# Legal Advice

> LegalAdvice.com.au helps Australians find lawyers and start free legal enquiries across every major practice area. NSW motor accident and CTP injury enquiries are handled on the dedicated CTP site.

This file is a curated map for language models. Prefer these URLs over scraping HTML. For search and document fetch across the corpus, use the Content search MCP below. Content is general information, not legal advice. Staff/admin portals are out of scope.

## Start here

- [Home](https://www.legaladvice.com.au/): Australian legal enquiry and lawyer referral home
- [Free legal enquiry](https://www.legaladvice.com.au/enquiry): Submit a free enquiry for referral to a lawyer
- [Browse legal areas](https://www.legaladvice.com.au/legal): Practice-area directory
- [States & territories](https://www.legaladvice.com.au/states): State-specific legal advice landing pages
- [Articles](https://www.legaladvice.com.au/articles): Editorial legal articles
- [FAQs](https://www.legaladvice.com.au/faqs): Common questions about the service
- [About](https://www.legaladvice.com.au/about): About Legal Advice
- [Contact](https://www.legaladvice.com.au/contact): Contact details

## Content search MCP (preferred for AI agents)

For programmatic retrieval, prefer the LegalAdvice Content Search MCP over scraping HTML. It indexes the same corpus this file maps: CTP blogs, www articles, legal-area guides, categories, states, and resources.

- [MCP discovery (llms.txt)](https://content-search.legaladvice.com.au/llms.txt): Machine-readable MCP capabilities, tools, sources, and connect instructions
- [MCP endpoint (Streamable HTTP)](https://content-search.legaladvice.com.au/mcp): Model Context Protocol server — Bearer API key required
- [MCP health](https://content-search.legaladvice.com.au/health): Public liveness probe (no auth)
- [Request MCP API access](https://www.legaladvice.com.au/contact): Contact Legal Advice to obtain a CONTENT_SEARCH_MCP_API_KEY

### MCP tools

- `search_content` — federated search across CTP/www content (`query`, optional `sources`, `limit`, `include_content`)
- `get_content` — fetch one document by `path` or `slug` (optional `source`)
- `list_content_sources` — describe indexed sources and base URLs

### MCP sources

- `ctp` — NSW CTP blogs, FAQs, accident types, claim options (`ctp.legaladvice.com.au`)
- `www` — editorial articles (`/articles`)
- `www_pi` — NSW personal-injury engine guides (`/pi/...`)
- `legal_area` — practice-area guides (`/legal/[slug]`)
- `www_category` — category hub metadata
- `www_state` — state landing pages (`/states/[slug]`)
- `www_resource` — resource directories (`/resources/[slug]`)

### Example Cursor / MCP client config

```json
{
  "mcpServers": {
    "legaladvice-content-search": {
      "url": "https://content-search.legaladvice.com.au/mcp",
      "headers": {
        "Authorization": "Bearer <CONTENT_SEARCH_MCP_API_KEY>"
      }
    }
  }
}
```

Auth is static Bearer API key (OAuth is not supported). Staff portal studio: `/portal/content-search` (not for public crawlers).

## NSW CTP & motor accidents

- [NSW CTP claim enquiry](https://ctp.legaladvice.com.au): Injured in an NSW road accident — start a CTP enquiry
- [Motor accidents (main site)](https://www.legaladvice.com.au/legal/motor-accidents): Motor accident compensation overview; CTP enquiries go to the CTP site
- [CTP accident types](https://ctp.legaladvice.com.au/#accident-types): Car, motorcycle, pedestrian, bicycle, passenger, hit-and-run
- [CTP claim options](https://ctp.legaladvice.com.au/#claim-options): Treatment, income loss, care, rehabilitation, and more
- [CTP FAQs](https://ctp.legaladvice.com.au/faq): Common NSW CTP enquiry questions
- [CTP blog](https://ctp.legaladvice.com.au/blog): NSW CTP guides and articles

## Popular legal areas

- [Accidents & Compensation](https://www.legaladvice.com.au/legal/accidents-compensation): Legal help for accident and compensation claims across Australia.
- [Bankruptcy & Insolvency](https://www.legaladvice.com.au/legal/bankruptcy-insolvency): Personal and business bankruptcy, debt agreements, and insolvency advice.
- [Business Law](https://www.legaladvice.com.au/legal/business-law): Commercial contracts, business structures, disputes, and corporate advice.
- [Civil Litigation](https://www.legaladvice.com.au/legal/civil-litigation): Court proceedings for civil disputes and damages claims.
- [Contract Law](https://www.legaladvice.com.au/legal/contract-law): Contract drafting, breach, and enforcement across all industries.
- [Criminal Law](https://www.legaladvice.com.au/legal/criminal-law): Defence for criminal charges including assault, fraud, and traffic matters.
- [Divorce](https://www.legaladvice.com.au/legal/divorce): Divorce applications, property settlement, and parenting arrangements.
- [Employment Law](https://www.legaladvice.com.au/legal/employment-law): Unfair dismissal, workplace discrimination, and employment contracts.
- [Family Law & Relationships](https://www.legaladvice.com.au/legal/family-law-relationships): Divorce, separation, child custody, property settlement, and spousal maintenance.
- [Medical Negligence](https://www.legaladvice.com.au/legal/medical-negligence): Claims for injuries caused by medical errors, misdiagnosis, or surgical mistakes.
- [Motor Accidents](https://www.legaladvice.com.au/legal/motor-accidents): NSW road accident injuries — explore CTP support via our dedicated enquiry site. Plain-English guidance and callback support; outcomes depend on your circumstances.
- [Negligence](https://www.legaladvice.com.au/legal/negligence): Negligence claims for injury and loss caused by another's failure to take care.
- [Personal Injury](https://www.legaladvice.com.au/legal/personal-injury): Legal help for injuries caused by accidents, negligence, or wrongful acts.
- [Property Law](https://www.legaladvice.com.au/legal/property-law): Conveyancing, property disputes, leasing, and real estate transactions.
- [Wills, Estates & Probate](https://www.legaladvice.com.au/legal/wills-estates-probate): Will drafting, estate planning, probate, and contested wills.
- [Workers Compensation](https://www.legaladvice.com.au/legal/workers-compensation): Claims for workplace injuries, disease, and psychological injury.

## All legal areas

- [Administrative Law](https://www.legaladvice.com.au/legal/administrative-law): Challenges to government decisions, tribunal appeals, and judicial review.
- [Alternative Dispute Resolution](https://www.legaladvice.com.au/legal/alternative-dispute-resolution): Mediation, arbitration, and negotiated settlement of legal disputes.
- [Apprehended Violence Orders](https://www.legaladvice.com.au/legal/apprehended-violence-orders): AVO applications, defence, and variations in NSW and other states.
- [Aviation Law](https://www.legaladvice.com.au/legal/aviation-law): Aviation accidents, regulatory compliance, and airline liability matters.
- [Banking & Finance](https://www.legaladvice.com.au/legal/banking-finance): Banking disputes, lending, and financial services regulation.
- [Building & Construction](https://www.legaladvice.com.au/legal/building-construction): Construction disputes, defective building work, and contract variations.
- [Children & the Law](https://www.legaladvice.com.au/legal/children-the-law): Legal matters affecting children including care, protection, and welfare.
- [Citizenship & Immigration](https://www.legaladvice.com.au/legal/citizenship-immigration): Citizenship applications, visas, and migration advice.
- [Civil & Political Rights](https://www.legaladvice.com.au/legal/civil-political-rights): Protection of civil liberties and political rights under Australian law.
- [Commercial Law](https://www.legaladvice.com.au/legal/commercial-law): Commercial transactions, agreements, and business disputes.
- [Commercial Leasing](https://www.legaladvice.com.au/legal/commercial-leasing): Retail and commercial lease negotiations, disputes, and renewals.
- [Commercial Litigation](https://www.legaladvice.com.au/legal/commercial-litigation): Litigation arising from commercial and business relationships.
- [Computer Law](https://www.legaladvice.com.au/legal/computer-law): IT contracts, software licensing, and technology disputes.
- [Constitutional Law](https://www.legaladvice.com.au/legal/constitutional-law): Constitutional rights, federal-state relations, and high court matters.
- [Consumer Credit](https://www.legaladvice.com.au/legal/consumer-credit): Credit contracts, lending disputes, and consumer finance rights.
- [Consumer Protection](https://www.legaladvice.com.au/legal/consumer-protection): Disputes with businesses, faulty products, and misleading conduct.
- [Conveyancing](https://www.legaladvice.com.au/legal/conveyancing): Property transfers, settlements, and title searches.
- [Corporate Law](https://www.legaladvice.com.au/legal/corporate-law): Company formation, governance, and corporate compliance.
- [Court Appearances](https://www.legaladvice.com.au/legal/court-appearances): Representation and advocacy for court hearings and appearances.
- [Cyberspace Law](https://www.legaladvice.com.au/legal/cyberspace-law): Online defamation, cybercrime, and internet regulation.
- [De Facto Relationships](https://www.legaladvice.com.au/legal/de-facto-relationships): Property and financial matters for de facto couples.
- [Debt Recovery](https://www.legaladvice.com.au/legal/debt-recovery): Recovery of unpaid debts through negotiation and court action.
- [Defamation](https://www.legaladvice.com.au/legal/defamation): Legal action for defamatory statements published online, in media, or verbally.
- [Discrimination, Bullying & Harassment](https://www.legaladvice.com.au/legal/discrimination-bullying-harassment): Workplace and public discrimination, bullying, and harassment claims.
- [Drink Driving](https://www.legaladvice.com.au/legal/drink-driving): Drink driving charges, licence appeals, and sentencing.
- [Driving Offences](https://www.legaladvice.com.au/legal/driving-offences): Traffic offences, licence suspensions, and demerit points.
- [E-Commerce](https://www.legaladvice.com.au/legal/e-commerce): Online business regulation, consumer rights, and digital contracts.
- [Education Law](https://www.legaladvice.com.au/legal/education-law): School disputes, university matters, and education rights.
- [Energy & Natural Resources](https://www.legaladvice.com.au/legal/energy-natural-resources): Mining, energy projects, and natural resources regulation.
- [Entertainment Law](https://www.legaladvice.com.au/legal/entertainment-law): Film, music, media contracts, and entertainment industry disputes.
- [Environmental Law](https://www.legaladvice.com.au/legal/environmental-law): Environmental compliance, pollution claims, and planning disputes.
- [Equity & Trusts](https://www.legaladvice.com.au/legal/equity-trusts): Trust administration, beneficiary rights, and equitable remedies.
- [Farming & Agriculture](https://www.legaladvice.com.au/legal/farming-agriculture): Rural property, agribusiness contracts, and farming disputes.
- [Franchising](https://www.legaladvice.com.au/legal/franchising): Franchise agreements, disputes, and ACCC compliance.
- [Freedom of Information](https://www.legaladvice.com.au/legal/freedom-of-information): Access to government information under FOI legislation.
- [Health Law](https://www.legaladvice.com.au/legal/health-law): Healthcare regulation, provider disputes, and patient rights.
- [Housing, Property & Development](https://www.legaladvice.com.au/legal/housing-property-development): Property development, planning approvals, and housing disputes.
- [Human Rights](https://www.legaladvice.com.au/legal/human-rights): Human rights complaints and anti-discrimination matters.
- [Immigration](https://www.legaladvice.com.au/legal/immigration): Visa applications, citizenship, deportation appeals, and migration advice.
- [Industrial Relations](https://www.legaladvice.com.au/legal/industrial-relations): Enterprise agreements, industrial action, and workplace relations.
- [Information Technology](https://www.legaladvice.com.au/legal/information-technology): IT contracts, data protection, and technology disputes.
- [Inheritance](https://www.legaladvice.com.au/legal/inheritance): Inheritance disputes, estate distribution, and family provision claims.
- [Insurance](https://www.legaladvice.com.au/legal/insurance): Insurance claims, policy disputes, and denied coverage matters.
- [Intellectual Property](https://www.legaladvice.com.au/legal/intellectual-property): Trademark, copyright, patent protection, and IP disputes.
- [International Law & Trade](https://www.legaladvice.com.au/legal/international-law-trade): Cross-border trade, import/export, and international commercial law.
- [Licensing](https://www.legaladvice.com.au/legal/licensing): Business licences, liquor licences, and regulatory approvals.
- [Liquor, Gaming & Lotteries](https://www.legaladvice.com.au/legal/liquor-gaming-lotteries): Liquor, gaming, and lottery licensing and compliance.
- [Local Government](https://www.legaladvice.com.au/legal/local-government): Council decisions, development applications, and local government law.
- [Maritime & Admiralty](https://www.legaladvice.com.au/legal/maritime-admiralty): Shipping accidents, maritime contracts, and admiralty claims.
- [Media & Broadcasting](https://www.legaladvice.com.au/legal/media-broadcasting): Broadcasting regulation, media contracts, and content disputes.
- [Mediation Services](https://www.legaladvice.com.au/legal/mediation-services): Professional mediation for civil, commercial, and family disputes.
- [Medicine & Pharmacy](https://www.legaladvice.com.au/legal/medicine-pharmacy): Medical practitioner regulation and pharmacy law matters.
- [Mergers & Acquisitions](https://www.legaladvice.com.au/legal/mergers-acquisitions): Business sales, acquisitions, and due diligence.
- [Military Law](https://www.legaladvice.com.au/legal/military-law): Defence force legal matters and military justice.
- [Mining](https://www.legaladvice.com.au/legal/mining): Mining leases, exploration rights, and resources regulation.
- [Mortgages & Securities](https://www.legaladvice.com.au/legal/mortgages-securities): Mortgage disputes, secured lending, and foreclosure matters.
- [Native Title](https://www.legaladvice.com.au/legal/native-title): Native title claims, land rights, and indigenous heritage matters.
- [Notary Public Services](https://www.legaladvice.com.au/legal/notary-public-services): Document notarisation and international certification services.
- [Patents & Inventions](https://www.legaladvice.com.au/legal/patents-inventions): Patent applications, invention protection, and IP enforcement.
- [Powers of Attorney & Enduring Guardian](https://www.legaladvice.com.au/legal/powers-of-attorney-enduring-guardian): Enduring powers of attorney and guardianship appointments.
- [Privacy Law](https://www.legaladvice.com.au/legal/privacy-law): Privacy breaches, data protection, and confidentiality disputes.
- [Product Liability](https://www.legaladvice.com.au/legal/product-liability): Claims for injury or damage caused by defective products.
- [Science & Biotechnology](https://www.legaladvice.com.au/legal/science-biotechnology): Biotech patents, research agreements, and scientific regulation.
- [Space Law](https://www.legaladvice.com.au/legal/space-law): Satellite, aerospace, and space industry legal matters.
- [Sports Law](https://www.legaladvice.com.au/legal/sports-law): Athlete contracts, sporting disputes, and governance matters.
- [Superannuation](https://www.legaladvice.com.au/legal/superannuation): Superannuation disputes, TPD claims, and fund administration.
- [Taxation](https://www.legaladvice.com.au/legal/taxation): Tax disputes, ATO audits, GST matters, and tax planning advice.
- [Telecommunications](https://www.legaladvice.com.au/legal/telecommunications): Telecom contracts, licensing, and regulatory compliance.
- [Tenancy](https://www.legaladvice.com.au/legal/tenancy): Residential and commercial tenancy disputes and evictions.
- [Tourism & Travel](https://www.legaladvice.com.au/legal/tourism-travel): Travel contracts, tourism regulation, and hospitality disputes.
- [Trade Practice](https://www.legaladvice.com.au/legal/trade-practice): Competition law, misleading conduct, and ACCC matters.
- [Trademark](https://www.legaladvice.com.au/legal/trademark): Trademark registration, infringement, and brand protection.
- [Transport & Traffic](https://www.legaladvice.com.au/legal/transport-traffic): Transport industry regulation, logistics, and traffic law.
- [Victims Compensation](https://www.legaladvice.com.au/legal/victims-compensation): Victims of crime compensation schemes across Australian states.

## States & territories

- [New South Wales Legal Advice](https://www.legaladvice.com.au/states/new-south-wales): Legaladvice.com.au covers all areas and laws within and throughout New South Wales and helps all residents of New South Wales obtain the legal advice and assist…
- [Victoria Legal Advice](https://www.legaladvice.com.au/states/victoria): Legaladvice.com.au covers all areas and laws within and throughout Victoria and helps all residents of Victoria obtain the legal advice and assistance they requ…
- [Queensland Legal Advice](https://www.legaladvice.com.au/states/queensland): Legaladvice.com.au covers all areas and laws within and throughout Queensland and helps all residents of Queensland obtain the legal advice and assistance they…
- [South Australia Legal Advice](https://www.legaladvice.com.au/states/south-australia): Legaladvice.com.au covers all areas and laws within and throughout South Australia and helps all residents of South Australia obtain the legal advice and assist…
- [Western Australia Legal Advice](https://www.legaladvice.com.au/states/western-australia): Legaladvice.com.au covers all areas and laws within and throughout New South Wales and helps all residents of New South Wales obtain the legal advice and assist…
- [Tasmania Legal Advice](https://www.legaladvice.com.au/states/tasmania): Legaladvice.com.au covers all areas and laws within and throughout Tasmania and helps all residents of Tasmania obtain the legal advice and assistance they requ…
- [Australian Capital Territory Legal Advice](https://www.legaladvice.com.au/states/australian-capital-territory): Legaladvice.com.au covers all areas and laws within and throughout Australian Capital Territory and helps all residents of Australian Capital Territory obtain t…
- [Northern Territory Legal Advice](https://www.legaladvice.com.au/states/northern-territory): Legaladvice.com.au covers all areas and laws within and throughout Northern Territory and helps all residents of Northern Territory obtain the legal advice and…

## Resources

- [Legal resources hub](https://www.legaladvice.com.au/resources): Directories of Australian and international legal resources
- [Victoria Legal Resources](https://www.legaladvice.com.au/resources/resources-victoria)
- [Tasmania Legal Resources](https://www.legaladvice.com.au/resources/resources-tasmania)
- [Queensland Legal Resources](https://www.legaladvice.com.au/resources/resources-queensland)
- [South Australia Legal Resources](https://www.legaladvice.com.au/resources/resources-south-australia)
- [New South Wales Legal Resources](https://www.legaladvice.com.au/resources/resources-new-south-wales)
- [Western Australia Legal Resources](https://www.legaladvice.com.au/resources/resources-western-australia)
- [Northern Territory Legal Resources](https://www.legaladvice.com.au/resources/resources-northern-territory)
- [ACT Legal Resources](https://www.legaladvice.com.au/resources/resources-act)
- [Australian Legal Resources](https://www.legaladvice.com.au/resources/resources-australia)
- [Community Legal Information](https://www.legaladvice.com.au/resources/resources-community)
- [Legal Resources in Other Countries](https://www.legaladvice.com.au/resources/resources-international)
- [Law Blogs](https://www.legaladvice.com.au/resources/resources-law-blogs)
- [Legal Search Engines](https://www.legaladvice.com.au/resources/resources-search-engines)
- [Law Journals](https://www.legaladvice.com.au/resources/resources-law-journals)
- [Australian Newspapers](https://www.legaladvice.com.au/resources/resources-australian-newspapers)
- [RSS Feeds for Legal Topics](https://www.legaladvice.com.au/resources/resources-rss-feeds)

## Optional

- [Locations](https://www.legaladvice.com.au/locations): Location directory
- [Search](https://www.legaladvice.com.au/search): Site search
- [Testimonials](https://www.legaladvice.com.au/testimonials)
- [Lawyers and the law](https://www.legaladvice.com.au/lawyers-and-law)
- [Privacy](https://www.legaladvice.com.au/privacy)
- [Terms](https://www.legaladvice.com.au/terms)
- [Sitemap](https://www.legaladvice.com.au/sitemap)
- [Full LLM context](https://www.legaladvice.com.au/llm-full.txt): Expanded plain-text companion with legal-area body copy
- [llms.txt (standard path)](https://www.legaladvice.com.au/llms.txt): Same content as /llm.txt
- [Content search MCP discovery](https://content-search.legaladvice.com.au/llms.txt): MCP tools, sources, and connect instructions

---

# Legal Advice — full context

> Expanded plain-text excerpts for legal-area guides also indexed by the LegalAdvice Content Search MCP (`legal_area` source). Truncated for size; prefer live pages or MCP `get_content` for full documents.

## Site notes

- www.legaladvice.com.au: lawyer referral and free enquiries across Australian legal areas.
- ctp.legaladvice.com.au: NSW Compulsory Third Party (CTP) / motor accident injury enquiries.
- Content Search MCP: https://content-search.legaladvice.com.au/mcp — tools `search_content`, `get_content`, `list_content_sources` (Bearer API key). Discovery: https://content-search.legaladvice.com.au/llms.txt
- Portal and admin routes are not for public LLM use.

## Legal area guides

### Accidents & Compensation Lawyers

Source: https://www.legaladvice.com.au/legal/accidents-compensation

Legal help for accident and compensation claims across Australia.

If you have suffered an accident or an injury then you may be able to pursue a personal injury claim, Wherever it was - at work, on the road or out in the public, Accidents and Compensation Lawyers can help. There are many different types of Accident Compensation claims. An extensive list is provided at the bottom of this page. Basically, the 3 most common types of Accident Compensation claims are: Motor Accident Compensation Workers Compensation Claims Public Liability Claims & Negligence Claims If you have suffered an accident or an injury then you may be able to pursue a personal injury claim, Wherever it was - at work, on the road or out in the public, Accidents and Compensation Lawyers can help. To find out if you are entitled to claim compensation for your accident, please complete your free legal enquiry form . (1) Motor Accident Compensation or Road traffic accident compensation claims You may have been involved in a road traffic accident in the following situations: The driver of a vehicle (such as a car, van, bus, truck and other motor vehicles) involved in a road accident caused by another driver. The rider of a motorcycle/motorbike or as a passenger involved in a motorbike accident. A passenger in a vehicle involved in a road traffic accident caused by either the driver of the vehicle you were travelling in or by another driver, e.g. passenger in a taxi, passenger on a bus or travelling in a friend's car. A pedestrian or a cyclist hit by a vehicle. To find out if you are entitled to claim compensation for your accident, please complete your free legal enquiry form . Injuries from road traffic accidents A common injury from a road traffic accident is Whiplash, which is caused by a sudden and unexpected jolt, for example from your car being hit from behind. Some common symptoms for whiplash include neck pain, headaches, shoulder pain, back pain, loss of feeling in arms or hands and dizziness. It is advisable to seek medical advice from your GP or local hospital as soon as possible following any injury. If you have suffered an accident or an injury then you may be able to pursue a personal injury claim, Wherever it was - at work, on the road or out in the public, Accidents and Compensation Lawyers can help. To find out if you are entitled to claim compensation for your accident, please complete your free legal enquiry form . (2) Accident at work and injury at work compensation claims Accidents or Injuries in the workplace can occur through many hazards. Some typical examples of work accidents include the following: Back injuries from heavy lifting and/or excessive strain due to excessive workload Involved in a forklift truck (FLT) accident. Construction site accidents, including scaffolding accidents and ladder accidents. Slipping accidents at work, e.g. slipped on a wet floor with no warning sign. Tripped over a cable. Not been provided with protective equipment. Had a road accident whilst delivering goods. Used unsuitable or faulty equipment provided by the employer. Manual handling injuries, e.g. had to lift heavy objects which caused an injury. Been provided with inadequate training. Been injured as a result of mistakes made by other employees or other people. Some other common accidents at work, some of which have already been mentioned above,include: Slip/Trip Injuries, Back Injury due to Lifting Objects, Forklift Truck Accidents, Scaffolding Accidents, Factory Accidents, Vibration White Finger, Asbestos Related Disease, Industrial Dermatitis Disease, Industrial Deafness, Accidents due to Inadequate Training Find out if your entitled to claim compensation for your work injury by completing your free online legal enquiry form on the right . (3) Public Liability or Personal Injury Claims If you have been involved in an accident in a public place and suffered a personal injury you may be entitled to make a public liability compensation claim. Slip trip and fall accident compensation claims If you have been injured in a public place, and it wasn’t your fault then you could be entitled to make a compensation claim. If you have suffered an injury in a shop, supermarket or anywhere outside your home then you could be entitled to make a compensation claim. If you have been involved in an accident of any description that was not your fault and you have suffered a personal injury as a result, please complete our free online legal enquiry form on the right . Total and Permanent Disability Compensation Claims If you become Totally and Permanently Disabled, you can claim your superannuation early. Most superannuation funds also have a TPD insurance component. Therefore in addition to receiving your super early, you may be entitled to a lump sum payout through the TPD insurance component. For more information click here: Total and Permanent Disability Compensation Claims SOME FURTHER INFORMATION REGARDING ACCIDENTS, INJURIES AND COMPENSATION: As referred to above, Accident & Compensation Lawyers cover ALL types of accidents and injuries. Some of the most common types of accidents and injuries include the following: • Car accident • Motorcycle accident • Work accident • Public place accident • Slip, trip or fall • Head Injury • Medical negligence • Whiplash injury • Back Injury • Neck injury • Shoulder injury • Road Traffic Accident • Crush Injury • Construction Accidents • Animal Attack Injury If you have had an accident then you may be able to seek support for your injuries. Our no obligation service is completely free of charge. So find out what compensation you could receive for your personal injuries by completing our FREE online legal Enquiry Form. Further Resources - Accidents Compensation Law & Lawyers Additional Information - Accidents & Compensation Law & Lawyers

### Bankruptcy & Insolvency Lawyers

Source: https://www.legaladvice.com.au/legal/bankruptcy-insolvency

Personal and business bankruptcy, debt agreements, and insolvency advice.

