Tag: legal

Legal advice
by Arifur Rahman

What Areas Can Benefit from Legal Advice?


Lifestyle

The law is an extremely complex web to navigate and untangle. It has to be so if it must accurately cover humans, a species that thrives on its irrationality and randomness! 

Some areas of law are so intricately detailed that you may not even know that you have rights in certain areas. For instance – did you know legal frameworks have the required material to help you gain compensation if a dog bites?

To understand such areas, especially when looking for a solution, legal advice is essential! In fact, this expertise can unearth areas such as:

Medical Malpractice

Medical malpractice occurs when a healthcare professional provides substandard care, leading to injury or harm. Proving medical malpractice requires demonstrating that the healthcare provider deviated from standard practices, resulting in injury. This process involves complex medical knowledge and legal procedures. A lawyer specializing in personal injury and consumer protection can gather evidence, work with medical experts, and navigate the legal system to ensure that victims receive fair compensation. 

Workplace Accidents

Workplace accidents can result in serious injuries, impacting a person’s ability to work and earn a livelihood. Workers’ compensation laws are designed to provide financial support for injured workers, but the process can be complicated and employers or insurers may dispute claims. Legal advice is essential in these cases to ensure that injured workers receive the full benefits they are entitled to. 

Dog Bites

Dog bites can cause severe physical and emotional trauma. In many jurisdictions, dog owners are liable for injuries caused by their pets. However, proving liability can be challenging, especially if the owner disputes the circumstances of the attack. A lawyer experienced in personal injury and animal attack cases can help victims by collecting evidence, negotiating with insurance companies, and representing them in court if necessary. 

Bicycle Accidents

Bicycle accidents often involve collisions with motor vehicles, which can lead to serious injuries due to the lack of protection for cyclists. Determining fault in bicycle accidents can be complex, involving traffic laws and accident reconstruction. Legal expertise is crucial in these cases to ensure that the rights of the injured cyclist are protected.

Lawyers can single-handedly turn the tide in any such case. Their understanding of law and associated frameworks drives research and evidence gathering – thus ensuring that you as a victim get the compensation that you deserve. No matter the type of occurrence, a skilled lawyer has got you covered!


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by James Adam

Chinese Drone Giant DJI Loses 150M in Employee Fraud


Technology

DJI, one of the top drone manufacturers in the industry, recently announced it fired some of the company employees after fraud cases that could cost the company millions of dollars if the information becomes public.

The company also stated it conducted an internal investigation and found that some employees inflated the cost of certain product materials and components for personal gain. DJI also made it clear that it contacted law enforcement regarding the incidents and that it would strengthen its internal controls. The matter now goes into the jurisdiction of the Shenzhen police, the city where the company is based.

SZ DJI Technology Co Ltd is the world’s largest drone maker and a privately-held company. According to its latest report, the company employed roughly 12,000 people at the end of 2018 and was planning on increasing its staff to 14,000 employees by the end of 2019.

Fraud: Legal Definitions

Legally speaking, fraud is considered the deliberate deception to achieve some gain or to deprive a victim of a legal right. The U.S. recognizes two main types of fraud: civil (in which case the victim sues the perpetrator directly to recover damages) and criminal (the government persecutes the perpetrator).

Furthermore, according to the U.S. Code of law, the perpetrator must fall within the following categories for an offense to be considered fraud:

  • Falsify, conceal, or cover up a material fact on purpose;
  • Make a materially false or fraudulent statement or representation;
  • Make use of any false document knowingly.

According to a specialty fraud attorney, the penalty is a fine and up to 5 years imprisonment in most cases. However, if the case of fraud also involves an act of international or domestic terrorism, the penalty increases dramatically.

But since the company in question is based in China, it falls under the jurisdiction of Chinese law, which has strict provisions and penalties for the criminal act of fraud. Critics note that although China has the legal framework to prosecute these crimes, they are not generally enforced.

Fraud in China

The Chinese government seems to tolerate, at least partially, the act of fraud among its companies. The Bank of China recently disclosed that it was collaborating with U.S. government to recover half a billion dollars embezzled by managers who ran to America, but experts believe this is only part of what’s currently happening in the Chinese market.

Legally, the Chinese legal framework establishes multiple offenses as fraud:

  • The unlawful raising of funds;
  • Using forged documents for financial gains;
  • Defrauding financial institutions;
  • Insurance fraud;
  • Credit card fraud.

If the police investigation conducted by the Shenzhen police finds the DJI employees guilty, they may be facing criminal prosecution by the Chinese government. The penalty itself will depend on how the authorities will interpret the seriousness of the crime. The company itself may also be facing prosecution if it is determined it has previous knowledge of the fraud.

But so far, the evidence seems to point in the other direction. The crimes were uncovered after DJI’s internal audit in 2018, after which it conducted an internal investigation and contacted the authorities. It is estimated that almost 100 people are involved, and 45 current and former employees have been put under official investigation.

The company loses are estimated at a CNY1 billion (roughly $150 million), which means those found guilty may be facing tens of years or even life in prison according to Chinese law. Moreover, depending on the circumstances of the cases, perpetrators can also have their property confiscated and face a fine.

Final Thoughts

China is no stranger to fraudulent cases, whether it’s conducted Chinese companies, or even international companies only based in the country. Given past examples, it’s difficult to predict how the case of DJI will play out, though it seems that at least from the company’s side, there are some measures taken to get to the bottom of thing

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by Incredible Planet Staff

AG vs. GmbH – an overview of Switzerland’s most popular business structures


Business

Although foreign investors, legal entities and entrepreneurs can opt for several business structures if they decide to incorporate in Switzerland, there are two types of companies that are the most popular, mainly due to the accessible legal requirements, relative short duration of the registration process and requirements regarding the minimum share capital.

These are the AG, better known the Swiss corporation and the GmbH, which has the structure of a private limited liability company. There are certain similarities, but also important differences between these business structures, therefore it’s advisable to make a detailed comparison regarding AG vs. GmbH.

Liabilities for AG vs. GmbH

When comparing an AG vs. GmbH, there are certain criteria that need to be taken into consideration, especially regarding the structure of these types of companies, governing bodies or their shareholders.

An AG has limited liability, which means that the shareholders are liable only to the extent of their contributions made to the capital. The shares of an AG can be transferred, as well as the company’s domicile to another Swiss canton, but taxation is based on the residency of its management.

The governing bodies of the Swiss AG are the general meeting of shareholders, the board of directors and the auditors – the company must be audited on regular basis by an independent and certified auditor. The setting up procedure takes between one to two weeks.

The GmbH has limited liability, so the shareholders are also liable only to the extent of their contributions made to the capital. Company shares are transferable, but the process is not as simple.

A GmbH can transfer its domicile from one canton to another, but taxation is based on the residency of the management. The governing bodies consist of the general meeting of shareholders/partners and the company’s management.

Depending on the availability of the document, the setting up procedure takes between one to two weeks.

Thus, by comparing the AG vs. GmbH from this point of view, the main advantage of the AG is that transfer of shares is much simplified, but on the other hand, there are auditing requirements.

Legal requirements for AG vs. GmbH

For an AG, the minimum share capital is 100,000 CHF, from which 20% – but at least 50,000 CHF – must be paid in upon incorporation. Bearer shares are allowed only if the share capital is fully paid in.

The company must have at least one shareholder and one director, but one of the company’s directors must be a Swiss resident. The AG must have a registered office in Switzerland.

For the GmbH, the minimum share capital is lower, only 20,000 CHF and there is no minimum sum that must be paid in. However, bearer shares are not allowed.

The company must have at least one shareholder and one director, with the provision that at least one of the company directors is a Swiss resident. The GmbH must also have a registered office in Switzerland.

The main difference between an AG vs. GmbH is the fact that the Swiss corporation requires a higher share capital, from which a minimum sum must be paid in, but bearer shares are allowed in the full capital is paid in.

Taxation of AG vs. GmbH

taxation of AG vs. GmbH

In terms of taxation, the two business structures are very similar. The corporate tax rate varies, depending on the Swiss canton where the company is registered, the worldwide income is used as an ordinary tax base and certain types of companies benefit from tax exemptions or tax privileges.

