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PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country WILL MY CRIMINAL MATTER AFFECT MY VISA? RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order HOW DO BRIDGING VISAS WORK? Bridging Visa B subclass 020 (BVB) A Bridging Visa B or BVB is a bridging visa which grants the holder a right to travel. Bridging Visas B come with a ‘travel authority’ and ‘travel period’ which means you have permission to travel outside Australia and return, provided it is within the period of time stated on thebridging visa grant
DEPORTATION & REMOVAL FROM AUSTRALIA There are two ways that a person can be forcibly removed from Australia: Deportation and Removal. Deportation requires a specific deportation order made under section 206 of the Migration Act 1958 (Cth) and it is used in relation to Australian permanent residents only. Removal is an automatic process of those held in immigration detention and does not require any specific order to be made.STEPPARENT ADOPTION
Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975). Adoption permanently severs the legal relationship between a SOLE CUSTODY? HOW DO I GET AN ORDER FOR MY CHILDREN? Go To Court Lawyers have a team of Family Law experts ready to advise and assist with the application for a sole custody order and all subsequent implementation processes. Call the Go To Court Lawyers Family Law Team on 1300.636.846 as soon as possible and make an appointment to get any custody issues dealt with in a professional,family
WHAT IS PROCEDURAL FAIRNESS? Procedural fairness means fairness in the procedures followed when arriving at an administrative decision. It is a principle that is fundamental to the administration of justice and a person can file an appeal and get a decision overturned on the basis that procedural fairness was not observed. HACKED BUSINESS EMAILS, WHO IS LIABLE? THE CLIENT OR THE To hold the client liable for a Business’ failure to guard against their own access to email addresses, would be unjust. That said, there is yet to be a test case within Australia, of this particular nature. In either scenario, hacking and phishing scams are offences under the Cybercrime Act 2001 (Cwlth). There is near uniformity with respect TOOWOOMBA CRIMINAL LAWYERS If you’ve been charged with a criminal offence, or believe you are about to be charged, you need good criminal law advice ASAP!. Our Toowoomba Lawyers are local, expert and affordable. We specialise in all areas of criminal law in QLD, including:. serious traffic charges such as dangerous driving; HONEST AND REASONABLE MISTAKE OF FACT (NSW) The defence of honest and reasonable mistake can be raised when the accused is charged with a strict liability offence. If the accused had an honest and genuine reason to believe that they were acting lawfully when they committed the offence, and if they would not have acted as they did had they known they were committing an offence, then thedefence succeeds.
BINDING FINANCIAL AGREEMENTS VS CONSENT ORDERS When parties finalise their financial relationship after a separation, a question arises as to the most appropriate method to achieve a fair settlement. Consideration should be given to the advantages and disadvantages of consent orders made by a court and Binding FinancialAgreements made
DEPORTATIONS OF NZ CITIZENS In the last five years, around 1500 New Zealand citizens have been deported from Australia after committing criminal offences in Australia. The number of deportations of NZ citizens increased sharply after the Migration Act was amended in 2014, giving the minister broader powers to cancel visas and amending the character test. GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. WILL MY CRIMINAL MATTER AFFECT MY VISA? ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. WILL MY CRIMINAL MATTER AFFECT MY VISA? ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order HOW DO BRIDGING VISAS WORK? Bridging Visa B subclass 020 (BVB) A Bridging Visa B or BVB is a bridging visa which grants the holder a right to travel. Bridging Visas B come with a ‘travel authority’ and ‘travel period’ which means you have permission to travel outside Australia and return, provided it is within the period of time stated on thebridging visa grant
DEPORTATION & REMOVAL FROM AUSTRALIA There are two ways that a person can be forcibly removed from Australia: Deportation and Removal. Deportation requires a specific deportation order made under section 206 of the Migration Act 1958 (Cth) and it is used in relation to Australian permanent residents only. Removal is an automatic process of those held in immigration detention and does not require any specific order to be made.STEPPARENT ADOPTION
Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975). Adoption permanently severs the legal relationship between a ARE CHILDREN BORN IN AUSTRALIA CITIZENS? Prior to 1986, all babies born in Australia automatically became Australian citizens. Today, when a child is born in Australia to parents who are non-citizens, the immigration status of the child depends on the type of visa or status that the parents hold. WHAT IS PROCEDURAL FAIRNESS? Procedural fairness means fairness in the procedures followed when arriving at an administrative decision. It is a principle that is fundamental to the administration of justice and a person can file an appeal and get a decision overturned on the basis that procedural fairness was not observed. HACKED BUSINESS EMAILS, WHO IS LIABLE? THE CLIENT OR THE To hold the client liable for a Business’ failure to guard against their own access to email addresses, would be unjust. That said, there is yet to be a test case within Australia, of this particular nature. In either scenario, hacking and phishing scams are offences under the Cybercrime Act 2001 (Cwlth). There is near uniformity with respect CAN YOU SELL A TENANTED PROPERTY? (QLD) If the landlord decides to sell a tenanted property, the landlord must: obtain written consent from the tenant prior to holding an open-for-inspection or on-site auction and prior to displaying photos of the property in their possession. ensure the tenant retains quietenjoyment of
DEPORTATIONS OF NZ CITIZENS In the last five years, around 1500 New Zealand citizens have been deported from Australia after committing criminal offences in Australia. The number of deportations of NZ citizens increased sharply after the Migration Act was amended in 2014, giving the minister broader powers to cancel visas and amending the character test. PARRAMATTA TRAFFIC LAWYERS Our team of traffic lawyers are experienced, professional, and skilled at providing expert legal advice. We can help you achieve the best possible result from a bad situation. assisting with applications for bail. Call our expert team today at 1300 636 846 and find a lawyer in TOOWOOMBA CRIMINAL LAWYERS If you’ve been charged with a criminal offence, or believe you are about to be charged, you need good criminal law advice ASAP!. Our Toowoomba Lawyers are local, expert and affordable. We specialise in all areas of criminal law in QLD, including:. serious traffic charges such as dangerous driving; GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. WILL MY CRIMINAL MATTER AFFECT MY VISA? ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. WILL MY CRIMINAL MATTER AFFECT MY VISA? ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTS RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. HOW DOES A DVPO AFFECT MY WEAPONS LICENCE If a licence holder is the respondent in a temporary protection order, their gun licence is suspended for the period the order is in force (Weapons Act, Section 27A). If a final protection order is made against the holder of a weapons licence, the licence is revoked (Weapons Act, Section 28A). DVPOs remain in force for a period of 5years
DEPORTATIONS OF NZ CITIZENS HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order HOW DO BRIDGING VISAS WORK? Bridging Visa B subclass 020 (BVB) A Bridging Visa B or BVB is a bridging visa which grants the holder a right to travel. Bridging Visas B come with a ‘travel authority’ and ‘travel period’ which means you have permission to travel outside Australia and return, provided it is within the period of time stated on thebridging visa grant
DEPORTATION & REMOVAL FROM AUSTRALIA There are two ways that a person can be forcibly removed from Australia: Deportation and Removal. Deportation requires a specific deportation order made under section 206 of the Migration Act 1958 (Cth) and it is used in relation to Australian permanent residents only. Removal is an automatic process of those held in immigration detention and does not require any specific order to be made.STEPPARENT ADOPTION
Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975). Adoption permanently severs the legal relationship between a ARE CHILDREN BORN IN AUSTRALIA CITIZENS? Prior to 1986, all babies born in Australia automatically became Australian citizens. Today, when a child is born in Australia to parents who are non-citizens, the immigration status of the child depends on the type of visa or status that the parents hold. WHAT IS PROCEDURAL FAIRNESS? Procedural fairness means fairness in the procedures followed when arriving at an administrative decision. It is a principle that is fundamental to the administration of justice and a person can file an appeal and get a decision overturned on the basis that procedural fairness was not observed. HACKED BUSINESS EMAILS, WHO IS LIABLE? THE CLIENT OR THE To hold the client liable for a Business’ failure to guard against their own access to email addresses, would be unjust. That said, there is yet to be a test case within Australia, of this particular nature. In either scenario, hacking and phishing scams are offences under the Cybercrime Act 2001 (Cwlth). There is near uniformity with respect CAN YOU SELL A TENANTED PROPERTY? (QLD) If the landlord decides to sell a tenanted property, the landlord must: obtain written consent from the tenant prior to holding an open-for-inspection or on-site auction and prior to displaying photos of the property in their possession. ensure the tenant retains quietenjoyment of
