Who Gets Child Custody

How Does The Court Decide Who Gets Child Custody?

If you ask any divorce lawyer which aspect of handling a divorce brings the most amount of stress and upset for their clients, many of them will tell you it is custody of the children. Sadly, when going through a divorce, some parents see their children either as assets or as weapons which they can use against their ex-spouse. This is not to say that they do not love or care for their children, but as often happens, they lose sight of what is in the best interests of their children, when seen within the context of a divorce, especially if that divorce is acrimonious. The good news is that when it comes to the custody of children, disagreements that end up being decided in court, are actually in the minority. Thankfully, most parents are able to agree with regards to custody and visitation, often through meetings and negotiations which are conducted through their respective legal representatives. Another service that can be helpful in enabling the parents to come to an agreement is family mediation. These can provide both parents with advice and can introduce options such as family group sessions, where family and friends of the couple can offer ideas and contribute to the discussion.

Can You Be Fired for Being Sick?

We regularly get asked about the laws surrounding sickness and employment termination. Fortunately, Australia’s laws are quite clear on this issue, which is something of a relief. As always, you should always seek legal advice from an employment lawyer if you feel you’ve been dismissed unfairly. You can find a list of the best lawyers at lawyerslist.com.au.

In the rest of this article we’ve covered everything you need to know about illness and your rights as an employee. As always, this is meant as advice only and doesn’t constitute professional legal aid.

Can I Be Fired for Being Sick too Often in Australia?

First, let’s address the main question here. In short, the Fair Work Act 2009 says that an employee can’t be fired if they’re temporarily off sick. However, there are a few things to keep in mind here, and employers aren’t as exposed as it might seem at first.

In short, an employee who is absent on sick leave must provide a medical certificate or statutory declaration covering the claimed illness or injury. In most cases, this has to be provided within 24 hours, or, in special circumstances, within a reasonable time frame.

If an employee doesn’t provide these documents, then they can theoretically be dismissed without breaking the law. However, it’s usually a good idea to seek the advice of an employment lawyer to ensure you’re within your rights before terminating a contract.

Worried about the Financial fallout after Separation?

Given the reality that nearly a third of marriages end in divorce, it’s important to be aware of the financial fallout after divorce. Family Lawyers Perth can help you approach the situation in a systematic manner and this helps reduce the trauma and stress. Once the partners make a decision to end a relationship, the process can be a long, complex and tedious one. It’s always a good idea to have a valid BFA (Binding Financial Agreement) in place. Even if you do have a BFA to refer to, you may wish to seek competent legal guidance to help you negotiate the best terms. According to the Australian Family Act of 1975, a pre-nuptial agreement (like a BFA) will contain rights, responsibilities of each partner which makes it easier to move forward towards amicable and speedy solutions.

Confusions and altercations often result in long-drawn court battles that lead to steep expenses and prolonged stress. Divorce is one of the most traumatic events and it pays to have experienced assistance on your side. It’s natural to feel anxious about such a big change in your life and the attendant feelings of insecurity. The process of divorce involves planning for short-term as well as long term. Moreover, proceedings are often fuelled by anger and resentment and take much longer to resolve. A family lawyer can help you understand your situation and approach matters in a logical manner.

If you’re going through a divorce, a reliable lawyer can help you in many ways including:

  • Significant reduction in court and financial costs
  • Amicable resolution for problems and moving towards mutually acceptable solutions
  • Greater understanding and insights regarding your rights and duties
  • Improved communication with your partner on important issues such as alimony, property settlement, custody and so on

Every marriage, relationship and consequently, every divorce is different and requires a different approach. Talking to a trustable lawyer can help you decide on an approach that works best for you. It’s always better to opt for out-of-court settlements as the judiciary process may take much longer and the results may not always be acceptable. There are certain conditions under which Australian courts may declare the financial agreement to be null and void. To avoid such situations, it’s best to hire affordable legal services to protect your best interests.

Are Legal Disputes Threatening to Drain Valuable Assets?

