Legal

Women WorkFamily, Legal

What You Need To Know About Applying For A Visa For Your Overseas Parents

What You Need To Know About Applying For A Visa For Your Overseas Parents

For anyone living in Australia who wishes to bring their parent from overseas to live with them permanently, you are going to have questions relating to immigration policies and processes which may allow it to happen. The first point is that you can indeed bring parents from overseas to live with you in Australia, but as you would expect there are certain requirements. Read on, and you will find the requirements as advised by www.successmigration.com.au that would allow your parents from overseas to live with you in Australia.

Parent Visa Requirements

It should come as no surprise to you that as with any other kind of visa which applies to someone wishing to have permanent residency in Australia, there are requirements that have to be met. In the case of a parent visa, these requirements can be split into two types. The first group of requirements are the primary ones, and it is these which have no leeway. In other words, if these requirements are not met, then any parent visa application is likely to be refused.

Primary (Mandatory) Requirements

The first primary requirement is that in order for your overseas parents to apply for a parent visa to allow them to live with you, you must be either be [A] An Australian citizen or [B] Have permanent residency in Australia and have lived here for at least 2 years.

Whilst that first primary requirement is fairly straightforward, the second primary requirement does cause some confusion, but it is not as complicated as it might seem at first. It is called the ‘Family Balance Test’, and its criteria apply to those who have more than one child living in Australia, so if you are your parent’s only child as long as the first requirement applies you can ignore this one.

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Women WorkBusiness, Education & Employment, Legal

What Should I Know About Employment Contracts?

Employment Contracts

As an employer, it’s important to ensure you’re familiar with the finer elements of employment contracts to ensure you’re able to draft them effectively. If you don’t have a lot of experience putting together new contracts, it could be a good idea to seek advice from a qualified employment lawyer.

As employers, we understand that drafting new contracts can be confusing, especially if your prospective employee is serious about negotiating the terms and conditions of said contract. With this in mind, we’ve put together the following list of important things you have to know:

Make Sure That All New Contracts are Clear and Concise

One of the most important things when drafting a new employment contract is ensuring that everything is clear and transparent. Make sure that you don’t include ambiguous clauses or conditions which could be interpreted differently by an employee or their lawyer.

It’s particularly important to be aware of this when it comes to things like bonuses, time off, and potential pay rises. Additionally, ensure you clearly outline the basis on which the employee will be paid – will you pay a salary, hourly wage, commission, or via a piece-rate agreement?

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Women WorkLegal

Anxious over Distribution of Assets after Divorce?

Distribution of Assets

Competent Legal Counsel can help you get through the Process with the Least Stress

Divorce can often prove to be a trying and traumatic time and even with the best of intentions, it’s a process that is stressful and tense. Family Lawyers such as Davies & Co Lawyers factor in individual circumstances and help protect your best interests while guiding you through every step of the way. Divorce is the process by which a legal relationship between spouses or partners is dissolved according to law. However, the process of divorce is often complicated and overwhelming and it’s useful to have trained family lawyers looking out for you. Most ordinary folks may not be familiar with the intricacies of division of assets, child custody, rights and duties and so on. It’s important that we do not sign on documents or agree to terms without understanding the implications. A competent lawyer will explain every document and guide you on the most suitable legal options based on your individual circumstances.

Financial support plays a major role after divorce as there will be obligations to meet and bills to pay. Alimony (spousal support) may be awarded based on the relative incomes of the partners so that one partner does not feel the negative economic effects of the divorce. Spousal support may also be justified because one partner (often the women) has quit his or her career and needs time to develop skills to earn an income again. Spousal support depends on several factors including:

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Women WorkLegal

Are Financial Worries after Divorce stressing you out?

Financial Worries

A Binding Financial Arrangement can help Secure your Future

When you are married, your partner may have been dominant as far as finances were concerned. It’s a wise idea to seek legal guidance from reliable lawyers in order to secure your financial future. The reality is that many women tend to quit their jobs or leave their careers on hold after marriage in order to look after the house and children and so on. In such cases, it is even more important to ensure that property, assets and finances are distributed in a fair and equitable manner after the marriage relationship has ended. The monies are invaluable especially during the period when you begin to explore career options and look for a suitable job. A legal financial arrangement will help you pay your rent or mortgage as well as look after your needs.

A ‘binding financial agreement’ is (also known as a ‘BFA’) a written contract between you and your partner that describes the distribution of assets and property. A binding financial agreement may include one or more of the details described below:

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Women WorkLegal

How to Cope with Litigation

Cope with Litigation

If you are in business there is always the risk of litigation and this can come from anyone of the public who may be injured on your business premises or suffer in some way from the goods you sold. It can also come from staff members who may have been injured while at work carrying out their duties.

Prevention is the best cure

Other than hiring commercial lawyers to help you, the best way to cope with litigation is to prevent it from happening at all, by making sure that your premises are safe and meet all the Australian Standards required for your industry. It is also essential to have an evacuation plan and a plan for how to cope with any emergencies, such as  a chemical spill or an accidental injury.

Then if litigation is the result, the courts will see that you did everything possible to make the workplace safe and this will work in your favour. Some accidents are truly accidental and nobody’s fault. Others are more the fault of the victim than the environment.

Get insurance

The other essential to have as protection against litigation is the proper insurances. It is as important to insure for the right amount as it is to have insurance in the first place. If you’ve only insured for a small amount that won’t cover your costs, you will not be able to use it to start up again, or to continue your business.

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Women WorkLegal

What To Do About Criminal Injuries Compensation

Criminal Injuries Compensation

You will know the terror involved if you have ever been physically injured through criminal activities. It changes your life in many cases, and you can become too stressed to work or even go outside the house alone. If this has happened to you, talk to a good criminal lawyer to seek compensation. It can be some comfort to receive compensation for your suffering, including a changed lifestyle.

Most people are familiar with getting compensation from insurance, so it can be pretty amazing to know that the government has set aside a fund that pays dividends to victims of crime who have been injured. In Western Australia, this amount was increased to $75,000 in 2004, with the amount paid depending on the injuries sustained.

According to Criminal Lawyers Perth, it is paid out for –

  • Having suffered pain and mental or emotional anxiety
  • If you have lost your enjoyment of life
  • Medical expenses
  • Income loss
  • Travel expenses for medical treatment
  • Loss of clothing
  • Pregnancy expenses in the case of rape

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Women WorkLegal

Power of Attorney Explained

power-of-attorney

Power of Attorney is a legal document that appoints a specific person to manage the financial affairs of someone while they are alive. It can also appoint a trustee organisation to do the same thing. This person or organisation is chosen by the person whose business affairs they will administer. They can be a family member, trusted friend or another person such as a family lawyer like Robertson Hayles. You cannot appoint a Power of Attorney unless you are over 18.

Why you may need an attorney

If you are going to be out of the country or really busy doing something else, you will need an Attorney to see to all your business affairs. Or if you want to buy or sell property overseas without having to go there, you can give Power of Attorney to a person you trust who can travel or who already lives there and they can do the deal on your behalf.

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Women WorkLegal

The Divorce and Your Will

The Divorce and Your Will

A Will is a legal document that ensures your assets are given to the children, or whoever else you designate as a beneficiary. When you have just gone through the stress of a divorce, making a Will is probably the last thing on your mind, but it is one of the most important things to take care of – with the help of a family lawyer, now that you are on your own and very likely have custody of the children. Taking care of them by ensuring they get what assets you have should the worst happen, is paramount to their well-being.

Any Will that you made with your ex is now invalid and both he and you need to make new ones that takes into account your new circumstances. You will have certain assets from the marriage or partnership that need to be taken care of in a Will, if your children are to be the recipients. Of course, they may be too young yet to have full access, but if you have financial assets, you can set up a trust that will take care of their needs until they become of age. That way they will still have enough money for their education and all the things that you have planned for their future.

You might want to also make your wishes known about future care of the children if you are not there to look after them.

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Women WorkLegal, Property

Why a Pre-Settlement Inspection is Essential

Pre-Settlement Inspection

Anyone who purchases a home will be eagerly anticipating settlement so they can move in. They will have already inspected the property themselves and had all the necessary inspections done for things like termite damage, other possible damage or illegal additions. So what is the pre-settlement inspection and why is it essential?

When the contracts for the buying and selling of the house are drawn up, there will often be inclusions such as specific curtains and light fittings or other goods and chattels. If there is obvious damage of some kind it is usually mentioned and if the vendor does not agree to have it repaired, the cost is usually taken off the sale price.

The contracts for the deal must be exchanged, but that is not the time when ownership of the home passes to you. First, a settlement date and time must be set for the payment to go ahead and the title deeds to be exchanged. After consulting a lawyer’s list to find a lawyer or conveyancer will take care of this and the date is usually 42 days after the contracts were exchanged.

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Women WorkLegal

Steps to Contesting a Will

contesting-a-will

While a person who makes a Will has a right to dispose of their property as they see fit, they still have a responsibility to care for their family financially. Even though courts are very wary of changing a Will, it can be done in certain circumstances or when specific criteria come into play. Here are some of the reasons that a court will allow contesting of a Will.

  • If the Will was not properly written or if it seems that it may have been tampered with.
  • If the Will was found to be an old one and another one is the latest version.
  • If the person who made the Will was wrongly influenced by another person.
  • If the Will maker lacked mental capacity at the time of making the Will.
  • If the Will did not make proper provision to the family.
  • If the meaning of the Will is unclear

If you know of any of the above happening, you need to contact your lawyer immediately to have the matter looked into. However, in the case of the Will not making proper provision for the family, it would be quite clear if this was the case and so all that remains is to inform a wills lawyer like Perth Wills Lawyer what you want done.

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Women WorkLegal

Property and Financial Settlements after Divorce

Property and Financial Settlements after Divorce

When a relationship breaks down irretrievably it leads to separation for 12 months and then divorce. No matter who you are, if you want a divorce you have to separate for 12 months first, but in fact, you can still live in the same house. Whether this happens or not, it is wise to seek fair and equitable distribution of property and finances after the divorce, through a family law firm.

Divorce is stressful – sometimes it is even traumatic. This often causes a woman to agree to almost anything so long as she never has to see or speak to her ex again. If you are feeling like this it is wise to seek professional counselling and support from trusted friends. It is not wise to agree to anything when it comes to division of assets. If your ex is bitter, he is sure to try and con you out of your fair share and you may not even know it – or care, until later on when you’ve had time to recover emotionally.

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Women WorkLegal

Why Should You Have an Estate Plan?

Estate Plan

People who don’t have an estate plan often don’t realise the impact that this will have should they die. While it may be many years before this unfortunate event occurs, no one can be really sure so it is wise to contact your family or experienced commercial lawyers to draw up such a plan to protect your assets. An estate plan does even more than protect assets, of course. It can also detail how you want to be taken care of should you no longer be able to tell anyone, such as in the case of a stroke or debilitating injury. Here is how an estate plan can help you.

  • It will identify all those loved ones you wish to benefit by giving them some of your assets. Without an estate plan, this is unlikely to happen.
  • An estate plan will ensure that your assets and property are transferred to your heirs as soon as possible and for as little cost as possible.
  • It minimises the amount of tax your estate will have to pay before it can be transferred to your family or other beneficiaries.
  • It can utilise aids such as living trusts and special bank accounts to reduce the amount of time before a beneficiary receives your assets and it can also reduce the costs of probate.

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Women WorkLegal

What is the Family Court

Family Court

The Family Court of Australia services all families in need of legal advice from a experienced family lawyer or help in legal matters pertaining to the family.  This includes parenting, child care, child welfare and many cases that originate in the breakdown of a relationship and end in divorce. They offer a great deal of information and help on their website, through which you can apply for a divorce, for custody of the children, for settlement of assets and even for restraining orders against your ex, if he is harassing you in any way.

It was established by Parliament in 1975 and its judges and other staff have helped families with many complex problems ever since. Most of its services are free, but if you apply for a divorce, there is a fee, although this can be reduced for those that qualify. If you feel in need of help, you will find that the family court offers it without judgement, being respectful of your needs as well as those of your spouse and other family members.

This gives you the assurance that matters dear to your heart can be resolved equitably and fairly and with the least stress possible. For instance, if you have to apply for a restraining order against an ex who is harassing you, the first hearing will be done privately without his presence and the police will serve it, so you won’t need to see him face to face. If your ex is abusive and violent, your address will be kept private from him so that you can have peace of mind he won’t know where you live.

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Women WorkFamily, Legal

What to do About Domestic Violence

Domestic Violence

It is all too common today for women to become victims of domestic violence. The trouble is that they are often reluctant to seek help because that would mean revealing what they consider to be their own weakness and fault. This is because the very nature of such violence is directed at dominating them and making them feel that it is all their fault.

They feel ashamed to think they are the kind of person who has made their spouse abuse them. This is entirely wrong of course. None of it is their fault. And the only way to be safe is to get out of the relationship and stay out. To avoid the need for criminal lawyers, once you make the break, never go back because that just makes it more difficult to escape the second time. Your life could be in danger, not to mention the lives of your children.

So what’s the first thing to do if you are a victim of domestic violence in the form of physical abuse?

  • Seek support from family and friends. This can be difficult because part of such abuse lies in alienating you from them.
  • Call 000 and report the abuse the next time it happens. Get medical attention and have photos taken of your injuries.

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Women WorkLegal

Four Principles of Criminal Law

Criminal Law

Criminal law is quite different from civil law where the people of both sides are not criminals, or not being tried for a criminal offence. Criminal lawyers will tell you that they deal with the offences of breaking laws and seek to find out if a person is guilty or not. If they are, they must be convicted and the judge must set a punishment for them.

There are four basic principles in criminal law –

  • The presumption of innocence. A person is presumed innocent until they are proven guilty. So even if they’ve been charged with the offence in question, it doesn’t mean they are guilty and they cannot be punished until the proof shows they are guilty. The judge, a magistrate or a jury must listen to all the evidence and decide whether the person is guilty or innocence.  If there is reasonable doubt that they are guilty they must be acquitted of the offence.

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Women WorkLegal

What are Consent Order Applications

custody of the children

When you and your spouse split up there are many decisions to be made and one of the most important ones is who gets custody of the children, and what will be the visiting rights of the one who doesn’t. Child maintenance must be worked out, along with the care and welfare of the children both in the present and the future.

It is important to do this in a way that is not stressful to the children. Often, children feel guilty when their parents split up, thinking that something they did or said caused it. They feel torn between the two and are devastated that they have to choose between the two people they love most in the world. That is usually the situation, but in the case of violence things will necessarily be different.

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Women WorkEducation & Employment, Legal

Dispute Resolution in the Workplace

Dispute Resolution in the Workplace

Resolving disputes that arise in the workplace is essential if work is to get done and employees are to be treated fairly.  There can be many kinds of disputes, from safety issues through to unfair work practices, harassment and more. Such disputes can escalate from being between two people to dividing the whole staff into different camps and totally interfering with work, so the need for quick resolution is paramount.

However, reaching a resolution may not be that easy. There are several ways it can be done:

  1. Through negotiation between affected parties.
  2. Through mediation with a neutral third party, usually an independent mediator who helps to clarify issues so that the parties can reach an agreement both are happy with.
  3. Through arbitration where an independent arbiter such as a court or judge settles the matter the way they think fit and makes a binding legal decision to see it is carried out.

These days every award includes a clause which sets out how dispute resolution should be carried out. In most cases certain steps must be followed:

  1. Employees must meet with their supervisor to discuss the grievance.
  2. If that doesn’t resolve the matter, senior management must be called in.
  3. Failing resolution, the employer refers the problem to management at a higher or national level.
  4. If no resolution is forthcoming any or all of the parties may take the grievance to the Fair Work Commission.
  5. The employee or employer may appoint another person to be their representative at this point.

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Women WorkLegal

Can You get Out of Your Contract to Purchase a Used Car?

Used Car

Contracts form part of our everyday life and we may not even be aware of it. For instance, when you buy a car you have to sign on the dotted line – and what you sign is actually a contract. It is a legally binding agreement that you bought a specific car in a certain condition of which you were aware, for a certain sum of money. It details how much the repayments will be, when they will be due and how long it will take to pay off.

What contracts contain

Basically, most contracts contain similar information, although it does depend on what they are about. For instance, a work contract will be different from a contract to purchase a car. The work contract details how many hours you will work, for whom and how much you will be paid. It will usually give details about holidays, when they are due and how long they are for.

Many contracts have certain agreements in them due to the requirements of the law. For instance, work contracts should include a clause on how dispute resolution should be carried out.

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Women WorkLegal

Steps From Separation To Trial

Separation To Trial

When there is trouble in a relationship a separation may help both people to sort out their problems and decide whether to get a divorce or to try again. Some people may consider that a separation is simply an essential step to go through so you can apply for a divorce. A family lawyer can help you get through this time with advice on what to do. Others feel that by separating for a few months, their differences could be worked out.

If this is so for you and your spouse, it is wise to put a time limit on the separation, otherwise it is likely to drag on and your lives will become separated to the extent they cannot be put back together. There are several other things to work out for this kind of separation.

  • Who will leave the family home
  • With whom will the children stay
  • Who will pay major bills such as the mortgage
  • Whether you will see each other during the separation and if so, for how long
  • Whether the children will see their other parent during the separation
  • If you will both attend counselling.

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Women WorkLegal

How Estate Planning can Help Your Family

Estate Planning

Estate planning is more than just making a Will; it is making decisions about the distribution of your assets, including superannuation, after you have died, so that your family will be cared for and so that the amount of tax and other costs is minimised. While no one wants to think about dying, it is an unavoidable part of life and if you prepare for it ahead of time your family will have much less stress to contend with.

In addition, your wishes about the distribution of your assets will be carried out, with your beneficiaries getting what you determine they should have. If you die intestate – without a will – this is unlikely to happen. In fact, with the complexities of families these days there could be a great deal of argument between all the family members, each wanting to get a share, or perhaps more than their fair share.

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Women WorkLegal

What are Restraining Orders?

restraining-orders

Many women seem to get tangled up in an abusive relationship. Often they are vulnerable in some way and are the victim of a predator or a con man who can put on a good, caring act to start with. These men are simply using their partners, who may be better off financially than they are, or able to offer a place for them to move into.

Whatever the reason for the abuse, a restraining order is a legal document that prevents an abuser from coming close enough to continue the abuse after the relationship ends.  At least, that is the theory. In reality, the abuser can break the conditions and still cause harm to the victim. The only real benefit is that he can then be prosecuted.

Two different types

There are two different types of restraining order; a violence restraining order (vro) and a misconduct restraining order (mro). If you are afraid of violence against your person, then the former order is the one to apply for. If you are only concerned about misconduct that does not include personal violence, apply for a misconduct restraining order. In some states, the former may be called an Apprehended Violence Order, or AVO.

In both cases the penalty for disobeying the orders can be a fine or gaol time.

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Women WorkLegal

The Legal Process of Surrogacy

Legal Process of Surrogacy

There are two types of surrogacy available for women who cannot have children for whatever reason. Laws about surrogacy vary in different states so consult your family lawyer to find out what’s legal in your state. Surrogacy brings hope to those couples who want a child that belongs to at least one of them genetically instead of adopting one, but cannot have one in the natural way. There are two types of surrogacy.

  • The first and traditional way is when your spouse’s sperm is implanted into the surrogate mother using her own egg. This makes the surrogate the baby’s biological mother, even though she is carrying the child for another person.
  • The second is when your own egg is fertilised by your spouse out of the uterus and implanted into the surrogate. This is referred to as a gestational surrogacy and the woman who carries the child has no genetic ties to it, since her egg was not used. She is called the birth mother.

The legalities of both are somewhat confusing in Australia, mainly because the law differs from state to state. And as technology changes the law changes too. However, generally speaking the gestational surrogacy is the easiest path to navigate legally, since both parents are genetically tied to the child while the birth mother is not.

Even so, it is a good idea for those who take either route to ensure they can become parents to seek the help of an experienced surrogacy lawyer to write up a legal contract – an agreement about who the parents are genetically and who will claim the child as their own when it is born.

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Women WorkFamily, Legal

How to Help Your Child Cope with the Divorce

Help Your Child Cope with the Divorce

Divorce is often full of bitter recriminations and finding fault. While this is difficult for both parents to go through, it is even harder for children, especially if they hear you fighting over them. They think they have done something wrong and are the cause of the divorce. Then they have to cope with feelings of guilt as well as the anxiety and despair of their parents divorcing.

It is essential to help your child cope with divorce if they are to come out of it relatively unscathed. Sometimes it takes years for a child to get over their parent’s divorce and if they are young at the time they will suffer a great deal throughout their life unless you take charge of the situation to help them. Here are some tips to help your help your child cope.

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