It is a common misconception that insolvency and bankruptcy are interchangeable terms, but in fact bankruptcy applies to individuals and insolvency and is used in relation to companies. Many people face problems with their debts and in extreme circumstances this can lead to insolvency or bankruptcy. This is becoming increasingly common in the current economical climate especially due to how easy it used to be to get credit. If you find yourself in a position where you are unable to meet your monthly repayments and are being hassled by creditors, leaving you worried and stressed, then you may need the help of a specialist bankruptcy or insolvency solicitor. If you need legal help regarding bankruptcy or insolvency, please complete your free legal enquiry form on the right, or click here . Bankruptcy has many negative connotations associated with it but this should not necessarily be the case. In many circumstances bankruptcy can be the best option and often people who experience bankruptcy feel relieved afterwards. Once a bankruptcy order has been made against you either at your request or at the request of a creditor to whom you owe money or more an Official Receiver will be appointed who will be responsible for administering your bankruptcy unless an insolvency practitioner is appointed. Once the order has been made against you, your creditors will no longer pursue you to settle the debt. Repayment becomes the responsibility of the Trustee appointed by the court to administer your bankruptcy. Bankruptcy & Insolvency Lawyers Personal bankruptcy or corporate insolvency are areas of law that until you are effected by them you will probably never have the cause to encounter. Whether you are on the receiving end of a bankruptcy or winding up petition or wishing to file a petition against a debtor, specialist Bankruptcy & Insolvency Lawyers will be able to advise and guide you through the process. We aim to give a cost effective solution to you bankruptcy or insolvency issues and have particular expertise in the following areas: • Defending bankruptcy or company winding up petitions. • Setting aside or annulling bankruptcy orders so that as far as the law in concerned you would be regarded as never having been made bankrupt. • Defending statutory demands prior to any formal petitions. • Defending claims by the Trustee in Bankruptcy for possession of your house or to set aside allegedly undervalue transactions If you have been made insolvent or declared bankrupt there are however some major drawbacks. For example you will not be able to work as a director of a company or a financial advisor. Please complete your free legal enquiry form on the right, or click here, if you feel that bankruptcy or insolvency is required. Generally speaking, an Insolvency Lawyer can provide advice, assistance and representation in (but not limited to) in the following insolvency related areas: • Administration Orders; • Charging Orders; • Bankruptcy Annulment; • Debt Collection; • Company Insolvency Restructuring; • Company Restoration. If you need legal help regarding bankruptcy or insolvency, please complete your free legal enquiry form on the right, or click here . The Insolvency and Trustee Service Australia (ITSA) The Insolvency and Trustee Service Australia (ITSA) is responsible for the administration and regulation of the personal insolvency system in Australia. The purpose of The Insolvency and Trustee Service Australia is to provide a personal insolvency system that minimises the impact of financial failure on the community, produces equitable outcomes for debtors and creditors and enjoys public confidence, through application of bankruptcy laws, regulation and trustee services. The primary pieces of legislation with respect to Bankruptcy Law are: • Bankruptcy Act 1966 • Bankruptcy Regulations 1996 • Bankruptcy (Estate Charges) Act 1997 • Cross Border Insolvency Act 2008 The Bankruptcy Act creates the roles of the Inspector-General in Bankruptcy, Official Receiver and the Official Trustee. ITSA performs all of these roles. If you are feeling financial pressure and need legal help regarding bankruptcy or insolvency, please complete your free legal enquiry form on the right, or click here. Bankruptcy Law - Some further information The term bankruptcy applies to individuals, not to companies. In the context of a business, an individual may be declared bankrupt because an unincorporated business, such as a sole trader or a partnership, has failed. The director of a company could also become bankrupt, often as a result of giving a personal guarantee to a loan. If you need legal help regarding bankruptcy or insolvency law, please complete your free legal enquiry form on the right, or click here. Bankruptcy is a process by which a person is found to be unable to pay his debts. It may be that the debtor has cash-flow problems, so that he may be able to pay his debts eventually but is unable to pay them as they become due. The debtor could also have a liability that will arise in the future which he will not be able to pay. If the debtor cannot pay his debts in this way then he is insolvent. If the court then makes a bankruptcy order, the debtor will become a bankrupt and his property will vest in the trustee in bankruptcy for distribution to his creditors. Eventually, even if all his debts have not been paid, the bankrupt will be discharged and he will then be free from almost all of his previous debts. As an alternative to bankruptcy, the debtor could enter into an Individual Voluntary Arrangement. If you would like to obtain legal help on Bankruptcy, or would like help from a good Bankruptcy Lawyer, please complete your free legal enquiry form on the right, or click here . Bankruptcy should be seen as a last resort if you can no longer pay the debts you owe. Before considering bankruptcy you should look at any possible alternatives - such as informal agreements, Individual Voluntary Arrangements, Deed of Arrang…

### Business Law Lawyers

Source: https://www.legaladvice.com.au/legal/business-law

Commercial contracts, business structures, disputes, and corporate advice.

Services provided by business lawyers are primarily aimed at the problems encountered by businesses and business owners. Business or Commercial Lawyers understand all the problems encountered by small and medium sized businesses and know how to resolve those problems. If you need help from a business lawyer, then please complete our free Legal Enquiry Form on the right or click here . The expertise of Business Lawyers extends to almost every facet of commercial life including transactions and commercial matters pertaining to: • Commercial Sales and Purchases • Property Finance • Leases • Loans • Business Contracts and All business transactions • Industrial and Warehouse premises • Offices and Retail premises • Auctions • Freehold Land • Leases • Shops • Offices • Retail Units • Pubs and RSL Clubs • Restaurants, Cafes and Hot Food Takeaways • Hairdressers • Assignment of Leases • Rent Reviews • Service Charges • Lease Terminations • Lease Renewals • Surrender of Leases • Option Agreement • Licences to Assign • Licences to Sub-let • Licences for Alterations • Rent Deposits • Security Bonds • Re-mortgaging or re-financing If you need help from a business lawyer regarding any business contract or business transaction, then please complete your free Legal Enquiry Form on the right or click here. If you are considering a business sale or purchase, Business Lawyers can assist you through the entire process from the initial negotiations through to due diligence and drafting the sale/purchase contracts. The work of business lawyers includes: • Advising on share sales vs asset sales • Advising on share purchases • Preparing relevant documentation • Confidentiality agreements • Due diligence enquiries • Warranties and terms of payment • Employment matters • Restrictive covenants • Commercial conveyancing Business lawyers are simply professionals who have experience with and knowledge of issues surrounding the starting and running of a business. They are typically generalists who have a working knowledge of a wide range of issues, from copyright and trademark to tax and employment law. A successful business owner needs a good business lawyer and most of the time a business owner will not be fully converse with all aspects of business law. The use of a business lawyer will help in setting up a business, during the life of the business and if you do decide to sell the business, help can be given here as well. If you need help from a business lawyer, then please complete our free Legal Enquiry Form on the right or click here . Whenever a legal issue arises that involves your business, the recommended approach is to seek the advice of a lawyer. Lawyers provide legal guidance. This doesn’t mean that they can make your business decisions for you. A lawyer should identify legal issues of concern to you or your small business, tell you what the business law says about these issues, and advise you on how to address them. As well as being involved in the setting up of the business and helping you during the running of the business, a business lawyer can help you with the sale of your business. Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers, acquisitions and leasing. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. If you have a legal matter and require the experise of a specialist business lawyer then please complete our free Legal Enquiry Form on the right or click here. Buying from overseas Many legitimate businesses located overseas provide goods and services to Australian consumers without difficulty. However, there are some traders who may try to take advantage. It is important that you read any contractual terms that apply to your purchase. Protect yourself. If you need help from a business lawyer regarding any overseas business contract or overseas business transaction, then please complete your free Legal Enquiry Form on the right or click here . Further Resources - Business Law & Lawyers

### Civil Litigation Lawyers

Source: https://www.legaladvice.com.au/legal/civil-litigation

Court proceedings for civil disputes and damages claims.

If you have a dispute over a contract with another party, whether they are an individual person or persons, a company, local authority or government body, or you feel a civil wrong has been done to you by an individual or professional, then you may seek to resolve the dispute through Civil Litigation. If you need legal help regarding any legal matter involving Civil Litigation, then please complete your free legal enquiry form on the right, or click here . Issues can range from small consumer problems like the purchase of faulty electrical goods, to multi-million dollar cases involving contentious probate. Broadly speaking, specialist civil litigation lawyers have expertise in a range of civil disputes. They can advise you on the likely success of a claim, the possible costs and the potential value of any compensation. If you need legal help, then please complete your free legal enquiry form on the right, or click here. Civil Litigation Lawyers handle most areas of civil litigation including; • disputes over wills (contested estates and Probate litigation) • disputes over the ownership of property • disputes over boundaries, • disputes between neighbours and dividing fences, • claims for non payment of insurance, • landlord and tenant disputes, • building and construction disputes • renovation disputes • claims against surgeons, doctors and other professionals, • human rights and civil liberties, and • defamation • property disputes • disputes between Lessor and Lessee • Land disputes including boundaries, trespass, nuisance, ownership and trusts of land • Wills and inheritance disputes • Landlord and tenant issues • Consumer contracts If you want help from a civil litigation lawyer, then please complete your free legal enquiry form, on the right, or click here , to be put in contact with a lawyer near you. Litigation & Disputes If you are facing a dispute and need to put things right, a good Civil Litigation Lawyer will help resolve matters speedily and thoroughly. Litigation Lawyers can often offer the objective opinion you need to help you see things more clearly. If you need a help from a litigation lawyer, then please complete your free legal enquiry form on the right, or click here and we will endeavour to put you in touch with a specialist civil litigation lawyer who will help you with your legal matter. Civil Litigation lawyers generally tend to look at alternative means of resolving disputes but if litigation is the only option, you can feel reassured that you have the representation and support of a civil litigation lawyer. Whether you are making a claim or defending a claim, complete your free legal enquiry form on the right, or click here to be put in touch with a civil litigation lawyer. If you need a help from a litigation lawyer, then please complete you free legal enquiry form on the right, or click here and we will endeavour to put you in touch with a specialist litigation lawyer who can help you with your legal matter. Civil litigation lawyers are generally equipped to handle all Contractual Disputes undertaken whether against an Individual or on a Commercial Matter including: • Breach of Contract Claims • Residential landlord & tenant disputes including rent arrears • Validity of Competitive Restraints • Landlords withholding deposits & unlawful evictions • Disputes over Terms & Conditions of Business • Repair & disrepair claims • Statutory or Regulatory Breaches • Nuisance & Neighbour disputes • Battle of the Forms • Repossession claims • Termination clauses • Residential extension • Claims against builders • Liability • Contentious Probate Claims • Winding up Dispute Resolution for an individual: Mortgage repossession · Eviction actions · Landlord disputes · breach of lease claims · Consumer debt proceedings · Insolvency proceedings · Highway Authority claims · Civil enforcement action · Unpaid council tax action · Breach of planning control · Education prosecution Dispute Resolution for a business: Landlord or tenant disputes · Action against trespassers · Business debt claims · Breach of contract claims · Dispute with suppliers · Negligence work from a previous service provider · Insolvency proceedings · Trading standards prosecution • Are you confused by what you have received from the Court? • Are you unclear about your position? • Are you unsure on how to respond either to the court or to your opponent? • Do you believe that the action taken against you is unfair but unsure as to how to defend your position? • Do you need help in progressing with your claim? If so, don’t worry. Civil litigation lawyers are at hand to help guide you through any of these proceedings, with the aim of either resolving your dispute or help minimise the risk that you are currently facing. If you want help from a civil litigation lawyer, then please complete your free legal enquiry form, on the right, or click here , to be put in contact with a lawyer near you. Further Resources - Civil Litigation Law & Lawyers Additional Information - Civil Litigation Law & Lawyers

### Contract Law Lawyers

Source: https://www.legaladvice.com.au/legal/contract-law

Contract drafting, breach, and enforcement across all industries.

Every contract that a business enters into impacts on that business in a multitude of ways. A well drafted and clearly thought through contract can dramatically enhance the position of a business. If you would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here . Contract Lawyers basically get involved in preparing, advising and litigating commercial contracts. These contracts include partnership contracts, standard form contracts, consumer contracts, service contracts and business sales & acquisitions. These can take many forms but generally fall into two main categories: standard form contracts; and contracts which are individually negotiated. Experienced drafting of contracts is essential if a business is going to maintain its competitive advantage and contract with its customers, suppliers and others on terms which are beneficial to that business. The last 30 years has seen huge growth in the protection of consumers and, more generally, restraint on businesses from being free to contract as they wish. Specialist rules on unfair contract terms, contracts with consumers generally and on contracts dealing with particular matters or concluded in particular ways require that every business must proceed carefully when contracting with any other business or consumer. If you have a legal matter and would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here . Contract lawyers provide businesses with the documentation they need to work well, grow and succeed. Once the documentation is drafted, contract lawyers can advise you on issues of compliance, breaches, claims and remedies, ensuring that you know all your options and where you stand at all times. From day-to-day documents, business contracts, commercial agreements and major deals, contract lawyers can assist with a variety of issues, including: • Setting up businesses • Internal company documentation • Terms of use, data protection and privacy policies • Mergers and acquisitions • Employment • Financing • Outsourcing and business processes • Deals and projects • Procurement • Contract disputes, breaches and remedies • Specialist areas including intellectual property and technology • Starting Up • Lease Agreements • License Agreements Contract Lawyers provide start-ups and new business with everything they need to move forwards. From articles of association to shareholder agreements, directors' remuneration contracts to data protection and privacy policies, each document produced by our contract solicitors is individually drafted for the client's business and goals. Mergers and Acquisitions Whether buying, selling or merging with a business, our clients can count on our contract lawyers to offer them expert advice and documentation. Day-to-Day Documents Employment contracts, terms and conditions, distributing agreements, every business needs good, effective legal documentation to help it work and trade on a day-to-day basis, all of which our contract lawyers can deliver. Outsourcing Businesses often save resources by outsourcing, whether it’s hiring someone to deal with their infrastructure needs or their business processes. Contract Lawyers frequently assist clients in facilitating these deals, including the tender process. Deals and Projects From franchising agreements to joint ventures and special projects to spin-offs, whatever the deal, contract solicitors act as experts in the client's corner, looking out for their commercial needs. Finance Contract Lawyers produce a range of financing documentation, helping their clients with everything from financing for technology companies and investing in companies to banking guarantees. Intellectual Property Management One of a businesses greatest asset is usually its intellectual property and Contract Lawyers provide clients with the tools to protect and monetise it, for example with software and database licensing agreements as well as licensing and protection of business names, logos, trademarks and brand names. Other Specialist Documents Contract Lawyers have the expertise to advise on a variety of legal sectors and industries, including employment, technology and commercial property. Disputes and Remedies Entering into an agreement is only the first step. Contract Lawyers, provide ongoing help and guidance on implementing the contract and identifying and managing disputes as well as identifying claims and entering into legal enforcement proceedings. Some examples of expert service provider by contract lawyers include:- • Franchise agreement • Joint venture agreement • Limited liability partnership • Licensing agreement • Consultancy contract • Confidentiality agreement • Indemnity agreement • Loan agreement • Assignment deed • Terms & conditions of business • Shareholder’s agreement • Partnership Agreement • Service contract • Construction contract • Building contract • Terms & conditions • Employment contract • Business sale contract If you have a legal matter and would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here . Further Resources - Contract Law & Lawyers Additional topics relating to Contract Law

### Criminal Law Lawyers

Source: https://www.legaladvice.com.au/legal/criminal-law

Defence for criminal charges including assault, fraud, and traffic matters.

Are you in trouble with the law? If so, a professional specialist criminal lawyer will provide you with the highest quality representation in all sorts of criminal matters and criminal proceedings. If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the right, or click here . Specialist Criminal Lawyers generally cover matters involving the following: • Serious drink driving, DUI and PCA offences • major road traffic offences and traffic charges • Public Order Offences • Murder, Manslaughter • Common Assualts • Assualts involving Grevious Bodily Harm (GBH), Actual Bodily Harm (ABH) and other Assaults • Drugs offences including Possession with Intent to Supply drugs / Drug Importation / Drug Production • Fraud offences and ID fraud • Robbery / Armed Robbery • Blackmail / Extortion / Threats to Kill and related offences • Theft from Employer • Benefit Fraud • Organised Crime / Conspiracy • Proceeds of Crime • Political / High Profile • Terrorism • Money Laundering • Sexual Offences • Bail Applications • Youth offences • Representation of Professionals and People with no Previous Convictions • Representation of People with previous convictions and criminal record • Criminal Appeals against Conviction or Sentence • Police Station Interviews • Cyber crime and computer crime If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the right, or click here . Specialist Criminal lawyers also provide representation with respect to the following 'serious criminal offence, some of which have already been mentioned above: • Murder or attempted murder • Indecent Assault • Use of firearms • offences against children • Rape and other sexual assult type matters • Wounding/gbh with intent • Wounding/gbh without intent • False imprisonment • Arson and criminal damage endangering life • Robbery, larceny and other matters relating to theft • Aggravated burglary • Two or more offences of burglary • Dealing, being concerned in the supply, or intending to supply any controlled drug • Serious motor vehicle crimes • Aggravated vehicle taking • Breach of good behaviour Bond If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the right, or click here . Some basic general information regarding criminal law (for information purposes only): Criminal Law is law which involves the state (The Crown) bringing a prosecution against an individual. Only crimes (or offences) which already exist in law can be used to prosecute people. These are laid down by Parliamentary Law (statutes like the Crimes Act 1900, or by previous decided case history in the courts (common law). Innocent until proven Guilty? To convict someone of an offence, the Prosecution has to show the court that the person has committed the offence to a level of certainty which is very high. The phrase that judges use is "you must be satisfied so that you are sure". Verdicts along the lines of "he probably did it," or "if she didn't do it, who else did?", are not usually enough for a conviction. The prosecution must show beyond reasonable doubt that the offence occurred and was done by the accused person (or the defendant). In the eyes of the Criminal Courts, not sure is not guilty. Juries and Judges In the criminal courts, there are generally two levels of court. The first level is the Magistrates Court. This court deals with less serious types of offence, such as most motoring offences and drink driving, or low value thefts and less serious assaults. However, this court can still impose prison sentences. In the District Court, a jury of 12 memebers will be first told that they have to find the defendant guilty or not guilty by unanimous vote. If no verdict can be reached, a re-trial may be ordered. What the Prosecution must prove: The prosecution must prove two things: that the accused did it, and did it on purpose. Defences Just because someone is guilty of committing an illegal act, and of meaning it/knowing it was wrong, that doesn't definitely mean that they are guilty of the offence. They might have a defence, or a good reason why they should not be convicted. If someone committed an offence while, for example, protecting themselves or their family, then that could be a defence which would help them avoid being found guilty. Self Defence / Defence of Someone Else / Defence of Property and other defences If someone commits an offence of violence (such as assault) to prevent getting injured, to prevent someone else getting injured, or to protect his or her property, then that can sometimes mean they are entitled to a defence. The force used must be necessary, and reasonable. That means there must be no other obvious course of action to avoid the injury or damage (such as moving away top avoid the situation), and the level of force used must be proportionate to the threat - the fact that the defendant thought the action was reasonable is not enough to suggest that it was. However, the jury have to accept the facts as the defendant honestly believed them to be at the time, even if he or she was mistaken. So if the jury believe that a defendant honestly thought that his attacker had a knife and so attacked him, the jury have to take that belief into account. Then they can consider whether his reaction, for example stabbing the attacker first, was reasonable by their standard. If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the right, or click here . Mental Defences There are other defences which relate to the mental state of the person who is accused. They include: Automatism This is a defence when the act has been done unconsciously and involuntarily, “done by the muscles without any control by the mind”. There must be a total loss of control of the body and it cannot be self-induced, so alcohol related blackouts don’t count. Diminished Responsibility This is a partial defence to murder only. It can reduc…

### Divorce Lawyers

Source: https://www.legaladvice.com.au/legal/divorce

Divorce applications, property settlement, and parenting arrangements.

Considering divorce or separation is a very difficult time; trying to assess the impact on your children, your life, pensions, superannuation, finance and property, as well as the emotional turmoil for yourself. If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here . Divorce lawyers or Family Lawyers as they are more commonly known as, are well versed with all aspects of divorce law including: annulment, separation, cohabitation and civil partnership disputes, preparation of prenuptial agreements, and most related issues, but particularly financial issues arising from the breakdown of relationships. Divorce Lawyers realise that these are sensitive issues and will try to handle them in a sympathetic, civilised and positive manner and by advising clearly and acting firmly and decisively to resolve them, if possible by agreement. Divorce lawyers, or family Lawyers also often deal with complex and high value divorce and separation arrangements (usually by agreement but sometimes in court), which apart from those mentioned above, also include the following issues in relation to divorce and separation: family businesses, property and trusts, issues for children including parental responsibility, residence and contact, and inheritance claims. If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here . DIVORCE PROCEEDINGS Divorce proceedings cannot be started until the couple have been married for a year. The Family Court can divorce a couple if the marriage is recognised as being valid in Australia. Most divorces are undefended, allowing the divorce to proceed on paper through a relatively simple procedure. Only if one partner does not consent to the divorce will the couple have to attend Court. Whether the divorce is consented to or not, the divorce can only proceed if one partner can show that the marriage has irretrievably broken down. To do this, the person applying for the divorce must prove one or more of the following general facts: 1.Their husband or wife has committed adultery. If their partner does not admit the adultery, evidence must be obtained to show that the adultery has taken place. The person applying for the divorce must confirm to the Court that they can no longer tolerate living with their partner. 2.Their husband or wife’s behaviour has been unreasonable. Often, there are relatively mild examples, which are agreed by both. One incident of unreasonable behaviour can be sufficient if the behaviour was particularly severe. The person applying for the divorce must confirm to the Court that they cannot be expected to go on living with their partner. 3.Their husband or wife has deserted them. The person applying for the divorce must show that their partner left them without their consent over 2 years ago. 4.They have been separated from their partner for at least two years and their partner consents to the divorce. 5.They have been separated from their partner for at least five years. Their partner’s consent to the divorce is not needed. A straight-forward divorce can usually be obtained within a matter of months of the proceedings beginning, provided neither husband nor wife delay matters. If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here . DIVISION OF FINANCES AND PROPERTY ON DIVORCE The division of finances on divorce is usually by agreement between divorce lawyers or family lawyers, endorsed in a Court Order rather than following a court hearing. There should be no discrimination between husband and wife, or between the money-earner and the home-maker. The law governing the Courts’ approach (and therefore the approach of divorce lawyers or family lawyers advising and negotiating on behalf of clients) to financial settlements on divorce is based on the Family Law Act 1975 (cth). Generally speaking, the courts will determine what is a fair division. If you need legal help regarding divorce law and the division of finances and property on divorce, then complete our free legal enquiry form on the right or click here . Behaviour in financial proceedings is not considered on the basis of moral or emotional conduct. Infidelity or domestic violence is only taken into to account if it has a financial impact. The aim of the law is to arrive at “fairness”. Although a starting point may be 50% each the overall situation of the parties may mean a departure from equality in certain circumstances. For example, consideration is given to the facts in each case including: 1.age of the parties (including life expectancy of each party in respect of future income) and length of the marriage 2.contribution both in financial and other ways (including bringing up children and inheritance) 3.resources and needs of the parties 4.standard of living during the marriage If there are children, the first consideration is their welfare, including their housing needs, and this may impact on the overall financial settlement. Children are of paramount consideration. If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here . PARENTS WHO SEPARATE - SOME HELPFUL INFORMATION When parents separate, and there are children in the family, it is important to remember that it is a stressful time for everyone, and potentially most confusing for the children. Whilst it appears from research that the best outcome for children is for the adults involved to try to help the children to maintain contact with both parents, and to minimise hostility whilst promoting harmony, it is clear that there are some things that parents can do which help children to cope: Parents should: try to give the children as much information as you can about what is happening, and what is likely to happen next, particularly if either the child or the other parent is going to live in a new home. Be reassuring; en…

### Employment Law Lawyers

Source: https://www.legaladvice.com.au/legal/employment-law

Unfair dismissal, workplace discrimination, and employment contracts.

