Wish to Dispute the Contents of a Will?

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September 20, 2017
Contest a Will

Following the Legal Process can help you Contest a Will

If you are suspicious or dissatisfied with the contents of a Will for various reasons, you can legally contest it in a court of law. Engaging the services of top Wills lawyers can help increase the likelihood of a decision in your favour. However, it’s important to note that the decision of the court is final and binding and cannot be disobeyed or violated by the applicant or beneficiaries.

A Will may be contested for several reasons as described below:

  • You suspect that the testator (the individual making the Will) lacked capacity at the time when he or she drew up the Will. This could be due to mental or physical infirmity. Health conditions such as Alzheimer’s, dementia, alcohol addiction etc may result in lack of capacity.

3 Tips On Making It Through Your Divorce In One Piece

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April 15, 2017
Divorce

Surviving a divorce is a little like making it through a shipwreck – they’re often survivable, but it takes a little luck and some hard work to swim to shore.  The following tips should help you navigate the shark infested waters as you head back to calmer seas.

Your Next Marriage

No, I’m not talking about who you date after the divorce is over, I’m talking about your family lawyer.  This is the person who will calm your nerves, hold your hand through rough times, stand up for you and your interests, defend you, and generally be your guiding light for months.  You’ll also likely pay them a tidy sum of money so it’s absolutely critical you find a match for your budget and for your personality.  It’s like a marriage.

How do you find such a kindred soul?  Interview, interview, interview.  If you’re stressed out because you’ve been served with papers, or you want to file for divorce right away, the tendency is to go with the first family lawyer you meet.  Don’t do that.  Remember, you have to find a match.  Are you comfortable with them?  Do you like their personality?  Are you a person who needs a quick response to questions?  Did the lawyer (or their assistant) quickly return your phone call or email?  What do other people say about them (on-line reviews of lawyers actually exist and they’re extremely helpful).

Commercial Leases – Watch Out!

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November 15, 2016
Commercial Leases

A commercial lease is one of the most important, and sometimes scary, documents a new business owner will ever sign.  They involve complex terms, financial risk, and obligations you may have never seen before.  The first commercial lease my company ever signed was for a total value of $2.5 million dollars over five years.  At the time, it scared me to death.

With careful planning, however, a commercial lease can be a tremendous asset to your business, and as always, speaking to a qualified property lawyer is always a good idea.

Here’s a few things to watch out for:

  • The Money. You’ll be paying rent at regular intervals so watch out for a few things that will appear in this part of your lease.
  • Automatic rent increases. These are common in leases and can substantially affect your ability to pay (as well as the profitability of your business) over time.  Be careful to examine exactly how the rent increase will be calculated.   Try to anticipate the worst case scenarios and plan for them.  Be prepared to negotiate on this term, you do not have to accept it at face value.  Again, consulting with a competent property lawyer is a smart move.

Do You Want to Request for Changes in Parenting Orders Issued after Divorce?

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June 14, 2016
Parenting Orders

Under Australian law, The Family Court issues orders that govern arrangements made for children in the aftermath of divorce between the parents. Top family lawyers will explain that the primary objective of parenting orders is to ensure the welfare and wellbeing of the child. An individual is considered a child until the age of 18. Parenting orders usually involve equal share parenting directives whereby each parent will have an equal say in major issues impacting the child. Parenting orders are in place to ensure that parenting does not get adversely affected due to separation or divorce.

Commercial Real Estate Issues Under Australian law

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January 5, 2016
Commercial Real Estate

The regulation of commercial real estate issues constitutes one of important objectives of the present-day Australian law. In order to understand the specificities of legal regulation of commercial real estate in Australia, it is essential to review the current trends that inevitably affect and determine the nature of such regulation. According to Property Lawyers as far as Australia is concerned, the key trends influencing upon the development of law in the field of commercial real estate in the country include foreign investment environment, retail property investment environment, substantial commercial real estate deals in Australia, etc.

In relation to the first factor, it needs to be pointed out that foreign investments, specifically from Singapore, China, Hong Kong, Malaysia and Canada, into the property market of Australia, constitutes the strongest determinant of luxury hotel assets, significant office assets and residential developments. Besides, offshore investors view Australian investments as a relatively secure option as compared to other global investment alternatives. Generally speaking, occupancy rates across the Australian market are high and rental income has been stable.

Don’t Make Your Bust a… Bust

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July 15, 2015
Miranda Warning

A few tips to remember if by chance you see a police officer take out the handcuffs and you’re sure they’ll be going around your wrists any second.

  • Stop talking. While it’s true that your statements are generally inadmissible until the officer reads you your Miranda warning, it still doesn’t make sense to give the police any more information than necessary.  Wait to talk to your criminal lawyer.  Adrenaline will be pumping through your system, and many people get very “chatty” because that is their natural response to fear.  Take a deep breath, remember this is the time to be quiet. Miranda are those magic words which say “anything you say can and will be used against you…”.  Once you hear that phrase it’s really time to be silent and ask for your lawyer.  This doesn’t mean you can’t ask a question (“can I call someone to come get my car”, “I have medicine I need in my car”, etc.), but beyond that it’s better to zip your lip.

The Meaning of Assault Under Australian law

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March 20, 2015
Assault Under Australian law

Assault is recognised under Australian law as an offence against the individual, irrespective of the seriousness of the offence. Also, Australian law prescribes various charges for the act of assault. The act of assault is always intentional and entails reasonable apprehension by the victim of immediate harm irrespective of whether the actual harm has occurred.

