Author: Net Justice

Looking for a Well-Structured Corporate Lease

Looking for a Well-Structured Corporate Lease

By : Net Justice

An Experienced Lawyer can help you out

Sometimes, it’s well-worth the time and effort to seek legal guidance on certain issues. For example, it’s a sensible idea to look for competent property lawyers to negotiate a profitable corporate lease for your requirement. Corporate property lease contracts are often complex and lengthy documents. They are often replete legal jargon and may contain multiple clauses and so on that we may easily miss, if we tried to negotiate on our own. Hence, it’s invaluable to have reliable legal counsel looking out for your best interests. It’s crucial to completely understand the terms of the lease and request for any modifications (if required). A property lease agreement will usually contain terms that are favourable to the landlord and his or her convenience.

Read on for some useful tips regarding negotiating a corporate lease.

  • Companies and businesses may wish to look out for property leases that are valid for at least a year before they come up for renewal. This is especially useful for small businesses as you should not be obliged to move your business location every now and then due to a short-term lease. On the other hand, if you are on the look-out for more favourable locations or lower rents etc, you can also opt for a short term commercial lease.
Principles of Divorce

General Legal Principles of Divorce Under Australian law

By : Net Justice

Divorce in Australia is regulated by the Family Law Act 1975. The statute establishes the principle of no-fault divorce. This means that it is not incumbent on the petitioning party to prove the other party’s fault in order to have the marriage ended by the court. Specifically speaking, the court does not take into consideration reasons why the marriage has ended, because the only ground for divorce under Australian law is the fact that the marriage broke down and there is no reasonable likelihood that the parties will get back together. In this connection, it needs to be pointed out that the Federal Circuit Court of Australia is empowered by Part VI of the Family Law Act 1975 to handle all matters related to the dissolution of marriage. That is, the Federal Circuit Court of Australia has the original jurisdiction to hear divorce cases. However, when the court grants divorce, it does not simultaneously rules on the matters of property distribution, financial support or arrangements for children. It merely recognises and formalises the end of the marriage.

To elaborate further, Australian law entitles an individual to apply for a divorce in the territory of Australia if (i) either the individual or his/her couple has domicile in Australia (views Australia as their home and have intent to reside in Australia permanently) or (ii) are Australian citizens by any lawful means or (iii) ordinarily reside in Australia for at least 12 months immediately preceding filing for divorce. Additionally, Australian law requires from the applicant to prove that the applicant and his/her spouse have lived separately and apart from each other for at least 12 months, and there is no reasonable likelihood of resuming married life. Here, it is extremely interesting to note that the court may recognise the fact of separation even under conditions when the couple lives separately in the same house. This is known as ‘separation under the one roof’. In case the couple has children aged under 18, the court can grant divorce only if it is satisfied that proper arrangements have been made for the children.

3 Types of Criminal Offences

By : Net Justice

Criminal Lawyers are kept busy dealing with all kinds of crime, but these all fall under one of three categories. This is important because the type of crime committed depends on which sort of court the person will be tried under a magistrate’s court or the Supreme Court.

Based on the legal advice provided by the criminal lawyers at Culshaw Miller, here are 3 types of criminal offences:

Summary or simple offences. These make up the majority of common offences and are defined as

  • They have no term or imprisonment but a fine of less than $120,000.
  • Having a maximum term of 2 years imprisonment
  • Most dishonesty offences of $2500 or less, not including robbery, violence or serial offences, or offences of more than $2500
  • Not including arson or bushfire offences

Examples are disorderly conduct, minor criminal damage to property, and driving under the influence of alcohol or drugs. People charged with a summary offence must be tried in a magistrate’s court. They cannot be tested with the jury.

Minor indictable offences. These are more serious than summary offences but less severe than major indictable offences. They, too, are tried in a magistrate’s court, but the defendant can ask to have them tried in a higher court with a jury. They should only do so after taking counsel from a lawyer, as they could easily be given a harsher sentence. Examples of these offences are: –

  • Theft
  • Deception
  • Serious criminal trespass
  • Aggravated and indecent assault
  • Stalking
  • Gross indecency
  • Property damage less than $30,000
Dealing With Divorce

Five Tips For Dealing With A Divorce

By : Net Justice

If you are going through or have ever gone through a divorce, you will know that they are extremely difficult. You will find that you get very stressed very easily, that your emotions might bubble over from time to time, and that sometimes things will just become too much to handle. Although decent family lawyers can help the divorce process run smoothly (especially if there are children or a lot of assets involved), sometimes they aren’t enough.

The following five tips should help you deal with your divorce on an emotional level. Yes, it can be hard sometimes. However, remember that there is light at the end of the tunnel!

