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.

Why Local Conveyancers Are More Viable Than Online Conveyancers

When you’re about to make the most expensive purchase of your life, choosing a cheap conveyancer may seem logical. With a recent surge of online conveyancing companies cutting prices far below the industry norm and websites offering “do it yourself conveyancing guides,” it can be tempting to cut corners and look to the Internet. However, conveyancing isn’t a simple case of knowing the area and ticking the right boxes. Every house is different; therefore, every assessment should yield a different result. When hundreds of thousands are at stake, don’t take any chances. Hiring a reputable conveyancing service is simply a part of the process. Failure to choose a decent lawyer to oversee the legalities could not only result in delays, but could prove to be a costly mistake. Greater Local Knowledge Local conveyancers have local knowledge. If they’ve been in the business for a long time, they’ve probably dealt with properties in your area before. This could limit the time spent making irrelevant enquiries, allowing them to focus on the real issues. In addition, they’ll know what’s typical of your area. For example, if it’s renowned for having noisy neighbours or residents that regularly dispute property boundaries. Similar Prices By the time online conveyancers factor in disbursement costs – hiring a licensed professional to perform a pest inspection, spending time researching the locality, compiling legal documentation – their initial quote will inevitably rise. This could eventually make them just as expensive as a local conveyancer. No Delays When you have a local conveyancer and need to sign or deliver documents, you can simply walk into their office. Online conveyancers will...

5 Mistakes to Avoid When Making a Will

Drafting a will ensures that your wishes with regards to your assets and estate are followed. There are common mistakes that many people make when drafting wills. Read on to learn what pitfalls you need to avoid when making your will. Make sure to talk with your lawyer when you make these changes.  Update Your Will Many people do not take the time to update their will when they experience significant life changes. You need to update your will when you go through a divorce, when a new child is born, when you start a new business or when you acquire new assets. Failure to update your will can lead to disputes among your beneficiaries and many unintended bequests. It is also important to nominate guardians for your children in case they are left without parents. Include your Intended Beneficiaries This mistake occurs when you fail to update your last will by including a new beneficiary. Furthermore, when you leave someone out of your will (a person who has a right to your estate), or distribute your assets unusually, you need to state your reasons to avoid challenges or disputes when you pass away. It is also worth noting that in some jurisdictions, witnesses are not allowed to benefit from wills, therefore you should have witnesses whom you have not named in your will. Remember Your Taxes Many people make the mistake of assuming that their estates are not affected by the estate taxation system. Even if one your properties is not part of your estate, your estate may still be taxable. When drafting your will, make sure you...

Commonly Asked Questions About Using a Patent Attorney

A patent attorney is one who helps you file a patent on a new product or invention, protecting your legal and financial rights to that product. They can usually also help with things like copyrighting your written work, music, or artwork, and filing a trademark for a business logo and other such creation. If you’ve never worked with a patent attorney before or filed for a patent, you may not understand what’s involved in the process. Note a few commonly asked questions so you understand why these professionals are so important and how they can protect you. 1. Does a patent attorney actually get the patent? Your patent, copyright, trademark, and other such protections are actually issued by the government, not the attorney. The attorney is someone who can help you with the paperwork and with the filing process. This includes sending in any designs, schematics, engineering plans, blueprints, photographs, and other supporting papers that can better protect your product and your design. 2. Why hire a patent attorney if I can file the paperwork on my own? Note that a patent attorney can’t guarantee that you will actually obtain the patent, but using them for your filing can increase your chance of being approved for the patent. Because they are familiar with the type of paperwork the government needs to see, your chances of approval are better than if you filed on your own and omitted certain documents or papers. A patent attorney can also ensure that your rights are protected when it comes to the product themselves. They can tell you what part of the product or...