The withholding tax rates on dividends and interest are refundable, depending on the provisions of applicable double tax treaties.

Reporting and disclosure requirements

The beneficial owner of an AG is disclosed only to the bank for money laundering checks. The directors are listed in the public register of directors, but the shareholders may remain anonymous. Annual reports are required, as well as ordinary audits for larger companies that meet certain criteria.

The same reporting and requirements apply to the GmbH, with the difference that the GmbH’s shareholders are also listed into the public register of shareholders.

To sum it up, when doing a comparison of the AG vs. GmbH, the two business structures share many common features, but they are suitable for different business purposes, especially for companies operating in various jurisdictions.

by Incredible Planet Staff

Business Risks Your Start-Up Needs To Be Aware Of


Business

No matter how much you plan when it comes to setting up a start-up, there are always scenarios where your business could be at risk. The first year of the business is the most important and is often the tell-tale sign of whether or not the business is likely to be successful. Here, we’re taking a closer look at the business risks your start-up needs to be aware of, prior to setting up.

Financial Risks

One of the biggest and most obvious risks for a start-up is maintaining strong finances throughout the first year of business. While it is unlikely that your business will breakeven in the first year, due to the extensive amount of costs when initially starting up, making sure that you are able to cope with the additional pressures on the financial side of your business is important. It is important that you protect your business from any additional financial risk too, such as loss of income, or the possibility of legal fees due to an accident caused by your business’ activities.

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This is especially important for businesses who work around the public, where health and safety can be compromised due to the work you’re carrying out. Each business is able to take out a specific type of insurance, most suitable for them. For example, a cleaning company would be able to take out specific cleaner insurance, and an electrician would be able to take out unique tradesman insurance best suited for them. Make sure you are prepared for every scenario in order to help minimise business risk.

Market Risk

No matter what you’re looking to sell, whether a service or a product, the market risk is one of the biggest considerations. If the market is slowing down and people aren’t purchasing your products, then you will need to ensure that you have some form of a back up plan. Make sure you have thoroughly researched all of your market opportunities prior to setting up, as this will provide you with a gateway into seamless transactions. Even if your initial customers are consistently purchasing from you, keeping an eye on upcoming competitors will help to ensure that you maintain your slice of the market share.

Legal Risks

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Alongside the possibility of having to deal with a member of the public making a legal claim against your business, there are a number of other rules and regulations that you will need to take into consideration. These will vary from industry to industry, with construction businesses, all companies will have to register under the Construction Industry Scheme (CIS). In addition to this, there are various internal regulations when it comes to hiring staff that you will need to keep in mind, labelling requirements, advertising rules and much more. Health and safety regulations are subject to change on a frequent basis also, so make sure that you keep this in mind.

With so many risks to consider, having a business plan which is thorough, but also flexible in order to encompass the changing legal and market landscapes, will help to ensure that your business is prepared for any event in order to succeed.

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by Incredible Planet Staff

Hiring an Appellate Attorney – Everything You Should Know


Business

If you have decided to hire an appellate attorney, it means you have gone through trial and are not satisfied with the ruling delivered by the lower court. Now that you are thinking of making an appeal, you must go with a skilful appellate attorney. You need to hire an attorney who is well-versed in navigating through the legal waters in case of appeals. This is important because the right attorney can increase your chances of success. Here are a few things that you need to remember when hiring an appellate attorney.

Experience matters a lot

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Mastering the skills needed to become a polished appellate attorney takes time and experience. Leafing through documents for errors, carrying out thorough research, penning down persuasive briefs, and presenting effective arguments to judges are all part of an appellate attorney’s job. How well he or she carries out these tasks can make all the difference in a case. You need someone who is vastly experienced in handling appeals. So, experience should be the first criteria for your selecting an appellate attorney.

The appeal must be handled by the attorney

The appellate attorney you select must handle every aspect of your case. Remember that your attorney should be the one with whom you discuss the case details. Further, he or she should be the one to present the brief and argue your case in front of the judges. Sometimes it’s seen that some lawyers take up appeal cases and then refer them to their subordinates. Make sure that this doesn’t happen to you. Before hiring an appellate attorney, ensure that he or she will be handling your case until the end.