  1. Make sure that you choose a decent family lawyer

You don’t necessarily have to choose the best lawyer, nor do you have to go for one who charges stupidly high prices. Ultimately, what you really need to do is choose a family lawyer who treats you like a human, and who can help you through the emotional turmoil of a divorce. Sure, a lawyer’s job is to help sort out the legal side of the divorce, but if they are nice, compassionate people then you will find everything becomes that much easier!

Correction Orders

Community Based Correction Orders Explained

By : Net Justice

Criminal lawyers will tell you that being sent to prison is not always the best way to help a person who has broken a minor law. If you have committed an offence for which you should be punished but not sent to prison, community based correction orders may be instigated. This teaches you that there is always some kind of consequences for your actions, whether they are good or bad.

When you have community based correction orders applied to your case as a punishment, it usually means you have to do some kind of work to help and improve the community you live in. It may also include taking part in human development courses, educational or vocational training and undergoing rehab or some kind of treatment to address your problems.

To ensure you do what the court has ordered, a correctional officer will be assigned to you. You usually have to report to your correctional officer during the period of your orders. It is wise to do everything you have been ordered to do, otherwise worse punishment may be given.

Estate Planning

Useful Estate Planning Strategies can Help you Establish Control over Disposal

By : Net Justice

Worried about your Hard-earned Assets?

In simple terms, the term ‘estate’ refers to your net worth in the eyes of Australian law. Estate planning lawyers will explain that a comprehensive estate plan will include much more than the Will. It’s important to understand that the word ‘estate’ includes much more than real estate. Estate not only includes property but also includes bank accounts, vehicles, homes, boats and jewelry and so on.

A legally valid estate plan will include advanced directives such as trusts for children and grandchildren, for pets or charity organisations as well as power of attorney (POA). By choosing to plan your estate while you are sound of body and mind, you are in a position to eliminate any uncertainties over the administration of your estate after your death. Specifying the POA helps another individual take care of decision-making if you are unable to do so due to health reasons etc.

Breach of Contract

Looking to File a Complaint against Breach of Contract?

By : Net Justice

Seek Competent Legal Expertise

Disputes between shareholders can often be highly complex and sensitive in nature. Knowledgeable lawyers that specialize in commercial  matters can help the parties resolve issues within the framework of Australian corporate law. Shareholders may find it particularly difficult to reach agreements regarding evaluation, finance and other related issues. A shareholder is an individual who owns stock in the company. Shareholder disputes often involve allegations of breach of fiduciary duty or fraud.

In simple words, fiduciary duties refer to fairness and loyalty in commercial practices. Directors and other employees of a company are expected by law to put the interests of the business first. Breach of fiduciary duty occurs when an individual acts against the best interests of the company or business or performs an action that is perceived as conflict of interest.

Will Or A Trust

Should You Use A Will Or A Trust?

By : Net Justice

Writing a legal document which details your wishes after your death can be difficult, especially with the range of choices that you have. Many people decide to go for a simple will, while others choose to use complex estate planning to make sure that their affairs are sorted. The alternative to using a will is to set up a trust. Here are a few of the factors which will affect your decision when it comes to deciding between the use of a will and a trust, but you should always consult an experienced wills lawyer before making any significant decision.

So, what things do you need to think about when choosing whether to use a will or a trust?

The size of your estate:

Generally, trusts are more suitable for people who have a relatively large estate and a lot of assets. This is due to the fact that it does cost money to set up an estate, and it simply isn’t worth doing if you don’t have a significant amount of assets.

Buying a Home

The Real Cost of Buying a Home in WA

By : Net Justice

When looking for a home to purchase, most people look at the sale price to ensure the home is within their budget. But property lawyers will tell you that there are many other costs to consider as well. If you’ve never bought property before you may not be aware of these costs and finding out later will mean your budget may be shot to pieces.

Here is a list of the other costs you are likely to meet along the road to your first home.

  • The deposit, although not an extra cost, will be required up front before the remainder of the price. If you decide not to go ahead with the purchase, you’ll lose it, so be sure before you pay up. It is usually about 10% of the purchase price of the home, but if you can afford to put down 20% you may get a better deal on the loan.
Property Settlement

Worried about your Rightful Entitlement?

By : Net Justice

Legal Settlement of Property after Divorce under Australian Law

During marriage, spouses usually share a common pool of assets and resources that is collectively known as ‘property’. Family Lawyers will explain that the process of divorce has far-reaching financial implications for both partners. If one or both partners own property individually, jointly or along with others, either party is entitled to request a property settlement from the other. The objective of the Australian property settlement law is to ensure fair distribution of property after separation and divorce.

In fact, property settlement laws not only govern marriage but also de facto relationships, i.e., couples who live together on a domestic basis. In Australia, the Family Law Act of 1975 determines property settlement after divorce or separation. Property, in general, may include assets and resources that are owned or controlled by either one of the partners. Thus, property may include: