Commercial Law

Assert Your Rights: Commercial Litigation can Help Protect Your Interests in Business

By on Saturday, July 9, 2016
Commercial Litigation

Commercial litigation could involve several different types of disputes in the world of business. Asking for the assistance of competent commercial lawyers can help you protect your interests and assert your rights. Formal business agreements or governing documents go a long way in minimising the likelihood of confusion and stress. Business agreements help impart structure to commercial relationships and set out procedures to be followed in the event of disputes etc. The governing documents provide excellent guidelines for different situations.

Business contracts help specify the issues that had been agreed between the shareholders, directors and partners and so on. Such agreements also help provide clarity by mentioning timeframes, payment schedules, rights and responsibilities. All those who have a controlling stake in the business have a precise record of what they agreed to and in addition, the agreement will also spell out the conditions if you wish to make an exit. Most importantly, a legal business agreement is a document that is recognised by Australian law and courts.

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Property Law

Anxious Regarding a Property Dispute? You Should Know Your Rights

By on Sunday, February 7, 2016
Property Dispute

Property disputes may occur in various settings and scenarios. Property lawyers can help you obtain your fair share and assert your rights. For example, property disputes could involve disagreements with neighbours over trees and fencing or you could face a property dispute with a divorced spouse or partner. As a matter of fact, it’s very common for people to have disputes over trees and fencing. Disputes over trees and fences may be caused due to leaves from the overhanging tree may clog gutters or fall into a pool.

There may be increased risk of overhanging branches falling on a person or a child and causing injuries and accidents. Falling branches may also cause damage to property. Disputes could also arise regarding the sharing of costs for building and upkeep of fence. Other disagreements could arise regarding the height and type of fence.

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Criminal Law

Need Assistance with Traffic Infringement Notice?

By on Friday, August 7, 2015
Traffic Infringement Notice

Competent Legal Counsel can provide Guidance

Traffic infringements occur when an individual is found to perform an action that contravenes traffic laws or regulations. Reliable criminal lawyers can help guide and assist you if you are served with penalty notices and so on. Traffic offences that are considered minor are not associated with the penalty imprisonment. If you commit a minor traffic offence, you are issued with what is known as a TIN or Traffic Infringement notice. Such offences require an expiation fee to be paid within twenty-eight days of committing the offence and are resolved in the court. Once the offender pays the expiation fee, he or she is no longer liable for any further prosecution for that specific offence.

In case, the offender fails to pay the expiation fee, they will be served with a reminder notice where an additional fee will be added to the original expiation fee. However, under hardship conditions (if the offender is genuinely found to be in difficult financial conditions), the court may allow one or more of the following payment arrangements to be implemented:

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Wills

Thinking of Making Out Your Will? The Right Way to Leave Property in a Will

By on Sunday, January 4, 2015
Leave Property in a Will

A Will is a legal document that specifies the way in which your assets disposed off after you die. Competent Wills lawyers like Perth Wills Lawyers can help you prepare a watertight Will that contains comprehensive and clear instructions regarding disposal of assets and the beneficiaries. A Will also contains information regarding the person(s) or organisation that will execute your Will in the aftermath of your death.

There are two main ways in which property can be disposed off in a Will: Right to Reside and Life Interest. Both these terms are explained below.

Right to Reside

In this case, the beneficiary is usually allowed to live at the premises until his or her death. In certain cases, the beneficiary may be allowed to live on the property for a specified amount of time. The beneficiary may also be expected to pay for upkeep and maintenance. All this information will be clearly stated in the Will.

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Family Law

Are High Costs of Divorce Making you Nervous? Explore less Expensive Alternatives

By on Wednesday, September 24, 2014
Costs of Divorce

Divorce is a difficult experience for men and women, financially and mentally. Top family lawyers Family Lawyers Perth suggest that in addition to being emotionally stressful, divorce proceedings are typically driven by negativity, resentment and anger as opposed to reliable judgment and rational decision-making. Failure to agree on issues and acrimonious interactions result in lengthy, costly and tense court battles that seem to drag on forever.

Bitter and caustic divorces have a long-term impact on your financial health and couples may experience the adverse consequences long after the legal battle is over. High lawyer fees, steep court costs and other expenses result will make a huge dent in your hard-earned money. However, the good news is that divorcing couples need not undergo such stressful and prolonged legal proceedings. By adopting a synergistic and collaborative approach, they can resolve their issues, work out settlements to mutual satisfaction and move on with their lives.