Do you need help from a specialist employment lawyer? If so, then please complete your free legal enquiry form on the right, to request help from a qualified and professional employment lawyer, or click here . Our online service is available 24 hours, 7 days. Losing your job or suffering from problems at work can be a traumatic experience. Whether you are made redundant or dismissed for other reasons, it will be a difficult time for you and your family. Dealing with disputes with your employer can be daunting, and you will need to understand exactly where you stand in the eyes of the law. Employment Lawyers can advise you on what action you may be able to take against your employer and, where appropriate, help you to make a claim. Employment Lawyers can also advise you on any employment matter including employment contracts, claims for wrongful and constructive dismissal, redundancy, discrimination in the workplace and workplace agreements. Employment Lawyers can advise you whether you are an employee or an employer. Legal advice for employees For employees, employment lawyers can help you with any type of task, such as negotiating your employment contract or redundancy settlement, negotiating on your behalf in grievance and disciplinary hearings, and representing you in employment related claims. Legal advice for employers For employers, having your employment policies and procedures looked over by a specialist employment lawyer is essential to ensure you are legally compliant. For every business, employment law compliance should be considered right from business set up. Whether it is a large or small business, employment law must be complied with equally. Do you need help from a specialist employment lawyer? If so, then please complete your free legal advice enquiry form on the right, to request help from a qualified and professional employment lawyer, or click here . Our online service is available 24 hours, 7 days. Generally speaking, employment lawyers represent both employers and employees in the following areas:- Unfair Dismissal Constructive Dismissal Equal opportunities and discrimination Pregnancy Discrimination Termination of employment Compromise agreements Redundancy Employment tribunal claims Employment Contracts Restrictive Covenants Unfair Dismissal If you believe you have suffered an unfair dismissal and would like help from an employment lawyer, then please complete your free legal advice enquiry form on the right, to request help from a qualified and professional employment lawyer, or click here . Our online service is available 24 hours, 7 days. Unfair Dismissal - The Law pertaining to Unfair Dismissal The following is a very brief outline of the law relating to unfair dismissal. Were you dismissed from your employment for an unfair reason? There are only 6 potentially fair reasons for terminating someone's employment. However, an employer will often allege that one of these reasons applies, when in fact the dismissal was unfair. These potentially fair reasons are:- a) Capability If an employee does not have sufficient qualifications to do the job or if they are deemed to be incompetent, it may be fair to terminate their employment. b) Conduct Sometimes the employee's conduct gives the employer good reason to dismiss. This would include theft, fighting, abusive behaviour and other inappropriate conduct. In some circumstances, it may include misconduct. c) Redundancy If the employer's business (or part of it) has ceased to operate or has moved to a different place or if the needs of the business have changed, there may be a genuine redundancy situation. In such cases, it may be fair to terminate the employment. d) Breaking the law If it would be against the law to continue someone's employment, for example where a driver loses his licence, it may be fair to dismiss. e) Retirement If you have reached retirement age, your employer can dismiss you fairly as long as a fair procedure and the law is followed. f) Any other substantial reason This is very wide and covers a number of employment related reasons, not included above. These would include a business restructure, an employee's refusal to carry out legitimate work tasks. Did the employer follow an unfair procedure? Even if the termination of your employment was for a potentially fair reason, the dismissal may be unfair if the employer did not follow a fair procedure. A fair procedure should, at the very least, include the following:- The employer should carry out a reasonable investigation before making a decision; The employer should arrange a disciplinary hearing at which the employee is given the opportunity to state their case; The employee should be notified of the hearing and the reasons for the hearing in writing; The employee should be given the right to bring a colleague to the hearing; The employer should consider other lesser forms of discipline; The employer should notify the employee in writing of the termination of employment and the reasons for it. The employee should be notified of the right to appeal against the decision. Compensation If you have been unfairly dismissed from your employment, you should be entitled to compensation. This is made up of a basic award and a compensatory award The basic award is determined by your age and length of time you have been in employment. It is calculated in the same way as a redundancy payment. The compensatory award is intended to compensate you for loss of employment, that is the financial loss resulting from the dismissal. This includes loss of wages up to the date of the Employment Tribunal hearing, as well as future losses. In some cases, the Employment Tribunal may order the employer to re-instate you into your previous employment. Very often, an employment dispute can be settled by way of a Workplace agreement. If you believe that you have suffered an unfair dismissal then please complete your free legal advice enquiry form on the right, to request help fr…

### Family Law & Relationships Lawyers

Source: https://www.legaladvice.com.au/legal/family-law-relationships

Divorce, separation, child custody, property settlement, and spousal maintenance.

If you need help regarding a family law matter involving, divorce, partner, spouse, children, property and finances, then complete your free legal enquiry form on the right, or click here . Family lawyers are lawyers or solicitors who specialise in the area of family law. Family lawyers can deal with all aspects of family law and several relationships and can offer specialist advice to people who are married, living together or in civil partnerships. If you are considering getting divorced or separating from your partner, it is advisable to get advice from a specialist divorce lawyer. If you and your partner are proposing an amicable divorce, divorce lawyers can help you to negotiate and draw up an agreement and orders. If not, it is best for both spouses to be represented by a divorce lawyer or family lawyer. Family lawyers can negotiate with your partner on your behalf, draw up any agreements you come to, and represent you in court proceedings. Family Lawyers can provide you with legal advice on every aspect of family law and relationship planning and breakdown. If you need help with a family law matter, please complete your free legal enquiry form or click here. If you want confidential advice on your rights and responsibilities of a new relationship where you want to protect yourself and your partner, or your relationship has reached the point of irretrievable breakdown, then family lawyers can help. To receive legal help regarding any aspect of family and relationships law, please complete your free legal enquiry form on the right, or click here . If you would like information on further help regarding any aspect of the laws in relation to family law, divorce and separation, then please click on one of the family law areas listed below: Divorce, Separation and Breakdown of Relationships Applying for a Divorce Financial Arrangements following Divorce Separation Agreements following Marriage Breakdown Children - Contact, Residence and Child Support and Maintenance Declarations of Trust and Property Ownership Prenuptial Agreements Post-nuptial Agreements Property Relationships Agreements Cohabitation Agreements and Cohabitation Disputes International Family Law Financial Agreements, Property Ownership Disputes & Consent Orders Child Abduction Adoption and the Law Surrogacy and the Law Dispute Resolution and Mediation Domestic Violence Property and Finances after Separation Spousal Maintenance Parental Responsibility Agreements - Parenting Arrangements Child Support Superannuation after Separation and Divorce Same-Sex Relationships and the Law Further Resources - Family Law & Relationships Lawyers Additional Information 1 - Family Law & Relationships Lawyers Additional Information 2 - Family Law & Relationships Lawyers

### Medical Negligence Lawyers

Source: https://www.legaladvice.com.au/legal/medical-negligence

Claims for injuries caused by medical errors, misdiagnosis, or surgical mistakes.

Medical negligence injuries compensation. If you believe you, or someone you know, has suffered due to medical negligence, then please complete your free legal enquiry form on the right, or click here . Medical Malpractice is also known as medical negligence and clinical negligence. Medical Negligence Claims In general legal terms, medical negligence may justify a claim demanding compensation for injury suffered by a patient undergoing medical care by a doctor or some other medical professional including GP's , surgeons, specialists, dentists, anaesthetist. Although some patients may take into account filing a medical negligence claim, the truth is that negligence on its own is not sufficient for taking this particular course of action. There are various situations that may demand filing a medical malpractice claim, and to do that the patient must be aware of the rules and procedures associated with filing such a claim. These official terms may differ according to where the patient lives and where the medical negligence occurred. Deciding whether to take the case to court the patient must follow certain steps, and the most important step is determining whether the patient is able to prove his claims or not. Every day in hospitals and medical institutions, trained medical professionals make misdiagnoses and mistakes when carrying out procedures, yet these malpractices may often go unnoticed or unreported within Australia. If you feel like you have been subjected to medical malpractice then be sure to seek the advice of a legal representative, such as a qualified medical negligence lawyer who may be able to seek compensation on your behalf. This can be a small way to compensate for the emotional, financial or physical anguish caused by medical negligence. What situations are suitable for making a medical malpractice claim? The following situations can give rise to a medical negligence claim: Medical malpractice claims can be made when a medical practitioner, such as your doctor, dentist or surgeon causes you harm as a direct or indirect result of their actions. An example of direct medical actions that may cause harm include a misdiagnosis of your medical situation, which may result in mistreatment of prolonging of treatment to the detriment of your health and well being. This can occur when a doctor for example provides you with an incorrect medicine, which you have an allergic reaction to or make you ill. Your medical practitioner misinforms or carries out medical procedures without your consent. This could include not informing you of the associated risks of a certain form of surgery and you suffering from those risks. The same applies to mis-prescribing medicines or treatment, which results in physical or emotional pain. The medical practitioner does not give adequate care or treatment to the patient within a reasonable time frame. This could include not offering surgery on a ailment that ultimate leads to further medical complications. Failure to recommend any treatment may cause further harm to the patient. Examples of treatment which may be considered negligent (depending on the circumstances of the case): failing to diagnose a condition; failing to provide the appropriate treatment for the condition; failing to refer to a specialist; delay in diagnosis; failing to advise of risks associated with treatment; failing to perform surgery with reasonable care and skill; failing to report correctly on test results; failing to provide post-operative care with reasonable care and skill. Without a background in medical law, it may be difficult to understand if your doctor for example has acted negligently, which is why you should seek professional advice before filing a claim for medical malpractice. What is the process of claiming medical negligence? You should first establish that medical negligence has occurred, which can be validated by seeking a second opinion from a qualified medical practitioner or seeking the advice of a medical malpractice lawyer. This can help to validate your claim that medical malpractice has occurred. The lawyer will also help to ascertain whether or not you have a case for filing for medical malpractice and if you have a chance of winning, given your circumstances and the actions of the medical practitioner. If you believe you have a medical negligence matter then please complete you free legal enquiry form on the right, or click here . To successfully get a medical malpractice claim to court, you will need to ensure that beyond reasonable doubt, the medical practitioner has not performed their duties to the fullest, which can be made more simple with professional help. To seek professional help, please complete you free legal enquiry form on the right, or click here . With professional help, your medical malpractice claim will have the greatest chance of being resolved, with the best possible outcome, without litigation. Also, With professional help, your medical malpractice claim will be more likely to succeed in a legal hearing. You health and well being is of utmost importance, so be sure to make a medical malpractice claim if you feel you have been treated in a negligent manner by a health care professional. If you believe you have a medical negligence matter then please complete you free legal enquiry form on the right, or click here . SOME FURTHER GENERAL INFORMATION REGARDING MEDICAL NEGLIGENCE What is medical malpractice and what must be proven? Medical Negligence is where an injury or death was caused by the negligence of a medical professional. Doctors, nurses, dentists are expected to act professionally and ethically at all times. Sometimes however medical professionals, like anyone, make mistakes. They may make poor judgments because of being tired and overworked or in a situation where they are under-qualified. In a short explanation medical malpractice is when a doctor, surgeon, nurse, dentist, medical facility or hospital does something to a pat…

### Motor Accidents Lawyers

Source: https://www.legaladvice.com.au/legal/motor-accidents

NSW road accident injuries — explore CTP support via our dedicated enquiry site. Plain-English guidance and callback support; outcomes depend on your circumstances.

Motor Accidents Law and Lawyers Motor Accident Compensation Unfortunately most of us will be involved in at least one car accident or road-related accident in our life-time, as either a passenger, driver, rider or pedestrian. If you have suffered a personal injury in a car accident, either as a: driver, passenger, cyclist, motor cycle rider or pedestrian, you may be able to seek support for your injuries, whether you have minor soft tissue injuries, whiplash, broken limbs, head injuries or far more serious injuries. To find out what support may be available for your injuries please complete our no obligation, FREE Online legal Enquiry Form . Being involved in a car accident is traumatic enough without having the stress and worry about the cost of pursuing a claim for car accident compensation for your injuries. By completing our free legal enquiry form, We can put you in contact with a Motor Accident Lawyer who can help you claim compensation for your injury and losses. All vehicles are required by law to be insured and you are entitled to make a compensation claim if you are involved in a car accident and it can be proven that someone else was responsible. Even if you have suffered a personal injury in an accident where the driver of the vehicle was not insured, or did not stop to give their details, You may still be able to Claim. To find out if your entitled to claim compensation, please complete our free legal enquiry form. If you have been in a motor accident or car accident as either a: driver cyclist passenger pedestrian motorbike rider You could be entitled to receive a lump sum compensation. To see discover your entitlements, please complete your free legal enquiry form on the right. Generally speaking, compensation can be claimed for the following: Compensation for personal injuries to you or your passengers Loss of income including lost superannuation Compensation for pain and suffering caused by the accident Expenses incurred as a result of the accident (eg: medication, travel etc.) Medical care, medication and medical treatment expenses for now and in the future (for when you get older in life) Other legal entitlements Motor accident compensation claims are the most common claim made for personal injuries yet many victims see no reason to make a motor accident compensation claim for their injury as they believe it to be insignificant and not worthy of making a claim. For instance they may have suffered minor whiplash injury, minor burns, lacerations and temporary muscle damage which constrict movement. These types of injury all qualify to make a motor accident compensation claim. Whether you are the driver of the vehicle or a passenger in a privately owned vehicle, public transport or on a motorcycle or bicycle, you are entitled to claim if the accident was not your fault. Should you wish to pursue your compensation entitlements, then please complete your free legal enquiry form on the right. Motor Accident Injuries Motor accidents can result in a number of injuries of varying severity. Regardless of the severity of the injuries you should not be left in any pain which has been caused by the negligence of another person. It should also be remembered that it is not only the drivers of the vehicles involved who are able to claim for injuries sustained but passengers who are injured are also able to make a motor accident compensation claim on the third party insurance policy of the driver of the motor vehicle at fault. If you, as the passenger, were aware of the driver being under the influence of alcohol or drugs then this may result in less compensation however it does not remove your right to claim. If the accident was not your fault and you have suffered personal injury you still may be able to make a motor accident compensation claim. Below a few common causes of traffic accident claims which you would not be at fault: When braking to avoid a possible collision the vehicle behind you does not react in time and therefore impacts with your vehicle causing injury to you. Injuries caused whilst you are a passenger of a vehicle in a road traffic accident. Impact caused by a vehicle in front of your own reversing. Collisions caused by the late braking of another driver regardless of weather conditions. Accidents caused by drivers on mobile phones, under the influence of drugs and alcohol, reading maps or generally not paying enough attention to the road. Whiplash Injuries and Motor Accidents The most common injury caused by the collision of a vehicle is whiplash which can leave the injured party with muscle pain in their back, neck and shoulders. Back and spinal injuries can cause pain throughout the body through any number of movements essentially hindering the injured party in carrying out day-to-day duties such as working, walking, sleeping, standing, exercise and all other physical activiities. If you have injuries from a road accident, whether permanent or temporary, such as whiplash then please complete your free legal enquiry form (on the right) to request legal help regarding your potential compensation entitlements. The severity of injuries caused by road traffic accidents can vary greatly from head injuries, broken bones, lacerations to the body, muscle and nerve damage as well as psychological trauma and so it is not just severe injuries such as amputation, permanent disfigurement or disability which can be compensated for. Evidence of the accident is imperative though and so the information collated regarding the accident time, location and driver at fault is as important as the details of the personal injuries inflicted on you. Whilst at the scene of the accident you need to try to do the following: Make sure everybody is alright and nobody has any serious injuries requiring urgent medical attention. If they do, call an ambulance straight away. Take note of the make, model and registration number of the other vehicle. Take the name and address of the driver or the o…

### Negligence Lawyers

Source: https://www.legaladvice.com.au/legal/negligence

Negligence claims for injury and loss caused by another's failure to take care.

Negligence Claims The law of negligence applies to many areas of the law. People can suffer from someone elses negligence at work, on the road, or in public. If you have been injured at work on the road or in public, please see our other legal areas, in particular, Workers Compensation, Motor Accident Compensation and Public Liability Compensation. If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the right, or click here . Broadly speaking negligence claims can be broken up into the following two main areas: Medical Negligence; Professional Negligence; and Other Negligence Matters. Medical Negligence Medical negligence claims involve claims against doctors, dentists, hospitals, nurses and other healthcare and medical providers. For more information please see our medical malpractice page. Medical malpractice or medical negligence claims can involve the following claims: birth injury claims pregnancy and maternal injury claims spinal injury adult brain injury surgery claims cancer claims claims for misdiagnosis cosmetic surgery claims sports injury claims eye treatment claims claims against GPs accident and emergency claims inquests and claims following death hospital negligence claims dental/dentist negligence claims negligent nursing claims negligent medical advice claims Professional Negligence Professional negligence claims generally involve claims against professional workers and can involve claims for negligence against bankers, architects, surveyors, estate agents, solicitors, accountants, brokers, patent agents, trade mark agents, financial advisers, doctors, other healthcare professionals, auditors, auctioneers, computer consultants and any other advisor whose advice complained of was given in a professional capacity. Generally speaking, the requirements for making a successful claim in negligence are: the existence in law of a duty of care situation (i.e one in which the law attaches liability to carelessness); there has to be recognition by law that the careless infliction of the kind of damage complained of on the class of person to which the claimant belongs by the class of person to which the defendant belongs is actionable; breach of the duty of care by the defendant (ie. that the conduct complained of fails to measure up to the standard set by law); a causal connection between the defendant's careless conduct and the damage; that the particular kind of damage to the particular claimant is not so unforeseeable as to be too remote. When these 4 requirements are satisfied, the defendant is liable in negligence. Only then is it relevant to consider the assessment of damages, that is, the compensation for the damage for which the defendant is responsible. If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the right, or click here . Negligence Law and Examples of Negligence Negligence is the failure to use reasonable care. That is, negligence is measured against what a reasonable person would have done under the same or similar circumstances. This can include a wrongful act as well as not doing something. Negligence claims can range from someone not mopping up a spill on the floor to a professional not providing proper professional advice (also known as professional negligence). If you are injured or have suffered damages because someone else acted in a negligent manner, you may have a cause of action, or a lawsuit, against the person who acted unreasonably. Strict time limits apply for matters involving negligence. You should seek legal advice as soon as possible. So don't delay - complete our fast, free Legal Enquiry Form NOW! Elements of Negligence Apart from that already mentioned above, generally speaking, for negligence to be established, the plaintiff must be able to prove that: there was a duty of care, that this duty was breached, and that this breach caused the injury. Forms of Negligence There are many forms of negligence. Some examples of negligence can include, but are not limited to: a manufacturer breaching their duty of care by providing a defective and unsafe product. For example, a person buying a cereal box and finding glass in the box. a driver breaching their duty of care to drive safely on the road. For example, a driver running a red light. an employer breaching their duty of care to provide a safe workplace and ensuring the right safety measures are in place. For example, an employee injuring their back trying to lift a heavy box. the owner of a shopping centre breaching their duty of care to provide a safe place for you to shop. For example, a customer tripping over a broken tile. a doctor breaching their duty of care in providing the wrong medical advice and treatment. For example, a doctor prescribing the wrong medicine. If you have been injured or suffered property damage due to someone else's negligence, then you are entitled to make a claim for compensation. The purpose of compensation is to compensate you for the following possibilities: Loss of earning capacity Physical disabilities and medical problems both now and later on in life, when you get older Medical and hospital costs Attendant care and rehabilitation costs Damaged or destroyed personal property House and motor modifications to accommodate your injuries Dependant spouse and / or dependant children Other compensation entitlements, damages and loses If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the right, or click here . Further Resources - Negligence Law and Lawyer Additional Information 1 - Negligence Law and Lawyers Additional Information 2 - Negligence Law and Lawyers Additional Information 3 - Negligence Law and Lawyers

### Personal Injury Lawyers

Source: https://www.legaladvice.com.au/legal/personal-injury

Legal help for injuries caused by accidents, negligence, or wrongful acts.

Personal injury law concerns compensation for physical, mental and emotional injuries suffered by a person as a result of the conduct of another. The main issues in a personal injury case revolve around proving liability, causation, and damages. You may also be able to claim for your loss of earnings, medical treatment, care and services, post traumatic stress and any other disorders that are as a result of your accident. Broadly speaking, there are four main types of personal injury claims: Motor Accident Compensation - road related personal injuries Workers Compensation Claims - work related personal injuries Public Liability Claims - injuries arising out in public (e.g. shopping centres) Negligence Claims - injuries arising from the negligence of another Personal injury is described as bodily injuries, such as a broken bone, a cut, or bruises, any physical or mental injury in any other disorders that are as a result of your incident. If you have suffered a personal injury and as a result are experiencing short-term or permanent life long injuries, you are entitled to make a claim for compensation. The purpose of compensation is to compensate you for the following possibilities: Loss of earning capacity Physical disabilities Medical and hospital costs Medical Treatment and Medication Attendant care and rehabilitation costs House and motor modifications to accommodate your injuries Dependant spouse and / or dependant children Other damages, losses and compensation entitlements By filling out our legal enquiry form, we will put you in direct contact with lawyers who specialise in personal injury law and in getting you the maximum compensation for your injury! There are many different types of injuries (relating to the entire human body) which could give rise to compensation entitlements. If you have suffered any one of the injuries list below, then you could be entitled to make a personal injury compensation claim: Chronic Pain Neck Injuries Back Injuries Shoulder Injuries Injuries to the Pelvis and Hips Injuries to the Elbow Hand Injuries, including loss or part loss of finger Leg Injuries knee injuries Ankle Injuries Foot Injuries Skeletal Injuries Facial Disfigurement Burn injuries cuts and scarring injuries to Arms Personal Injuries Involving Paralysis (including, Quadriplegia and Paraplegia) Brain Damage and Traumatic Brain Injury Psychiatric Damage Post-Traumatic Stress Disorder Injuries affecting Sight - Eye injuries Deafness, including industrial deafness Impairment of Taste and Smell Chest Injuries soft tissue injuries muscular injuries tendon injuries ligament injuries any other injury to any other part of the body We handle ALL personal injury law matters! Please complete your free Legal Enquiry Form on the right, to request immediate legal assistance on your legal matter, or click here . Accidents in a public place claims This refers to injuries caused by slipping or tripping over an object in a public space or being struck by an object. An example of this is falling over a broken step or paving stone which then causes an injury. Many people recover from their injury but there are others who find that they have developed a long term disability which then impacts upon many areas of their life. The physical aspect of the injury is pain, discomfort plus psychological distress. But it has other consequences as well such as financial stress caused by having to take time off work which results in a loss of earnings. If you sustain an injury in a public property such as a restaurant or pub then the responsibility for your accident will rest with the owner or local authority. They have a duty of care to ensure that the general public are protected against accidents and that steps have been taken to minimise this risk. But if that duty has failed or was substandard in any shape or form then there may be grounds for a compensation claim. The onus is on you to prove that your injury was not your fault and has been caused by someone else’s negligence. Most common types of accidents in public places These include slips, trips and falls in the following public places: Supermarkets Pubs Nightclubs Shops Cafes Restaurants These are some of the most common places for accidents. It is easy to assume that a slip, trip or fall is due to simple carelessness or if it occurs outside a pub, as a result of excess alcohol. But this is not always the case. Accidents do happen but there are many situations in which someone has a fall due to a lack of care and attention by someone else. An example of this is someone tripping on a broken step outside a pub or restaurant. Whilst it is tempting to think that this is caused by too much alcohol in many cases this is simply not true. These accidents have occurred when the person is sober and due to another persons’ negligence. There are occasions when any of us slips or trips over something which is our fault and something that we recover from very quickly. But the fact remains that there are situations where people sustain an injury which is not their fault due to a lack of awareness by other people. If you do have the misfortune to become injured from a slip, trip or fall in a public space then make a note of your accident; take a photograph of the place where it happened and obtain names and addresses of any witnesses. These will all help when making a claim for compensation. Total and Permanent Disability Compensation Claims If you become Totally and Permanently Disabled, you can claim your superannuation early. Most superannuation funds also have a TPD insurance component. Therefore in addition to receiving your super early, you may be entitled to a lump sum payout through the TPD insurance component. For more information click here: Total and Permanent Disability Compensation Claims Making a claim for compensation for an injury in a public place A personal injury lawyer will be able to tell if you have a strong case for compensation –if negligence can be…

### Property Law Lawyers

Source: https://www.legaladvice.com.au/legal/property-law

Conveyancing, property disputes, leasing, and real estate transactions.

Property Law is the system of laws regulating and prioritising the rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object. If you believe you have a legal matter concerning property law, then please complete your free legal enquiry form on the right, click here . Broadly speaking property law encompasses the following issues: Conveyancing buying and selling of land buying and selling of businesses Boundaries Business lease renewal Common hold Co-ownership and estoppel Easements Covenants Housing laws Landlord and tenant (general) Long leases Mortgages Nuisance and trespass Planning Property litigation and ADR Property transactions Public access to land Residential tenancies Restrictive covenants Agricultural tenancy reform If you have a legal matter regarding any aspect of property law, then please complete your free legal enquiry form on the right, click here . Property lawyers generally provide expertise and advice in the following areas: properties for sale and purchase and conveyancing Re-mortgage of residential and investment properties Investment / buy-to-let properties Shared equity purchases Auction sales and tenders Transfer of equity Transfer of property on relationship breakdown Property settlement and family law matters including divorce De facto property relationships Division of property upon separation / break-up or Divorce If you believe you have a legal matter concerning property law or a property dispute, then please complete your free legal enquiry form on the right, click here . Property lawyers offer expert advice on all aspects of the legal buying or selling of all types of property, for example:- buying or selling a flat, unit, townhouse or house buy to let lease extensions freehold purchases transfers of equity re-mortgages Property lawyers often avoid jargon and advise you at every stage ensuring that you understand the processes involved from when your initial instructions are given to the final completion. Property Litigation & Property Disputes Property litigation is the area of law dealing with property related disputes. These disputes may relate to residential property or commercial property (which is used for business or office purposes). Property litigation often involves complex areas of law and it is essential to seek commercial and correct advice at the earliest opportunity should a dispute arise. Court proceedings can be expensive and time-consuming and an effective property litigation lawyer will be able to help you obtain a resolution or achieve your objectives without the need for court proceedings. Dispute resolution such as mediation can prove cheaper and less stressful. The following are examples of disputes that arise often in the context of property litigation: Disputes over consent to subletting or assigning a property or where a proposed change of use is opposed. There may be breaches of a covenant to repair a building in the lease. The landlord may serve what is sometimes known as "schedule of dilapidations" requiring the breach to be remedied within a certain time frame. Recovery of land/premises from unlawful squatters. Disputes relating to access to the property/ rights of way Commercial rent and service charge recovery Lease surrender negotiations (bringing the lease to an end) Applications to forfeit the lease (an application made by the landlord to recover possession of the property often where the tenant has been in persistent breach of covenant). Property litigation law attempts to strike a balance between the interests of both parties. If you find yourself subject to such a dispute, there is legal protection and various remedies available under property law. If you would like legal advice on a property litigation related issue, please complete your free legal enquiry form on the right, click here . Conveyancing and Property Law Property lawyers also provide services with respect to conveyancing. Conveyancing is the legal transfer of property from one owner to another. The conveyancing process, if properly carried out by conveyancing lawyers, ensures that the purchaser actually owns all the property, land and rights that have been paid for. Selling Your House (conveyancing) i.e. the legal process involved in selling your house can be very complex and without proper legal representation, the process can be quit difficult to follow. Conveyancing Lawyers normally perform the following services: Obtaining the deeds (from your mortgage lender if you have one); Completing a Property Information Form and a list of the Fixtures, Fittings and Contents and advising relation to the contract of sale; Sending out a draft contract package to the buyer's solicitor, providing them with full details of the property and it's services; Agreeing a date when the purchase will be completed; Exchanging contracts; Repaying any mortgage, paying the estate agents, and sending you the rest of the proceeds (or putting them towards the purchase of your new home). If you are looking at buying or selling real estate and would like a property lawyer to look after the conveyancing process for you, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Property Law & Lawyers

### Wills, Estates & Probate Lawyers

Source: https://www.legaladvice.com.au/legal/wills-estates-probate

Will drafting, estate planning, probate, and contested wills.