In this light, the offence of assault may take place, for instance, when the perpetrator aims at touching, striking, moving or applying force without the victim’s consent, or when the victim’s consent has been obtained by means of fraud or duress. As the foregoing discussion must suggest, it is irrelevant whether a physical harm has been inflicted on the victim of assault, because a mere attempt to attack or a threat of force suffices. It is extremely interesting to note that assault may also be committed if the perpetrator utilises heat, light, odours, electricity, or any substance in order to cause personal inconvenience or injury to another individual.

Writing Your First Will

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November 22, 2014
First Will

Although it’s not something we like to think about, everyone dies eventually. It is extremely important to be prepared for this day in case it comes earlier than you expect it to. Using a wills lawyer to draft your first will is one significant step that you can take which will help your loved ones if you pass away.

Basically, a will records your wishes and tells people what to do after you pass away. You can include things like what will happen to your possessions, who will receive guardianship of your children, and what will happen with the rest of your assets.

Getting started:

Although it is relatively simple to buy a wills kit and to write your own will, the advice of a professional wills lawyer can be invaluable. Consider at least consulting with a lawyer before you attempt to write your will.

When Is A Business Agreement Not Valid?

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February 8, 2014
Business Agreement

Business agreements are complicated things, and they must be written according to legal guidelines to make sure that they are valid, and that they remain valid. It is important to consult commercial lawyers when writing your business agreement to make sure that you don’t fall into problems further down the track. Unfortunately, a lot of people make business agreements which aren’t valid, but they don’t know this until a dispute arises.

What circumstances invalidate a business agreement?

There are a number of different things which can invalidate and led to the cancellation of a business agreement. These include:

When one party has broken a central part of the agreementIf one of the parties involved in a business agreement acts in a manner contrary to the terms set out in the agreement, the other party has reasonable cause to believe that the agreement is no longer valid. If you feel that your business agreement has been broken due to the way that the other party has acted, consult a commercial lawyer to determine whether you should take the matter to court.

What To Do If You Are Charged With A Crime

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October 8, 2013
Charged with Crime

Unfortunately, people across Australia are charged with various crimes every single day. Crimes vary from very simple and basic ones like parking or speeding offences to more serious things like assault or drug-related offences.

Dealing with a charge can be a difficult and confronting process, especially if it is the first time that you have been booked. High-quality criminal lawyers can help you deal with your charge, and should be able to direct you and show you what your next steps are.

Before being charged

If the police are around asking you questions, then you need to carefully consider how you answer them. Being courteous and friendly is never a bad idea, especially if you are guilty. Doing so could help you get charged with a less serious offence, while being difficult won’t help your situation at all.

Stressed about Violation of Business Agreement?

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May 20, 2013
partnership agreement

Commercial Law Experts can help you understand your Rights

A partnership is an agreement between individuals who wish to finance and operate a business together. Reliable commercial lawyers are happy to guide clients who are facing anxieties and problems related to partnership agreements. In general, partnerships have certain advantages over sole proprietorships. Multiple partners may be able to raise more money than a single individual and their borrowing ability will be greater. Moreover, partners often bring their own skills to a business. In addition, employees may be more motivated if given the incentive to become a partner. You will enjoy shared management and control of the business.

A partnership agreement is a legal contract that clearly describes and lists all the duties and obligations of the partners in the business. In general, partnership agreements tend to be rather complex because the document has to include potential business situations and corresponding solutions. The absence of a partnership agreement is likely to result in confusion, stress and delay over distribution of assets and settlement of debts and so on.

Legal Dimensions of Separation Under Australian law

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November 13, 2012
separation Under Australian Law

Separation is a very specific phenomenon under Australian law of domestic relations, because it has a complex and transitory nature, particularly due to its evidentiary significance in a gradually deteriorating marriage. On the other hand, separation is imbued with prominent emotions at varying stages of grief. Thus, separation in Australia is frequently connected with the below stages of grief:

  • Denial and shock in the relationship
  • Actual anger and blaming of either the former partner or some different person that is allegedly responsible for the deterioration of marriage
  • Depression and sadness
  • Acceptance and accommodation to new conditions of life

Regulation of separation under Australian statutory and case law

Australian courts substantially extended the statutory dimensions of separation under Australian law. Thus, in Fields & Smith, the court ruled that it was just and equitable to make an order for property settlement.[1] Also, the court verified the equality of contributions pre-separation by the parties and found that the assets of the parties did not alter post-separation due to the efforts of either party. In deciding the case, the court also took into consideration changes in the role of the wife as parent and homemaker post-separation and decided that the changes did not decrease her entitlement to an equal division of the property. In the final analysis, the court held that there should be equal distribution of the parties’ assets upon separation.

Losing Sleep over Divorce Proceedings?

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March 17, 2012
Divorce Proceedings

Cooperation can help reduce Legal Costs

Every divorce case is different and unique. Competent family lawyers can help resolve problems related to divorce proceedings. Some cases are easily settled while others take time and tend to become acrimonious. As a general rule of thumb, cooperation and collaboration play a crucial role in reducing legal costs and minimising valuable time spent haggling over funds, monies and property. The more time spent in court, the higher are the costs that both parties are likely to incur. Divorcing spouses must consider costs involved for filing various motions in Family Court, paying for mediation services as well for other legal services.

Unfortunately, many divorcing couples have a tendency to make decisions or communicate in a way that is driven by emotion and ego rather than calm rationale and logic. This sort of approach not only results in increased costs, stress and worry but also has an adverse effect on children (if any).  Divorce can be an emotionally, legally and financially challenging experience and it’s a good idea to work towards resolution rather than litigation. Read on for a few important facts regrading the process of divorce in Australia: