When people find themselves in a situation where to have to reach out for legal support, they will often find that they have no idea where to start. Furthermore, people may already be feeling a great amount of stress and anxiety and so the task of finding a professional to work with can sometimes feel like it is just too much. The good news is that people will often be able to reduce these negative feelings when they do eventually find support. In the meantime, is important that...
When people find themselves in a situation where to have to reach out for legal support, they will often find that they have no idea where to start. Furthermore, people may already be feeling a great amount of stress and anxiety and so the task of finding a professional to work with can sometimes feel like it is just too much. The good news is that people will often be able to reduce these negative feelings when they do eventually find support.
In the meantime, is important that people do what they can to ensure that they are working with the right person for their case. For instance, if there are drugs involved then people should find someone who has experience in this field. Similarly, if there is a motor vehicle involved then someone should be found who has dealt with similar cases.
In addition to finding someone with relevant experience, it can be a good idea to find someone that makes people feel confident. When people feel confident, they are much more likely to achieve the ideal outcomes and are able to protect their mental health in the process. As this is so important, this article will explore how to know when you need to find the best criminal lawyer in Sydney.
It is likely that you have found the best criminal lawyer in Sydney when you understand the ins and outs of the case
What many people complain about when they receive legal support is that they feel like they aren’t actually included in the case. That the professional has gone off on their own and that they are left feeling confused. The greatest in the business will understand that it has to be a collaborative process in order to achieve the best result.
When clients are aware of the ins and outs of the case, they are much more likely to have positive feelings and so will feel safe with the proceedings. This means that they will be fully aware of the involved costs, they will understand what is expected of them, and they will be notified of important dates. In addition to this, people will understand what they are working towards as well as what the worst case scenario could be.
When people are aware of all of the possibilities, they are able to accurately prepare themselves an there won’t be any nasty surprises in the long run. Furthermore, they are more likely to trust their chosen professional which is also incredibly important. As this is the case, it is likely that a client has found the best criminal lawyer in Sydney when they have their head completely wrapped around the case at hand.
It is likely that you have found the best criminal lawyer in Sydney when you feel safe
In addition to understanding the ins and outs of the case, it is equally as important that people feel safe. When a client doesn’t trust their chosen professional it isn’t likely that they are going to be cooperative. This means that they may not be as diligent with organizing testimonials, documents, or anything else that may be needed.
In order for someone to stay motivated over what can sometimes be a long period of time, it is imperative that they feel safe and secure with their attorney. This means that they are comfortable with sharing personal information with them, that they are more than happy to correspond with them via email, phone, or in person, and are also willing to cooperate. When people do feel this way, it is likely that they have found the best criminal lawyer in Sydney.
Whether you’re confused about the difference between a conveyancer in Campbelltown and a solicitor or simply want to know more about what the two professionals actually do, this article will help.
Both a conveyancer in Campbelltown and a solicitor are responsible for transferring legal property titles from one owner to the next and completing any legal work necessary in the buying and selling of property.
The difference between a conveyancer in Campbelltown and a solicitor
Up until 1992, real property transfer work was done solely by solicitors. After the passing of legislation, the work was allowed to be done by a licenced conveyancer in Campbelltown and beyond. By increasing the amount of professionals who can practice, the price of services has reduced dramatically, becoming more affordable than ever.
Both professionals do the same work and are both required to be licenced, insured and a part of an industry body to perform. However, there are some differences between the two professionals. These are:
Conveyancer in Campbelltown:
- Specialise solely in ‘real property’ laws
- Are just as qualified as a solicitor to perform real property transaction work
- Require at least 2 years tertiary level study on real property law
- Require at least 2 years supervised practice in the field before applying for a licence
- Most are self-employed
- Usually offer fixed fee rates and are cheaper than hiring a solicitor
- If a transaction turns into the subject of a lawsuit they must refer the case to a solicitor for aid
- Practice in multiple areas of law, including real property law transactions
- Require a law degree and at least 6 months study related to real property law during their degree
- Do not require supervised practice before obtaining a licence
- Are usually assisted by a law clerk, secretary or conveyancer in Campbelltown during the transaction process
- May charge an hourly rate rather than a fixed fee
- Usually work in a firm rather than independently
What kinds of property do they work with?