Wills and Distribution of Assets We are living in an age where the majority of the population are better off than previous generations and most people will posses assets at the time of their death. Wills give instructions that are legally enforceable, on the appointment of an executor and on how assets should be distributed. It is an executor's duty to ensure that the wishes of the deceased are carried out. If the deceased has not bothered making a will then there are legal rules which dictate how the money, property or possessions should be allocated. The rules detail the degrees of relationship that are entitled to claim the assets using a Grant of Administration (or grant of probate) issued upon application to the court. If no relative qualifies under the provisions to claim the assets then the Crown (i.e. the government) may be able to take everything. It is therefore important that almost everyone leaves formal instructions, that is, a "Will" on how they require their assets to be dealt with after death. Failure to do so may mean that the deceased person's assets are distributed in a way that they would not have countenanced in life. If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here . Making a Will - The importance of using a lawyer The rules and regulations are extremely complex and there are numerous pitfalls for the unwary. The most common errors made by people who write their own wills include:- being unaware of the precise requirements necessary to execute and sign the document; failing to distribute all of the assets which may allow the Crown to make a claim; failure to give instructions on how to re-distribute assets in the event of a beneficiary dying; altering a will improperly after initial execution; not taking account of changing relationships including marriages, divorces, births and law pertaining to civil partnerships failure to consider that dependents may have a prior claim on the estate. It is therefore important that a qualified solicitor prepares your Will, so as to ensure that your Will is legally valid, enforceable and that there are no problems in the future. Basically, having a lawyer prepare your Will gives you peace of mind. Making a Valid Will A will should comply with the legal requirements of executing a will. Unless each and every one of the requirements below is met when making a will, the court may not consider the will to be valid and the estate will be dealt with as if there were no will (as an intestate estate). The requirements for making a valid will are: it must be in writing, either typed or handwritten it must be signed by the will-maker or by some other person in the presence of and at the direction of the will-maker the will-maker's signature must be made or acknowledged in the presence of two or more witnesses, present at the same time at least two of those witnesses attest (witness) and sign the will in the presence of the will-maker (but not necessarily in the presence of each other) the signature of the will-maker or person signing at the direction of, and in the presence of the will-maker must be made with the intention of executing the will. It is not essential that the will-maker signs at the foot of the will. It is not essential for a will to have an attestation clause. A witness does not need to know that it is the will-maker's will that they are witnessing. If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here . Death and Estates Property and assets belonging to a person who has died are called their estate. An estate can also be dealt with when there is no will, or if a will exists but no executor is appointed, or the appointed executor is not willing to take on the role. In this situation, the court will appoint an administrator, and the estate is distributed according to the terms of the will (if there is one) or the statutory order known as the intestacy rules. There are many aspects to dealing with an estate. Certain legal procedures must be followed, and financial matters sorted out. Human relationships are never simple and death can complicate matters, especially if it is unexpected and there is no will. Even when there is a will, and seemingly amicable relations exist among the deceased's family, lovers and friends, it may not take long for tensions to surface. Often, death can be a catalyst for exposing unresolved conflicts. Inheritance problems resulting from complex family and personal relationships, perhaps involving adopted or ex-nuptial children, and disputes over family property, may sometimes lead to expensive and time-consuming court cases. Before considering this option, however, it is wise to get as much advice and information as you can. A court case does not guarantee anyone, except perhaps the lawyers involved, a happy outcome. If you would like to make a legally valid will or would like advice regarding any aspect of Wills, estates and probate law including contested Estates, then please complete your free legal enquiry form on the right, or click here . Rights of beneficiaries and others Beneficiaries under a will have certain rights and protections under the law. The grant of probate or administration provides some protection to beneficiaries or next of kin. Subject to the family provision laws, they can be sure that they are the only people who will receive the property of the deceased person. If someone disputes the claim by producing another will, for example, the only way that person can receive any of the estate is to apply to the court to revoke the grant of probate (or letters of administration). If the deceased left gifts of money, assets may have to…

### Workers Compensation Lawyers

Source: https://www.legaladvice.com.au/legal/workers-compensation

Claims for workplace injuries, disease, and psychological injury.

If you have been injured at work you could be entitled to claim a lump sum compensation. To find out if you are eligible, please complete your free legal enquiry form on the right, or click here . Accidents in the work place can happen at any time. The list of possible causes is endless but some common examples of work injuries are as follows: Slip, Trip and fall Injuries, Back Injury due to Lifting Objects, Forklift Truck Accidents, Injuries caused by operating machines Finger injuries carring out manual work Scaffolding Accidents, Factory Accidents, Vibration White Finger, Asbestos Related Disease, Industrial Diseases, Industrial Deafness, Accidents due to Inadequate Training Accidents due to unsafe or dangerous work conditions All employers have to comply with strict health and safety legislation to ensure that their employees are not put at risk of being injured and that the work environment is safe. Despite this, many personal injury at work or work accidents still occur – accidents which lead to injuries. Injuries sustained from work accidents may mean you have to take time off work to recover which can lead to financial difficulties. Making a work accident claim will help ease the financial burden and also provide you with treatment to enable a full recovery. If you have had an accident at work and need advice on making a claim then please complete your free legal enquiry form on the right, or click here . There are many different situations giving rise to work injuries. Some examples include: Falling over objects lifting heavy objects moving difficult objects carrying out excessive physical activities using stairs and ladders bending, twisting and lifting Being hit by a vehicle finger and hand injuries Tools breaking Falling Objects Catching your hand in a machine and many more Accidents at work are very common and can occur in any job, in any situation. You shouldn’t be afraid of filing a work accident claim against an employer if you have had an accident at work. After all, they have a duty to provide safe working conditions, and if they don’t fulfill this then they are breaking the law, as well as putting you at risk. Work accidents can happen regardless of where you work. You may think that factory accidents and construction site accidents are the only types of accidents which occur at work, but office environments have their own set of dangers to watch out for as well. Every employer has a set of responsibilities to their employees to ensure their environment is safe, and the risk of an accident at work is minimal. This not only protects their workers, but prevents work accident claims being filed against them. Responsibilities could come in many different forms, whether they be testing machinery regularly, providing adequate safety equipment, or informing employees of dangers in the workplace, and how to avoid them. Each environment will have its own set of work accident risks, which need to be handled by the employer. Accidents at Work There are an infinite number of ways in which accidents can occur at work. However, broadly speaking, work accidents and work injuries can occur through four main areas as follows: Manual Handling Accidents Construction Accidents Factory Accidents Industrial Accidents Office Accidents Manual Handling Accidents Manual handling accidents account for the majority of workplace injuries. Manual handling accidents can occur when lifting, pushing, pulling, twisting, bending, squatting and lowering and carrying heavy objects. Manual handling accidents can cause injury to almost any part of the body (including the lower body and upper body) in particular the back, neck and shoulders. Anyone who has had a manual handling accident is covered. Some jobs are obvious contenders, such as work on building sites, farm workers, workers in warehouses and shops, nurses and ancillary staff in hospitals and care homes, and delivery workers. Other less obvious occupations (although injuries can and do occur), are office workers, workers in banks and what might traditionally thought to be "lighter jobs". Pre existing health problems can play a part and injuries do not have to be immediate, they can occur over time as a result of repeated activity. What should the Employer do to prevent or minimise the risk of manual handling accidents? Well first off, the employer has to assess the risk of injury from the manual handling and where so far as is practicable, avoid the need for it all. If manual handling is the only way to carry out the task, then there should be risk assessments to reduce the risk to as low as possible and the use of mechanical aids should be considered, such as hoists and other lifting equipment. If you have suffered a work injury due to a manual handling accident while at work, then please complete your free legal enquiry form on the right, or click here . Construction Accidents Construction sites are dangerous places, your employer has a duty of care to ensure that the workplace and work environment is safe at all times during work. Construction sites pose a large variety of risks, making the possibility of an accident quite high. Working with dangerous equipment, working around hazardous and unstable materials or simply putting your body through demanding work and strain could all lead to a construction accident. Other dangers include working at height where materials can fall, failing to erect safety barriers as construction work progresses, hazards at ground level during ground works and heavy machinery and lifting procedures. All of these situations carry a degree of risk that needs to be addressed with special training and extra care to avoid a construction site accident. Because of the different risks, your employer and site manager have responsibilities (or a ‘duty of care’) to provide correct, suitable and up to date safety equipment and advice. By neglecting this duty of care, they are running the risk of a construction accident claim, an…

### Administrative Law Lawyers

Source: https://www.legaladvice.com.au/legal/administrative-law

Challenges to government decisions, tribunal appeals, and judicial review.

If you believe you have an administrative law matter, then please complete your free legal enquiry form on the right, or click here . Administrative/Public law, which is at the interface between the individual and the authorities, deals with the appropriate relationship between different arms of the state. At its core is the principle that all decision makers must act in accordance with the law. These include decisions relating to: Human Rights Regulatory/Discipline Health Care Policies Planning licensing matters Public Bodies Care Commission Disability Parole Board Prisoners rights Housing Social/Sports clubs Legislation Administrative Law Lawyers are able to act for individuals and organisations both as challengers to or defenders of a decision making process. If you believe you have an administrative law matter, then please complete your free legal enquiry form on the right, or click here . The Administrative Appeals Tribunal - AAT The role of the Administrative Appeals Tribunal is to provide independent merits review of administrative decisions. The Tribunal aims to provide a review mechanism that is fair, just, economical, informal and quick. The Tribunal was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976. The Administrative Appeals Tribunal Act and the Administrative Appeals Tribunal Regulations 1976 set out the Tribunal's powers, functions and procedures. The Tribunal reviews a wide range of administrative decisions made by: Australian Government ministers; departments; agencies; authorities; and other tribunals. In limited circumstances, the Tribunal can also review administrative decisions made by state government and non-government bodies. If you believe you have an administrative law matter, then please complete your free legal enquiry form on the right, or click here. Merits review of an administrative decision involves considering afresh the facts, law and policy relating to that decision. The Tribunal considers the material before it and decides what is the correct - or, in a discretionary area, the preferable - decision. It will affirm, vary or set aside the decision under review. The Tribunal is not always the first avenue of review of an administrative decision. Sometimes, the Tribunal cannot review a decision until an internal review has been conducted by the person or body that made the primary decision. In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal. If you believe you have an administrative law matter, then please complete your free legal enquiry form on the right, or click here. Section 33 of the Administrative Appeals Tribunal Act requires that proceedings of the Tribunal be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Act and a proper consideration of the matters before the Tribunal permit. The Tribunal is not bound by the rules of evidence and can inform itself in any manner it considers appropriate. If you believe you have an administrative law matter, then please complete your free legal enquiry form on the right, or click here . Further Resources - Administrative Law & Lawyers

### Alternative Dispute Resolution Lawyers

Source: https://www.legaladvice.com.au/legal/alternative-dispute-resolution

Mediation, arbitration, and negotiated settlement of legal disputes.

Alternative Dispute Resolution (Also known as ADR) provides a voluntary alternative to the accepted practice of using the courts to settle civil disputes. The principle forms of ADR are adjudication, arbitration, conciliation and mediation. The best known and most commonly used forms of ADR in Australia are arbitration and mediation but adjudication is rapidly becoming established as a valued method of settling disputes quickly, fairly and cheaply. It has become popular in some quarters, in particular lawyers and mediation service providers, to regard conciliation, negotiation and mediation alone as ADR. For these people a negotiated settlement is an alternative to having a dispute brought to an end by a third party such as an adjudicator, an arbitrator or a judge. This narrow definition ignores the significance of the voluntary aspect of private dispute settlement and the role that is played in all forms of ADR processed by experts and professionals outside the legal profession. Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form. Civil Disputes : These are disputes between private individuals and or organisations in respect of differences about the parties' respective legal rights and interests. Some legal rights are inherent, such as personal safety, ownership of property, personal integrity and reputation whilst other rights arise out of agreements. The difference or dispute is likely to centre around a failure by one person to perform legal duties owed to another which result in harm to the legal interests of that other person. The principal categories of civil dispute involve claims founded in the law of contract, the law of tort which is concerned in particular with accidents and professional negligence, breaches of trust and the redistribution of shared property following the break up of relationships. Insurance, the construction and maritime industries and employers are the most common users of ADR processes. Where ADR is not applicable : ADR is not available for criminal cases which are dealt with by and on behalf of the State before the Criminal Courts. Public Law disputes between individuals and the State, for example a complaint that an application for planning permission has not been dealt with properly by a planning and development licensing authority, are normally dealt with by specialist decision making bodies such as administrative tribunals which whilst distinct from the courts remain part of the State Judicial Machinery. Often the decision making body may be called an adjudicator or an arbitrator but since the decision making process is not voluntary, despite the similarity in name, the process is not part ADR. However, where the organs of state engage in the same type of activities as ordinary people and organisations, such as driving vehicles and business agreements, resultant disputes are civil and can be disposed of by either the civil courts or ADR. Should you require legal help or legal representation regarding any aspect of alternative dispute resolution, then please complete your free legal enquiry form. The main types of alternative dispute resolution are as follows: Ombudsmen Ombudsmen investigate and resolve complaints about public and private organisations. They also encourage good practice in the way complaints are handled by organisations and government bodies. The majority of recognised ombudsman schemes are set up by statute; others are voluntary non-statutory schemes set up on the initiative of the service sectors concerned. For example, services provided by insurance companies, banks and building societies are all covered by the Financial Ombudsman Service (FOS). Conciliation Conciliation involves an impartial third party helping the people in dispute to resolve their problem. The parties are free to agree to the resolution or not. In consumer disputes, conciliation is the first stage in the arbitration process and the conciliator is usually a member of the trade association. Should you wish to be legally represented at a conciliation, then please complete your free legal enquiry form to be put in contact with a lawyer who is ready, willing and able to represent you at a conciliation. Mediation Mediation involves an independent third party helping disputing parties to resolve their dispute. The disputants, not the mediator, decide the terms of the agreement. The mediator has an important role, however, in 'reality testing' any agreement, ie in checking carefully that the parties are able to do what they agree to do. Should you wish to be legally represented at a mediation, then please complete your free legal enquiry form to be put in contact with a lawyer who is ready, willing and able to represent you at a mediation. Mediation is now widely recognised in the UK and Europe as the most popular form of alternative dispute resolution as it offers solutions beyond those that a court could ordinarily impose. It is increasingly used in commercial, personal injury and clinical negligence cases. Family mediation helps those involved in family breakdown to communicate better with one another and reach their own decisions about children, property and finance. Arbitration In arbitration an independent, impartial third party hears both sides in a dispute and makes a decision to resolve it. In most cases the arbitrator's decision is legally binding on both sides, so it is not possible to go to court if you are unhappy with the decision. Arbitration is in many ways an alternative form of court with procedural rules which govern issues such as disclosure of documents and evidence. But arbitration is private rather than public. Hearings are less formal than court hearings, and some forms of arbitration do not involve hearings but are decided on the basis of documents only. Should you wish to be legally represented at a arbitration, then please complete your f…

### Apprehended Violence Orders Lawyers

Source: https://www.legaladvice.com.au/legal/apprehended-violence-orders

AVO applications, defence, and variations in NSW and other states.

In some parts of Australia, a court grants an apprehended violence order (AVO) to a person who fears violence or harassment from their harasser. A court can issue an apprehended violence order if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking. If a defendant knowingly contravenes a prohibition or restriction specified in the order, he or she can be subject to a fine, imprisonment, or both. Do you have a legal matter involving an apprehended violence order (AVO)? If so, Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter. What is an Apprehended Violence Order? An Apprehended Violence Order (AVO) is an order made by a court restricting the behaviour of the person you take the order out against. The purpose of an AVO is to protect you from violence, harassment or intimidation in the future. An AVO usually states that a person cannot assault, harass, threaten, stalk, or intimidate you, or go within a certain distance of your home or workplace. Other orders can be included if necessary. If you have a legal matter involving an Apprehended Violence Order, then please feel free to complete your legal enquiry form on the right, or click here. There are two types of Apprehended Violence Orders: (1) Apprehended Domestic Violence Order (ADVO) An AVO made where the people involved are related, living together or in an intimate relationship, or have been in this situation earlier. (2) Apprehended Personal Violence Order (APVO) An AVO made where the people involved are not related and do not have a domestic or personal relationship, eg. they are neighbours. Do you need legal help regarding an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order? If so, please complete your free legal enquiry form on the right, or click here . The Court can make an AVO if either: A defendant consents to an AVO being made or evidence is heard and it is proved that the person in need of protection in fact fears violence or harassment or some other behaviour by the defendant that justifies an AVO being made. The Magistrate also has to be satisfied that there are reasonable grounds for those fears. Protection orders (called Apprehended Violence Orders in New South Wales) are orders made under State or Territory laws that provide a quick and flexible method of obtaining legal protection from many forms of violence, for example: - Physical abuse, e.g. using physical force - Sexual abuse, e.g. forced sexual activity - Psychological abuse, e.g. harassment, intimidation - Stalking. Do you have a legal matter involving an apprehended violence order (AVO)? If so, Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter. The Local Court, Magistrates Court and AVO's The local courts can make an “Apprehended Violence Order” (called “AVO” for short). Basically, an AVO acts as a restraining order, which orders the violent person to stay away from you, your home and/or your workplace. As a general rule, an AVO will stop the violent person from continuing to harass you. As stated above, there are generally two types of Apprehended Violence Order: (a) An Apprehended Domestic Violence Order An Apprehended Domestic Violence Order is used when there is a domestic relationship between you and the other person for example, partner, family relative, or someone you are living with. (b) An Apprehended Personal Violence Order Apprehended Personal Violence Order is used when there is a not a domestic relationship between you and the other person, for example, your neighbour. Some general information regarding Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders: Who can apply for a Apprehended Domestic Violence Order or an Apprehended Personal Violence Order? As indicated above, you can apply for an Apprehended Violence Order against a person if you can show that you fear: - Physical violence. - Damage to your property - Harassment, intimidation or offensive behaviour - Being stalked. If you would like to apply for an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order and would like a lawyer to represent you, then please feel free to complete your legal enquiry form on the right, or click here. In some cases the police must make the application, for example, for children under 16 years and in certain circumstances involving violence against women. If you called the police for help, then the police can apply for an AVO for you. The police prosecutor would then go to court to ask the magistrate to give you an AVO. You will still need to go to court to tell the magistrate why you need protection. How do I get a protection order from the Local Court? You can apply for your own AVO yourself or the police can apply for you. If you apply yourself, the chamber magistrate at your local court can prepare the Summons for you for free. You must explain to the chamber magistrate that you are afraid of violence or harassment and tell him or her what has happened that makes you afraid. The Summons will order the violent person to come to court. If you need protection straight away, you can ask the chamber magistrate to help you get an interim AVO that will last until the case comes up for hearing. If you would like to apply for an Apprehended Domestic Violence Order or an Apprehended Personal Violence Order and would like a lawyer to represent you, then please feel free to complete your legal enquiry form on the right, or click here . On the day the violent person comes to court you need to come as well and tell the court why you want the order. You must tell the magistrate in court that you are afraid of the violent person and point to particular acts of violence and/or threats of violence that have happened that make you afraid this person will be violent to you in the…

### Aviation Law Lawyers

Source: https://www.legaladvice.com.au/legal/aviation-law

Aviation accidents, regulatory compliance, and airline liability matters.

Aviation Law is that branch of law that covers aspects of air transportation and civil aviation, including: - passenger air travel; - air freight shipping; - airspace rights of way; - contractual issues amongst airports; - commercial issues and transactions in relation to civil aviation; and - aircraft operation and maintenance. By its very nature, aviation law involves interplay of international law, federal statutes and regulations, and state and federal tort law. If you have a legal situation involving aviation law, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter involving aviation law. Aviation is governed by federal legislation and is to be found amongst the following: • Crimes (Aviation) Act 1991 • Civil Aviation Regulations 1998 • Civil Aviation Safety Authority (CASA) • Air Services Act 1995 • Airworthiness Directives (CASA) • Aviation Transport Security Act 2004 Do you have a legal matter involving Aviation Law? If so, please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter involving aviation law. Aviation Lawyers provide clients with a full range of aviation and aerospace services, regardless of location, and have an appreciation and understanding of the aviation industry. They are generally involved in all types of aviation-related work, whether in the context of a high-value contractual dispute with a manufacturer, the development of an airport, a re-fleeting programme or a major casualty. They deliver advice and know-how on all aspects of the aviation sector, including in particular: • Aviation Corporate and commercial • Aviation Finance and leasing • Aviation Insolvency and restructuring • Aviation Liability, accidents and claims • Aviation Litigation and dispute resolution • Aviation Competition • Aviation Regulation If you have a legal situation involving aviation law, then please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter involving aviation law. Avaition lawyers can also give advice on more general areas such as employment, property and tax. So clients of all types from across the sector can rely on Aviation Lawyers to service all their aviation legal needs. They include airlines and their insurers, industry associations, financial institutions, lessors, government agencies, airports and others involved in the aviation business. Aviation Law and Aviation Lawyers Aviation lawyers can advise clients on matters ranging from aircraft financing to the handling of complex and delicate matters in a range of jurisdictions. Most Aviation Lawyers can cover the full spectrum of aviation advice our clients require including insurance and reinsurance liability and subrogation work as well as coverage. If you need legal help regarding any aspect of aviation law, then please complete your free Legal Enquiry Form, on the right, or click here to request immediate legal assistance on your legal matter. Aviation Lawyers also advise on regulatory and commercial issues as well as safety law and regulations, compliance issues, business jet acquisition, fleet renewal and asset-based financing, reputation, criminal sanctions, aviation contract work, corporate governance, crisis management, strategic safety and brand reputation issues. Aviation Lawyers client base generally comprises of some or all of the following; airlines, operators, regulators, manufacturers, airports and their trade bodies, insurers, reinsurers and insurance trade associations. If you need legal help regarding any aspect of aviation law, then please complete your free Legal Enquiry Form, on the right, or click here to request immediate legal assistance on your legal matter. Further Resources - Aviation Law & Aviation Lawyers

### Banking & Finance Lawyers

Source: https://www.legaladvice.com.au/legal/banking-finance

Banking disputes, lending, and financial services regulation.

Banking and finance law general involves a variety of specialist areas including: • Corporate lending • Acquisition finance • Corporate debt and equity restructuring • Corporate finance, including joint ventures and equity investment • Property acquisition, investment and development finance • Insolvency and restructuring • Asset backed and trade finance • All types of corporate, business and personal security and subordination issues. In some situations, Banking and Finance Lawyers also help raise finance links with funders and financial institutions. Banking & Finance lawyers act for clients big and small, leading banks, financial institutions and corporate borrowers on a wide variety of complex national and international transactions. They have a comprehensive understanding of the banking and finance markets. Some have experience acting for regional, national and international lenders and borrowers on all of their funding requirements. If you need legal help regarding Banking & Finance Law, then please complete your free legal enquiry form on the right or click here . Banking and Finance Lawyers also provide advice on a whole range of financing transactions, from basic secured lending to drafting and negotiating complex syndicated loan facilities including refinancing existing facilities, revolving credit facilities and intercreditor issues. Banking and Finance Lawyers generally have an insight and appreciation of the needs and pressures of clients in the finance sector through commercial awareness. Banking and Finance Lawyers are often able to provide banking and finance advice across a broad range of sectors including: • banks and financial institutions • property investment and development • healthcare • sustainability If you need legal help regarding Banking & Finance Law, then please complete your free legal enquiry form on the right or click here . Specialist Banking and Finance Lawyers generally provide a range of structured finance and lending advice to borrowers and lenders including: • Corporate banking advice • Acquisition/leveraged finance advice • Structured finance advice • Real estate finance advice • Development finance advice • Private equity advice • Insolvency and restructuring advice • Banking litigation advice • Preparation and agreement of facility documentation • Taking and giving debentures over assets of companies • Asset backed finance, including invoice discounting • Charges over freehold and leasehold properties • Security over contracts • Security over intellectual property rights • Inter-creditor arrangements • Providing letters of opinion and arranging foreign legal opinions • Assignment of the benefit of copyrights • Assignment of benefit of building contracts • Parent company guarantees and performance bonds • Collateral warranties • Legal due diligence reporting • Consideration of financial assistance issues If you need legal help regarding any aspect of Banking & Finance Law, then please complete your free legal enquiry form on the right or click here . Further Resources - Banking & Finance Law & Lawyers

### Building & Construction Lawyers

Source: https://www.legaladvice.com.au/legal/building-construction

Construction disputes, defective building work, and contract variations.