How a Family Lawyer Can Help You in the Surrogacy Process

Surrogacy is increasingly becoming an option for people seeking to have children. However, it is still a contentious issue when it comes to determining the parentage of a child. The laws in Australia that govern surrogacy are not clear and you might benefit from having a family lawyer to navigate through the process. This will ensure that your rights are protected so that you do not end up drained both emotionally and financially. What the Law Says The first step in the surrogacy process is to examine the legal provisions that exist. You need to know that whatever you are engaging in is lawful. Since the wording of the law can be difficult to interpret as a lay man, a family lawyer would come in handy to help you understand what the law says. The common law in the country is that the mother and her partner are the parents of a child born to them. However, this is tricky when surrogacy is involved. There is the Surrogacy Act of 2010 which allows for the parties in a surrogacy agreement to receive special treatment. Parentage Order This order is given to the parents of a child born to a surrogate mother. In order for the order to be granted, the application should be made within 30 days of birth. Upon its being granted, the new parents now have full parenting rights over the child and their names can appear on the birth certificate. However, there are some conditions that need to be met before the order can be granted. For instance, the surrogacy must be altruistic. This means that...

How to Go About Estate Planning As a Single Person

You might be tempted to overlook your estate planning just because you are single. However, while you might not face the same circumstances as the people who have families, it is still important to plan ahead. The current estate law in Australia provides for the assets of a single person to be distributed to the next of kin. This begins with the children, but if there are none, then the parents follow and then the siblings come last. If there are no heirs at law, your property will go to the state. To avoid this eventuality, you should consult an attorney about planning your estate. Writing of a Will This is the first step to planning the estate since the document forms the crust of the entire process. You should write in the will your desires for the distribution of your wealth once you are deceased. The will can distribute the wealth directly to the relatives, friends, and even charities. Alternatively, you can also specify that a trust be created to manage and distribute your wealth to the same people and organizations. In the will, you can name an executor to be responsible for implementing the will. Power of Attorney As a single person, it might be difficult to establish the person who has power of attorney should you become indisposed. For instance, in the case of a married couple, should one spouse become incapacitated medically, the other spouse has power of attorney to make important medical decisions. In that case, the process is smooth. As a single person, you can avoid the challenges that would arise from not...

Important Reminders When Finding a Criminal Defense Attorney

No matter the crime you’ve been charged with, and even if it’s your first offense, you want to hire a good criminal defense lawyer. He or she can protect your rights and do everything possible to keep you out of jail, reduce fines you might face, and protect your permanent record. While a good criminal defense attorney may be costly, you don’t want to simply choose the cheapest attorney you can find. Note a few important reminders when making your choice. 1. Choose a specialist You don’t want a criminal defense attorney who normally handles general law, personal injury, and other such cases, and then also handles a few drunk driving cases on the side. This is because an attorney’s experience will make a huge difference in how well they argue your case, and an attorney who handles certain cases part-time may simply be quick to agree to any offer given to them by a prosecutor.  A specialist who has argued many cases like yours and who makes criminal defense their only area of law may be more skilled at making an argument before a judge when it comes to the crimes for which you’ve been charged. They may even be more knowledgeable of recent laws that can affect your case. 2. Note if they have a defense strategy for you A good defense attorney should do more than just enter a “not guilty” plea for you and tell the judge or jury that the other side didn’t prove their case. They should be working hard at creating a defense for you; this can mean picking apart the evidence,...

Situations In Which You Should Hire a Personal Injury Lawyer

You’ve probably seen advertisements on TV for personal injury lawyers, usually in relation to car accidents. But if you think that personal injury lawyers only deal with motor vehicle related claims, you are mistaken. So to help you understand the other situations in which these legal professionals, like those at Kemp Law, can be of use, here are the services they can offer you. Wrongful Death Claims — Wrongful death claims are one of the most serious types of cases that a personal injury lawyer handles on your behalf. If someone you love has died as a result of another person’s negligence, such as a vehicle that had a mechanical fault or a doctor who prescribed the wrong medication, a personal injury lawyer can file a wrongful death claim against the company that is responsible for your loss. This type of lawsuit is punitive and seeks damages due to lost wages that the deceased would have earned, medical bills and the loss of that person’s presence in your life. Your personal injury lawyer will use case precedent to determine how much to sue for and will have to present evidence that shows a direct correlation between negligence and the death of your loved one. Worker’s Compensation — Worker’s compensation is set up to pay you when you are injured on the job and can’t work for a specific period of time. But if you are injured on the job and your employer is refusing to pay, a personal injury lawyer can file a suit to get you the money you deserve. Many worker’s compensation suits are related to injuries that...

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...