A conveyancer in Campbelltown is skilled at working with a range of properties. These include:
- Empty land
- Retirement homes
Regardless of whether you’re looking to buy or sell, a specialist can help.
Some of the services they provide:
Preparation of statement of adjustments
This involves researching and preparing the settlement documents required in your jurisdiction. A specialist can ensure that you don’t end up with the burden of debt or negative interest given to you from a former title owner by making sure all necessary enquiries and adjustments are carried out before settlement.
Some of the searches a specialist may carry out include:
- Local authority search: This checks to see if there are any future development plans that may affect the land, such as a motorway or shopping centre
- Title search: This determines whether the property truly belongs to the seller and checks for any debts or liabilities
- Natural disaster search: This assesses the property’s risk of being exposed to things like a bushfire or severe flood
- Pest inspection report: This checks to see if there are existing issues with pests such as cockroaches or termites
Contract of sale
A specialist can prepare a sale contract for the seller in order to make sure settlement goes smoothly. This involves producing a well-written contract without any mistakes or errors.
Contract of sale review
A specialist can also complete a contract of sale review for the buyer to check for any errors or red flags. This involves explaining the intricacies of the contract and offering advice that can protect you against potential issues or unwanted expenses.
In this day and age, it is not uncommon to see married couples end their relationship and these numbers are only on the rise. While there is nothing necessarily wrong with this, there are certainly some legal implications that come along with ending a relationship and there can be some negative outcomes for those who are not educated on this topic. The trouble is often that people won’t think about what they will do when they separate because they never plan to separate. As this is the case, it is important that people find professional support in the form of divorce and family lawyers Sydney, especially when there are children involved.
Divorce lawyers in Sydney are able to sit down with their clients and help establish what they want
What many parents out there will struggle with is actually figuring out a scenario that they want. For example, they may think that they should arrange for their children to see the other person 50% of the time but they actually think it would be more beneficial to only see them 70% of the time. This can especially be the case when the other person lives far away and it would be too much disruption for the young ones to have to travel back and forth all the time.
In other scenarios, one parent may be figuring themselves out and it isn’t safe for their young ones to spend a great deal of time with them as they are going through this. There are school schedules to think about as well as the children’s extra curricular activities meaning that mums and dads need to come up with a realistic agreement that works around all of this. As this can sometimes be hard to figure out, parents are able to work with divorce lawyers in Sydney in order to establish what they really want to happen and what they are able to work towards. This will make it more likely that a positive outcome will experiences all around as everyone involved will know what is desired.
Divorce lawyers in Sydney are able to help draw up legal documents
Once two people have figure out what they want to happen e.g. young ones visit their father every second weekend, they are able to draw this up in the form of a legal contract. This means that there can be no arguments about who is doing what and when, because it is all there in writing. This means that no matter what happens in life, both parties know exactly what is expected of them and the children who are involved are able to begin to get used to their new routine. Having said this, both parties may not always agree and so things may need to be taken to court. It is not uncommon in this day and age for fathers to want to be more involved and so won’t be happy with simply seeing their little ones every second weekend.
When these kinds of scenarios do arise when two people disagree, divorce lawyers in Sydney are able to act as a mediator and can negotiate to ensure that everybody is happy. If court is the only option, then they are able to act as legal representation in the court room. As it can be seen, there are many benefits to working with divorce lawyers in Sydney when it comes it comes to child custody agreements. As a young one’s well-being is the most important thing, it is imperative that parents figure themselves out legally as soon as possible.
You sit and nervously wait. ‘All rise’ the stern voice of the court bailiff booms and your stomach drops into your toes. You watch as the judge enters the court room and takes his seat.