Building and construction law relates to all types of disputes which might arise during a building project, from conservatories to large commercial redevelopments. The law covers disputes between customer and builder, builders and sub-contractors, disputes with architects, surveyors and engineers. Often building and construction disputes involve complaints about the standard and quality of construction work or delay in getting the job done. If you have a legal matter involving any issue regarding building and construction, then please complete your free legal enquiry form on the right, or click here . Broadly speaking Building and Construction Lawyers handle all legal disputes arising from the building and construction process - from land acquisition and construction to management of post-construction settlements. Building and Construction Lawyers handle all aspects of building, construction and development including: • Home Building Act 1989 • Professional liability & negligence • Joint venture & business negotiation • Construction claims • Building & Construction Industry Security of Payment Act • Tribunal & Court attendances • Insurance claims advice • Home warranty claims • Building protection works • Claims resolution • Construction litigation • Risk management • Arbitration & mediation • Contract interpretation, administration & advice • Debt recovery • Construction Contracts and Payment Schedules • Insolvency & bankruptcy Some examples of advice provided by Building and construction lawyers: • legal issues arising from improvements of all sizes; • complex government building and construction projects; • commercial and industrial building and construction projects; • multi-storey developments; • complex building, construction and development matters; • house renovations and home improvements; • house construction including kit homes; • additions and alterations to houses and residences; and • claims under the Building and Construction Industry Security of Payment Act. If you have a legal matter involving any issue regarding building and construction, then please complete your free legal enquiry form on the right, or click here . Building and Construction Lawyers Building and Construction Lawyers can advise on a wide range of both contention and non-contentious construction issues for all types of clients such as: • developers • builders • owner builders • investors • contractors • project managers and other professionals. In relation to contentious matters, building and constructions lawyers can place a strong emphasis upon acting alongside their client in order to avoid developing disputes. Where negotiation or mediation is inappropriate, building and constructions lawyers have a robust and vigorous approach to the resolution of disputes by adjudication, arbitration, litigation or expert determination as circumstances require. If you have a legal matter involving any issue regarding building and construction, then please complete your free legal enquiry form on the right, or click here. Building & Construction Lawyers generally specialise in advising clients with respect to the following building and construction issues: • Contentious and non-contentious building disputes • Construction contracts and the role of industry professionals • Standard form and bespoke contracts • Risk management • Tactical and strategic advice • Pre-emptive advice and dispute resolution • Construction sector professional negligence Areas of Practice of a building and construction lawyer: • Procurement methods • Negotiation of building contracts • Professional appointments • Collateral warranties • Project management agreements Construction focuses around contentious and non-contentious work. The former involves early dispute resolution through settlements, arbitration, third party mediation or finally, litigation and adjudication. Non-contentious work includes: preparation and negotiations on building projects, assisting on areas of procurement of various resources and materials, and advising on environment, health and safety, insurance and other matters. If you have a legal matter involving any issue regarding building and construction, then please complete your free legal enquiry form on the right, or click here . Projects can include segments other than construction, like infrastructure projects for roads, hospitals, public amenities, and prisons; industry-specific projects such as those in oil & gas production, operations in power generation, water and hydroelectric projects such as dams, reservoirs and so on. A projects’ lawyer works in collaboration with other colleagues and professionals in project finance and real estate/property to see projects through to fruition. The movement towards Public Private Partnerships (PPP) has seen the advent of private finance and management into what previously was governmental domain, and many public projects are today executed with Private Finance Initiative, not only in the establishment and execution phase, but also in running future operations and management of such enterprises. If you have a legal matter involving any issue regarding building and construction, then please complete your free legal enquiry form on the right, or click here. What is involved in Construction Law? As stated above, most Construction lawyers who practice in non-contentious areas of the field work on: (a) negotiating and drafting agreements between interested parties such as the property company or landowners, builders, architects, engineers, contractors and sub-contractors; (b) coordinate with other legal departments in finance and real estate to complete the necessary due-diligence, conditions-precedent and funding of the project; (c) obtain necessary civil and municipal approvals and sanctions from local authorities; (d) monitor progress of the construction with periodic site visits and meetings with stakeholders; and (e) on completion and handover of the project as per contractu…

### Children & the Law Lawyers

Source: https://www.legaladvice.com.au/legal/children-the-law

Legal matters affecting children including care, protection, and welfare.

It is recommended that separating/divorcing couples try very hard to reach an amicable agreement regarding the residency and contact arrangements for the children and this approach is encouraged by the Family Court. For the parenting plan agreed in this way to be recognised under the Family Law Act, it must be in writing, dated and signed by both parents. This can be re-negotiated and changed over time with both parents agreement. If you wish to have the parenting plan legally binding, you can register it with the Court without having to actually attend Court by way of a Consent Order. Note that changes to a registered parenting plan would need to go through the court again. If you cannot agree on the arrangements by way of a parenting plan or consent order, the matter can be settled by the Court via an Order. If you need legal help regarding parenting plans, then please complete your free legal enquiry form on the right, or click here . As of 1st July 2008, the family law system has made Family Dispute Resolution a requirement before you can apply to Court for a new Parenting Order or changes to an existing one. Family Dispute Resolution is the legal name for mediation and conciliation services that can be used to help people going through separation and divorce to resolve disputes without having to go to court. More information about how to do this and help with finding a registered family dispute resolution provider can be found at Family Relationships Online or Relationships Australia. In order to proceed to court to obtain a parenting order, proof must be shown that the compulsory resolution attempt has been made by way of a certificate issued by a registered family dispute resolution provider, unless you meet one of the exception criteria below: Exceptions to Compulsory Family Dispute Resolution You are applying for an agreed Consent Order. You are responding to an application made by the other party. The matter is urgent. The court is satisfied that there are reasonable grounds to believe there has been family violence or child abuse, or that there is a risk of these should there be any delay. Where practical reasons make dispute resolution ineffective, such as distance from a provider of the resolution services, or an incapacity of some kind. Where a person has contravened and shown a serious disregard for a court order made in the last 12 months. If you would like legal help regarding any aspect of family dispute resolution, then please complete your free legal enquiry form on the right, or click here Orders There are three types of orders and you need to specify which you are submitting when applying to the court. They are: Consent Orders - to register the plans that you both have agreed on. Consent orders have the same legal effect as an order made after a Court hearing, therefore they are binding on both parties. Final Orders – to bring a matter to a close. Interim Orders – for urgent cases, these last until other orders or a final order is made. Orders fall into two categories these being parenting orders covering the care arrangements for the children, and financial orders covering spousal maintenance as well as the division of property, superannuation, financial assets and liabilities. The remainder of this section describes Parenting Orders. More information on financial orders can be found on the financial arrangements page. Parenting Order The Family Law Act sets out the principles the Court will apply when assessing Parenting Order applications. The relevant sections are 60B, 60CA, 60CC, 61DA and 65DAA. These ensure that the child’s best interests are met by ensuring children, in so far as possible, have a meaningful relationship with both parents, are protected from physical and psychological harm, can fulfil their potential, and that their parents meet their parenting responsibilities. Registered parenting plans would need to keep these in mind when being drafted otherwise the court may not accept them. Any person concerned with the care, welfare and development of a child can apply for parenting orders. This may include the child’s parents, grandparents or other relatives. The order determines one or more of the following: whom a child will live with including any shared arrangements; the time the child spends with the parent they are not living with as well as anyone else who is an important part of their life, e.g. grandparents. Spending time includes face-to-face contact, phone, letters and email etc; any other aspect of parental responsibility, such as education, religious and cultural upbringing, day-to-day care, welfare and development; where there is shared parental responsibility, the way the parties will consult with each other in order to make decisions affecting the child; child maintenance for children not covered by the Child Support (Assessment) Act; the steps to be taken before an application to vary the parenting order is made to the Court in the event that the needs or circumstances of either the child or parents change; how disputes regarding the terms or practical application of the parenting order will be solved; any aspect of care, welfare or development of the child, or any other parental responsibility matter; in addition to the above, the order may also deal with allocating responsibility for making decisions about major long-term issues relating to the child. If you need legal help regarding parenting orders, then please complete your free legal enquiry form on the right, or click here . What does the Court take into account? When deciding to make a particular parenting order, the Court must put the child’s best interests first. It does this by way of primary and additional considerations. Primary Considerations There are two primary considerations the Court must base their decision on: The benefit to the child of having a meaningful relationship with both parents. The need to protect the child from physical and/or psychological harm due to…

### Citizenship & Immigration Lawyers

Source: https://www.legaladvice.com.au/legal/citizenship-immigration

Citizenship applications, visas, and migration advice.

Would you like to become an Australian Citizen? Are you, or your family or friends, seeking to migrate to Australia? Do you have a visa issue? If you answered "yes" to any of the above questions then you have come to the right place. All you have to do is complete your free legal enquiry form on the right, or click here, to request help. Migration Lawyers provide advice and representation on all aspects of migration, citizenship and visa law including: • Appeals to the Migration Review Tribunal • Citizenship law and citizenship issues • Family migration • Business migration • Skilled migration • Student migration • Liaising with the Department of Immigration and Citizenship • Visa issues, such as visa cancellations, refused applications, extensions of visas Do you, or your family or friends, need legal help regarding citizenship, visa or immigration law? If so, please complete your free legal enquiry form on the right, or click here . Immigration Lawyers generally provide representation and advice on all aspects of citizenship and immigration law including legal help and advice with respect to: • Australian and overseas and business sponsorship arrangements • Business sponsorship obligations and employment related matters • Preparation, lodgement and approval of sponsorships, nominations and visa applications • Compliance issues, sponsorship monitoring, audits and site visits • work rights, verification of work rights, recruitment protocols and risk management • breaches of sponsorship obligations, sanctions and penalties • Employer and Recruiter responsibilities in regard to overseas workers • Assistance with employer nomination and regional sponsorship schemes • recognition of overseas qualifications, licensing and registration requirements • recognition of overseas qualifications, skills assessments, licensing and registration requirements • negotiating approval of Labour Agreements including On Hire Agreements • negotiating approval of Enterprise Migration Agreements Immigration lawyers represent clients in interviews or appearances before the Department of Immigration and Citizenship, Australian Consulates or Tribunals of Review and the Courts. Do you, or your family or friends, need legal help regarding citizenship, visa or immigration law? If so, please complete your free legal enquiry form on the right, or click here . Immigration lawyers provide advice on all visa categories, including: • Sponsorship by Australian business • Sponsorship by overseas business • Employer nomination scheme • Regional sponsored migration scheme • Labour agreements • Skilled migration visas Visas, Immigration and Refugees Immigration Lawyers are able to provide legal assistance for: • Professionals and other skilled workers seeking work or business in Australia • People moving permanently to Australia or returning from overseas • Tourists, working holiday, people transiting, visiting family or friends, or visiting for business or an event • People studying or seeking study, training, or skills development in Australia • Education agents and providers • Employers who sponsor skilled people to work in Australia • Australia's Refugee and Humanitarian programs • Important information people should know about Australian visas • Workers • Employer Sponsored Workers • Professionals and other Skilled Migrants • Business People Specialist Entry • Doctors and Nurses • Regional Employment • Air and Sea Crew • Pacific Seasonal Worker • Migrants and Family Members Returning • Residents • Visitors • Tourists Working • Event Organisers and Participants • Students • Student Visa Options • Student Guardians • Students including: Student Visa Assessment Levels; Student Visa Program Review; and Sponsored Training Visas Do you, or your family or friends, need legal help regarding citizenship, visa or immigration law? If so, please complete your free legal enquiry form on the right, or click here . Lawfully operating Australian employers can sponsor and employ skilled workers who have recognised qualifications and skills/or experience in particular occupations required in Australia. Immigration lawyers also provide legal representation and advice to Employers including: • Employer Sponsored Visa Options; and • Employer Obligations It is an offence under the Migration Act 1958 for a person to knowingly or recklessly allow an illegal worker to work or refer an illegal worker for work with another business. Immigration Lawyers can secure temporary and permanent residence visas for personnel at executive, managerial, professional, technical and trade levels. Applying for citizenship The process of applying for Australian citizenship varies depending on your eligibility. There are a number of different application options with different eligibility requirements. Generally, to apply for Australian citizenship you will need to: • Determine that you are eligible • Gather your original documents • Copy and certify your documents • Complete and lodge your application. A decision on your application for citizenship will only be made after you have lodged a completed application form together with the required documents and fee. Do you, or your family or friends, need legal help regarding citizenship, visa or immigration law? If so, please complete your free legal enquiry form on the right, or click here . The Australian Citizenship Act 2007 is the legal basis for all citizenship provisions. It commenced on 1 July 2007. It was amended by the Australian Citizenship Amendment (Citizenship Testing) Act 2007 in September 2007. About the Tribunals The Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT) (the Tribunals) review visa and visa-related decisions made within the Immigration and Citizenship portfolio. The Tribunals' objective is to provide reviews that are fair, just, economical, informal and quick. It aims to make the correct decision in individual cases, and to influence decision-making through quality…

### Civil & Political Rights Lawyers

Source: https://www.legaladvice.com.au/legal/civil-political-rights

Protection of civil liberties and political rights under Australian law.

Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression. If you need legal help, please complete your free online legal enquiry form on the right. Civil rights include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age, sexual orientation, or gender identity; and individual rights such as the freedoms of thought and conscience, speech and expression, religion, the press, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, and the right to vote. Civil and political rights form the original and main part of international human rights. They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social and cultural rights comprising the second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights. Civil liberties and human rights Lawyers Civil liberties and human rights is not a distinct area of law - legally enforceable rights and responsibilities underpin the legal system. The Human Rights legislation affects relations not only between individuals and public authorities but also between individuals themselves. It impinges not only upon the behaviour of public authorities, the courts and tribunals, but also upon disputes regarding contract, commercial and insurance matters, personal injury, family, welfare, education, disability, mental health, immigration, property, employment, defamation, privacy, tax, housing, planning and the environment and criminal law and more. If you need legal help, please complete your free online legal enquiry form on the right, or click here . These pages do not attempt to explain current law or to give legal advice. If you want to know more or need advice on a particular issue, you can find a lawyer by completing your free legal enquiry form on the right. Human rights and public law - Protecting civil liberties Protecting the rights and freedoms of ordinary people and challenging discrimination are at the heart of Civil & Political Rights Lawyers work. Lawyers practising in the area of Civil & Political Rights generally have the following clients: (a) Individuals They act for individuals and groups of people who believe their human rights are being violated by the state or other powerful bodies. They specialise in judicial review: the process by which the Administrative Court ensures that public bodies act fairly. (b) Organisations They also act for organisations, such as public authorities, businesses, and Non-Government Organisations. They can offer timely, clear advice on how organisations can lawfully exercise their powers - or advise when they are facing a challenge from an individual about previous decisions. The help their clients ensure that their decision-making is fair and robust. (c) Activists and pressure groups They regularly work with activists and pressure groups, where the legal case will be just one strand in a wider campaign or protest. Lawyers often appear in the media, explaining the legal issues involved, where it is in the interests of their client’s case to do so. If you need legal help, please complete your free online legal enquiry form on the right, or click here . Some examples of legal situations requiring the expertise of a lawyer where civil, political and human rights laws and legislation's apply: • Duty to investigate deaths and suicide attempts in custody • Race discrimination • Denial of Australian citizenship • Representation to prisoners • Discrimination against gays and lesbians • Environmental regulation and regulation of animal welfare • Parliamentary Ombudsman’s exercise of power to investigate, and the government’s refusal to accept the Ombudsman’s report on various matters • Professional regulation • Exercise of police powers to prevent individuals participating in peace demonstrations • Powers of coroners • Rights to personal privacy and data protection and access to information • Powers and duties of external auditors to local government and police authorities • Corporate governance of public authorities If you need legal help, please complete your free online legal enquiry form on the right, or click here . Further Resources - Civil & Political Rights Law & Lawyers

### Commercial Law Lawyers

Source: https://www.legaladvice.com.au/legal/commercial-law

Commercial transactions, agreements, and business disputes.

Specialist commercial lawyers generally advise small and medium-sized businesses on any legal issue including contracts, commercial property, mergers and acquisitions, litigation, debt collection, employment issues, licensing and intellectual property as well as all other commercial and business transactions throughout every industry. If you need help on any aspect of commercial law, then please complete your free legal enquiry form on the right, or click here . Commercial contracts are at the heart of your relationships with customers, suppliers and business partners. Each business relationship creates a contract, whether written, verbal or by action. It is vital to stay in control of these by either reviewing or creating commercial contracts. Specialist commercial lawyers provide commercially focused guidance to ensure that a business’s commercial agreements provide a road map for these relationships. If you need help from a commercial lawyer, then please complete your legal enquiry form on the right, or click here. The balance between ‘protecting your business’ and ‘doing business’ is crucial, commercial lawyers work closely with you to get the balance right. Commercial lawyers have considerable experience advising clients on a broad range of issues that arise in business agreements. Commercial lawyers can act for companies that both receive and supply goods and services, so commercial lawyers understand critical issues from both perspectives. If you need help from a commercial lawyer, then please complete your legal enquiry form on the right, or click here. External Business Agreements A business trades through the agreements it makes with its suppliers and customers. It is therefore vital to ensure that such agreements put your business on the best footing. A clear and well drafted written business agreement provides the best framework for you to work with your customers and suppliers. If you need a commercial lawyer to draft a business agreement, then please complete your free legal enquiry form on the right, or click here . Internal Business Agreements Equally important as your relationship with your suppliers and customers, is the relationship between business owners. All businesses will encounter issues that will benefit from the ability to refer to a governing document which regulates the manner in which the business conducts its affairs. If you need a commercial lawyer to draft a business agreement, then please complete your free legal enquiry form on the right, or click here. Commercial contract lawyers may also apply their expertise with respect to the following services: • Company Secretarial • Mergers and Acquisitions • Intellectual Property and Information Technology • Employment Law for Businesses • Commercial Property • Taxation • Contract law • Retail services law • Media law If you need help on any aspect of commercial law, then please complete your free legal enquiry form on the right, or click here . As business law can be highly complex, for example within the contract and intellectual property law spheres, it is vitally important that you take qualified legal advice before you take any steps that could impact on your business. Commercial lawyers generally have long experience in their area of expertise that your business can benefit from. If you need help from a commercial lawyer, then please complete your legal enquiry form on the right, or click here. Commercial Lawyers & Business Lawyers - Further areas of expertise Commercial Lawyers and Business Lawyers can also provide legal help and assistance in relation to: • Distribution, Commercial Agency, Marketing and Franchising Arrangements • Joint Venture and Alliances • Licensing and Partnering Agreements • Lease Agreements and Commercial Leases and Retail Leases • Loyalty Programmes and Promotions • Manufacturing and Supply Agreements • Operating and Management Agreements • Outsourcing • business agreements • Research, Development and private commercial Agreements • Restructuring & Corporate Recovery • Service Agreements • Terms and Conditions of Sale If you need help on any aspect of commercial law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Commercial Law & Commercial Lawyers

### Commercial Leasing Lawyers

Source: https://www.legaladvice.com.au/legal/commercial-leasing

Retail and commercial lease negotiations, disputes, and renewals.

A commercial lease agreement is a contract between a landlord and a business for the rental of property. Most businesses will choose to rent property instead of buying it because it requires less capital. Before signing a commercial lease, it is important to obtain legal advice to understand the lease contract that defines the rights and responsibilities of each party, that is, between the landlord or lessor and the tenant or lessee. If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here , to be put in contact with a specialist commercial leasing lawyer. Commercial leasing also involves the grant and renewal of commercial leases, the sale and purchase of investment commercial and residential development property subject to occupational leases and commercial landlord and tenant development work as well as all aspects of the management of commercial property. If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here, to be put in contact with a specialist commercial leasing lawyer. As also mentioned below, Commercial Leasing Lawyers, areas of expertise include: • Commercial Landlord and Tenant and Investment • Commercial lettings • Sale and purchase of investment properties subject to occupational leases • Lease renewals • Rent reviews • All aspects of work arising from the Landlord and Tenant legislation • Management of commercial investment property If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here , to be put in contact with a specialist commercial leasing lawyer. Generally speaking, Commercial Lawyers provide advice to both Landlords and Tenants on all tenancy related matters e.g. new leases, renewal of existing leases, meanwhile leases, negotiating leases and pre-let arrangements. From a Landlord’s perspective we understand the need to maximise the return from leasing premises. From a Tenant’s point of view we know that renting or leasing a commercial property usually represents a major part of the operating costs of running a business. Whether acting for a Landlord or Tenant, it is always the priority of a Commercial Leasing Lawyer to help negotiate the best possible terms and conditions to enable you to achieve your objectives. Commercial Leasing Lawyers act for Landlords and Tenants dealing with a diverse range of transactions in varying circumstances. The services of a Commercial Lawyer also includes: • Advising on Heads of Terms • Leasing of Retail Premises • Grant and Renewal of Leases • Assignments of Lease • Transfer of Lease • Termination of Lease • Advising on terms of the Lease Agreement • Short Term Letting Agreements • Stamp Duty Land Tax • Acquisition and Disposal of Leases of Business Premises If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here, to be put in contact with a specialist commercial leasing lawyer. Retail Leasing Legislation There is no Federal regulation of the relationship between landlords and tenants in retail and commercial premises in Australia. Such regulation exists at state level, and differs for each state. The relevant legislation for each state is as follows: • Australian Capital Territory - Leases (Commercial and Retail) Act 2001 • New South Wales - Retail Leases Act 1994 • Northern Territory - Business Tenancies (Fair Dealings) Act 2003 • Queensland - Retail Shop Leases Act 1994 • South Australia - Retail and Commercial Leases Act 1995 • Tasmania - Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 • Victoria - Retail Leases Act 2003 • Western Australia - Commercial Tenancy (Retail Shops) Agreements Act 1985 Business Leases As stated above, specialist commercial property lawyers advise both landlords and tenants on a range of issues relating to commercial and business lease terms, whether offices, shops, industrial units, warehouses, retail units or any other type of commercial property. If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here , to be put in contact with a specialist commercial leasing lawyer. Broadly speaking, a commercial leasing lawyer provides the following expertise: • Drafting and negotiating lease terms and contracts • Assignments (transfers of existing leases) and sub-letting • Enforcement of breach of lease • Forfeiture (where landlord claims an entitlement to terminate the lease, usually for non-payment of rent) • Specialist advice regarding offices, shops, restaurants or industrial units • Issuing proceedings for the possession of premises • Issues arising from the Landlord & Tenant Act 1954 and lease renewals • Landlords' consents • Service charge issues • Recovery of possession • Removal of unauthorised occupants • Rent reviews/rent arrears If you have a legal matter concerning a commercial lease, then please complete your enquiry form on the right, or click here , to be put in contact with a specialist commercial leasing lawyer. Landlords - tips for negotiating business lease terms For Landlords, the following are likely to be important issues to consider: • The chance of tenant default; • Ease of re-letting if tenant defaults, and time taken to find new tenant; • Value of property; • Acceptability as security for a loan; • Cost of repairs and other expenses; • Location; • Rent deposit/personal guarantee • Whether to agree break clauses/rent renewal clauses/should lease be renewable (contracted in) under the relevant law Important considerations for tenants A well advised tenant will always carefully check, take advice and and negotiate on, as necessary, amongst other things, responsibility and the position on :- • internal and external maintenance and repair. Check if you’re responsible only for maintaining the premises in its current condition, ot…

### Commercial Litigation Lawyers

Source: https://www.legaladvice.com.au/legal/commercial-litigation

Litigation arising from commercial and business relationships.

The types of issues which a commercial litigation lawyer is likely to become involved in include business disputes, alternative dispute resolution, contract disputes, debt recovery and credit control, commercial leasing, and insolvency. Other issues which a commercial litigation solicitor can provide advice and representation on include shareholder disputes, defamation and professional negligence. Most businesses, even those successful and well run, face litigation and disputes from time to time. Any commercial or business litigation case, whether involving breach of contract, employment law or a host of other types, will inherently create problems for business and can prove extremely costly. If you have a legal matter and would like help from a Commercial Litigation Lawyer, then please complete you free Legal enquiry form on the right, or click here . Skilled commercial and business litigation lawyers know how to strike a balance between strongly advocating a clients position whilst strategically aiming for an early settlement of a dispute, as the longer any business dispute continues, the more it costs. The key is often devising a strategy, assessing tactics at an early stage, providing clear advice on legal and evidential issues and ongoing assessment of strengths and weaknesses. It is also important to assess at an early stage whether, if legal action is necessary, any sum in dispute and costs are likely to be recoverable from the opponent(s). It is one thing having a strong claim in legal terms, but another thing entirely enforcing any settlement or court order. Specialist business and commercial litigation lawyers assist businesses of all types and sizes with a very wide range of problems and disputes including but not limited to breach of contract, debt recovery, construction law, property law, landlord & tenant, and internal issues, such as shareholder disputes, director disputes, partnership disputes or employment law issues. Generally speaking Commercial Litigation Lawyers assist with: • Contract disputes • Data protection problems • Mediation • Employment law claims • Insurance disputes • Intellectual property • Shareholder disputes • Building disputes/property litigation • Corporate/partnership disputes • Debt recovery • Disputes with customers • Landlord and tenant disputes • Professional negligence • Warranty claims • Health and safety prosecutions If you have a legal matter and would like help from a Commercial Litigation Lawyer, then please complete you free legal enquiry form on the right, or click here . Broadly speaking, Commercial Litigation Lawyers have strength and depth in litigation in a large number of fields of commercial related business activity, some of which are mentioned above, including: • company shareholder disputes, • insurance matters, • technology, • internet, • investments, • insolvency, • land, • farming, • building, construction and development, • accountancy, • banking and finance, • entertainment, • sport, • holiday claims, and • boundary disputes. If you have a court matter regarding commercial litigation and would like legal help from a Commercial Litigation Lawyer, then please complete you free Legal Advice enquiry form on the right, or click here . Further Resources - Commercial Litigation Law & Lawyers

### Computer Law Lawyers

Source: https://www.legaladvice.com.au/legal/computer-law

IT contracts, software licensing, and technology disputes.

