From Reality Television To Real Life: The Law And You

About Me

Do you watch police and border security reality shows? I rarely watch television but never miss an episode when these are on. I am intrigued by the motivations of people who break the law and even more curious about the punishments they receive. I research the relevant laws after an episode finishes and have become quite the bush lawyer!
Through research, I have noticed that laws related to an offence like dangerous driving can vary in our different states and territories. I realise that most people are time poor and do not have the opportunity to explore our laws in detail. I started this blog with the intention of giving you some insights into your rights and responsibilities under Australian law.
First and foremost, I hope you find these scribblings to be entertaining. I will be extra pleased if you find some useful information. This blog is now in session.

3 Reasons Why Freelancers May Need Legal Services

As a freelancer, you may think that your career choice is going to be fairly simple. Your services are provided to a company or a client, you bill for your services, and you are paid. The trick to being a freelancer is there are certain times when your career choice will not be so cut and dry and legal services may be required. Here are a few reasons why, you as a freelancer, may need legal services: Incorporating Your Business When you first start your career as a freelancer, you may be testing the waters. This means you may be trying out the idea of working at home or being a contractor instead of an employee. After you have gotten your feet wet and taken on some clients, you may find that more work will come your way and taxes will be easier to handle if you are incorporated. Though you can fill out incorporation paperwork on your own, having a lawyer help you will ensure that you are doing it correctly, filing the right paperwork for your business, and paying the right fees that are associated with your business. Breach of Contract Unfortunately, not all clients will be as respectful as others. You may have a client that requests your services and then doesn’t pay for those services. You may also have a client that discontinues work without notice or breaches another part of the contract you have in place with them. If this is the case, you can take steps on your own to settle the matter, but sometimes that may not work. If you find yourself...

What Every Newly-Engaged Couple Should Know about Prenuptial Agreements

Family law isn’t just about deciding who pays child support, how much they will pay and who has custody of the children. There are other tasks a family lawyer can handle, and one of these includes prenuptial agreements. If you are a newly-engaged couple considering signing a prenup, there are a few things you should know. Determining if a Prenuptial Agreement is Necessary The first thing you should consider as a newly-engaged couple is if a prenuptial agreement is actually necessary. Some of the considerations that lead to this type of family law agreement are cases where one member of the couple has more property or money than the other. Another consideration is if you or your future spouse may be getting a sizable inheritance during the foreseeable future. This may lead to a designated and legal line of property being drawn up to ensure you keep what you are entitled to if a divorce should occur. Unlisted Items on the Agreement One of the reasons that many couples choose to use a family lawyer when it comes to prenuptial agreements is to avoid missing items or not listing certain items. When you do this yourself, you may forget something that a lawyer will automatically ask about or mention due to their experience in the field. What you need to know about unlisted items is that if they are not on the prenuptial agreement, they can be brought up in court and the other spouse can fight for them if they wish to. This makes it vital that you use a professional family lawyer to ensure that this does...

Tips on hiring a solicitor for your legal needs

Throughout your lifetime, there may be a time or two when you need to hire a solicitor. It could be for any reason. You may be charged with a crime or with a DUI, or it may be for something as simple as needing legal representation when buying a new home, or if for some reason you are trying to avoid legal problems and need advice. Whatever the reason, you will need to find the right lawyer for you, as not all have the same specializations: Questions to Ask a Solicitor Before you hire a lawyer, you need to shop around just like you would for any large purchase. Hiring a lawyer is not cheap, so you need to be sure that you get the right lawyer in the first place. There are several questions you will want to ask when interviewing prospective solicitors. Obviously, the first questions will be about how long they have been practicing law, and how much they charge. Here are some other questions you will need to ask: Have you had similar cases in the past, and if so, were the results favourable for your clients? Will you try to settle the case out of court, or will you automatically take it to trial? Will it be you who works solely on my case? If not, who else is going to be involved? How long do these types of cases usually take to get to completion? Do you take payment plans, and if so, what kind of arrangements can I make? The Initial Consultation Many solicitors will offer a free first consultation, so they...