The attorney must have persuasive writing skills

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Appellate lawyers need to possess exceptional writing skills. A brief is regarded as the most important part of an appeal. An attorney writes a brief in order to state the facts related to the case and set forth the legal arguments. Based on the briefs, the judges decide if the request for verbal arguments will be entertained by the court or not. As such, it’s extremely important that the brief must be written persuasively and clearly. This means the writing skills of your appellate attorney has to be of excellent standards. So, be sure of this aspect before you hire your appellate attorney.

The attorney must be a refined orator

Presenting arguments in front of a jury in a lower court is vastly different from doing so in front of the judges’ panel in a higher court when handling an appeal. Unlike the trial courts, no examination or cross-examination of witnesses takes place in such courts. The appellate lawyers have to argue their case orally and provide satisfactory responses to the questions put forward by the judges. There is no hard and fast rule as to what sort of question a judge can ask your attorney. So, your attorney must be skilled enough to rise up to the occasion and respond in the best possible manner. As such, you need to hire an appellate attorney who is a refined orator.

by Incredible Planet Staff

Stop Putting It off! How to Know It’s Time to Get a Will


People

Due to their association with the inevitable, wills aren’t the most pleasant things to think about. People hardly want to even discuss them. However, it’s something that you’ll likely need to have eventually. After all, everybody dies. That’s sad to say, but that’s the prime reason why something this serious should never be put off. The sooner you get started on your will, the better. Here are a few points for you to consider so that you know it’s time to get a will.

Are You at Least 45 Years Old?

You may have heard the term, “You are now over the hill.” Basically, this means that you have reached the point where you have lived half your life already and are considered to be aging. You might be in denial about this and want to be only as old as you feel. However, as you advance in age, you need to think about the future seriously.

Even if you’re still relatively young (and nowhere close to being 45), you should make a will. We didn’t come to this earth with an expiration date, and so death can come when we least expect it, and so t’s a tremendous disservice to your heirs to avoid making a will.

Are You Prone to Illness?

As people age, their bodies get weaker. During this time, you’ll find yourself more prone to illnesses. Even if you recover from these, you should still be aware of your mortality. Take into account your recent medical history. Have you been going to the hospital frequently? Are you taking more time off work? Be honest with yourself about your health when realizing if you need a will.

You should also take into account your genetic history. Do you know what age your ancestors typically lived to? Do you know if any of them died from any diseases that you may be at risk of getting?

Do You Have an Heir?

If you have a child, it’s important that your will be in place soon after he or she is born. After all, if something were to happen to you, you’d want to have a say in who ended up raising your child. If you have multiple children, this is an especially important thing to consider. If you don’t have a relative or friend who can take in all of your kids, then you’d want to plan who went where ahead of time.

If your children are adults, then it would be best to divide your assets and not leave the decision making of who gets what for everybody to fight about after you pass.

Do You Have Many Assets

The depth of your will depends on how many heirs and assets you have. You might have a substantial net worth to divide. You might also have valuables such as cars to share. Take inventory of everything valuable you own. Assess the value and determine who it should go to. You should also be speaking to your executor as much as possible. Ask them for their best advice regarding the situation. It’s important to hire a professional, such as those with Penguin Insurance Services Inc, who has a thorough understanding of inheritance. Schedule a meeting between yourself, your heirs, and your executor before you pass.

There’s no such thing as starting a will too early. By beginning early, you can reduce anxieties about procrastination. Even if you don’t pass for decades, you’ll be glad you got your will now.

by Incredible Planet Staff

Preparing a respectable family court affidavit


Business

What is an affidavit?

An affidavit is a statement written by a party to the proceedings or a witness.

It is the most efficient way to present facts to a court.

There is limited time to give personal accounts of evidence in court.

Most evidence is provided by affidavit to allow a case to run efficiently and quickly.

Any affidavit you want to use in court to support your argument must be served on all other parties.

This means you will have to ensure that the other side and the Independent Children’s Lawyer will also get a copy of the affidavit.

