Category: Legal Advice

Changes Proposed For 2021 To The Partner Visa
Jul 20

Changes Proposed For 2021 To The Partner Visa

If you have applied for or are considering applying for a partner visa then it is important that you know there are changes due to be introduced in 2021. These have been in the pipeline for some time, but it is only recently that specific details about the changes and when they are going to be implemented have been published by the federal government.

Given that the regulations and legislation surrounding visas is so complex it has taken some time for many of the specifics to become known. Even now, at the time of writing, the changes have not reached the point at which they can be fully implemented. The current timeframe is for them to go live in November 2021, but that could still change. As for the main changes, these are outlined below.

Partner Visa Numbers To Be Increased

It is often the assumption that when a government announces changes to any policies relating to immigration that they are going to be bad news for those wishing to obtain visas to live there. However, we are actually going to start with some good news, and that is the fact that the government has announced an increase in the allocation of partner visas.

In truth, it may not necessarily mean any more people being granted visas overall, as the increase has come about as a result of two other issues that exist. One reason is that there will be fewer skilled visas being granted, and the fact that there is a massive backlog of partner visas in the processing system is another.

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Make a Position Redundant
Jun 1

How Much Does It Cost to Make a Position Redundant?

Redundancy is, unfortunately, an increasingly common occurrence in the modern world. As positions are automated and jobs which previously relied on human labour taken over by machines, some positions are simply no longer needed. When this happens, the position can be made redundant, and the corresponding employee or employees may be dismissed.

However, you will have to pay said employees some sort of severance package if you make a position redundant. You should speak with experienced employment lawyers to ensure you’re following the correct procedures, but it’s also useful to have a good understanding of the financial implications of making a position redundant. In the rest of this article, we’ve provided a brief overview of these and more.

What Costs Will I Have to Absorb if I Make a Position Redundant?

If you decide to make a position redundant, you will have to absorb some costs, especially with respect to employee termination payments and entitlement payouts. The financial value of these varies with industry and position, but they include:

  • A redundancy payout, which is generally based on the length of time an employee has been working with you.
  • Any accrued entitlements, including annual and/or sick leave.

However, it’s also important to realise that redundancy payouts may be reduced under application to the Fair Work Commission if you:

  • Can find another job for the employee or employees in question.
  • Can’t afford to pay the full amount.

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Sperm Donors
Aug 15

Do Sperm Donors Have Any Legal Parental Rights?

Sperm donation is becoming increasingly common, and there are millions of children across the world who have been born as a result of the practice. As a result of this, the question of parental rights is becoming increasingly common, and we’re seeing cases come through the courts more frequently than ever.

With this in mind, I’m going to explore the issue in this article. As always, the information I’ve outlined here is purely to give you some knowledge about the topic. Make sure that you speak to your local family lawyer before you make any major decisions.

What is sperm donation?

Basically, sperm donation occurs when a man donates his sperm to another couple so that they can have a child. Usually, this is done through sperm banks or other medical institutions, but it doesn’t have to be.

There have been cases in the past where people have donated their sperm to friends or acquaintances knowingly, allowing them to have a child.

Situations like this cause the most controversy when the question of parental rights and responsibilities comes up, so it’s important to speak to family lawyers so that you are aware of the legalities if you’re considering donating sperm.

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Hire a Lawyer
Mar 19

Why Risk Unfair Legal Results?

Seeking Competent Legal Guidance can help you Secure your Rights Under Law

While every divorce is different with regard to circumstances, requirements and complexity, very few are settled easily and quickly with family dispute mediation. As top divorce law lawyers will tell you, cases that involve significant properties, assets, investments etc are usually more complicated and take longer to resolve. Common assets like cars, furniture and debt etc are often distributed among the couple and the matter is resolved fairly quickly. However, the truth is that most divorces are not quite that simple; couples often own joint properties, vacation homes, a number of vehicles including boats, assets including jewellery or shares and then there are minor children involved. In such cases, it’s very important to hire a lawyer who can help you devise a consistent and beneficial custody arrangement. If your spouse has engaged an aggressive lawyer, you may need to consider hiring counsel who is committed to working towards your welfare.

Unfair or unequitable results arise when one spouse is unaware of his or her rightful share under law and fails to seek legal guidance in the process. While legal advice is always a good idea, it is even more important when one party is less educated or less well-off compared to the other. You should not miss out on the legal right to your share of the properties, monies or custodial rights due to ignorance of prevalent laws. Reliable and professional lawyers will be happy to update you on all the available options and will also explain the terms, conditions and legalities contained in documents and petitions.