Computers and IT law covers the rules relating to computer contracts, use of computers in business, e-commerce and associated matters. If you have a legal matter regarding the use of computers, then please complete your free legal enquiry form, on the right, to receive legal assistance. IT Lawyers can advise you on any technology related legal matters including intellectual property, service level agreements, reseller agreements, domain issues, e-commerce and e-business. IT Lawyers have specialist knowledge of the computer hardware, software, internet and telecoms industries and can represent you in relation to drafting agreements or resolving disputes. If you need legal help drafting an agreement, then please complete your free enquiry form on the right, or click here. If you’re looking for expert advice and information about computer law, you can find it here. Whether you’re interested in copyrights, patents, or trademarks as applied to computers, or have concerns about privacy and security, find what you’re looking for by exploring the rapidly increasing prevalence of computers and their myriad uses for communicating and sharing information demands that the field of computer law evolve swiftly. The steady emergence of new and unique technologies creates equally new and unique legal challenges, and the field continues to grow to meet them and to better address already existing challenges. Some examples of already existing computer law include computer-specific privacy laws, regulation of information tracking methods like website "cookies," and regulations related to copyrights, patents and trademarks in a digital age. Computer Law often involves dealing with the following issues: • Drafting and Negotiating Forms and Agreements; • hardware acquisition; • financing and maintenance; • software licensing; • development and maintenance; • antitrust law; • copyright; • patent and trade secret protection of software; • the Internet and electronic communications; • electronic transactions; • domain name registration; • the computer contracting process; • outsourcing; • resellers; • software publishing; • work for hire; • electronic fund transfers; • the status of source codes under bankruptcy; • litigating computer actions; • the use of expert witnesses; including computer forensics Computer Law is concerned with controlling and securing information stored on and transmitted between computers. Computer networks contain and store a great deal of private digital information: data on identities, internet access and usage; credit cards; financial information and information for electronic commerce; technical, trade and government secrets; mailing lists; medical records; and much more. It is illegal to maliciously erase this type of data; acquire proprietary information; manipulate said data to obtain funds illegally, through bank withdrawals and transfers, identity theft and credit card use; and to access and use any of this data for any other reason, without authorisation. Computer Law can also incorporate the following further subjects: • Contract Law • software license agreements, including "shrinkwrap contracts" (i.e., software license contract inside box of software) • business transactions in cyberspace, so• called "e• commerce" • contracts for data processing services • contracts for development of custom software or hardware • breach of warranty • Copyright Law • copyright protection for computer software • copyright protection for text or pictures on Internet • Trademark Law • domain name disputes • infringement or dilution of trademarks on Internet • Patent Law • patents for novel software • patents for computer hardware • Tort Law • defamation • trade disparagement, unfair competition law • duty to maintain secure data (i.e., confidentiality) • privacy issues in databases • liability for errors or harmful information in content of databases • products liability involving computer hardware or software • Computer Crime • unauthorized use of services • denial of service (DoS) attacks on web sites • larceny, malicious mischief, vandalism, etc. • fraud • malicious computer programs (e.g., computer virus, worm) • harassment by email, stalking in cyberspace • cyberbullying • defamation • Utility Law or Telecommunications Law • assignment of domain names • Search and seizure law (e.g., contents of computer hard drive, monitoring email, etc.) If you have a legal matter regarding the use of computers, then please complete your free legal enquiry form, on the right, to receive legal assistance. Further Resources - Computer Law & Lawyers

### Constitutional Law Lawyers

Source: https://www.legaladvice.com.au/legal/constitutional-law

Constitutional rights, federal-state relations, and high court matters.

The Australian Constitution is the set of rules by which Australia is run. It took effect on 1 January 1901 and to this day is the blueprint for how Australia is governed. It includes details on the composition of the Australian Parliament, how Parliament works, what powers the Parliament has, how federal and state Parliaments share power and the roles of the Executive Government and the High Court. If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here . Key features of the Constitution Australia is a federal system in which the Constitution divides power between a national government (the Commonwealth) and state governments. The Constitution describes the key features of the Australian federal system, including: • the basic rules for the operation of the federation and the powers of the federal Parliament • a federal government which governs the nation • separate state governments, constitutions and laws which govern the individual states • power and authority that is shared between federal and state parliaments, governments and courts • a bicameral system with: • single member representation for the House of Representatives. This system is designed to elect major parties and support efficient government. • multi-member representation for the Senate. This system elects 12 senators for each state and is designed to protect the interests of the states. • the High Court of Australia, which is the final court of appeal. The High Court interprets the Australian Constitution and resolves legal disputes between the Australian Parliament or government and the states. Constitutional law is a branch of law that focuses on the allocation and exercise of government power. Constitutional lawyers are highly trained law professionals that focus on the laws, relationships, and rights that have been established by the Constitution of Australia. What does a constitutional lawyer do? Constitutional lawyers interpret and implement the amendments, rights, and rules that the Australian Constitution outlines. They concentrate on specific issues and practice in a wide variety of areas such as civil rights and real estate. They often apply constitutional law to cases that are presented in federal courts and High Court. They gain the necessary information and details to present viable cases. They discuss court cases with their clients and other lawyers, complete legal research, and make sure tasks are completed on time. If you believe you have a matter relating to constitutional law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Constitutional Law & Lawyers

### Consumer Credit Lawyers

Source: https://www.legaladvice.com.au/legal/consumer-credit

Credit contracts, lending disputes, and consumer finance rights.

The services of a lawyer is always advisable as consumer credit law can be complex and open to interpretation. To ensure your rights are protected, a lawyer should always act on your behalf. Consumer Credit disputes can take many forms and involve a number of agencies. You should never attempt to handle a consumer credit law case yourself. In many cases disputes will require a court to make a judgement. In these cases having proper legal representation is always advisable. If you need legal help and representation regarding any aspect of consumer credit law, then please complete your free legal enquiry form on the right, or click here. Issues pertaining to consumer credit law generally include: • Compliance • Industry codes of practice • Regulated credit contracts • Consumer leases • Related mortgages, guarantees and insurance contracts • Related sales contracts • Contract administration • Termination and enforcement • Unjust contracts • loan agreements and loan contracts; • Civil penalties; • National Consumer Credit Protection Package, compliance; • industry codes of practice; • releases by the Australian Securities and Investments Commission; • civil penalties; • consumer leases; • contract administration; • regulated credit contracts; • related mortgages, guarantees, insurance and sales contracts; • termination and enforcement; and • unjust contracts. If you need legal help and representation regarding any aspect of consumer credit law, then please complete your free legal enquiry form on the right, or click here. Consumer Credit Law The consumer credit law provides important consumer protections for you. There are two laws that are relevant: Before 1 July 2010 – the Consumer Credit Code (the “Credit Code”). This was uniform State based legislation. From 1 July 2010 – the National Consumer Credit Protection Act 2009 (the “Credit Act”). This is national legislation. This includes the National Credit Code. All contracts that are covered by the Credit Code immediately before 1 July 2010 will be covered by the National Credit Code from 1 July 2010, but some of the old Credit Code provisions will apply to these loans rather than the new provisions. Credit laws provide you important protections such as requiring certain information to be disclosed on the loan contract: • The right to apply for a repayment arrangement on the grounds of financial hardship • A default notice giving at least 30 days to repay any arrears must be issued before court action or repossession • Procedures to be followed for the repossession of goods (which includes cars). The above is not a complete list and you should seek legal advice if you have a dispute or you are in financial hardship. If you need legal help and representation regarding any aspect of consumer credit law, then please complete your free legal enquiry form on the right, or click here . As a guide, the Credit Code or Credit Act will apply if: • There is a loan (“deferred debt”) • The lender is in the business of providing loans • A charge is made for providing the credit (e.g. interest or fees) • The loan is predominantly for personal, domestic or household purposes • The loan is for the refinance, purchase or improvement of an investment property (Only for loans granted on or after 1 July 2010) • The debtor is a natural person ordinarily resident in Australia • The loan contract was signed on or after 1/11/96. The exception is credit cards (and other continuing credit contracts) where the contract may have been signed at any time (even prior to 1/11/96). Australian Consumer Credit Legislation. The main pieces of Australian consumer credit legislation include the following: • National Consumer Credit Protection Act 2009. • National Consumer Credit Protection Regulations 2010. • National Consumer Credit Protection (Fees) Act 2009. • National Consumer Credit Protection (Fees) Regulations 2010. • National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009. • National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010. If you need legal help and representation regarding any aspect of consumer credit law, then please complete your free legal enquiry form on the right, or click here.

### Consumer Protection Lawyers

Source: https://www.legaladvice.com.au/legal/consumer-protection

Disputes with businesses, faulty products, and misleading conduct.

When you buy any goods or services your rights as a consumer are protected by consumer protection law. The main laws you should be aware of include two pieces of federal legislation: (1) the Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 (Cth) ("ACLA No.1"); and (2) the Trade Practices Amendment (Australian Consumer Law) (No.2) Act 2010 (Cth) ("ACLA No.2") These Acts amend the Trade Practices Act 1974 (Cth) ("TPA") (which were renamed as the Competition and Consumer Act 2010 (Cth)) to establish a new Australian Consumer Law (ACL). If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here . Much of the consumer protection law that is currently in force is designed to protect you when you enter into a contract to buy any goods or services from a supplier. Consumer protection law is also there to help you fight any scams that some criminals use such as selling counterfeit goods online. It is important to be aware of your basic rights when buying any goods or services either from a physical shop, or via the internet. If you feel that your rights have been compromised, consumer protection law gives you the right to complain to the company that sold you the goods or services you bought. In some instances, using a consumer protection lawyer to make the complaint on your behalf can be more effective than making the complaint yourself. A consumer protection lawyer will be able to advise you about your particular case. After you have made your initial complaint you should receive a response from the business that sold you the goods or services you purchased. If their response is not satisfactory, you can take your case to a court for a judgement. The court will look at all the elements of the case and decide on a course of action. If you intend to take your case to court, the services of a lawyer are absolutely essential. By getting in contact with a qualified lawyer as early in your case as you can. This will give your case the maximum chance of a successful outcome. If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here . Consumer protection lawyers advise clients on a wide range of issues such as the laws concerning: • the sale of goods, • the sale of services • the sale of food products, • warranties, • misleading and deceptive advertising, • product liability, • food safety, • unfair terms in consumer contracts, • distance selling, • electronic commerce and electronic transactions, • electronic communications, storage and signatures, • the legal framework concerning collective interests of consumers, • sales promotions; and • unfair trade practices. If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here . There are two major benefits to the Competition and Consumer Act 2010, which replaces the Trade Practices Act as the main piece of legislation covering consumer rights and protection in Australia. Firstly, it incorporates a nationally-agreed set of consumer protections, the Australian Consumer Law (ACL), meaning there’s now consistency in consumer protection strategies across all Australian states. (That’s good news for businesses as well as consumers, as it means that there’s no need to keep abreast of different rules for interstate customers.) Secondly, it provides much more specific rules regarding perennial annoyances such as telemarketers. If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here. Australian Competition and Consumer Commission (ACCC) The Australian Competition and Consumer Commission is an independent Australian Government statutory authority. It was formed in 1995 to administer the Trade Practices Act 1974 and the Prices Surveillance Act 1983. The ACCC promotes competition and fair trade in the market place to benefit consumers, business and the community. It also regulates national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws. In fair trading and consumer protection its role complements that of the state and territory consumer affairs agencies which administer the mirror legislation of their jurisdictions, and the Competition and Consumer Policy Division of the Commonwealth Treasury. If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here. The creation of Australian Consumer Law As of 1 January 2011, Australia has a single, national consumer law: Australian Consumer Law (ACL). The ACL includes unfair contract terms law, law guaranteeing consumer rights when buying goods and services, product safety law, law for unsolicited consumer agreements, rules for lay-by agreements and new penalties, enforcement powers and consumer redress options. The ACL applies nationally and in all states and territories. If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Consumer Protection Law & Lawyers

### Conveyancing Lawyers

Source: https://www.legaladvice.com.au/legal/conveyancing

Property transfers, settlements, and title searches.

What is Conveyancing? The term 'Conveyancing' refers to all the legal and administrative work associated with transferring the ownership of land or buildings from one owner to another. The conveyancing process starts after an offer has been made and accepted to buy a property and solicitors' details exchanged by the two parties. Conveyancing services include: • Sale • Purchase • Sale+Purchase • Remortgage If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here . Who Does The Conveyancing? Most people hire a solicitor or licensed conveyancer to undertake the legal side of buying their home. It is possible to do the conveyancing yourself, but it is time-consuming and also risky if you lack the necessary expertise. Although professional services are expensive, they have become cheaper in recent years and it is well worth the cost to successfully complete the purchase and to resolve any possible problems. This part of the process is crucial. Conveyancing If you want to buy or sell a home, land or investment property you’ll have to sign a contract. The legal work involved in preparing the sales contract, mortgage and other related documents, is called conveyancing. It’s possible to do your own conveyancing, however, most people get a licensed conveyancer or solicitor to do the work for them. This fact sheet explains what is involved with conveyancing. Who can do conveyancing work? Three options for doing your conveyancing are: • using a licensed conveyancer • using a solicitor • doing it yourself (not recommended). Before you start organising your conveyancing, it’s important to do your homework first. We strongly recommend using the services of an experienced conveyancing solicitor. A conveyancing solicitor is able to take care of any legal issues that arise during the conveyancing process. So you can be assured that your purchase or sale and any other conveyancing that that you have, is in very good hands with a conveyancing solicitor. Using a conveyancer In NSW, conveyancers must be licensed with NSW Fair Trading. Most conveyancers hold an unrestricted licence that allows them to perform the full scope of conveyancing work for residential, commercial and rural property. Conveyancers are licensed to do legal work such as preparing documents, giving legal advice on contracts and explaining the implications. Licensed conveyancers must have professional indemnity insurance to protect you in case they make a mistake or are negligent in their work. If they are dishonest with the money you have entrusted to them, you may have access to the Compensation Fund administered by Fair Trading. Using a solicitor While conveyancers and solicitors are equally qualified to do conveyancing work, solicitors can also give you legal advice about other matters. Solicitors, like licensed conveyancers, must also have professional indemnity insurance for your protection. If you would like a solicitor to handle your conveyancing, please complete your free legal enquiry form on the right, click here. Doing your own conveyancing Doing your own conveyancing can be risky because you can’t get the same insurance available to a licensed conveyancer or solicitor. This means that if you make a mistake you are responsible and there’s nowhere you can go for financial compensation. For example, your solicitor or conveyancer may fail to make sure the vendor has disclosed everything they are legally required to, such as an order to demolish the place. If you suffer loss as a result of this negligence you may be able to take action against them – that’s the difference! CAUTION – If you do your own conveyancing you are effectively taking on all the responsibility without insurance against making mistakes. So make sure you know what you are doing. It is strongly recommended that you engage the services of an experienced conveyancing solicitor. If you are looking at buying or selling the need legal help, then please complete your free legal enquiry form on the right, or click here . The conveyancing process The conveyancing process can involve the following steps: • arranging building and pest inspections • examining a strata inspection report if the property is part of a strata scheme • arranging finance if necessary • examining and exchanging the contract of sale • paying the deposit • arranging payment of stamp duties • preparing and examining the mortgage agreement • checking if there are outstanding arrears or land tax obligations • finding out if any government authority has a vested interest in the land or if any planned development could effect the property (eg. local council, Sydney Water, Roads and Traffic Authority) • finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work • calculating adjustments for council and water rates for the property settlement • overseeing the change of title with the Land and Property Information NSW • completing any final checks prior to settlement • attending settlement. If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here . Costs involved in Conveyancing Fees will vary between solicitors and conveyancers as there is no official charge for conveyancing. In addition to a legal service fee you will usually be charged for ‘disbursements’. These can include: • a title search • certificate fees charged by authorities with responsibility for water, electricity, roads, schools etc. • photocopying • registering the mortgage. Costs other than legal fees and disbursements will usually include: • building and pest inspections • survey report • establishment of mortgage • home building insurance • valuation fees • mortgage insurance • stamp duty and mortgage duty • council and water rates. Legal practitioners and conveyancers are required to disclose their costs to clients. Some of…

### Corporate Law Lawyers

Source: https://www.legaladvice.com.au/legal/corporate-law

Company formation, governance, and corporate compliance.

Corporations law in Australia is largely governed by two statutes enacted by the Federal Parliament: (1) Corporations Act 2001; and (2) Australian Securities and Investments Commission Act 2001 Together both of the above Acts are called "corporations legislation". The corporations legislation is administered by the Australian Securities and Investments Commission ("ASIC"), which reports to the Treasurer. If you require legal assistance regarding any aspect of company law or corporate law, then please complete your free legal enquiry form on the right, or click here . Some key specialty areas of corporate law in which corporate lawyers practising are described below. Corporate lawyers act for the full range of corporate entities from early stage, high growth companies to larger corporations. Corporate lawyers act for proprietors, management, venture capitalists and business angels on a variety of transactions. Corporate lawyers also advise on other business structures such as partnerships, LLPs, collective investment schemes and corporate structures for not-for-profit organisations. Corporate Solicitor Services Corporate lawyers provide a comprehensive range of corporate legal services including advice in connection with: • Mergers, Acquisitions & Disposals • Management Buy Outs/Ins • Corporate finance • Company restructuring • Company formations • Company secretary compliance • Shareholder and investor arrangements • Directors duties & responsibilities If you require legal assistance regarding any aspect of company law or corporate law, then please complete your free legal enquiry form on the right, or click here . Corporate lawyers generally advise on the following aspects of company and corporate Law: • Angel investment • Banking and finance • Capital restructuring and re-organisations • Company formations • Companies Act regulation • Corporate finance • Cross border transactions • Director's duties • Factoring and invoice discounting • Financial services • Corporate funding • Group restructurings • Heads of terms/memoranda of understanding • Joint ventures • Mergers and Acquisitions • Non-disclosure agreements/confidentiality agreements • Partnership agreements • Private Equity and Sale and purchase of assets • Sale and purchase of shares • Shareholder agreements • Secured and structured debt financing • Taxation • Venture capital If you require legal assistance regarding any aspect of company law or corporate law, then please complete your free legal enquiry form on the right, or click here . Corporate Lawyers advise clients on all aspects of Corporate Law ranging from compliance to capital raising, mergers and acquisitions, ASX listing and other exit strategies. As referred to above, some of the main Corporate lawyer services generally include: • Capital raising • Publically listed companies: • Secondary raisings; • Placements; • Initial public offers (IPO) • Issues without disclosure (low doc issues); • Advice on raising capital without a prospectus. Company secretariat Acting as company secretary of client companies including: • Preparation of notices and minutes for meetings of directors and members; • Maintenance of minute books and statutory registers; • Review of statutory records; • Preparation and lodgement of ASIC forms; • Acting as registered office address for Australian registered company’s; • Reservation of company names; • Incorporation and deregistration of companies; and • Business names registration, maintenance and terminations. If you require legal assistance regarding any aspect of company law or corporate law, then please complete your free legal enquiry form on the right, or click here . Corporate Governance issues include: • Corporations Act 2001 (Cth) advice and compliance; • ASX Listing Rules advice and compliance; • Employee share and option schemes; • Establishment of dividend reinvestment plans; • Share Purchase Plans (SPP’s); • Buy - sell agreements. Corporate Compliance It is important that companies or corporations comply with the requirements of all regulatory bodies such as: • Australian Competition and Consumer Commission (ACCC); • Australian Securities and Investments Commission (ASIC); • Australian Stock Exchange (ASX); • Foreign Investment Review Board (FIRB). Mergers and acquisitions The main services provided by a corporation lawyer with respect mergers and acquisitions generally include: • Due diligence; and • Negotiation and drafting of share and asset sale agreements. Corporate lawyers can also advise with respect to Foreign Investment Review Board (FIRB) applications. The main pieces of Commonwealth legislation pertaining to corporate law include: • Australian Securities and Investments Commission Act 2001 (Cth) • Australian Securities and Investments Commission Regulations 2001 (Cth) • Corporations Act 2001 (Cth) • Corporations Regulations 2001 (Cth) If you require legal assistance regarding any aspect of company law or corporate law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Corporate Law & Lawyers

### Court Appearances Lawyers

Source: https://www.legaladvice.com.au/legal/court-appearances

Representation and advocacy for court hearings and appearances.

Do you have a court matter? If so, then don't delay contact us today! We handle all court matters in every jurisdiction including the Local, District, Supreme and High Court of Australia. We can help you with mediations, conciliations, arbitrations and tribunal matters and any other legal matters requiring legal representation. If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here . Lawyers who appear in Court generally understand the importance of representation and support in regards to court matters and litigation. Their services include representation in Court as well as meetings, appeals and settlements. Court Appearance Lawyers services include court attendances for: Criminal matters Civil matters Divorce matters Family law disputes Custody matters Traffic Cases including drink driving cases If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here . Lawyers can appear in the following Courts and Tribunals: Local Courts Magistrates Courts Tribunals Supreme Courts District Courts High Court Family courts Federal courts Children's Courts Other courts and tribunals If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here . What Happens Before a Court Appearance? If you are summoned to court as a witness or defendant you have a number of rights under the law. If you are a Witness: As a witness you have a number of rights that include: The right to see the courtroom before the trial begins. The right to bring someone with you to court. The right to wait in a separate area of the court from the rest of the people involved in your case. The right to refresh your memory of the statement you gave to the police. A representative of the Crown Prosecution Service will be able to make your statement available to read before you enter the court to give your evidence. The right to take your oath on a holy book of your choice, or to affirm your oath without a holy book. All witnesses have a right to be protected against any intimidation as a consequence of them offering their testimony in court. If you feel that you may suffer intimidation from the defendant in your case, you have the right to apply to give your evidence as a written statement. If you are a Defendant Going to court as a defendant means you also have a number of rights that the courts and the police must abide by. These include: The right to have any unused evidence disclosed to you before the trial begins. This is any material that the prosecution will not be using in the trial you are about to take part in. The right to cross-examine any witness that the prosecution has bought into court to support their case against you. The right to object to any written statements being read out in court unless you or your solicitor have already been given copies in advance. The right to enter the witness box to defend your case. The right to call any witness in your defence. Your Right to Privacy Anyone under the age of 16 should not have their identity revealed by the press if the case involves a sexual offence. The Australian court system - a general overview: The Courts The Federal Judicature Chapter III of the Constitution (sections 71–80), called ‘The Judicature’, provides for the judicial branch of the Commonwealth. It establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest federal judicial power in State and Territory courts. ‘Federal judicial power’ is the power to decide a dispute of the kind set out in sections 75 and 76 of the Constitution. There are four principal federal courts: 1.the High Court 2.the Federal Court of Australia 3.the Family Court of Australia, and 4.the Federal Magistrates Court of Australia. Federal judges and magistrates are appointed by the government of the day. The Australian Constitution does not set out specific qualifications required by federal judges and magistrates. However, laws made by the Commonwealth Parliament provide that, to be appointed as a federal judge, a person must have been a legal practitioner for at least five years or be a judge of another court. To be appointed as a federal magistrate, a person must have been a legal practitioner for at least five years. To be appointed as a judge of the Family Court of Australia, a person must also be suitable to deal with family law matters by reason of training, experience and personality. All federal judges and magistrates are appointed to the age of 70. The Australian Constitution provides that a federal judge or magistrate can only be removed from office on the ground of proved misbehaviour or incapacity, on an address from both the House of Representatives and the Senate in the same session. The Australian Constitution provides that the remuneration of a federal judge or magistrate cannot be reduced while the person holds office. These guarantees of tenure and remuneration assist in securing judicial independence. The independence of the courts, and their separation from the legislative and executive arms of government, is regarded as of great importance in Australia and it is taken for granted that judges, in interpreting and applying the law, act independently of the Government. If you have a Court matter and need legal representation, then please complete your free legal enquiry form on the right, or click here. The Court system Commonwealth courts The High Court of Australia The High Court of Australia is the final court of appeal in Australia. The Court has a Chief Justice and six other judges. One of the High Court’s principal functions is to decide disputes about the meaning of the Constitution. For example, if the validity of an Act passed by the Commonwealth Parliament is challenged, the High Court is responsible for ultimately determ…

### Cyberspace Law Lawyers

Source: https://www.legaladvice.com.au/legal/cyberspace-law

Online defamation, cybercrime, and internet regulation.

Cyberspace, the information and e-commerce superhighway, profoundly affects our lives, how we communicate, entertain ourselves, distribute and store information, and conduct business. It is a virtual cornucopia where information and business opportunity flows unhindered across international boundaries, but is also a source of new and emerging legal issues confronting content creators, content distributors, users, consumers, and businesses. Whether starting a virtual business or extending a traditional brick-and-mortar business, you are faced with a myriad of cyber-related legal issues and laws, including business law, trademark law, copyright law, consumer protection law, state regulations and federal regulations. If you would like legal help regarding any aspect of cyberspace law, then please complete your free legal enquiry form on the right, or click here . Cyberspace lawyers provide the necessary experience in relation to various cyber law issues. Cyberspace lawyers consult and counsel clients on web site issues. Cyberspace lawyers can file and maintain trademark, copyright, and domain name properties, and police, protect, and enforce their clients' rights. Cyberspace lawyers can also draft and negotiate a wide range of agreements including: • Website Disclaimers • Work-For-Hire Agreements • Website Privacy Policies • Confidentiality Agreements • Website Use and Legal Policies • Website Hosting Agreements • Content Provider / Website Design and Development Agreements • Music Clearance and Licensing Agreements Content Licenses • Other Related Agreements Additional examples of our services provided by lawyer practising in the area of cyberspace law generally include: • Advice on cyber violations such as unauthorized access to computer systems, software piracy, copyright infringement, cybersquatting. • Protection of personal information, rights of privacy and rights of publicity, and advice concerning related privacy issues regarding websites and applications accessed via the Internet. • Protection of rights in connection with libel and slander. • Advice on the legal implications of hyperlinking, framing, hosting, caching and providing ISP's, including limitations on liability and infringement. • Advice concerning the application of the Copyright Act, safe harbor protection, registration of DMCA agents, preparation and posting of policies, responses to take down notices and counter responses. • Domain name registration and protection. • Domain name dispute resolution. • Trademark issues relating to use of domain names. • Registration and protection of copyrights, trademarks, patents, trade secrets and other intellectual property. • Other Internet law issues. If you would like legal help regarding any aspect of cyberspace law, then please complete your free legal enquiry form on the right, or click here . Lawyers practising in the area of cyberspace and Internet law generally handle numerous cyber law matters, including: • Representation of copyright holders against manufacturers that copied designs and incorporated them into products. • Representation of clients accused of uploading cinematic and other artistic content by studios and other content owner companies. • Representation of clients whose businesses have been impacted by third parties securing the same or confusingly similar domain names and trademarks. • Helping clients develop terms of service and privacy policies for Internet service provider services. • Helping clients seek and negotiate licenses to content for Internet streaming for revenue generation purposes. • Helping clients recover royalties and fees owned for unauthorized use of content via the Internet and other forms of media. • Helping clients obtain registration and protection of copyrights, trademarks, patents, trade secrets and other intellectual property, and where necessary, represent clients in litigation concerning infringement of copyrights, trademarks, patents, trade secrets and other intellectual property. • Cyberspace bullying, cyberspace harassment, cyberstalking and other matters pertaining to cyberspace crimes and activity of a criminal nature committed through or in connection with the Internet and the World Wide Web. If you would like legal help regarding any aspect of cyberspace law, then please complete your free legal enquiry form on the right, or click here . The main pieces of Australian Commonwealth legislation pertaining to cyberspace law include the following: • Acts Interpretation Act 1901 (No. 2, 1901) • An Act for the Interpretation of Acts of Parliament and for Shortening their Language • Classification (Publications, Films and Computer Games) Act 1995 (Cth) • An Act relating to the classification of publications, films and computer games, and related matters. • Copyright Act 1968 (Cth) • An Act relating to copyright and the protection of certain performances, and for other purposes. • Copyright Amendment (Digital Agenda) Act 2000 (Cth) • An Act to amend the Copyright Act 1968, and for related purposes. • Cybercrime Act 2001 (Cth) • An Act to amend the law relating to computer offences, and for other purposes. • Electronic Transactions Act 1999 (Cth) • An Act to facilitate electronic transactions, and for other purposes. • Interactive Gambling (Moratorium) Act 2000 (Cth) • An Act about interactive gambling, and for related purposes. • Interactive Gambling Act 2001 (Cth) • An Act about interactive gambling, and for related purposes. • Privacy Act 1988 (Cth) • An Act to make provision to protect the privacy of individuals, and for related purposes. • Spam Act 2003 (Cth) • An Act about spam, and for related purposes. If you would like legal help regarding any aspect of cyberspace law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Cyberspace Law & Lawyers

### De Facto Relationships Lawyers

Source: https://www.legaladvice.com.au/legal/de-facto-relationships

Property and financial matters for de facto couples.

A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family. From 1 March 2009, parties to an eligible de facto relationship which has broken down can apply to the Family Court or the Federal Magistrates Court to have financial matters determined in the same way as married couples. Examples of financial matters inclu de the adjustment of property interests or maintenance of a party to the de facto relationship. Before the Court can determine your financial dispute, you must satisfy the Court of all of the following: 1.you were in a genuine de facto relationship with your former partner which has broken down 2.you meet one of four gateway criteria 3.you have a geographical connection to a participating jurisdiction 4.your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographical connection to South Australia only); although you may be able to apply to the Courts if your relationship broke down prior to the date applicable to your state. You must apply for de facto financial orders within two years of the breakdown of your relationship. After this time you need the Court's permission to apply. You should obtain legal advice about whether your circumstances satisfy the criteria before filing an application. If you believe you have a De Facto Relationship matter and need help from a De Facto Relationships Lawyer, then please complete your free legal enquiry form on the right, or click here . New De Facto Property Regime New Commonwealth laws for the division of property for people in de facto relationships that break down commenced on 1 March 2009. The new laws commenced in South Australia on 1 July 2010. The new laws bring separating de facto couples, on the division of property and the payment of spouse maintenance, within the federal family law regime under the Family Law Act 1975. The new laws enable de facto couples to access, as married couples can, the Family Court of Australia and the Federal Magistrates Court (the Family Law Courts) for property and spousal maintenance matters. Cases between de facto couples concerning their children have been pwithin the federal family law regime since 1988. What do the new laws do? The new laws provi de for de facto couples, when they separate, to obtain property settlements on the principles that apply under the Family Law Act 1975 to married couples. This is a change from the laws that applied before 1 March 2009. Those laws also differed depending on the particular State or Territory law that applied. The new laws enable the Family Law Courts to order a division of any property that the couple own, either separately or together with each other. Superannuation that each partner has can also be split (married couples have been able to split superannuation since 2002). Spouse maintenance can also be ordered (not previously possible in Queensland, South Australia, or before December 2008, in Victoria). If you believe you have a De Facto Relationship matter and need help from a De Facto Relationships Lawyer, then please complete your free legal enquiry form on the right, or click here . The Family Law Courts can make these orders if satisfied of one of the following: the period (or the total of the periods) of the de facto relationship is at least 2 years there is a child of the de facto relationship one of the partners made substantial financial or non-financial contributions to their property or as a homemaker or parent and serious injustice to that partner would result if the order was not made, or the de facto relationship has been registered in a State or Territory with laws for the registration of relationships. If you believe you have a De Facto Relationship matter and need help from a De Facto Relationships Lawyer, then please complete your free legal enquiry form on the right, or click here . Defacto Separation Laws De facto relationship is between two unmarried people who live together as a couple. The Australian law was amended in 1999 to recognize relationships between same-sex couples as well. Since 2009, Australian courts have had the legal authority to issue separation decrees for de facto couples. Jurisdiction Family Law Courts in Australia can rule on property distribution and child custody if at least one of several requirements is met. For example, a couple was together for two years before the relationship broke down, the couple has a child, the couple is registered in an Australian state or territory that permits registration of relationships, or the parties have both contributed extensively, financially or not, to the relationship. Property Settlement In Australia, which Family Law Court can rule on property settlement depends on the value of the assets. Normally, a Court must issue a property settlement order. Several factors are considered when dividing the assets. They inclu de : (1) assets a party brought into the relationship, (2) non-monetary contributions to the relationship as a homemaker and caretaker of children, (3) financial contributions, and (4) family inheritances or gifts received. A court will also consider the party’s needs in the future. Factors examined inclu de : (1) income, (2) responsibility as a child’s primary caretaker, (3) age, (4) health conditions, and (5) whether either party is in a new relationship and is in a better financial situation. Spousal Maintenance Spousal maintenance is awarded only in limited circumstances during a de facto separation in Australia. First, one spouse is entitled to maintenance from the other if she is the custodian of a child 12 years old or younger, making her unable to work. If a child is handicapped, the spouse can seek m…

### Debt Recovery Lawyers

Source: https://www.legaladvice.com.au/legal/debt-recovery

Recovery of unpaid debts through negotiation and court action.

Debt collection is a legitimate and necessary business activity where creditors and collectors are able to take reasonable steps to secure payment from consumers or businesses who are legally bound to pay or to repay money they owe. It is important that any organisation involved in recovering debt is aware of their legal obligations. If you need legal help regarding debt recovery, please complete your free legal enquiry form on the right, or click here . Debt Recovery lawyers generally have experience across all aspects of recovery and enforcement, with particular expertise in: • letters before action • issue of Court claims • enforcement of judgments • issue of statutory demands • bankruptcy proceedings • winding-up proceedings • Other debt recovery action A further alternative is to issue a statutory demand promising an application to court for the formal winding-up of the debtor's business/company if payment is not made within 21 days. Finally, you could consider the following forms of dispute resolution: • Negotiation • Mediation • Conciliation • Arbitration If you need legal help regarding debt recovery, please complete your free legal enquiry form on the right, or click here . Debt Collection Guidance There are various ways of getting your debtors to pay on time. However, despite your best efforts, you may find that some still end up paying late. If this happens, you should get in contact with them to resolve the issue and review your procedures to reduce the possibility of customers paying late again in future. Note that you have rights under the late payment legislation to charge: • Interest • Debt recovery costs • You can exercise these rights at your discretion Your choice may depend on who the debtor is, the size of the debt and how late the debt is. As referred to above, the Debt Recovery Stages include: • Letter before action • Issue legal proceedings • Judgment / enforcement • Bankruptcy / winding up Letters Before Action - Letters of Demand Letters Before Action or Legal Letters of Demand are very cost-effective. They are used to secure payment, or to obtain a response from your customer before the commencement of a claim. Debt recovery Lawyers In the current economic climate it is only natural if your business is feeling the pinch. Your bank may have withdrawn your overdraft facility and you may be experiencing pressure to pay up from your own suppliers. The fact that your clients may be struggling as well only makes it more important that you consult a debt recovery lawyer as early on as possible. If you need legal help from a debt recovery lawyer, please complete your free legal enquiry form on the right, or click here . Why use a debt recovery lawyer? Pursuing debt is obviously important for maintaining sufficient liquidity especially in the current economic climate. Small debts can quickly become something more substantial making it important to use a debt recovery lawyer. You also need to demonstrate to other debtors that you’re willing to take action. Before consulting a debt recovery lawyer, it is a matter of balancing this against the consideration of maintaining a commercial relationship. Debt recovery lawyers are not your only option. At the other end of the spectrum are organisations that do the work in bulk without really providing any advice. Where a debt recovery lawyer adds value is in suggesting credit management, assessing the recoverability of debt and in continuing to act if proceedings become contested after the making of a court statement of claim. What debt recovery lawyers can do A debt recovery lawyer will begin by sending the other party a pre-action letter such as a legal letter of demand. If this does not resolve matters, then there are two options: either to go through court or to serve a statutory demand as a precursor to bankruptcy or winding up. If you need legal help from a debt recovery lawyer, please complete your free legal enquiry form on the right, or click here . What to look for in a debt recovery lawyer We recommended using a debt recovery lawyer who is robust and able to deal with information and court deadlines promptly. It is also important that they are someone you feel comfortable with and who are easy to contact. If you need legal help from a debt recovery lawyer, please complete your free legal enquiry form on the right, or click here. Debt recovery solicitors should also understand the commercial reality of the situation and appreciate that it is about recovering money quickly and cost-effectively. As you are instructing a firm of solicitors and not simply a debt collection company, your debtor will know you mean business. How you can assist your debt recovery lawyers Good preparation for meeting debt recovery lawyers can result in money savings. Coming with a chronology of events and a bundle of relevant documents can be useful for debt recovery lawyers. What your debt recovery lawyer should be able to tell you People are more cost sensitive these days and your debt recovery lawyers should be able to give an estimate at an initial meeting. However, the time it ends up taking a debt recovery lawyers depends on whether you get a positive response to the letter they initially send. If you have a debt recovery matter and need legal help from a debt recovery lawyer, please complete your free legal enquiry form on the right, or click here . Further Resources - Debt Recovery Law & Lawyers

### Defamation Lawyers

Source: https://www.legaladvice.com.au/legal/defamation

Legal action for defamatory statements published online, in media, or verbally.

What is Defamation, Libel and Slander? Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. A defamation lawyer can advise on matters such as defamatory statements, libel, slander and malicious falsehood. A solicitor specialising in defamation will also be able to advise on statements to be made or previously made in newspapers and magazines, in emails, on TV or radio, in employee references or in advertising material. A defamation lawyer can also help with securing public apologies for defamatory statements made in the press. Where a person makes a defamatory statement that damages your reputation, you may be able to sue them for compensation or prevent them repeating it. If you believe you have a defamation matter and would like legal help regarding a potential defamation claim, then please complete your free legal enquiry form. While the classic example of a defamation claimant is the celebrity who believes that a newspaper has published an unflattering untruth about her, defamation also comes up in more mundane circumstances. For example, a businessman might claim that he has been defamed by a rival who sends an email containing false statements that damage his professional reputation. Or someone might object to falsehoods published on a social networking website that reflect adversely on their integrity or honesty. If you think you have a claim for defamation, there are a few basic questions you need to consider, including: • Is the statement defamatory? • Did the defendant "publish" the statement to a third person? • Does the defendant have a valid defence? What does the defamed person need to prove? The defamed person must prove three things in order to bring a defamation action: • The material was published The word ‘published’ in this context simply means having been communicated by you to someone other than the plaintiff. • The plaintiff must have been identified by the publication. You do not have to use their name to identify someone. The law only requires that there be enough information contained in the publication for others, such as co-workers or acquaintances, to figure out who the person is. • The material in question must have been defamatory It is defamatory if it exposes them to ridicule, lowers their reputation in the eyes of other members of the community, causes people to shun or avoid them, or injures their professional reputation. Even if the actual words are not defamatory, the message they portray may still be considered defamatory. See imputations below. If you believe you have a defamation matter and would like legal help regarding your potential defamation claim, then please complete your free legal enquiry form. The relevant defamation legislation in Australia is: • Defamation Act 2005 (NSW) • Defamation Act 2005 (Vic) • Defamation Act 2005 (Qld) • Defamation Act 2005 (SA) • Defamation Act 2005 (WA) • Defamation Act 2005 (Tas) • Civil Laws (Wrongs) Act 2002 • Defamation Act (NT) Defamation litigation Defamation lawyers deal with all aspects of defamation including: • Libel • Slander • Maliciousfalsehood Defamation, Libel and Slander Law It is not unusual for lawyers to receive inquiries about defamation actions from people who are in conflicts with neighbours or other members of their communities, and have become the subjects of vicious lies. The area of law most implicated by that type of conduct is "defamation of character", a cause of action which is generally defined to include "libel" and slander". Typically, the elements of a cause of action for defamation include: 1.A false and defamatory statement concerning another; 2.The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); 3.If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and 4.Damage to the plaintiff. In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print. If you believe you have a defamation matter and would like legal help regarding your potential defamation claim, then please complete your free legal enquiry form. Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish. Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may constitute defamation per se: • Attacks on a person's professional character or standing; • Allegations that an unmarried person is unchaste; • Allegations that a person is infected with a sexually transmitted disease; • Allegations that the person has committed a crime of moral turpitude; While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defences to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek damages. If you believe you have a defamation matter and would like legal help regarding your potential defamation claim, then please complete your free legal enquiry form, on the right, or click here . A person is considered as an author, editor or publisher if he is, either, the originator of the statement, or has editorial responsibility for the content, or he is a commercial publisher. But if he is only involved in printing, producing, distributing or se…

### Discrimination, Bullying & Harassment Lawyers

Source: https://www.legaladvice.com.au/legal/discrimination-bullying-harassment

Workplace and public discrimination, bullying, and harassment claims.

Over the past 30 years the Commonwealth Government and the state and territory governments have introduced anti-discrimination law to help protect people from discrimination and harassment. The following laws operate at a federal level and the Australian Human Rights Commission has statutory responsibilities under them: • Age Discrimination Act 2004 • Australian Human Rights Commission Act 1986 • Disability Discrimination Act 1992 • Racial Discrimination Act 1975 • Sex Discrimination Act 1984 Commonwealth laws and the state/territory laws generally cover the same grounds and areas of discrimination. However, there are some 'gaps' in the protection that is offered between different states and territories and at a Commonwealth level. In addition, there are circumstances where only the Commonwealth law would apply or where only the state law would apply. If you feel you have been discriminated against and would like legal help, then please complete your free legal enquiry form on the right, or click here . What is unlawful discrimination? Under federal and state legislation, unlawful discrimination occurs when someone, or a group of people, is treated less favourably than another person or group because of their race, colour, national or ethnic origin; sex, pregnancy or marital status; age; disability; religion; sexual preference; trade union activity; or some other characteristic specified under anti-discrimination or human rights legislation. Workplace discrimination can occur in: • recruiting and selecting staff • terms, conditions and benefits offered as part of employment • who receives training and what sort of training is offered • who is considered and selected for transfer, promotion, retrenchment or dismissal. What is unlawful harassment? Under federal and state legislation, unlawful harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin; sex; disability; sexual preference; or some other characteristic specified under antidiscrimination or human rights legislation . It can also happen if someone is working in a ‘hostile’ – or intimidating – environment. If you feel you have been discriminated against and would like legal help, then please complete your free legal enquiry form on the right, or click here . Harassment can include behaviour such as: • telling insulting jokes about particular racial groups • sending explicit or sexually suggestive emails • displaying offensive or pornographic posters or screen savers • making derogatory comments or taunts about someone’s race or religion • asking intrusive questions about someone’s personal life, including their sex life. The nature of harassment/discrimination Harassing behaviour can range from serious to less serious levels, however one-off incidents can still constitute harassment. Also, where continued, such behaviour can undermine the standard of conduct within a work area, which may erode the well being of the individual or group being targeted and lead to lower overall staff performance. The absence of complaints is not necessarily an indication that no harassment or discrimination is occurring. The person subjected to harassing or discriminating behaviour does not always complain. This is not necessarily because the act is trivial, but because the person may lack the confidence to speak up on their own behalf or feel too intimidated or embarrassed to complain. If you feel you have been the victim of discrimination or harassment and would like legal help, then please complete your free legal enquiry form on the right, or click here . Hostile working environment Employers also need to be aware of their responsibilities to ensure that the working environment or workplace culture is not sexually or racially ‘hostile’. Examples of a potentially hostile working environment are where pornographic materials are displayed and where crude conversations, innuendo or offensive jokes are part of the accepted culture. A person has the right to complain about the effects of a sexually or racially hostile working environment, even if the conduct in question was not specifically targeted at them. Workplace harassment or discrimination Workplace harassment or discrimination must not be confused with legitimate comment and advice (including relevant negative comment or feedback) from managers and supervisors on the work performance or work related behaviour of an individual or group. The process of providing feedback to staff during a formal performance appraisal, or counselling staff regarding their work performance, will not always be free of stress. Managers should manage these processes with sensitivity, but they should not avoid their responsibility to provide full and frank feedback to staff. What is workplace bullying? One definition of workplace bullying is “the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that intimidates, offends, degrades or humiliates a worker”. (Source ACTUQ/QCCI/Qld Govt Dept of Workplace Health and Safety) Bullies usually utilise power attributed to their status, skills or position in the workplace, and both men and women can be the targets and/or the perpetrators. Workplace bullying can occur between a worker and a manager or supervisor, or between co-workers. Bullying behaviour can range from very obvious verbal or physical assault to very subtle psychological abuse. Bullying behaviour may include: •physical or verbal abuse •yelling, screaming or offensive language •excluding or isolating employees •psychological harassment •intimidation •assigning meaningless tasks unrelated to the job •giving employees impossible jobs •deliberately changed work rosters to inconvenience particular employees •undermining work performance by deliberately withholding information vital for effective work performa…

### Drink Driving Lawyers

Source: https://www.legaladvice.com.au/legal/drink-driving

Drink driving charges, licence appeals, and sentencing.

Australia has strict laws about drinking alcohol and driving. Australian Police are authorised to stop any vehicle and breath test the driver at any time. There is no absolute safe level of alcohol consumption for competent driving. For fully licensed car drivers the legal limit is 0.05 g/100ml. For special licence categories the legal limit is 0.02 (which in practice means no alcohol at all). Learner and provisional drivers or riders (which includes equivalent L and P drivers and riders visiting NSW) must not exceed zero blood alcohol. If tested by the Police, drivers must be below their allowable legal limit. If you are going to drink any alcohol the best advice is to plan not to drive at all. Guides are available for drinking very moderate quantities of alcohol over time and remaining below the 0.05 legal BAC level (for fully licensed car drivers) but because everybody's metabolism differs the effects of alcohol will not be the same in every case. The police perform regular roadside "random breath testing" (RBT) of drivers in metropolitan and rural areas. There are heavy penalties for drink driving, including imprisonment. If you have been charged by the police for drink driving offence, or would like legal help in legal representation from a specialist lawyer regarding any aspect of drink driving law, then please complete your free legal enquiry form to be put in contact with a lawyer specialising drink driving law. Pleading Guilty to a Drink Driving Offence The penalties for drink driving offences can be far reaching and to some, life changing. Please take a look at our drink driving penalty calculator for more specific details of the penalty you could be facing for a drink driving conviction. The penalty will be based on the level of your breath, blood or urine reading along with other factors and in particular whether you have a previous conviction for an excess alcohol offence, generally within the last 10 years. Whilst many people understand that the minimum penalty for drink driving is a 12 month ban (or 3 years ban for a repeat drink driving offender) many drivers do not realise how a drink driving conviction can also mean: 1. The loss of your job; 2. A massive increase in insurance premiums when you are able to drive again (see our money saving calculator) ; 3. The possibility of undergoing medical examinations before you can drive again; 4. Attendance on a drink driver’s rehabilitation course; 5. A possible prison sentence (although this is reserved for repeat drink driving offenders or those who have been found to be several times over the drink driving limit) ; 6. Visa restrictions (particularly in terms of entry to the USA) ; and 7. A criminal record with the conviction for drink driving remaining on your licence for over 10 years. If you are a professional (doctor/accountant/solicitor) you will most likely have to report the conviction to your regulatory body. A good drink driving lawyer are more likely to persuade the court to exercise leniency with the penalty they impose. To request help from a drink driving lawyer, please complete your free legal enquiry form on the right. Pleading Not Guilty to a Drink Driving Offence If you know that you wish to challenge the prosecution, it is essential that you seek legal representation at the earliest opportunity, preferably well in advance of your first court hearing. Much of the crucial police evidence in your drink driving case could be destroyed fairly soon after your original arrest if a specific request for it to be preserved is not made immediately. If you have been charged by the police for drink driving offence, or would like legal help in legal representation from a specialist lawyer regarding any aspect of drink driving law, then please complete your free legal enquiry form to be put in contact with a lawyer specialising drink driving law. Drink Driving limits in Australia Road laws are state or territory based, but all states and territories have set similar rules. In Australia, laws allow police officers to stop any driver and perform a random breath test without reason. Roadblocks can be set up - for example leading out of town centres on Friday and Saturday nights, or during football or other events - where every single driver will be breath-tested. This differs from UK and US laws, where police generally need a reason to suspect that the driver is intoxicated, before requesting a breath and/or sobriety test. Australian Capital Territory Zero for drivers and motorcyclists holding a learner, provisional, restricted or probationary licence and for drivers operating heavy vehicles over 15t GVM or driving a public vehicle for hire or reward (for example taxi and bus drivers). 0.05% for all other drivers and motorcyclists. New South Wales Zero for Learner and Provisional licences 0.02% for Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus. 0.05% for all other drivers Zero limit for methamphetamine, Cannabis and MDMA. Northern Territory Zero for provisional (probationary) licence holders. 0.05% for all other drivers. Queensland A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, taxis, all learner drivers and provisional drivers. 0.05% for other drivers. Zero limit for methamphetamine, Cannabis and MDMA. South Australia Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licenses. 0.05% for all other drivers. Zero limit for methamphetamine, Cannabis and MDMA. Tasmania Zero limit for learner, provisional, truck, bus, and taxi licences. 0.05% for all other drivers. Zero limit for methamphetamine, Cannabis and MDMA. Victoria Zero limit applies for unlicensed drivers, holders of learner permits and probationary licences, "professional" drivers, and certain r…

### Driving Offences Lawyers

Source: https://www.legaladvice.com.au/legal/driving-offences

Traffic offences, licence suspensions, and demerit points.