Facing a judge can be a daunting experience to say the least. Apart from knowing all of your rights you also need to use the right language. One wrong word could implicate you. That is why criminal lawyers Melbourne are important professionals that you should really consider using. They have qualified attorneys with many years of experience. With client testimonials and a series of wins, they will advise you on your charges rather than taking advantage when you are at your most vulnerable stage. There are many laws that involve full understanding, and using an experienced attorney will provide you a lot of stress reduction.
Criminal lawyers in Melbourne can reduce the risk of false accusal, unnecessary jail time, DNA recording, drivers disqualification or obtaining a criminal record. They will present your evidence correctly. A good attorney knows how to ask the right questions, they are also able to identify weaknesses in the oppositions case and can use these weaknesses in your favour.
Offences to contest
Criminal lawyers in Melbourne have years of experience with a wide array of charges. These charges include shoplifting, firearm possession, gun charges, weapons possession, blackmail, extortion, murder and manslaughter, stalking, fraud, theft, sexual assault, rape, under age porn and other internet offences, assault on an officer, drug possession, drug trafficking, drug cultivation, death threats, domestic violence, breach of AVO and many others that you have found yourself charged with as well as appeals to the county court.
You may have found yourself charged with a traffic offence. These may include driver disqualification, driving whilst suspended, speeding, red light, accidents, not wearing seatbelt, driving under the influence or reckless endangerment. These are serious traffic offences of which criminal lawyers in Melbourne are experienced to tackle and can help you keep your license and avoid fines. You may have already lost your license, then they can assist in lodging your application to get your license back faster.
An experienced criminal lawyer in Melbourne can help you understand the charges that have been filed against you. From there they can then advise you on the best moves to make. Never will they do anything that you object to but they will explain to you their reasoning.
In most cases it is hard for an individual to access the necessary evidence to use in your case. Criminal lawyers in Melbourne are experienced in uncovering all of the evidence ensuring nothing is missed and achieving the best possible outcome. Once they have compiled the evidence they can then prepare the witnesses that can be used to support your defence.
Often you might be called in for a police interview or you may have already been arrested in which case you will be required to do a police interview. These types of specialised solicitors are used to talking with the police. They understand what is being said and what your charges mean and they know the best ways to respond as certain things said can implicate you further or destroy your chances of defending yourself successfully. If you are convicted of a crime you will be required to attend a sentencing hearing. Your attorney can help decrease the severity of your sentence and possibly avoid jail time.
So if you find yourself in trouble and are facing prosecution, the best option for you is to contact criminal lawyers in Melbourne and get them on your side.
Ever heard of the ‘CSI effect’? Where in shows like CSI and Criminal Minds forensic evidence like blood and fingerprints are collected, analyzed and used to aid police in tracking down and prosecuting the right culprits, all in a day – or an episode.
But has this given us unrealistic expectations about using forensic evidence IRL? We’ve talked to some of Sydney’s leading criminal defence lawyers to see what they say about this…
Simply, dealing with forensic evidence in the NSW justice system is nothing like on our glamorous crime shows at the touch of a button on Netflix. Our Sydney criminal defence lawyers made this clear from the start.
A big issue is how reliable our forensic evidence really is. All of Sydney’s practicing criminal defence lawyers have read volumes of empirical research to get where they are today. A systematic, scientific approach is endorsed for investigations under the NSW justice system.
Forensic evidence is more complex than on TV and the truth is evidence like hair and other DNA samples aren’t as conclusive as we’d like to believe, so we need to take each piece with a grain of salt. Our Sydney criminal defence lawyers want us to remember each source of evidence as a possible part of the story, and never the full story.
Sydney’s criminal defence lawyers also say we need to note the miscarriages of justice that have occurred. While DNA samples are one of the most reliable forms of scientific evidence, there have been cases where it’s led to false accusations – like that of a man in place of the real culprit, Daoud Ouhnane, who was responsible for the Madrid bombing. This was based on a partial fingerprint.
As Sydney’s practicing criminal defence lawyers would have had drilled into them in university, the scientific method underpinning forensic investigations is all about minimizing error. If it’s possible results have been affected by something other than the source in the collection, handling, keeping, and testing of samples, the accuracy and trust in the evidence falls hard.
We encounter similar issues when it comes to forensic psychology. Police and Sydney criminal defence lawyers work closely with experts in memory and suggestibility who advise about the problems that may be encountered with stories from eye-witnesses and victims…
Children and feeble minded may be contaminated by leading questions. “He didn’t hurt you, did he?” as an example given by Sydney criminal defence lawyers. The wording may encourage an expected response. There are also suggestibility problems, whereby we want to agree with authority so we give answers that aren’t necessarily accurate.
Those with less self-esteem are prone to this, which may be the case following an incident that’s shaken them up, or in the embarrassment of appearing before a court. Our Sydney criminal defence lawyers emphasise that we need to consider all these things before accepting words as solid evidence.
So, how can we reduce false memories? These can occur due to the above. It may also be a case of painful memories being forgotten. Sydney criminal defence lawyers suggest a few pointers to help..
- Start with free recall – “tell me everything that’s happened”
- Follow with open-ended prompts to clarify details – “Tell me more about that”
- Avoid specific, closed questions
- Establish ground rules, acknowledging it’s okay to not answer a question
Forensic evidence has been seen as key to solving crimes. But there are fictional expectations that Sydney criminal defence lawyers can debunk through scientific methods, and want jurors to be forewarned and forearmed about these.
Clients who have entrusted themselves to family lawyers Sydney have the right to ensure that their legal representative is working in their best interests.
Failure to do so would be grounds for firing, paving the way for a new solicitor from a different firm to take the reigns of a case forward.
To reach this significant juncture, a client must understand what types of behaviour would lead to a scenario that constitutes legal malpractice, a term that speaks to wrongdoing and negligence that is either improper or illegal.
If this example falls into the latter category, there could be grounds for disbarment or even a jail sentence.
Whilst legal professionals carry out their due diligence during cases, there is also an imperative on the client to be aware of their lawyer’s conduct.
Such a requirement can only amplify a stressful situation further with a case involving a divorce, a fight for child custody or the dividing of assets.
Yet there is too much on the line to see a solicitor perform malpractice, leaving you in a weak and vulnerable position.
Here are examples that fit the description of legal malpractice for a Sydney family lawyer.
Should any event arise whereby a Sydney family lawyer is performing dubious financial acts, then that must be considered a major red flag that requires further investigation. There have been cases whereby a representative will commit fraud to obtain more funds from their client for their own personal gain.
Other examples have seen scenarios of commingling take place, instances where a lawyer will utilize a fund that combines revenue from various parties into one pool. This could include an employer, a beneficiary, their own money and that of the client. The representative would be in breach of their fiduciary duty if they ventured down this path.
Failing To Meet Deadlines
There are various clerical duties that must be adhered to by any Sydney family lawyer who wants to fulfill their own obligations in a case. Each one of these individual duties pertains to a deadline that is involved, setting the clock in motion to file documentation on schedule without procrastination. Filing for motions or handing over evidence to the opposition party, judge or jury is paramount to adhering to the rules and codes of conduct issued by the bar association. Such a failure would speak to a lack of competence, a characteristic that is unwanted by any client across all legal fields.
Operating Without Client Consent
In instances where parents are battling over the separation of their relationship status and children are separated and caught in the crossfire, a Sydney family lawyer could be tempted to strike deals that are not in accordance with the wishes of their client. To operate in this respect without their consent falls comfortably into the category of malpractice because they are hired as a direct representative of their interests and demands, however intentioned their wishes may be. This careless behaviour to perform tasks without their knowledge or backing is negligent and not acting in good faith, working as a direct contradiction of their ethical responsibility.
Running Conflicts of Interest
If a Sydney family lawyer has a prior relationship with the opposition party or a financial stake in the outcome of the dividing of divorce assets, then that constitutes a conflict of interest. There have been examples whereby a solicitor has too many simultaneously running cases occurring in one block, creating a difficult dynamic where they cannot provide enough time or resources to each individual hearing, motion or trial.
To state it simply, a lawyer in the field of family law must be able to dedicate an acceptable amount of effort towards a positive outcome given the financial commitment that has been agreed between them and the client. Failure to do so does fit the bill for malpractice and is grounds for firing.
Contract act came into force in the year 1872. Contract act is followed all throughout India except Jammu and Kashmir. Contract act comes under the business law and is followed when two parties, a buyer and a seller enters into a contract with each other. Every company engages in selling or buying commodities. When a buyer and a seller agrees to buy or sell an asset, they sign a contract that is enforceable under the law. The person who makes the offer is called the promisor. The person who accepts the proposal is called the promise.
The elements of the contract act.
The essential elements of any contract act include offer and acceptance. The contract involves two parties: one, who proposes and the other who receives the offer. A deal comes into being only after certain legal formalities are followed. Every act should have a lawful object and should not be expressively declared void. The terms and conditions of the act should have the capacity and the consent to contract.
- Offer: The person who makes the offer is called the promiser. He promises to deliver an asset at a particular time for a fixed amount.
- Acceptance: The second party who accepts the offer is called the promise. Terms and conditions of both offer and acceptance must be clearly stated in the contract.
Capacity to Contract:
According to the law, any person who is a major and is of a sound mind can enter into a contract. However, a person who does not have a rational mind can also enter into a contract when he is in his senses. A person suffering from an unsound mind cannot enter into a contract. An incorporated company may not be allowed to enter into a contract.
Discharge of a contract.
A contract is discharged if both the parties violate the terms mentioned in the contract. Change of law, the death of the promiser or promise, lapse of time, breach of contract, failure of the ultimate objective, if the subject matter is destroyed, the contract is declared discharged and wouldn’t be valid. Any sorts of alteration done to the contract, if a new contract gets replaced for an old contract, promise paying lesser amounts than what was agreed for would also discharge the contract.
India law has quasi-contracts to avoid any sorts of benefits that another person has paid for. Let us consider an example to learn about quasi-contracts. Example: Person A orders a pizza and pays for it already. The delivery man now, by mistake delivers it to the wrong address to person B. Person B does not correct the delivery man, pays for the pizza and consumes it. The court, under quasi-contracts, demands the person B pay the same amount (with fine in some cases) to the individual A.
Business laws lay down guidelines on how business should be run. Business laws are encouraged to carry out business in the most ethical way. These rules or regulations are applicable in commerce, merchandising, trade and sales. This includes all the laws that are followed when a business is started, when they involve in transactions, when they buy or sell any business and when a firm goes into dissolution. There include separate laws for corporations, partnerships and limited liability companies. In India, the contract law was passed in the year 1872. The bill is an important aspect that comes under business law. Any sale of assets is made after a written agreement is signed by both the parties (the seller and the receiver) enforceable under law. Here are some tips about business laws that every business owner in India must know.
- Rules governing the formation of a company: Before you form your company, decide what is the type and nature of the company: whether it is sole proprietorship, corporation or family business? This has to be determined first because every kind of company would come under different federal laws and state laws. The primary rule to be kept in mind is that any business before it commences has to be registered with the Registrar of companies.
- Finance laws: If you are applying for a loan to run your business, make sure to get agreement for sanction papers, loan agreement letter, and collateral documentation, sanction letter, etc. If you intend investors to invest in your shares, make sure to have documents like the letter of intent, share subscription agreement letter, shareholders agreement, etc.
- Tax laws and accounting laws: A company should be aware of the State and Central taxes and their due date. It has to be kept in mind that the GST has been already rolled out from June 2017. It is essential to maintain books of accounts in your company as per the legal requirement of the Country.
- Security laws: Your company shares can be listed in the SME stock exchange after registering with the Securities Exchange Board of India otherwise called as SEBI. In India, the SEBI is responsible for rating the banking shares.
- Employment laws: This includes the fundamental rights of the employees, other federal regulations, rules the employees have to abide by, etc.
- Intellectual Property Rights: If any invention or discovery is unique to a particular company, the company has the right to protect it under the IPR act. The IPR is to prevent the design from getting imitated by another company or person till its expiry. Intellectual rights include patent, copyrights, trademarks, etc.
- Contract act: Before entering into any business, a formal contract is signed by two parties. The contract act comes into play when either of the two party’s failure to abide by the law.
To understand criminal law might seem quite simple, but many things add to this important type of legislation.
Reading the word ‘criminal’ out loud, the first thing that comes to mind is a crime and the laws that manage it in a city, state, and overall, a country. Criminal law is thus the area within the law, which includes all prohibited conduct in society.
It involves the process where leaders oversee the maintenance of a country’s safety, to ban the actions that allow for crimes to be present or increased in a country.
This type of law also involves the enforcement of laws, that are set in place, to defend society against the violations of crimes, as well as any allegations thereof.
It is all implemented to protect society and strive towards a safer country altogether. Criminal laws are applied to everyone present in a country. It means that laws don’t only apply to those who are residents of a nation, but also to foreigners visiting that country.
These laws aren’t structured to target specific people, and there is always an appropriate punishment given to those who break it. Breaking the law could lead to punishment, such as retribution, the deterring of inadequate behaviours, as well as preventing offences and the rehabilitation of offenders.
When Does Breaking the Law Become a Crime?
Just because certain types of behaviour are considered prohibited in a country, doesn’t necessarily make it a crime. Illegal conduct that qualifies as a crime is linked to the penalties, as well as the violation thereof. When a prohibited act is considered a crime, the penalty is usually one’s freedom, which other than being sentenced to death, is considered the worst punishment.
All crimes are structured to carry maximum penalties, and if an individual is convicted of a crime, it can lead to being sentenced to jail. In the worst cases, some individuals are sentenced to lifetime imprisonment, which is usually the case with serious crimes, such as murders or violating the safety of others.
When it comes to a criminal offence, however, penalties may include fines, probation, as well as a record of criminal offences that are made clear on one’s profile, which is set in place to prevent individuals from breaking more laws, as the results thereof might be getting convicted.
Committing a Felony or Criminal Offense
All crimes are listed as either misdemeanour offences or felony offences and may result in penalties of one, or more, years of imprisonment. Committing a felony will increase the possibility of being sentenced to state’s prisons, rather than a local jail.
Other than being sentenced to jail, some states will let individuals get off by merely paying a fine, or receiving community service, depending on the severity of the criminal offence.
Getting an estate planning lawyer on your side is an important part of managing your affairs after death. The legal protections offered by an expertly crafted estate plan are crucial to making sure that your wishes are followed after your eventual death.
However life changes faster than we think and the circumstances under which an estate plan was originally created change with it. This is why it’s prudent to keep in regular contact with an estate planner so that you can make sure you and your estate plan are on the same page.
Let’s take a look at some of the top signs you need to update your estate plan.
In the case of a spouse’s death the surviving person is usually very grateful to have their affairs in order so that there can be a hassle-free transition of assets. However, the death will require a complete review of the estate plan and the objectives it follows.
If a family is left with a single parent then that parents needs to review their estate plan and consider the assets given to children and how they will minimise superannuation taxes for death benefits as well as succession planning.
If someone gets a divorce then their existing will is revoked automatically. This means that that updates to the estate plan need to commence once the decision to separate has been reached.
Often divorce will require changes like writing a new will and changing nominations for superannuation benefits. People in this situation should not wait until they are officially divorced to begin making these arrangements.
Children grow up
When children are still at school age, estate planning involves making sure assets are available to continue their education after the death of a parent. These funds are securely held in an asset and tax protective manner.
When children get older the strategies used in the estate plan are less concerned with education and are tailored towards their own family relationships.
When children reach the age of 18 they become financially independent and any superannuation death benefits paid to them will be taxed. In this case the estate plan will need to be altered in order to minimise the amount that will be taxed from payments to financially independent children.
The decision to hand over control of a family business to a child needs careful planning along with an update of the estate plan. These plans should be executed around the same time and clearly communicated with family members in order to maintain harmony between successors.