This is only fair so that everyone knows about the facts of the case and what each side is arguing.

Whenever you file an application or a response to an application in an Australian Court, you will need to include an affidavit from the person who is filing the paperwork.

Both the Federal Circuit Court and the Family Court have blank affidavit forms on their websites that can be used by applicants and respondents.

Make sure you use the correct form depending on what court your proceedings are in.

Preparing your own affidavit

You are able to write your own affidavit, however we recommend that you use a family lawyer Sydney to help.

If you are a low income earner, you may be eligible to receive funding for your case from Legal Aid.

If you call the court, the staff can assist with questions about the various court forms and the court process, however they cannot provide legal advice.

You must ensure that your affidavit is typed clearly and printed on one side of the page.

The affidavit should be divided into paragraphs that are numbered and are easy to reference.

Try to put between 15 to 80 words in each paragraph so that it is easy to read and reference.

You can include separate headings throughout the affidavit to make it more structured and easier for the reader; for example, you may put a heading like ‘Short history of our relationship’ or ‘Post separation contributions’.

Try to make it as logical and sequential as possible.

What should I put in my affidavit?

You should include recounts of all incidence that you feel are relevant to your case.

The most important thing you need to remember when drafting your affidavit is how what you are saying is relevant to support the orders you have asked the Court to make.

You must provide reasons to convince the court as to why they should make the orders that you have requested from them from either your initiating application or your response.

This means that your affidavit will need to be at least a few pages long.

You do not need to produce a history of your life for the court to read. It is a careful art being able to decipher what to include and what to exclude from an affidavit, so do your best to constantly place yourself in the judge’s shoes and consider what is relevant to what you are asking.

What should I avoid putting in my affidavit?

You should avoid sentences that are opinionated or lack any basis.

For example, you should not make a statement like “I believe that my house is worth $500,000 because the Sydney property market is doing well.”

You are not a licensed real estate valuer, so your opinion to the court is not relevant.

You could state something to the effect of “On 22 March 2017, I engaged a licensed real estate valuer to value my house. Attached is a copy of the report by the valuer. The report states that the house is worth $500,000.”

You should avoid mentioning facts that you have heard from other people.

This is referred to as ‘hearsay’.

For example, refrain from writing a sentence to the effect of “I heard from my brother-in-law that my spouse smoked marijuana on new years eve.”

There are, however, exceptions to the hearsay rule.

If there are special circumstances, a court may grant leave and allow you to include information that was hearsay.

Annexures

You should attach any documents that you refer to in your affidavit to the back of your affidavit. These are called annexures.

For example, you may want to annex a copy of a contract of sale of property to prove to the court that a property was sold for a certain amount.

All annexures should be referenced in sequential order by a letter.

Your first annexure should be called Annexure A and your second annexure should be called Annexure B and so forth.

Swearing an affidavit

The person making the affidavit must sign the bottom of each page in the presence of an authorised person, such as a lawyer or Justice of the Peace.

Every annexure must have the following statement on it:

This is the document referred to as Annexure [insert reference number] in the affidavit of [insert name of person making the affidavit], sworn/affirmed at [insert place] on [insert date] before me [authorised person to sign and provide name and qualification].

This needs to be signed at the same time as the main affidavit is signed.

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by Incredible Planet Staff

Tips To Help Get Through a Divorce


People

Going through a divorce is a really tough time in anyone’s life regardless of the circumstance. It signals the end of an era for those involved and results in significant changes in life, many of which had not and cannot be anticipated. Separating from a partner is a period of loss in many ways and it can be difficult to deal with.

It is important that the correct support structures and processes are put in place right from the start beginning with the decision to separate. Family and friends will be there to provide ongoing emotional and physical support, however the legal matters will also need to be dealt with accordingly.

Hiring one of the best divorce lawyers in Sydney is a great step towards ensuring that the settlement is fair and representative of those involved.

There are two important steps in order to best overcome the challenges faced with a divorce; dealing with things on an emotional level and getting the legal side of things right. This manages to deal with the tangible and intangible factors that arise throughout this tough period and help to maintain a stable environment for the individual and those around them.