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Criminal Law

Stressed over Allegations of Insider Trading or Securities Fraud

By on Sunday, April 20, 2014
white-collared-crime

Get Able Assistance from Qualified Lawyers

The term white-collared crime can be used to describe a wide variety of offences. By seeking the assistance of certified criminal lawyers, you can effectively defend yourself and assert your rights. In general, white collared offences are not criminal in nature and do not involve violence; they are usually committed for financial gain though fraud or deceit. Also, white-collared crime is usually (but not always) committed against organisations or companies. There has been a lot of debate recently about increasing the penalties against white-collared crime.

Different types of white-collared offences are listed below:

  • Insider trading: This type of fraud carries the most severe penalty for white-collared crime in Australia. The Australian Securities and Investment Commission (ASIC) can levy penalty costs upto $ 450,000 and/or imprisonment upto 10 years.

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Family Law

Experiencing Difficulties in Following Parenting Orders?

By on Thursday, October 17, 2013
Parenting Order

Make a Legal Request to change Parenting Orders

In the eyes of Australian law, all individuals under the age of 18 are considered children and they must be cared for by parents regardless of extraneous circumstances affecting their relationship. If you seek legal guidance, top family lawyers will explain that parenting orders are issued by the Family Court and are intended to ensure the welfare of the child. Whether parents remarry, divorce or separate, they are legally obliged to care for their child in accordance with the parenting orders provided by the court.

The Family Court will usually issue parenting orders after the parties reach an agreement or after a court trial or hearing. Once parenting orders are issued, all parties affected by the order (parents, caregivers and so on) are legally obligated to follow the guidelines and recommendations.

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Family Law

Divorce is Often Stressful and Traumatic: Taking Precautionary Measures can Help Ease out the Process

By on Saturday, April 20, 2013
Precautionary Measures

For most of us, the decision to end a relationship is often a life transition point. Reputed firms such as Family Lawyers Perth can provide valuable advice regarding potential problems and pitfalls. It’s always a good idea to take simple steps and precautions to ensure that divorce proceedings are simple, straightforward and quick. Lengthy divorce hearings, stressful interactions and prolonged court ordeals result in worry and anxiety and may affect not only you but also other loved ones in your family. Resolving financial issues and protecting your rightful property and assets can help you move on to lead a fulfilling and happy life. Feelings of rejection, anger and resentment may prevent us from making positive decisions.

The most important thing is to ensure that your financial assets are protected. Although, this may not seem important to you at the time, having free access to your rightful monies may prove invaluable down the line. The following list describes some important things that you may wish to do in order to ease the difficult process of divorce.

  • First, make a detailed list of all your assets. Separate this list into assets under your name, assets under your partner’s name and assets held jointly.

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Legal Advice

I am David Mytton

By on Saturday, February 10, 2007
Legal Advice

In August last year I set up this to allow me to blog under a new persona about law without worrying about discussing topics that might offend the readers of my main blog (who are mostly my customers). I created a new identity called Wilbur Parry, based on the character Will Parry from the His Dark Materials Trilogy (Will is also the name of two of my best friends, but that’s not really relevant).

One true aspect of my identity is that I was a law student. I have since decided to take a gap year and shall be restarting my course at a different university (Birmingham) this year.

I wrote a fair number of posts on the site and I managed to generate a decent number of visits (1,820 visitors and 3,063 pageviews). It got listed in the Blawg Review – #78 was hosted by Human Law – and is linked to from quite a few legal blogs.

That experiment is now over. I have just finished merging most of the posts into mytton.net and you can read them under the Law category.

Thanks for reading!

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Legal Advice

…meanwhile, 95 years later

By on Tuesday, November 28, 2006
copyright

When you create something in artistic format such as a piece of writing or music, you automatically get protection to use that creation how you wish without anyone necessarily being able to use it without your permission. This protection is known as copyright and allows the author to exploit their hard work and try and make money from it. The format that you create the piece of work determines how long the protection lasts for – it is not forever – and this duration has been at the heart of some quite strong discussion recently.

Looking specifically at music, to quote the Patent Office website:

Copyright exists in your original music composition or score for your life plus 70 years from the end of the year of your death. The same length of time applies for the lyrics, whereas the sound recording only lasts for 50 years from the end of the year in which it was made or, if published in this time, 50 years from the end of the year of publication. If not published during that 50 year period, but it is played in public or communicated to the public during that period, then copyright will last for 50 years from when this happens.

A socialist might ask why is there a duration at all whilst a capitalist would ask why is it not longer? The two extremes, whilst not really a fair description of the representatives of the two sides of the argument, do allow some form of reasoning to be applied to a) why there is a duration at all and b) why the number of years is set as it is.

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