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Estate-Planning
Feb 10

The Importance of Estate Planning

Most lawyers you would find on a lawyer’s list would tell you that if you have any assets, it is essential to start estate planning as soon as possible so that you can work out the how and where of distributing your estate in the future. It is not all about making a will either. Sometimes as a person ages they become unable to administer their estate due to mental problems from dementia or having a stroke. Family lawyers are the people to consult if you want to ensure your assets are distributed according to your wishes.

Estate planning will help you to not only state your wishes regarding the distribution of your assets after you pass away, it will help you to avoid unnecessary tax, something that most people want to do. It will make the division of assets much easier and enable you to avoid paying the court costs inherent in the judicial system deciding who should get your estate if you haven’t make your wishes known.

It will also ensure your heirs get the assets they deserve as quickly as possible. If you die intestate – without a will or any other estate planning – the proceeds can take many months or longer to be finalised. Even then, they may not be passed on the way you would wish them to be. Estate planning will give you peace of mind that your wishes will be taken into account both before and after your passing.

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Best-Lawyer
Jan 17

How to Choose the Best Lawyer for Your Business

Choosing a business lawyer along with an experienced digital agency is an important first step to starting a business, but even if your business is up and running, it is still necessary to get legal advice.   Every business is likely to need legal help with things such as contracts, leases, protecting you from copyright infringements and many other things. Even if you think you understand everything needed, it is not likely you would have a full understanding unless you are a solicitor yourself.

It is important to choose the best lawyer for your business, so here are some tips to help you.

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business-structures
Jun 28

Different Types of Business Structures

If you have plans to start up a business, it is wise to consult with commercial lawyers first, because there are many things to consider and decide on. You can’t just go into business without first making sure it is done legally.  One of the first things to decide is what type of business structure you will have for your business. Here are some of the main types: –

  • Sole Trader. This is perhaps the easiest type of business to set up and as the name suggests, and may be suitable for a small carpet cleaning operation like Brilliance Carpet Cleaning Perth or something similar with only one person involved. You won’t have a partner or a company structure as such, however you will need an Australian Business Number (ABN). You may also need a business name and a trademark, both registered. A sole trader has full control over every aspect of the business, owning all the profits and all the debts.
  • A partnership is also a relatively simple way to set up your business. Typically it will involve two or more people who are co-owners in the business. As such, they all share responsibility for profits and debts. The co-owners can act on behalf of each other in running the business. A written agreement is an essential component of this type of business, to ensure each partner understands their responsibilities. The ABN and other components similar to the Sole Trader are needed and if there is a silent partner, limited partnership formation is required.

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business-consultancy
Oct 18

Where to get Business Consultancy Advice

No matter what kind of business you have lawyers & solicitors are some of the main professionals to get advice from. They can not only offer advice, but help you a great deal in making sure all parts of your business are worked out correctly.  Drawing up the lease is a good example; if this is not done properly it can end up being quite unsuitable for you, or cost you more money than it should.

If you don’t know what should be in a lease, don’t leave it up to the landlord to tell you. There are many clauses that can be added to protect you from things such as the rent being increased by too much in the future through to what happens if you need to sell your business before the lease is up. Don’t leave these things to chance. It is up to you as a businessperson to seek good legal advice on this and other matters.

Legal advice for a business includes, but is not limited to, such things as –

  • Corporate formation
  • Entity choice
  • Operating agreements and corporate governance
  • Contract evaluation and analysis
  • Regulatory compliance
  • Financing
  • Litigation
  • Mergers, acquisitions and asset purchases

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estate-planning
Nov 16

What Effective Estate Planning Accomplishes

Many people think that estate planning is simply making a Will, but there is much more to it than that. In fact, if you are considering estate planning – and everyone should – it is wise to get advice from lawyers & solicitors who are knowledgeable about the topic and can help you in many ways.

Effective estate planning accomplishes a great deal: –

  • It will ensure that your assets are delivered to the people you choose to have them. By ensuring that you’re Will is made early on and updated to reflect any change in your lifestyle, the people you choose to inherit your assets will be sure to get them.
  • It will maximise the value of your assets after tax. When you have legal advice, you can minimise tax legally and this means your heirs will not lose money they should have.

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conveyancer-vs-lawyer
Sep 17

Conveyancer vs. Lawyer to do Your Conveyancing

When you purchase a business or sell one, you need to have certain things done legally. While it can be possible to do it yourself, according to experienced lawyers you stand to lose out in some way without the benefit of advice from lawyers & solicitors or a professional conveyancer who is legally trained in the job.

For a start, if you are working business hours what time will you have to do all the things that must be done in business hours? Having a professional do all the legwork necessary can only be a blessing.

So, which should you get; conveyancer or lawyer? Contrary to what many people think, it is not necessarily cheaper to use a conveyancer instead of a solicitor. Each one has their own fee structure. Some may work for themselves and so possibly charge less, while others work for a large firm and must charge what is dictated by the board of the company that employs them.

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property-settlement
Apr 2

What to Know about Property Settlement

If you have bought a home or any other property, settlement or conveyancing is that time when the contracts have been exchanged and a date set for when you can move in. This is usually 42 days after the contracts have been signed, but it can vary, depending on the circumstances. For instance, if the property is vacant, the seller may agree that you can move in sooner.

Or in some cases the settlement date may not be convenient to you for some reason. In this case, you need to discuss the matter with your solicitor/conveyancer on the day you sign the contract. Once the contracts are exchanged, it is too late to change the date of settlement. However, most contracts have a clause stating that if there is a delay in settlement that is not the seller’s fault, you will have to pay interest as compensation for them not getting their money.

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estate-planning
Aug 18

Why Estate Planning Advice is Important

If you have any kind of possessions, even if it is only a house and car, it is important to get estate planning advice and the best people to give it are lawyers, since they know all about the legal aspects and what can be done. People with many assets or a business see the need for estate planning, but often those with fewer assets don’t bother with it.

This is a mistake, because estate planning also includes making a Will and if you don’t have one when you die, your estate may not go to your preferred heirs. In fact, if you only have a house, most of the value could well be taken up with the court costs and fees that will be incurred to settle the estate. So your children or spouse could end up with next to nothing.

Having a Will can also prevent bad feeling amongst the family that is likely when each one vies for their share – or decides that they should get the most assets. Estate planning will also reduce the tax that must be paid and it can provide for children who are under age or who you don’t trust to handle a large amount of money wisely. This will be in the form of a trust that can pay out small amounts or keep it all until they become more mature at a certain age that you can specify.

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leasing-business-premises
Mar 5

9 Points to Consider When Leasing Business Premises

Leasing business premises should never be done without consulting with your lawyers & solicitors, otherwise you could end up paying a lot more than you need. Professional legal help to go through the lease contract will ensure that all is above board and the landlord is not trying to pass some of his costs on to you. Sadly, not everyone is honest and some people maintain that it is up to the lessee to read the contract if they don’t want to be caught. And that is true to a great extent.

Here are 9 points to consider when leasing business premises.

  • Rent is usually set by the measurement of the area. You need to know if the wall thicknesses, restrooms, elevators and other common areas are included in the price.

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business-sales
Aug 28

10 Tips for Business Sales Success

If you are in business you will know the importance of making a sale whether that is of goods or a service. Lawyers and solicitors can offer legal advice on the legal aspects of your business, so you might not think they would know much about sales, yet they are in business too; the business of giving legal advice, but that is still a business. So they may well have been able to help you out with some tips.

However, here are 10 tips for business sales success that you may not have tried yet.

  • During prime business hours decision makers are usually really busy. So make your calls to prospects outside of those hours. Try 8am before the frantic rush starts or 6pm when it has wound down and your decision maker is more relaxed.
  • Leave voice messages at night because they will be the first thing your prospect listens to in the morning, maybe even before they get to work.
  • Speak in terms of benefits to the sales prospect, not the features of the product. They are more interested in what it will do for them than just what it does.

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recognise-sexual-harassment
Jan 15

How to Recognise Sexual Harassment In the Workplace

Sexual harassment in the workplace can cause the victim stress and interfere with the enjoyment of their work. It can even make them feel worried and unhappy out of work hours so it must be addressed, but first, it has to be recognised before you think about talking to lawyers. Not everyone understands that it can happen to a person even when the perpetrator is not in the same room. How?

Sexual harassment can be done through sending inappropriate email, text messages and/or images to the victim, or it can be done by phone. Here are other ways to recognise it.

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conveyancing
Jan 12

Why a Lawyer Should Do Your Conveyancing

If you have bought or sold a business or a property you will know that exchanging the contracts is not the end of the matter. Settlement only happens when the money is paid into the seller’s account, but there are certain things that must be done first and these are part of the conveyancing process. It is wise to get conveyancing legal advice to take care of this because there is quite a lot involved in it.

The time between the contracts being exchanged and the money being paid is put to good use in doing searches to ensure several things: –

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