Seeking Timely Guidance can help you Enjoy peace of Mind

Court battles are never an easy matter; they are often complex, expensive (the costs may run into thousands of dollars) and prolonged. In this world of competitive markets and erratic economic trends, it’s common to find that businesses often under mergers. Trained commercial lawyers are experts in the field of business law and are experienced in using valid legal provisions for their clients’ benefit. A merger is defined as the unification of two companies into a single business entity. However, the process can be complicated and you can lose out on good share prices etc if you are not aware of the implications. Experienced commercial lawyers can help you get the full value for your shares and maximise bargaining power. In fact, many times it’s best to sell your shares at the earliest and this is why it’s a good idea to seek timely and reliable legal advice.

Moreover mergers may often lead to confusion and disputes over shares, loans and other monetary issues and this may affect the performance of the business. Trusted legal counsel can help you get the rightful value for your shares (in the event of a merger or if you wish to sell your shares) in out-of-court settlements. This is usually a more hassle-free option compared to taking the matter to court. You may also wish to seek legal advice if you are a shareholder and are dissatisfied with the company’s actions.

Is Divorce leaving you feeling Overwhelmed?

A Reliable Lawyer can take Care of the Legal Legwork

Even if you are frustrated with your relationship and wish to leave your partner, divorce is never an easy process to deal with. By hiring experienced family lawyers, you can make informed decisions without feeling flustered and resentful. The decision to end a relationship sets off a long and often tedious process and even in the absence of upheavals, it’s still a difficult process at best. The adverse effects not only impact the spouses or partners but also children, parents, grandchildren and extended family. Many family members sometimes must experience a reduced standard of living due to diminished economic resources.

If you are thinking of filing for divorce, you may wish to consider consulting with a lawyer before you make the final decision. This way, you will have a better idea of the legal and financial consequences and options available to you. If you make the decision to proceed with the divorce, there are several steps that you will need to execute. In addition, you will have to provide information about minor children, prior financial agreements, date of separation and so on. You need to know where to go, which documents to file, what information to provide and so on. Seeking expert legal advice can be invaluable because your lawyer will ensure that your best interests are protected at all times. He or she will be happy to take care of all the run around and legwork that will ensue, thus leaving you free to attend to other important matters.

Interested in Leasing your Property to a Company?

Create a Watertight Property Agreement

Many property owners prefer leasing their homes, flats etc to corporate entities. Top property lawyers in Australia are of the opinion that corporate property leases are safer than personal leases. Property agreements tend to be tightly woven and the conditions in case of non-payment of rental, damage and misuse etc are explained in detail. There are several benefits to choosing a corporate property lease over a personal one:

  • Companies have clear cut rules regarding renting premises either for work or for employees
  • The likelihood of fraud is much less because the company is responsible for its tenants
  • There are fewer chances of defaulting on rent payments as the agreement will specify terms and conditions correctly
  • Rent is more likely to be paid on time and moreover, you are likely to get a new tenant when the previous one vacates

A reliable property lawyer will help you create a well-structured and comprehensive corporate property lease agreement. This will help set your mind at rest due to the higher levels of comfort and reliability and the fact that the financial veracity of the tenants will be vouchsafed by the corporate house that leases the property from you. Corporate property leases also tend to be of longer duration compared to personal tenancy agreements. This in turn helps maintain sustainability of income derived from your property.

The lease agreement plays an important part in streamlining the relationship between the landlord and the corporate tenant. The agreement will clearly stipulate the rights and responsibilities of both parties. When the lease is signed, it implies that the corporate entity as well as the owner agrees with the terms and conditions contained in it. The most important fact is that corporate property lease agreements are recognised by Australian courts and both parties are expected to follow the recommended guidelines.

What to Do if You are Charged with a Crime

If you are charged with a crime you have the right to legal representation, so the first thing to do is contact criminal lawyers who can work with you to get the best result. Remember you don’t have to answer any police questions without your lawyer present, except to give your name and address.

While a criminal lawyer will advise you, you are the only one who can decide whether a plea of guilty or innocence should be given. Depending on what the offence was, you may be charged and released on bail. Otherwise, if not given bail you will have to remain in custody until the matter is settled.

If you plead guilty and are released on bail, you may be given the option to not appear in court. Your case can be heard without your presence and you’ll be notified by mail of the penalty. If you plead not guilty, the trial must go ahead and you will need to attend. You should always have a lawyer to represent you as they know the law and can speak on your behalf, saying things in your defence that you may not have thought of.

This can help to reduce your sentence and may even prevent you from going to gaol, always a goal to be attained if possible. Criminal lawyers can also bring up other things to make your life a little easier. For instance, if you are going to lose your driver’s licence but need it for work reasons, the lawyer can make a good case for you to be given a special licence that allows you to only drive to and from work.

Are the Right Beneficiaries Going to Inherit Your Assets?

How to Create a Valid Will

After having working hard all your life to acquire monetary, property and other assets, you want to make sure that your hard earned estate should go to the right beneficiaries. Reliable Wills lawyers can hep you make a legally valid and comprehensive Will that leaves no room for ambiguity and confusion.

In order to create a legally valid Will, you need to ensure that the Will exists in writing and it should be signed by two (or more) legitimate witnesses. The following points describe the basic requirements for being a witness to a Will document.

Two Types of Bail

In Australia, criminal lawyers will tell you that even if you’ve been charged with a criminal offence, you are presumed innocent until proven guilty. This means that you can usually be released on bail until the trial date is due. Of course, this will depend on the severity of the crime you’ve been charged with.

There are two types of bail –

  • Police bail. When the police charge a person with an offence they have a fairly good idea whether or not it is safe for them to be out on bail. If it is deemed that they won’t intimidate witnesses, destroy evidence or abscond so you can’t be found again, the police will grant them ‘police bail’. There are likely to be certain restrictions on what the person can do and where they can go and a form must be signed agreeing  to this in order to gain freedom until the trial date.

Divorcing When You Own A Business

Starting your own business can be one of the most exciting and rewarding experiences of your life.  The company often represents your blood and sweat from years of hard work.  After spending so much time focused on succeeding, worrying about every dime and customer, it can be frightening to think how a divorce might interrupt or even jeopardize all your efforts.  In addition to the tips included in this article, seeking the advice of experienced family lawyers is always a good idea.

Here are a few key tips to remember if you own a business and are considering divorce.

  • The Business Is A Marital Asset: You might be familiar with a concept called “community property” which means that all property acquired during a marriage belongs to the marital community, ie; you AND your spouse.  You may say, “but what if my spouse did nothing to contribute to the business” or “he/she was never involved and doesn’t even know how the business operates”.  All that may be true, but in the end, if the business was created, or even just grown, during the marriage it belongs wholly or partially to the other spouse.

What does that mean?  Will a judge order the business liquidated just to split the value between the parties?  Not necessarily.  The court is interested in an equitable division of the assets, and that leaves plenty of wiggle room for what a judge may order.  For example, continuing to run the business may be the only way to properly divide its worth between the parties.  A payout over time to one spouse is a commonly used device.  Or, re-financing may be the best course of action, where a spouse uses a bank loan to “buy-out” a spouse and therefore retain control and ownership over the business.

The key point here is that there are many viable options to choose from when it comes to dividing a business in a divorce, most importantly is choosing a family lawyer that will be able to help you navigate these issues.

Advice On Criminal Charges

Criminal charges are no walk in the park. There is always the possibility of time away from family as well as losing your job due to imprisonment. When faced with criminal charges, it means that the State or Commonwealth has brought an accusation against you. When you are charged or expecting to be charged with a criminal offence seeking immediate legal advice from criminal lawyers is the most important thing you can do.

With criminal charges, the stakes are usually high and you could be facing potential imprisonment, a fine or both. But if you approach the case well, you might be able to mitigate any charges against you and protect your interests.

