How The Role Of An Independent Children’s Lawyer Can Be Crucial to A Child’s Welfare

There are many roles and duties that family lawyers may have to undertake throughout their careers and one which can arise is them being asked to act as an Independent Children’s Lawyer (ICL). Invariably, an ICL will be a family lawyer who has several years of experience and crucially, they will also have completed the ICL accreditation program which is recognised across the country.

Each ICL will be a family lawyer appointed by a court under the Family Law Act of 1975. Their primary role is to represent a child and see that their best interests are protected and promoted. Most instances of an ICL being appointed to represent a child are when that child’s parents are excluded from representing their child or unable to. Funding for ICLs usually comes from the Legal Aid Commission, although they can also be privately funded by one or both parents.

Circumstances In Which An Independent Children’s Lawyer Can Be Appointed By The Court

What Happens When The Parent Paying Child Support Goes Bankrupt?

As the economy rises and falls and given some of the difficulties the world has faced recently, it is not surprising that some people find themselves facing bankruptcy. This becomes a greater problem if that person is liable to pay child support, and this is when the advice of a family lawyer will be crucial in helping to steer a path forward.

There is no denying that regardless of which side of the fence each parent is on when the one that pays the child support is about to declare themselves bankrupt, it is likely to be a stressful time for both of them.

There may already be situation that due to their increasingly desperate financial situation the parent paying child support has already accrued arrears. Obviously, the level to which the parent still communicate may have at least meant that the other parent was aware of the situation.

How To Apply For A Reduction or Exemption Of Legal Fees During A Divorce?

There is no getting away from the fact that divorce can be expensive, for both parties. There is the divorce lawyer to pay, court fees, and then there is the financial settlement, which can often create winners and losers, depending on which side of the marriage you are on,

However, it is not all bad news, because the legal experts at tell us there are ways in which you can reduce the amount you have to pay, and this is in relation to the cost of going to court if your financial circumstances mean you are struggling to pay, or are suffering from financial hardship.

As with any scheme of this type, there are a number of criteria that must be met, and the first of these is whether or not you are actually eligible to apply.

What Type of Employment Contracts Exist in Australia?

If you’re starting a new job in Australia, it’s important to make sure you sign a carefully drafted contract to ensure you’re protected by the full scope of the law. While there’s no legal requirement to have a contract in Australia, an employment lawyer at will tell you that you’d be silly not to have one – regardless of whether you’re an employer or an employee.

However, there are a few different types of contract, and it can be hard to determine which is best suited to your specific situation. It’s important to be fully informed before you begin contract negotiations, which is why we’ve outlined the different employment options available. As always speak to a trained employment lawyer if you have queries or would like help drafting a new contract.

What Are the Main Contract Types?

In short, there are two main types of contract in Australia. These can be further split into different types of employment – and we’ll go into that shortly – but first, let’s take a closer look at what they are.

  • Open-ended contracts are the most common and involve an employee being hired for an unspecified amount of time. They usually include information about contract termination, including how much notice needs to be given and what, if any financial payouts a dismissed employee is entitled to.
  • Fixed-term contracts are rare but certainly worth being aware of. They generally specify a hard end-date when employment will terminate. A good example of a fixed-term contract would be when you commit to working with a company for a year on a project, but don’t want to continue after this.

Now that you understand what types of contracts are available, let’s have a quick look at the most common employment types in Australia.

Why Should I Speak To A Lawyer When Putting My Will Together?

If you don’t already have a will, you should consider creating one. Nobody plans on dying, but accidents do happen. Without a will that outlines what should happen to your estate in the event of your passing, things will be a lot more complicated for your family and friends. Unfortunately, putting together a detailed will can be a little complicated, especially if you have a lot of assets and a large estate. It’s therefore a good idea to speak with a good family lawyer when you’re writing your will, as they will be able to help you make sure that you get everything right. With this in mind, I’ve put together a short list of the most important reasons why you should use a lawyer to create your will. They include: It Will Give You Peace Of Mind Hiring a lawyer to help you write your will can help ensure peace of mind for you and your family. If you’re not a confident person, you might experience nagging doubts about the quality and legal standing of a will that you’ve created on your own. On the other hand, using a lawyer with experience and a detailed knowledge of wills can ensure things are done properly. Experienced lawyers will be able to help you make sure that your will is legally binding and created with the appropriate structure. A Lawyer Can Help You Gain Tax Advantages Since most lawyers are familiar with the ins and outs of creating wills, they usually understand how to write a will that’s effective as far as tax goes. If you’re wealthy and have a lot of assets, then this is a very important thing to consider. For example, a poorly written will can result in a large percentage of your estate being taken as tax upon your passing. On the other hand, a will written by a lawyer who has experience in taxation matters can help reduce these taxes, allowing you to pass on a lot more benefits to your heirs. Wills Can Be Complicated Ultimately you won’t really know if you’ve got your will right until you pass away. Do you really want to take a risk that you’ve missed something important or misworded an essential phrase? Using an experienced lawyer will help ensure that your will is properly written with the correct legal terminology. This will help make sure that it will stand up in court if it’s challenged. Really, the more complicated your estate is and the more people you plan on passing things on to, the more benefits you will get out of using a lawyer. All things considered, it’s never going to be a bad idea to consult a lawyer when you’re writing your will. An experienced lawyer with a sound knowledge of wills and estate planning can help make sure that your will is well written, that it’s tax effective, and ultimately, they will give you peace of mind that your affairs are in order.

Five Myths About Divorce You Should Never Believe

The Internet abounds with phony information about what someone can do to prepare for a divorce, some are even perpetuated by family lawyers.  These ideas range from the ludicrous to the illegal.  What’s important to remember is that if you are planning on applying for a divorce, common sense is still king.  If something seems too good to be true, illogical, or dangerous – it probably is.  Ultimately a judge is going to take a look at the specifics of your divorce and they are typically very bright people who have, as they say, “seen it all”.  The chances of you successfully fooling them are very low and once you’ve lost credibility with the court you will never get it back.

To help you avoid these pitfalls, here are five pieces of very bad advice you should avoid at all costs:

  • You’re going to lose the house, don’t worry about it.  Wrong.  Typically the house is the largest marital asset you will have.  In many cases there is a lot of equity built up in the home which will need to be divided in the divorce.  That doesn’t mean the house must be sold, but there will need to be an event where the equity is extracted and divided.  That might take the form of a refinancing, or an adjustment to other property given to one of the spouses, but rest assured, you are entitled your fair share of the equity in the home.  Also, pay close attention to how your mortgage is addressed in the divorce.  If nothing is done you will remain liable on the mortgage, even after the divorce, so make sure the agreement requires that your name be removed from the mortgage.

In some cases, it’s emotionally or physically beneficial for the couple to separate and not live in the same home.  Be aware that in some jurisdictions it will be more difficult to transfer the occupancy away from a spouse who is still living in the home while the divorce is pending.

Dumbest Things Criminals Do Online

We’ve all seen our fair share of criminal behavior online.  From people fencing stolen merchandise on Craig’s List or eBay, to someone live streaming a criminal act on Facebook.  If you’ve done something wrong, find a good criminal lawyer and don’t compound the error by engaging in any of the following activity. Here’s a list for us of the Dumbest Things Criminals Do Online….

Stop Talking

I’m serious, stop talking about what you did, to anyone, period.  This includes bragging about the crime on social media.  Do you think police won’t search your social media posts if they suspect you of something?  They will, I promise you.  Because of my profession I know many police officers, including detectives, and they have countless stories of finding criminals by doing searches online.  Also, do you think other people won’t rat you out once they see incriminating posts online?  Sorry, I guarantee you someone who as access to your social medial profile doesn’t like you and won’t hesitate to drop a dime.  There’s nothing to be proud of here, criminal behavior is not something you should boast about or even talk about.  The types of criminals who do talk about their crimes – those are the ones behind bars.

Smart Phones

These wonderful devices are your enemy if you’ve committed a crime.  Why?  They’re a walking talking trove of evidence about where you’ve been and what you’ve been doing.  These include GPS information about where you’ve been traveling and where you’ve made phone calls as well as providing police with time and date stamps on pictures you may have taken or texts you may have sent.  And they are so common most of us forget we even have them on our person.

Starting a Business? Business Lawyers can Clarify Doubts

If you are in the process of launching your own business, you are likely to have your hands full with planning products and services, organising finance and networking with prospective clients. Seeking the services of commercial lawyers such as Rowe Bristol can help prepare or even prevent unpleasant surprises like lawsuits and infringement. As you work hard towards getting your business off the ground, the last thing you need is to have to shell out valuable dollars towards legal expenses which could have been avoided by being prepared beforehand. In other words, hiring the services of a business lawyer could be a proactive step towards protecting your business from loss of reputation and monies.

Firstly, a trained commercial lawyer can help answer queries and doubts about starting a business in Australia. In addition, he or she can also help you decide if your company should be a corporation or a LLC (Limited Liability Company). These questions regarding business setup and start-up can be daunting for many first-time entrepreneurs. When you are just starting out with your own business, every decision contributes towards making the business a success. For example, LLC and corporate structures are taxed in different ways. A lawyer will help you understand the unique features of each type of business structure and this way, you can choose the structure that corresponds to your unique business requirements.

Expert Legal Guidance For Starting your Own Business

The prospect of starting your own business is often an exhilarating one. However, it’s extremely important to keep yourself and your business safe from the crippling risks of litigation. Seasoned commercial lawyers can help minimise the risks of lawsuits and liabilities in several important ways. Legal problems and headaches in Australia can severely impact your business and affect the bottom line. While starting or running a business is an extremely rewarding experience, you will feel more confident with an expert lawyer looking out for you. It’s crucial to take proactive steps to prevent the occurrence of legal issues which can sap any business of life, reputation and profit.

Regardless of the size or nature of the business, there are some common legal issues that should be never be neglected. These issues usually occur in relation to:

  • The structure of the business: Each type of business structure is managed, handled and taxed differently. The choice of structure involves knowledge of different types of taxation policies etc and it pays to seek expert legal advice because as a new entrepreneur, you don’t wish to inadvertently put your foot on the wrong side of law.
  • Contracts and agreements: Lawyers can help prepare and create contracts that you need in order to legalise your professional relationship with employees, contractors etc. Employment contracts should clearly spell out terms and conditions, salary, benefits, termination clauses etc. Experienced lawyers can help create watertight, comprehensive contracts for your business.

Nasty Divorce Proceedings can be Traumatic

A Competent Lawyer can help you Negotiate an Amicable Solution

If you or your partner are seeking a divorce, you may be tempted to use information from a book, court documents or the Internet. This may sound like a good idea, but divorce proceedings are often much more complicated and reliable family lawyers can represent your best interests. While a do-it-yourself approach may work in a few cases, a lawyer can help protect your best interests.

Divorce proceedings can often be complicated, especially when dealing with issues like child custody, debt, assets, retirement benefits, future inheritance and so on. There may be several factors to consider before you agree to sign an agreement.

Depending on the nature of the assets, properties etc, the financial resources may not always be split down the middle. Having an experienced lawyer on your side can help you understand decisions’ short- and long-term implications. He or she can help keep the process smooth and proactive so that it is easier to move on after the process is over. An acrimonious process can make it very difficult to re-establish parenting relationships etc in the aftermath. In addition, the costs of a bitter divorce can eat way into your finances for months or even years after it’s over.