Dealing with things emotionally

The emotion of the separation is likely to be pretty hard hitting, especially if it has been a long relationship and even more so when children are involved. As is often the case, family and friends are going to be extremely willing to offer support in such a difficult time.

However, the important thing to identify is that this period is about you and making your life better. As a result it is important to focus mostly on yourself.

Patience is the first step to maintaining sanity. Regardless of the quality of attorney and experience with change and overcoming challenges, it is going to take time for the divorce to be settled and to get over the emotional rollercoaster that it is. Accepting the hurt and sadness associated is important and there is no set time as to when anyone will get over this.

The next part is focusing on what can be controlled. A part of this comes down to hiring any of the best divorce lawyers in Sydney so that the legal side of things is under control and it then becomes about the individual and potentially the children. A continuing love for the children will help to take the mind off other things whilst it provides a great outlet of stress as it is a fun and joyful thing to be a part of.

Regardless, focusing on one’s self is the most important and controlling emotion, activity and decisions alone is a critical step. Taking back the freedom of personal decisions, without the need for compromise or consultation, should be viewed as a positive throughout this time.

Finally, surround yourself with people who are fully supportive of the situation and can empathise and sympathise with you. It is a challenging time and instilling the right support network is critical to maintaining sanity and being able to move on and recover as quickly as possible.

Getting the right lawyer

Identifying the right lawyer in such a stressful time can sometimes be a challenge. However, there are a few simple things that should be looked out for when choosing the divorce attorney that is going to represent you.

The first thing is clear communication. The chosen attorney must be willing to lay down the facts as they are and not be afraid to explain all of the proceedings of the case. Having a clear understanding of the situation can be reassuring for those separating from a long term partner.

Additionally, constant communication that reassures, sympathises and empathises with the client makes for a better relationship and will likely improve two-way communication leading to a better outcome.

This leads into the next point about be a personable solicitor. In order to achieve success in the court room, having a good relationship with your lawyer is important.

The attorney needs to completely understand the situation, and even though it is their responsibility to take the lead, not holding anything back aids them in completing the job to the best of their ability. Forming more than a standard working relationship with the solicitor will help to improve the potential outcome of the case.

Lastly, one of divorce lawyers in Sydney will have extensive experience in divorce cases. Selecting a solicitor with this specific expertise will go a long way to achieving a successful outcome.

Additionally, it is likely to improve the clients experience as the attorney will be more competent at dealing with the information and best structuring the case. An experienced solicitor will be able to best handle the case and articulate the circumstances as they change.

Getting through a divorce is without doubt an incredible challenging experience. Taking the correct steps to build a solid support structure is critical to helping you maintain a sane mind and reducing stress levels. Hiring a trusted and well experienced attorney is also great in boosting confidence and taking away one area of responsibility so that it is easier to focus on yourself.

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by Incredible Planet Staff

10 Steps to Finding the Best Family Lawyer


People

Finding the best and most appropriate family law solicitors for you or your family is an important step to guaranteeing the best outcome in a range of challenging situations. Your family is important and so is their future so when legal issues need to be resolved, it is crucial that the right person is at the forefront of it.

Understanding what you are looking for and your own personal needs is one part of choosing the best solicitor. However, there are also some key areas that need to be comprehended in order to make an educated and well informed decision.

  1. Seek recommendations

As is the case with any specialist, people are likely to seek out a recommendation from family and friends. The same applies when it comes to a lawyer. Seeking recommendations will help to narrow down the options and identify the most suitable professional.

  1. Choose a law firm or lawyer who specialises in family law

Hiring a lawyer that specialises in family law will go a long way to achieving success. An attorney with a deep knowledge of the issues and experience in cases surrounding family law will be able to provide more help and guidance and likely achieve a better result.

  1. Look for a firm that provide multiple points of contact throughout the firm and have a strong knowledge of your matter(s)

It can be frustrating not having your questions answered when you need them to be because your lawyer is busy. A firm that provides multiple contact points ensures the client that any questions they may have are able to be answered quickly.

  1. Talk to the solicitor on the phone prior to meeting

A short phone call will provide a good overview as to whether the lawyer is going to be the right fit. Are you comfortable with their style and can they be easily understood?

