Property Agreement
Categories Property Law

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.
Charged with a Crime
Categories Criminal Law

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.

Continue reading ➞ What to Do if You are Charged with a Crime

Valid Will
Categories Family Law

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.

Continue reading ➞ Are the Right Beneficiaries Going to Inherit Your Assets?

Types of Bail
Categories Criminal Law

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. 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 pretty good idea of whether it is safe 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 to gain freedom until the trial date.

Continue reading ➞ Two Types of Bail

Divorcing
Categories Family Law

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.

Continue reading ➞ Divorcing When You Own A Business

Criminal Charges
Categories Criminal Law

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.

Continue reading ➞ Advice On Criminal Charges

Commercial Lease
Categories Property Law

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.

Continue reading ➞ Dealing With Commercial Property Lease Disputes As The Lessee

Seperating Assests
Categories Family Law

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.

Continue reading ➞ Dividing Household Contents After A Divorce

de facto relationship
Categories Family Law

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:

Continue reading ➞ A De Facto Relationship