3 Reasons You Need a Family Law Solicitor During a Divorce

In many areas, couples can go through a type of “do it yourself” divorce proceeding, without a solicitor. They may draw up their own agreement about property, support, and custody of the children, and then simply file the paperwork. While it can be tempting to do this in order to save on the fees you will incur with a solicitor, it can actually be more costly in the long run. You might even be surprised to find out that your agreement is not what you thought when you drafted it. Note a few reasons why you need a family law solicitor when going through a divorce. 1. Protecting future income and assets When you write up a divorce decree yourself, you may take into account your current financial situation and nothing else. However, a spouse may be entitled to a portion of another’s future income and assets, including their retirement benefits, profit from the sale of certain assets, and so on. In order to protect those future incomes and any assets you might sell off after your divorce, you should speak to a family law solicitor, such as Alison & Associates, so he or she can ensure that this issue is addressed in your divorce settlement. This will include wording that makes your final divorce agreement actually final. 2. Mistakes are commonplace Overlooking certain aspects of a divorce or making outright mistakes in how you word your agreement are both commonplace during a divorce. This is often due to a couple not understanding all the facets of their life they should cover in that agreement, such as which spouse is...

3 Ways You Might Benefit from a Prenuptial Agreement

A prenuptial agreement is a legal agreement that a couple create and sign before they get married, and which is then referenced in the event of a divorce, separation, or death of one spouse, and which may even be used during the marriage. While a prenuptial agreement may not sound very romantic, it can be a necessary step to take when considering marriage. A family lawyer can explain how such an agreement can benefit you personally, but note some of the basics about what might be included in such an agreement and how they can benefit couples. 1. Keeps debt separate The debts incurred by one spouse are often considered the responsibility of both spouses once they get married, and a creditor can often go after shared or marital property to settle those debts. A spouse’s credit rating can also be damaged by the debts of their spouse. A prenuptial agreement can help to protect each spouse from having this happen, if it notes that they will keep their finances separate during the marriage. The prenuptial agreement may determine that the spouses will keep separate credit cards and bank accounts and even file their taxes separately, so that each spouse is protected from the debt of another. 2. Solidifies agreements about payment for each other’s expenses The opposite of keeping debt separate, a prenuptial agreement may make provisions for one spouse to pay for another’s expenses, for example, if one spouse wants to go to school or start a business. The prenuptial agreement can ensure that this is agreed upon and may also include provisions for that spouse to...

Are You Afraid of Your past Conviction or Criminal Record? You Can Now Have It Concealed or Sealed

In the current digital age, having a criminal record can lead to difficult and awkward moments. Potential employers might be hesitant to hire you, potential romantic spouses might be unwilling to meet you in person, and landlords may be uncertain about letting you rent their housing units.  It’s pretty clear that a criminal record or conviction for a minor charge can inflict mayhem in your personal life. However, it’s not all despair and gloom for those convicted of crimes. The good news is that, depending on the specifics of your criminal case and the state in which you live in, you can actually conceal your criminal record through a process referred to as expungement. What is Expungement This is a process that involves sealing or hiding criminal arrests as well as conviction records. Each state has laws in place that allow citizens to edit out police arrests and also convictions from the history, however the details often differ from one state to another. After your conviction or arrest has been wiped out, state laws stipulate that it need not be revealed to landlords or potential employers. For instance, assume that you were arrested, indicted and convicted of minor theft, then afterwards had your criminal defence lawyer negotiate with the court to have your conviction erased or sealed. In the event that you are invited for a job interview and are asked whether you have previously been convicted of a criminal charge, then you are at liberty to say no. Nevertheless, note that expungement doesn’t liken to abolition of the records. Instead, they are basically sealed and only opened with...

Why an Uncontested Divorce Is Good For You

An uncontested divorce is a divorce in which spouses agree on issues affecting the dissolution of their marriage such as how to share assets and liabilities, custody of kids and child support. The role of court in such a case is to confirm what the parties have agreed upon and grant them a divorce decree. An uncontested divorce has many advantages for you. This article discusses some of those advantages. It Reduces the Cost of the Divorce Family lawyers say that divorce litigation can be very expensive since the case can drag on for months, or even years. Spouses spend a lot of money on divorce professionals like lawyers and accountants. This can leave them financially drained by the time the divorce is finalized. It is therefore better that you seek for an uncontested divorce (by initiating discussions aimed at avoiding fighting it out in court) so that the finances you would have spent during the litigation remain in your pocket so that you get a fresh start as a single person. It Preserves Your Dignity Divorce proceedings in which you have not agreed on how to part ways amicably can get very ugly and damage your sense of dignity. For instance, the lawyer of your former spouse can adduce video evidence of you cheating or physically abusing them in the marital home. Such evidence in open court can be very damaging to your dignity and moral standing in the society so such embarrassments should be avoided, if possible. It Creates a Cordial Atmosphere for Future Interactions If you have kids together and you decide to dissolve the marriage,...

The roles of a conveyancing lawyer

If you are planning to invest in the real estate business, it is advisable to hire a good conveyancing lawyer. The real estate business is very lucrative and there are many cons looking to make money of unaware investors. A conveyancing lawyer is the professional who steps in before you make any transaction ensure that the land titles and property ownership details are all correct. The conveyancing lawyer will help you with the following: Legal Advice Even if you are not planning to hire a conveyancing lawyer, it is advisable to consult with one, just to look over your documents and details before you make the final decision. These attorneys have a wealth of legal knowledge coupled with experience so they can advise you one the various aspects of the deal that you need to be aware of. They can give you useful pointers that will help you avoid fraudsters and money laundering deals. Researching the title details and land registry details In order to ensure that the deal is genuine, the conveyancer validates all the land registry and title details. This may involve some research into the background of the property in order to determine if there are any pending disputes over the same property. Such disputes, if undetected early enough, can potentially void the deal and lead to huge losses for the buyer. There should be total transparency in the transaction. Draft the contract and terms of engagement Based on information collected in the research into the background of the property, the conveyancer can the adequately come up with the terms of engagement and sales contract. During...

Animal Lawyers: Voices for Those Who Can’t Speak for Themselves

When most people go into the field of law, they are doing it so they can help other people. But, there are some lawyers who mainly have clients of the four-legged variety. Sadly, many animals face starvation, violence, neglect, and other forms of cruelty, and it is the animal lawyers who fight for the rights of these animals, and make sure that they are protected. Read on to learn more about the role of an animal lawyer. Animal Law Explained When a lawyer specializes in animal law, they are getting in a field that deals mainly with protecting animals from abuse. There are actually many different areas of animal law that a lawyer can specialize in. For example, many animal lawyers lead the fight against commercial whaling. Others deal specifically with the importing and exporting of live animals. In recent news, many zoos are coming under fire for how animals are housed and cared for. Animal lawyers also work on the behalf of these zoo animals, to make sure that they are going to be healthy and happy. Other areas that animal lawyers specialize in include: Factory farming Protecting endangered animal species Circus animals Dog-fighting Tail docking Care of laboratory animals Wildlife culling In some cases, animal law is even more important than legislation for consumer protection. For instance, if a farmer labels eggs as coming from free-range chickens but the chickens are caged, an animal lawyer can fight to make sure that proper labeling is used so consumers know what they are getting. Can Any Lawyer Practice Animal Law? Many lawyers specialize in protecting the rights of animals....

Entitlements and Obligations That Come with Onshore Partner Visa

Australia’s partner migration programme allows entitled Australian citizens and permanent residents to guarantor their partner to travel over and stay with them in Australia. This visa is appropriate for a married spouse, a de facto spouse or same-sex spouse of a person who holds an Australian citizenship or permanent residency status. If awarded, onshore partner visa will enable the married spouse, de facto spouse or same sex spouse to travel and live in Australia. Categories of Onshore Partner Visa  Temporary Partner Visa This is a provisional visa for a spouse of an Australian citizen or permanent resident. Its validity is typically 2 years. Entitlements With a temporary partner visa, you can:         Stay with your Australian partner or permanent resident for a duration of 2 years after which you will have to apply for a permanent partner visa.         Secure employment in Australia         Pursue tertiary education in Australia although you will not be eligible for government funding.         Enroll in the health care system in Australia and enjoy the medical benefits. Permanent Partner Visa After the elapse of the 2-year validity period of the temporary partner visa, the spouse of an Australian citizen or permanent resident may be entitled for a permanent partner visa. Entitlements With a permanent partner visa, you can:         Stay permanently with your Australian spouse.         Secure employment or join educational institutions in Australia         Enroll in the health care system in Australia and enjoy the medical benefits.         Qualify...