DEPORTATIONS OF NZ CITIZENS In the last five years, around 1500 New Zealand citizens have been deported from Australia after committing criminal offences in Australia. The number of deportations of NZ citizens increased sharply after the Migration Act was amended in 2014, giving the minister broader powers to cancel visas and amending the character test. PARRAMATTA TRAFFIC LAWYERS Our team of traffic lawyers are experienced, professional, and skilled at providing expert legal advice. We can help you achieve the best possible result from a bad situation. assisting with applications for bail. Call our expert team today at 1300 636 846 and find a lawyer in TOOWOOMBA CRIMINAL LAWYERS If you’ve been charged with a criminal offence, or believe you are about to be charged, you need good criminal law advice ASAP!. Our Toowoomba Lawyers are local, expert and affordable. We specialise in all areas of criminal law in QLD, including:. serious traffic charges such as dangerous driving; GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. TENANTS RIGHTS AND OBLIGATIONS IN QUEENSLAND The tenancy agreement will stipulate when the rent is payable each month. The tenant is responsible for ensuring the rent is paid on time, and must allow for bank transfer delays (if using Internet banking).. As tenant rights and obligations in Queensland are governed by law, legal consequences may follow if DEPORTATION & REMOVAL FROM AUSTRALIA PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTSSTEPPARENT ADOPTION
ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. ROBBERY OFFENCES (QLD) Robbery is a composite offence, meaning that it is both a property offence and a violent offence. A person commits robbery if they use or threaten violence immediately before or after stealing property. In Queensland, this offence is contained in Section 409 of the Criminal Code 1899. The Code also contains several other, less serious but DRUG TESTING IN PARENTING MATTERS Where there are allegations of drug abuse in a parenting matter, orders will often be made that the party submit to drug testing. Failing to comply with drug testing or returning a positive test result will generally result in reduced contact with children. RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. GO TO COURT LAWYERS. GET A GOOD LAWYER, FAST. Go To Court Lawyers. First Class Lawyers, Economy Rates. All Australian Courts. Call us on 1300 636 846 - Our Legal Hotline is open 7am-Midnight, 7 days. TENANTS RIGHTS AND OBLIGATIONS IN QUEENSLAND The tenancy agreement will stipulate when the rent is payable each month. The tenant is responsible for ensuring the rent is paid on time, and must allow for bank transfer delays (if using Internet banking).. As tenant rights and obligations in Queensland are governed by law, legal consequences may follow if DEPORTATION & REMOVAL FROM AUSTRALIA PERSONAL INJURY PAYOUTS AND PROPERTY SETTLEMENTSSTEPPARENT ADOPTION
ADVERSE POSSESSION (VIC) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis for a claimto title
EXECUTORS DUTIES AND OBLIGATIONS (VIC) An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will act jointly in the execution of their executors duties. ROBBERY OFFENCES (QLD) Robbery is a composite offence, meaning that it is both a property offence and a violent offence. A person commits robbery if they use or threaten violence immediately before or after stealing property. In Queensland, this offence is contained in Section 409 of the Criminal Code 1899. The Code also contains several other, less serious but DRUG TESTING IN PARENTING MATTERS Where there are allegations of drug abuse in a parenting matter, orders will often be made that the party submit to drug testing. Failing to comply with drug testing or returning a positive test result will generally result in reduced contact with children. RENTING WITH A PET (QLD) Australia has among the highest rates of pet ownership in the world, with 62% of households having a pet. There is, therefore, a very high demand for pet-friendly accommodation. However, in Queensland renting with a pet can be very difficult with only about 10% of rental properties allowing pets. FAMILY LAW ORDERS MADE OVERSEAS The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975.It’s not uncommon for adults migrating to Australia or returning from a country ENFORCING A JUDGMENT QLD Enforcing a judgment in Queensland means that, where a Court or Tribunal has ordered the payment of a debt (in a judgment) and the other party has not complied with its terms, the judgment may be enforced, but it must first be registered at the court. Judgments made in a federal or interstate court can be registered in Queensland ifthe person
VICARIOUS LIABILITY OF EMPLOYERS An employee is part of an employer’s business; a contractor is running their own business. There are different tax and superannuation requirements for employees and contractors, and importantly, employers have vicarious liability for their employees' actions. HONEST AND REASONABLE MISTAKE OF FACT In Australia, there are three types of criminal offences and these are mens rea offences, absolute liability offences and strict liability offences. The defence of honest and reasonable mistake of fact is a legal defence to any strict liability offence. HOW TO MAKE A WILL IN TASMANIA It is up to you to decide who to name as a beneficiary in your will. However, if you do not nominate certain kinds of relatives in your will (e.g. your spouse or your child) as a beneficiary, they may apply to the Supreme Court of Tasmania for an order that a part of your assets be set aside for their maintenance. The rules for how such an order is made, and who can apply for such an order CHANGES TO COMMITTAL PROCEEDINGS (NSW) The Criminal Procedure Act 1986 (NSW) was amended in April 2018 so that committal hearings no longer exist. In New South Wales, committal hearings have now been replaced with the new processes of charge certification and case conferencing. Under the new system, a senior prosecutor reviews the evidence and confirms which charges willproceed.