  1. Don’t be afraid to ask for another lawyer within the firm after the initial meeting

It is really important that the client develops a good relationship with their lawyer. Having found the right firm, finding the most appropriate attorney is critical. Specialists firms will have multiple family law solicitors and should be willing tom help you find the right one.

  1. Be careful with attorneys who talk about “winning”

When it comes to family law, there can be differing views on what is actually defined as a “win”. A great example of this is the instance of custody over children. Should one party feel that they have lost, it can cause significant conflict which ultimately has a negative impact on the children.

It is important to find the right medium from a solicitor’s point of view to ensure that all members of the family feel comfortable with the result.

  1. Ask the lawyer how long they have specialised for and check the admission date

Family lawyers Sydney need to be experienced in family law, so make sure you know how long they have been practicing.

  1. Steer clear of solicitors who claim to be fierce litigators and collaborative negotiators

Quite simply, you cannot be both. Some firms, in fact, have sub-specialists such as litigators, negotiators and experts in business or commercial family law allowing clients to find the right professional for their needs.

  1. Ensure that the attorney has a sound knowledge of corporate practice, taxation and financial statements and outcomes

Whilst much of this is the job of a skilled accountant or financial advisor, having a lawyer who understands this will help to ensure a successful result. A lawyer that is able to refer you to an accountant or financial advisor when specific documents are a part of the case will go a long way to achieving a positive result.

  1. Compare the lawyers charge rates

This is by no way a hard a fast way of deciding between lawyers but it does give a good indication as to whether or not you are being charged a fair rate.

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by Incredible Planet Staff

Your Responsibility When You Are Involved in an Accident


People

Most traffic accidents could be prevented if everybody remained alert and followed the traffic rules. So, the first thing we will suggest you is to be an attentive and responsible driver. But if you got caught in a situation where you hit some other vehicle or a person you might get nervous and disturbed. In such situations, many people go blank and don’t know what to do while there are many who takes the wrong decision.

We don’t want you to fall in any of the two categories so we have created this write-up to let you know what you are supposed to do in such situations.

Don’t get nervous; stay cool – As discussed earlier whenever we meet an accident we get nervous especially if it’s us who was driving the bigger vehicle. Keep in mind that getting nervous or losing your temper or going to any emotional extreme will only worsen the situation. This is the time when you need to stay cool and composed.

Check the extent of damage caused to the humans first – You might be tempted to get down of your car and check for the damages in your car. But your primary responsibility is towards the people involved. This is not only an ethical but a legal duty too. Check the extent of injury caused to the humans, and call the ambulance if anyone is seriously injured. If the injuries are minor you should provide the victims with first-aid. And, this gives you an additional responsibility – you should always have a first-aid kit in your car.

Ensure that no further smash-ups happen on the site – If the vehicles are not taken aside after the accident they may cause furthermore smash-ups. So, if the vehicles can be moved then move them off to the side of the road and if the vehicles are not in a position to be moved then turn-on the hazard lights and put the warning triangle (ideally should be in the vehicles’ emergency kit) to warn the other vehicles about the accident. If the vehicles are left at the mid-road then make sure all the people and pets have been moved to the side of the road.

Call the Police immediately – You’ll surely get one or the other person at an accident site that you should settle the matter with personal discussion rather than calling the police. But, the best thing to do is to ignore such suggestions and call the police immediately. If the accident is clearly your fault you might get arrested too but then also it’s your duty to inform the police about the accident. If you try to get away from the site or misguide the cops you may get in bigger troubles. By calling the police you make sure that your side of the story has been officially recorded and this can be helpful for you if the other party later decides to sue you for personal injury. In most of the cases police successfully settles the responsibilities between the parties and also helps you to move the vehicle to the garage. Further, you never know if you have been a victim of a staged accident where the other party has caused the accident willingly to collect the insurance money fraudulently. Police officers are trained to recognize a staged accident and can save you from being cheated.