Criminal prosecution in Australia
The proceeds of criminal charges differ from state to state. Although there are many similarities between jurisdictions, the laws are by no means uniform. Most of the criminal offences are prosecuted by the state and only a few fall within the jurisdiction of the federal government.

Expiable offences
These include minor offences such as traffic violations. Generally you are given an expiation notice and a fine do not require you to attend court. However, you do not plead guilty, you will be prosecuted in court.

Dealing With Commercial Property Lease Disputes As The Lessee

It doesn’t matter how careful you are when setting up a lease, property disputes between commercial tenants and landlords are often unavoidable. Changes in circumstances and the passage of time can often lead to disagreements which can be time consuming and difficult to resolve. Ultimately, the best thing to do if you get caught in a commercial property lease dispute is to engage the services of a decent property lawyer.

What to do first:

If you have recently found yourself in the middle of a commercial lease dispute with your landlord, you need to go back and look closely at your tenancy agreement. A good tenancy agreement will outline all of the conditions of your lease, and can often be used to resolve disputes quickly and calmly. If you feel that you are covered by your lease, but your landlord feels differently, then you need to use a property lawyer to sort the problem out.

Dividing Household Contents After A Divorce

Unfortunately, there are a lot of downsides when it comes to getting a divorce. According to experienced families lawyers Davies & Co Lawyers, you might finally be free from the commitments of a broken-down marriage which was bringing nothing but pain, but remember that both partners want to get out of the relationship without losing too much property or financial assets. It is therefore important to consult decent family lawyers before attempting to split the contents of your home post-divorce. Failing to do so can result in disagreements which have to be settled by a court.

What is the first thing to do?

Hopefully, your marriage will end on good terms and you will be able to split in an amicable and friendly manner. Unfortunately, this kind of split is rare, and will usually only happen in relationships where there has been no significant financial component – in other words, in relationships where there are few to no assets to divide.

A De Facto Relationship

Definition

Experienced family lawyers Robertson Hayles report that Australian law defines the term ‘a de facto relationship’ as a relationship between ‘a man and woman who, although not legally married to each other, live together as husband and wife on a bona fide domestic basis’.[1] That is, a de facto relationship exists when the party and his/her former partner, irrespective of gender, were in a relationship as a couple residing together on a genuine domestic basis. However, Australian law denies a relationship as a de facto relationship if the individuals were lawfully married to one another or if they are related by family.

In order to determine that a relationship is a de facto relationship, it is incumbent on the parties to make an application to the court. The application can be made either to the Family Court or Federal Circuit Court. In practice, such application is usually made when an actual relationship has broken down and the parties are aiming at having financial disputes determined in the same manner as between married couples. In order to apply for a de facto financial order, such application must be filed within two years of the breakdown of the relationship at issue. In order to obtain a favourable de facto relationship order from the court, the applicant must prove before the court existence of the following facts:

Five Tips For Dealing With A Shareholder Dispute As A Shareholder

Companies are run by management structures. These management groups are usually in charge of making large financial decisions. These financial decisions can directly impact a company’s share price, income, and indirectly, the shareholders.

This means that shareholder disputes can arise if the shareholders feel that the company isn’t making good decisions, and that their shares are suffering as a result. In most cases, disputes are opened when a number of large shareholders get together, but they can happen at any time. A good team of commercial lawyers is usually needed to make sure that the disputes are resolved in a timely manner which leaves both parties pleased.

The following five tips can help you, as a shareholder, deal with a shareholder dispute.

  1. Make Sure That You Are Represented By A Good Commercial Lawyer

The key, if you want the dispute to be dealt with in a timely fashion, is to make sure that the shareholder group is represented by a high quality commercial lawyer. Sometimes, this lawyer will be able to sort things out almost immediately, due to their knowledge and expertise when it comes to defusing tense disputes. However, at other times your lawyer will be required to help the shareholder group work through a long and tiring dispute process, but will hopefully be able to help achieve a good result.