WHAT IS SEXUAL HARASSMENT? (NSW) Sexual harassment is when a person makes an unwanted sexual advance or an unwelcome request for sexual favours or any other unwelcome conduct of a sexual nature to another person in circumstances where a reasonable person in the circumstances would have anticipated the possibility that the second person would feel offended, humiliated orintimidated.
STEALING BY FINDING: IS ‘FINDERS KEEPERS’ A CRIME? (NSW The maximum penalty for this offence is five years imprisonment if dealt with in the District Court, and two years imprisonment if dealt with in the Local Court. This offence will almost always be dealt with in the Local Court. If a person is found guilty of stealing by finding, the court can impose a range of other penalties including HACKED BUSINESS EMAILS, WHO IS LIABLE? THE CLIENT OR THE To hold the client liable for a Business’ failure to guard against their own access to email addresses, would be unjust. That said, there is yet to be a test case within Australia, of this particular nature. In either scenario, hacking and phishing scams are offences under the Cybercrime Act 2001 (Cwlth). There is near uniformity with respect COMMUNITY PROTECTION OFFENDER REGISTER TAS The law that deals with the Community Protection Offender Register in Tasmania is the Community Protection (Offender Reporting) Act 2005.The main purpose of the register is to: reduce the chances a person willre-offend
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7am to Midnight , 7 Days OR, have our lawyers CALL YOU Call me now Call me later Please call at this time GO TO COURT LAWYERS EXPERT, AFFORDABLE AUSTRALIAN LAWYERS Here’s why people select Go To Court Lawyers: Guaranteed availability, all Australian courts Simple, upfront rates - no hidden costs Lawyers selected based on their track record and expertise Expert advice and strong representation 223 AUSTRALIAN LOCATIONS Sylvie Maranis a Finalist in Women in Law Awards Go To Court Lawyers is proud to announce that one of our Legal Practice Directors, Sylvie Maranis, has been named a finalist in the Lawyers Weekly Women in Law Awards 2020 in the category of Wellness Advocate of the Year. Sylvie works in our Melbourne office, where she where she is responsible for overseeing the professional…Read more…
Security License Reassessments (Vic) In Victoria, a private security license authorizes a person to carry out security guard work, security guard training, bodyguarding, crowd control and investigator work. Private security licenses in Victoria are heavily regulated. There is a substantial number of obligations placed on license holders to ensure that they meet the required character and professional tests in…Read more…
Private Prosecutions (NSW) People generally associate criminal prosecutions with the police and the Department of Public Prosecutions. These agencies are responsible for the vast majority of prosecutions in New South Wales. However, under NSW legislation, any person can commence a prosecution by application to the registrar of the Local Court. When private individuals do so, these are known…Read more…
Reassessing a Working With Children Check (Vic) Many people have held a Working With Children check at some point in their life. This may have been for the purpose of volunteer work, community engagement or to be involved with a local sporting club. It may also have been a compulsory check for the purpose of paid employment. Many people adopt the ‘set…Read more…
Restitution Orders (Vic) In many circumstances, criminal offending will have a significant impact on other people. The impacts of crime on victims can be significant and diverse, and may include psychological and emotional harm, physical injury as well as financial loss.  This article deals with restitution orders, the purpose of which is to ensure thatvictims of crime…
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COVID-19 and Stand-Downs With over 600,000 jobs lost and over six million people on JobKeeper, the COVID-19 pandemic has had an enormous impact on the Australian economy. As a result, many businesses, small and large, have been faced with tough decisions pertaining to their employees. With businesses across various industries suffering substantial losses in revenue, many employers have…Read more…
Nuisance (Vic)
We often believe that anything that we find annoying is a nuisance. However, there is a difference between what we believe is annoying and what the courts define as a nuisance. Nuisance can be dealt with as a civil law issue and it can also be a criminal offence. At civil law,it is not…
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Arrest Without A Warrant (Vic) In Victoria, the power of arrest is governed by legislation. However, the common law still determines how a lawful arrest is required to be affected. In some circumstances, police must have a warrant to lawfully arrest a person. In other situations, it is lawful to arrest without a warrant. This article summarises the situations where…Read more…
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