Note Down every minor detail of the accident – Although you’ll like to forget such scary experience of an accident then and there you should note and remember every minute detail about the time. Ask the other driver for his name, contact details, address, driving license number etc. If the other driver is willing don’t hesitate in sharing your details too but be sure to share only the required details. As for example if the other person asks you for your social security number tell him firmly that it is not required for filing a report. Take many pictures of the site from different angles to make sure you are not missing any detail. Note down the time of the accident, a number of persons in both the vehicles and also the name and badge number of the police officer who visits the site after your call.       

After doing all these things like a responsible citizen stay quiet and calm. Don’t be too generous in taking all the liabilities of the accident on yourself. Let the police and insurance company do their work. For knowing your legal option when you hit a bike from your car you can read this article.

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by Incredible Planet Staff

Facts about Bail That Everyone Needs To Know


People

For anyone who has been arrested or has a friend or family member who has, it’s important to know everything they can about the bail process. When arrested and charged for an offence by police there is a fragile timeframe in which to secure a temporary release.

Understandably, securing a release bond is critically important in the personal liberty of the accused and their ability to prepare a defence in court. For these reasons most people will not want to take any chances when it comes to getting a temporary release.

For those who wish to maximise their chances of a successful application they should use the services of an experienced bail lawyer in Melbourne who has an intimate understanding of the entire process.

The Important Factors

For a court to grant a temporary release to a person charged with an offence, they need to consider two primary factors.

Showing Cause

In order to be granted bail, the defendant may need to ‘show cause’ regarding the offence. This involves showing the court that it is not necessary to keep the offender in jail.

An offender will have to show cause usually when it is a serious offence such as crimes relating to sex, firearms or violence. They will also need to show cause if they have committed the offence whilst already being in a temporary release or parole period. It will be much harder to get a bond if the court determines that cause needs to be demonstrated.

Concerns of the Court

There are four primary concerns the court will consider regarding an application for temporary release.

  1. Will the accused show up to court if released?
  2. Will the accused commit a serious offence while released?
  3. Will the accused represent a danger to the community if released?
  4. Will the accused harass witnesses or interfere with the course of justice if released?

If these concerns are not an issue for the court regarding the case or if they can be satisfied with release conditions, then the application must be approved.

Conditions of Release

The conditions of a temporary release cover a wide range of behavioural areas in order to ensure the accused does not re-offend or avoid court appearance. These are known as ‘conduct requirements’ and essentially aim to answer any of the court’s concerns regarding the release of the accused.

Common conditions include regular reporting to police, sacrifice of passport, staying away from specific people or places and obeying a curfew. The only mandatory conditions are that the accused lives at a clearly defined address and agrees to appear in court for their hearing.

If any of these conditions are not considered enough to allow for a temporary release, then there are a few other types that can be used.

A security requirement means giving the court an amount of money or assets to be retained if the accused does not attend their hearing. A character acknowledgment involves getting a person who is considered of ‘good character’ to sign a document stating that they believe the accused will stick to their bail conditions.

Enforcement conditions require the accused to agree to terms that will help guarantee their conditions are met, such as answering the door for police.

In order to better understand these requirements and how to satisfy them, a person accused of an offence should call on the services of a bail lawyer in Melbourne.

If Bail is not Granted

If an application for temporary release fails, there are only a few circumstances in which the accused can re-apply.  These circumstances include:

  • There was no lawyer present to advise the original application.
  • There is significant and meaningful new information to justify a temporary release.
  • If the accused is under eighteen years of age and the original application was made on their first appearance for the offence.

If Bail is Breached

If a condition of release is not met, then the police will arrest the accused and bring them back to court. Depending on the seriousness of the breach, the accused may be let off with a warning.

If the accused is taken back to court for breaching a condition, it is far less likely they will be granted another temporary release. This is why it’s crucially important to make sure the conditions are fair and accomplishable for the accused the first time round.

Conclusion

The facts outlined above are basic yet extremely important rules for anyone accused with a crime to understand. Applying for bail can be a complicated process to understand especially for those inexperienced with the law and their rights.

For these reasons, it’s clear that anyone charged with a criminal offence should rely on the services of a bail lawyer Melbourne to adequately represent them and secure the best possible outcome.