If you are facing prosecution, or have received a fine, penalty notice or infringement notice, for any type of motoring offence, we can help. If you are faced with the possibility of losing your driving licence for an offence such as speeding or drink driving and would like legal help, then please complete your free legal enquiry form on the right. Motoring and driving Offences Driving offences must be committed on a road or a "road related area". The Australian Road Rules is the main piece of legislation covering driving related offences. Being prosecuted for a driving offence, when most of us have never been in trouble with the police or the courts before, can be an extremely daunting prospect. Road traffic law is both vast and complex and the process can feel intimidating and alien. The potential consequences can be serious, from the risk of losing your licence, your job or even your liberty. Even a minor Speeding conviction resulting in penalty points can cost you hundreds of dollars in increased insurance premiums. Contrary to popular belief it is possible to mount a successful defence against such charges and it may be possible to avoid disqualification in cases where this would cause exceptional hardship, or where special reasons can be shown in mitigation. If you would like legal help for your driving offence, then please complete your free legal enquiry form on the right, or click here . Lawyers can offer expert advice and legal representation in regards to the following driving offences and traffic matters: • Speeding offences • Drink driving (PCA offences) / drunk in charge of a motor vehicle • Driving whilst under the influence of drugs (DUI Offences) • Failure to provide a specimen • Dangerous driving / death by dangerous driving • Driving without due care and attention / careless driving • Driving while using a mobile phone • Failure to stop / failure to report an accident • Failure to identify a driver accused of an offence • Accumulation of penalty points (or demerit points) leading to a disqualification • Driving without insurance • Driving without a licence / driving while disqualified • Defences – special reasons / exceptional hardship • Application to restore a driving licence during a disqualification If you would like legal help for your driving offence, then please complete your free legal enquiry form on the right, or click here . Driving offences lawyers are generally used to dealing with all types of motoring offence especially motoring and traffic offences of a serious nature, including the following (some of which have been mentioned above): • Causing death by dangerous driving • Causing death by careless driving whilst under the influence of drink or drugs • Dangerous driving • Driving whilst disqualified • Driving or attempting to drive whilst unfit through drink or drugs • Being in charge of a motor vehicle whilst unfit through drink or drugs • Failing to provide a specimen for analysis • Driving otherwise than in accordance with a licence • Failing to stop after an accident and give particulars or report an accident • Driving a motor vehicle whilst uninsured or unsecured against third party risks • Careless driving • Failure of the registered keeper of the vehicle to give information of the identity of driver • Tacograph offences • All road haulage offences • All speeding matters, cameras, red light cameras, speedguns etc • Document offences Driving offences lawyers can minimise your chances of disqualification and keep you on the roads and specialise in all aspects of motoring and road traffic law. If you would like legal help for your driving offence, then please complete your free legal enquiry form on the right, or click here . The Australian Road Rules contain the basic rules of the road for drivers and riders of motor vehicles, riders of bicycles, pedestrians, passengers and others. In very broad terms, the rules deal with the following sorts of things: speed limits (for lengths of roads, areas and zones) and how they are set (e.g. by sign) rules about turns (left and right, U-turns and hook turns) changing direction (e.g. indicating) and stopping (e.g. stop signals) what to do when faced by traffic lights and arrows giving way in various situations (e.g. when facing stop or give way signs or lines, when not facing any lights, signs or lines, at pedestrian and children’s crossings, etc.) what to do when faced by particular traffic signs (e.g. turning signs) or road markings (e.g. traffic lane arrows) roundabouts level crossings keeping left, overtaking, driving in lanes or lines of traffic and merging, special purpose lanes restrictions on stopping (e.g. in or near intersections) and parking lights and warning devices rules for pedestrians including persons on wheeled recreational devices special rules for bicycle riders (eg. mandatory helmet wearing) rules for persons travelling in or on vehicles (e.g. seatbelt requirements) miscellaneous road rules (e.g. driving a vehicle in reverse) specification of applicable traffic signs. If you would like legal help for your driving offence, then please complete your free legal enquiry form on the right, or click here . Further Resources - Driving Offences Law & Lawyers

### E-Commerce Lawyers

Source: https://www.legaladvice.com.au/legal/e-commerce

Online business regulation, consumer rights, and digital contracts.

Lawyers specialising in E-Commerce Law understand that every era of business yields new strategies and new ways of doing business. The internet has so radically changed business that the rules for corporate strategy have evolved dramatically in the last ten years. E-commerce involves many areas of law which regulate online commercial activity. Lawyers specialising in E-Commerce Law generally provide a full range of e-commerce law services to help you comply with the various internet and data protection regulations, as well as ensuring your rights are protected online. Services provided by lawyers practising in the area of e-commerce law generally include: • IT contracts – design, hosting and maintenance agreements • Software agreements • Hardware agreements • All other types of computer related agreements • Online terms of trade and terms and conditions and privacy policy • Protecting your Intellectual Property rights • Data protection and privacy issues • Copyright protection and brand strategies • Linking agreements, strategic partnerships, collaboration agreements and joint ventures • Rights acquisitions and clearances • Online betting and gaming, lotteries and competitions If you need legal help regarding any aspect of e-commerce law, then please complete your free legal enquiry form on the right, or click here. E-commerce lawyers are at the forefront of this rapidly transforming sector and can help you develop your online business strategy and successfully navigate you through the minefield of e-commerce regulations related to trading goods and services on the web. From helping you understand website design issues and drawing up on-line trading terms and conditions to advising on website hosting and maintenance contracts and undertaking audits, E-commerce lawyers will give you proactive, commercial and cost effective advice at every stage of your business lifecycle. E-commerce lawyers understand the potential pitfalls of trading on-line and keep up-to-date with technological innovations as well as the legal aspects of e-commerce regulation compliance, e-marketing and use of personal data and can help ensure your business maximises its potential in the e-commerce arena. Expert e-commerce lawyers have experience of dealing with: • website terms and conditions • privacy policies • website user agreements • website design agreements • website hosting agreements • website linking agreements • domain name acquisitions / assignments • website audits • compliance with consumer protection legislation • compliance with e-commerce legislation • cybersquatting • domain name disputes and complaints • online defamation claims • data protection and privacy regulations compliance If you need legal help regarding any aspect of e-commerce law, then please complete your free legal enquiry form on the right, or click here . Australia's legal framework on electronic commerce The Electronic Transactions Act 1999 Enacting the Commonwealth Electronic Transactions Act 1999 was a major step towards supporting and encouraging the development of electronic commerce in Australia. It contains rules applying to the interpretation of other legislation. Basically, it states that a transaction under a law of the Commonwealth will not be invalid simply because it was conducted by the use of electronic communications. The Electronic Transactions Act allows any of the following requirements or permissions under Commonwealth law to be fulfilled in electronic form: • Giving information in writing • Providing a handwritten signature • Producing a document in material form, and • Recording or retaining information. The implementation of the Electronic Transactions Act was in two stages: (1) Before 1 July 2001 it only applied to those laws of the Commonwealth that were specified in the Electronic Transactions Regulations 2000. (2) On or after 1 July 2001 it applied to all laws of the Commonwealth unless they were specifically exempted from application of the Act by the Electronic Transactions Regulations. The Attorney-General’s decision to exempt a law from the application of the Electronic Transactions Act is made in consultation with other Departments. The decision is based on the commitment to deliver all appropriate services online where possible. Most exemptions can be found in Schedule 1 of the Electronic Transactions Regulations. If you need legal help regarding any aspect of e-commerce law, then please complete your free legal enquiry form on the right, or click here . Uniform Electronic Transactions in the States and Territories The Australian Government consulted with the States and Territories, to develop uniform legislation that removes legal obstacles to the development of electronic commerce throughout Australia. This was done through the Standing Committee of Attorneys-General in the form of a model uniform Electronic Transactions Bill 2000. The uniform Bill was closely modelled on the Commonwealth's Electronic Transactions Act and mirrors the substantive provisions of the Commonwealth's Act. On 3 April 2000 the Attorney-General announced that all jurisdictions had endorsed the uniform Bill. Each State and Territory now has its own Electronics Transactions Act. They generally mirror the Commonwealth Electronic Transactions Act with occasional small differences in definitions and some additional sections. If you need legal help regarding any aspect of e-commerce law, then please complete your free legal enquiry form on the right, or click here . Other laws affecting e-commerce Consumer protection laws apply equally to online and offline environments. The Commonwealth’s Trade Practices Act 1974 and the Australian Security and Investment Commission Act 2001 apply regardless of whether a transaction is conducted through electronic or conventional means. The Commonwealth’s Privacy Act 1988 regulates the collection and handling of personal information by Commonwealth government agencies, large private sector organi…

### Education Law Lawyers

Source: https://www.legaladvice.com.au/legal/education-law

School disputes, university matters, and education rights.

Education in Australia is primarily the responsibility of the states and territories. Each state or territory government provides funding and regulates the public and private schools within its governing area. The federal government helps fund the public universities, but is not involved in setting curriculum. Generally, education in Australia follows the three-tier model which includes primary education (primary schools), followed by secondary education (secondary schools/high schools) and tertiary education (universities and/or TAFE Colleges). The Programme for International Student Assessment (PISA) 2006 evaluation ranked the Australian education system as 6th for Reading, 8th for Science and 13th for Mathematics, on a worldwide scale including 56 countries. The Education Index, published with the UN's Human Development Index in 2008, based on data from 2006, lists Australia as 0.993, amongst the highest in the world, tied for first with Denmark & Finland. Education in Australia is compulsory between the ages of six and fifteen to seventeen, depending on the state or territory, and date of birth.Post-compulsory education is regulated within the Australian Qualifications Framework, a unified system of national qualifications in schools, vocational education and training (TAFE) and the higher education sector (university). If you would like legal help or legal representation from a lawyer in regards to any aspect of laws pertaining to education, then please complete your free legal enquiry form. Each state and territory has it's own similar laws with respect to education under theor own Education legsialtion. For example, the NSW Education Act 1990 is based on the following principles: (a) every child has the right to receive an education, (b) the education of a child is primarily the responsibility of the child’s parents, (c) it is the duty of the State to ensure that every child receives an education of the highest quality, (d) the principal responsibility of the State in the education of children is the provision of public education. The principal objects of the Education Act are as follows: (a) to set out aspects of the school curriculum, including the minimum curriculum for school registration and the curriculum for School Certificate and Higher School Certificate candidates, (b) to provide for the establishment and operation of government schools, (c) to ensure that only government schools established under this Act or non-government schools registered under this Act operate in New South Wales, (d) to allow children to be educated at home, (e) to provide for the grant of School Certificates and Higher School Certificates and for the accreditation of non-government schools that are competent to present candidates for those certificates. If you would like legal help or legal representation from a lawyer in regards to any aspect of laws pertaining to education, then please complete your free legal enquiry form. Injured at College, Nursery, School or University Unfortunately, accidents in nurseries, schools, colleges and universities are fairly common and at Thompsons Solicitors, we are approached by parents whose children have been injured, students themselves who have suffered injuries, teachers who have been injured as well as other visitors to the school premises such as parents or delivery drivers who have suffered injuries. If you or your child is injured at school and the accident was someone else's fault, you may be able to make an accident compensation claim. Some of the most common types of claims we deal with relating to accident at schools include cases where people have: • slipped or tripped within the school building or school grounds • been injured by defective equipment such as chairs, desks or play equipment • been exposed to asbestos within the school building and have developed an asbestos related disease • been asked to lift or carry heavy objects without the correct training or equipment • been injured in a sports accident • contracted food poisoning If you or your child has an accident and suffers a personal injury whilst at school, which was not their fault, then you may be entitled to make a personal injury compensation claim. For example, a personal injury compensation claim may be possible if a person trips or slips on a footpath within the school, which has not been properly maintained, leaving it in a dangerous condition. It would also be possible to make a personal injury compensation claim someone was injured by a defective piece of equipment in the school such as a broken chair which collapses or a sharp-edged desk which cut into someone. There should always be sufficient staff on duty to properly supervise and control the activities of the children or students. If you would like to claim compensation for an injury that your child has sustained whilst at school, then please complete your free legal enquiry form to receive help from a specialist compensation lawyer. Further Resources - Education Law & Lawyers

### Energy & Natural Resources Lawyers

Source: https://www.legaladvice.com.au/legal/energy-natural-resources

Mining, energy projects, and natural resources regulation.

Energy and Natural Resources Law is regulated by statutes, common law, treaties, conventions, regulations and policies. The purpose is reducing or minimizing the impacts of human activity, both on the natural environment for its own sake and on humanity itself. Natural Resources Law includes land, wildlife, air, water and other resources. Legal issues facing the energy and natural resources sector The twin challenges of delivering energy security and reducing greenhouse emissions are hot topics domestically, within Australia and indeed globally as people become increasingly concerned by the need to ensure continuity of energy supply and the impacts of climate change and global warming. It is a complicated area, where detailed knowledge of the relevant legal issues affecting the energy sector needs to be allied to an acute understanding of the commercial challenges. How lawyers can help energy and natural resources sector organisations with their legal needs Lawyers can have specialist expertise in energy sector legal issues needed to advise domestic and international energy and utility companies operating in this highly regulated industry. Energy lawyers have extensive experience and expertise in a wide range of oil, gas, electricity, nuclear and renewable and sustainable energy projects as well as planning, environment, climate change, construction, competition and planning law. If you would like legal help regarding Energy Law, then please complete your free legal enquiry on the right, or click here . Energy & Natural Resources Regulations With developing technologies and a global market heavily influenced by progressive ideas, consequential CO2 and greenhouse emission issues are well promoted causes, both commercially and socially. The primary environmental issues addressed in law and domestically are: • delivering energy security • reducing greenhouse emissions An increasing awareness of environmental issues is continually expanding within Europe and other parts of the globe, with a legal framework rapidly growing, outlining rules and regulations to help address the complex area. Energy and natural resources law consists of detailed information regarding applicable legal issues touching the energy sector, covering questionable areas in topics relating to commercial challenges with environmental implications. Many corporate entities address additional environmental issues as a part of the companies Corporate Social Responsibility (CSR). Specifically questioned areas in employer and business environmental CSR frameworks are: • unnecessary energy usage • preserve natural resources • recycling and waste • corporate travel If you would like legal help regarding Energy Law, then please complete your free legal enquiry on the right, or click here. Energy sector legal issues are encompassed in highly regulated industry areas, including; domestic energy, international energy, and utility companies. Major players within the energy industry operate within a competitive but highly regulated framework dictated by energy and natural resources law, covering: • oil • gas • LPG • electricity • nuclear energy • renewable energy • sustainable energy Through the regulatory implications of energy and natural resources law, corporate and domestic strategies are now encouraged to encompass areas such as: • environment planning • climate change • construction implications • competition • planning law Climate change related legal issues within a commercial environment include areas in: • emissions trading and carbon reduction rules and regulations • climate change levy and associated rebate agreements • negotiations and discussions with regulators concerning issues arising regarding environmental schemes • adjustments, applications and transfers necessary to authorise allocations in the event a business or site changes hands, starts-up or closes • development mechanisms (CDM), and joint implementation projects (JI) • sale and purchase of carbon credits • carbon consultants / carbon offsetting companies • carbon footprint management projects • drafting and negotiating emissions trading and contracts If you would like legal help regarding Energy Law, then please complete your free legal enquiry on the right, or click here . Further Resources

### Entertainment Law Lawyers

Source: https://www.legaladvice.com.au/legal/entertainment-law

Film, music, media contracts, and entertainment industry disputes.

An entertainment lawyer is involved in many aspects of law, including labor law, immigration, securities law, contract law, intellectual law and property law. The industry areas entertainment lawyers advise on include: music, film, TV, theatre, financial institutions, advertising and marketing, digital media, telecoms, publishing, design, photography, and visual arts. The entertainment industry has experienced rapid change over recent years. Entertainment lawyers help you to keep pace with the many technical and legal developments in the area. Entertainment lawyers covers the underlying contractual and copyright issues that affect all aspects of entertainment law as well as analysing the areas of music, film and TV, and computer games in depth. If you need help from an Entertainment Lawyer, then please complete your free legal enquiry form on the right, or click here . Services provided by Entertainment lawyers to the entertainment industry generally include: contractual and IP issues in entertainment agreements mobile content personality rights moral rights recording agreement co-production agreement Interactive Entertainment Works Publishing and Developing Contract. Entertainment lawyers cover all aspects of entertainment, music and sports law, offering specialist advice to all clients. Entertainment lawyers can help with copyright issues, as well as copyright infringement. Entertainment lawyers also offer wills and probate. Entertainment lawyers cater to a wide variety of clients, including: Recording Artists Composers Record Producers Video Directors Film Directors Film and TV Producers Film and TD Production Companies Writers and Managers Record Companies Publish Companies Agents and Merchandisers If you need help from an Entertainment Lawyer, then please complete your free legal enquiry form on the right, or click here . Media and entertainment lawyers ensure that their clients needs are comprehensively met affording them protection beyond their immediate requirements. Entertainment lawyers have a thorough grasp of the commercial and legal issues surrounding the media and entertainment industry and provide practical advice to clients on all matters relating to creative arts such as music, dance, films, theatre, mobile phones, digital technology and television. Entertainment lawyer Services Entertainment lawyers expertise extends to advising film companies, record labels, directors, artistes, producers, agents and includes: Advertisements and Promotions Agreements for Provision of Online Services Buy-out of Rights Censorships Clearance Rights Commercial Broadcasting Commercial Media Contracts and Transactions Competition Law Compliance Copyright Law Copyright Infringement Digital Rights Endorsements Film Distribution Film Finance Film Production Film Transactions Franchise Agreements Image Rights Protection Intellectual Property Rights Internet Law Joint Ventures Licensing Media Contracts Media Disputes Merchandising and Endorsement Agreements Label Structures Mobile Content Agreements Music Contracts Music Distribution Music Publishing Music Video Production Personality Licensing/Product Licensing Offshore Transactions Online Trading Performing Rights Phonecasting Podcasting Publishing Agreements Privacy and Data Protection Compliance Product Placements Recording Contracts Ringtone Agreements Sponsorship Agreements TV Production Wap Web Agreements If you need help from an Entertainment Lawyer, then please complete your free legal enquiry form on the right, or click here . Further Resources

### Environmental Law Lawyers

Source: https://www.legaladvice.com.au/legal/environmental-law

Environmental compliance, pollution claims, and planning disputes.

Environmental law is a complex, constantly evolving area of law, which aims to balance the interests of private property and land owners, with the public's environmental concerns. Environment Protection and Biodiversity Conservation Act 1999 The EPBC Act is the Australian Governments central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places defined in the Act as matters of national environmental significance. Environment Lawyers Environmental Lawyers advise on all aspects of environmental law and practice and dealing with environmental issues in respect of both land and the marine environment. Environmental Lawyers advise upon the need for consents and permits, appeals against refusals or the imposition of conditions and alleged breaches of consents. Work handled by environmental lawyers includes: advice on environmental permit applications and appeals; advice on environmental impact assessments; habitats advice; contaminated land; noise notices; waste management regulation and permitting; discharge and abstraction licences and offences; marine and fisheries advice; sewers and drains; packaging regulations; prosecutions; environmental Regulations; environmental legislation; all land and environment court matters water law; and marine law; Environmental law lawyers regularly help both business and private clients understand the ramifications of breaching environmental laws. If you would like legal help regarding any aspect of environmental law, then please complete your free legal enquiry form on the right, or click here . Expertise in Environmental Law Environmental law lawyers stay up to date with fluctuating environmental laws, helping private property owners, land owners and businesses ensure they remain fully compliant with all relevant regulations. Environmental law lawyers can help their clients avoid liability for breaches to environmental law. Environmental law lawyers are experienced in advising and defending clients in relation to: Allegations of land contamination; Environment Agency investigations; Investigations relating to health and safety; Environmental law prosecutions; Pollution claims; Environmental law prosecutions Environmental law prosecutions are complex and penalties for infringing environmental laws are potentially severe. Early involvement by an experienced lawyer is often vital to minimise or avoid the consequences. Environmental law lawyers can assist you with all aspects of environmental law prosecutions from environmental protection authorities (including the Environment Agency) – defending and prosecuting cases for both local authorities and business clients. Environmental law lawyers offer expert advice with regard to water, land, air and noise pollution and handling and disposal of waste. Environmental Law Lawyers can help: If you experience an environmental pollution incident, they can represent you in any formal interview; and/or If you have had a summons alleging pollution offences, they can advise you and represent you at Court If you would like legal help regarding any aspect of environmental law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Environmental Law & Lawyers

### Equity & Trusts Lawyers

Source: https://www.legaladvice.com.au/legal/equity-trusts

Trust administration, beneficiary rights, and equitable remedies.

Equity developed in the early Middle Ages as a means of alleviating the strict application of legal rules by the then Royal Courts, collectively known as the Courts of Common Law. Those aggrieved would petition the Crown. The appeals were eventually handed over to the Lord Chancellor, then the Crown's principal minister and usually an ecclesiastic. Hence the origins of the jurisdiction as a court of conscience. By the 18th Century, equity had itself become rigid. The origins of the jurisdiction have, however, prevailed and the principles of equity can now be applied in every civil court in the land. One of equity's greatest inventions has been the Trust. If you would like legal help regarding equity and trusts, including the set-up of a trust, then please complete your free legal enquiry form on the right, or click here . The key remedies in equity can be grouped into the following topics: • Declarations; • Specific performance; • Rescission; • Injunctions; • Compensation and damages; • Tracing; • Taking accounts; and • Delivery up, cancellation and rectification. Trust law applies whenever one person has placed trust and confidence in another person to manage his or her affairs. The full force of the law of equity governs such relationships and the trust now provides a mechanism for a number of situations, family relationships, charities, pension funds, to name but a few. Aside from fascinating concepts such as proprietary estoppel and secret trusts, which allow the courts to circumvent formalities in the dealing of property which have been deliberately prescribed by Parliament, an understanding of trusts requires an understanding of a whole variety of technical terms, fiduciary, beneficiary, express trusts, fixed trusts, discretionary trusts, resulting trusts, constructive trusts, purpose trusts, charitable trusts, proprietary and personal remedies. How do remedies at law differ from remedies in equity? Remedies at law are generally paid in some amount of money whereas equitable remedies result in a court ordering one party to do (or not do) some action, e.g., an injunction. Equitable remedies, unlike remedies at law, are granted at the sole discretion of a judge. A jury is not involved. Equitable awards also require that the person seeking equitable relief must have acted in good faith in the matter at hand (i.e., he who asks for equitable relief must come before the court "with clean hands"). Equitable remedies (I am excluding preliminary relief) are sought in those cases when money damages will not make a party "whole" in the eyes of the law, or where the other party has been unjustly enriched. Accordingly, it is not uncommon for courts to require the seller's performance of a contract to sell land to the petitioner if the seller has tried, unlawfully or unfairly, to back out of the deal. That is because, in the eyes of the law, land is unique: no amount of money will compensate for a seller's failure to sell a particular parcel of land he lawfully contracted to sell. Sometimes equitable remedies are sought in cases where the strict imposition of the law would result in a great injustice to the person seeking equitable relief. The maxim that applies to this case is "Equity abhors a forfeiture." The existence of equitable remedies is an acknowledgement by the legal system that even when a legal remedy exists, there are a few cases in which the legal remedy (adhering to the letter of the law) would produce an unjust result. These situations are relatively rare, but they do occur. If you believe you have a matter pertaining to equity law and would like legal help, then please complete your free legal enquiry form on the right, or click here . Types of trust The nature or legal structure of a trust, particularly whether it is a fixed or discretionary trust, affects the way its net income (including capital gains) is taxed. Special tax arrangements apply to some common types of trust, including super funds and corporate unit trusts. Nature of the trust Trusts can be created by intention of the settlor (express trusts) or through the operation of the law (non-express trusts). Express trusts are generally classified as either fixed trusts or discretionary trusts according to the nature of the beneficiaries' interests in the income and capital of the trust. Fixed trusts The beneficiaries' entitlement to the trust property or income (or both), and the way in which this is fulfilled, is fixed by the trust deed. The trustee has no discretion to alter the prescribed entitlement of the beneficiaries. Very few trusts (if any) are wholly fixed because the trustee generally has some element of discretion. Discretionary trusts The trustee has a discretion as to how the income or capital (or both) is distributed between the beneficiaries or different classes of beneficiaries (also referred to as objects). A beneficiary of a discretionary trust has no beneficial interest in the trust property or income until the trustee exercises a discretion under the deed to distribute income or capital in the beneficiary's favour. Common types of trust arrangements Trusts are widely used for business and investment purposes. Special tax arrangements apply to some common types of trust. Unit trusts These are trusts where the interests of beneficiaries are denominated by units, which can often be bought and sold in a way similar to trading in shares in a company. Unit trusts are used in many commercial arrangements, including managed investment schemes. Hybrid trusts A hybrid trust is a trust that has features of a unit trust and a discretionary trust. Family trusts Many family trusts are discretionary trusts due to the flexibility they offer - income can be allocated to beneficiaries at the trustee's discretion. Trusts that qualify as a family trust for the purposes of the trust loss provisions may benefit from concessional tax treatment. Deceased estates A deceased estate is technically not a trust while it is bein…

### Farming & Agriculture Lawyers

Source: https://www.legaladvice.com.au/legal/farming-agriculture

Rural property, agribusiness contracts, and farming disputes.

Farming & Agriculture Law and Estates Every farmer knows agriculture and food production is regulated very strictly. Due to the nature of your farming business, you need specialist advice, which combines aspects of business and private law. If you need legal help regarding any aspect involving farming and agriculture law, complete your free legal enquiry form on the right, or click here . When making any decisions regarding a farming business it is important to consider the implications on the business as a whole, such as the effect on support payments, tenancies or the overall tax position, to name just a few. That's why it is so important you find a legal firm that specialises in helping the farming community. Law services provided by farming and agriculture lawyers Lawyers practising in the area of farming and agricultural law offer a full range of legal services and advice tailored to farmers, growers, landowners, agri-businesses and other rural enterprises, including: Sales and purchases of agricultural and rural property including estates, farms, farmland, woodland, country houses and equestrian properties whether by auction, private treaty or tender. Secured lending on agricultural property. Agricultural tenancies. Residential tenancies and farm cottages including agricultural occupancy conditions and certificates of lawfulness. Business tenancies for office and commercial property lettings. Single Farm Payment Scheme, Environmental Stewardship and other agri-environmental and woodland grant schemes. Farm business restructuring including limited companies, partnerships, joint ventures, share farming and contracting arrangements. Access to land including private rights of way, public rights of way, commons and village greens. Planning and land development including clawback arrangements, options and pre-emptions Commercial contracts and the food industry. Renewable energy projects, including wind farms, photovoltaic solar panels and anaerobic digesters. Utility Company Wayleaves and telecommunication sites Covenants and easements affecting land Wills, trusts and administration of estates Lasting Powers of Attorney, Inheritance tax advice and succession planning If you need legal help regarding any aspect involving farming and agriculture law, complete your free legal enquiry form on the right, or click here . In addition agricultural lawyers provide specialist advice in the following areas: Disputes and Prosecutions Employment Law Divorce and Family Law Company and Commercial Law Environmental legislation Commercial and Residential Property Town and Country Planning In particular, lawyers can assist in the following areas:- Buying, selling and finance for farms, agricultural land, country houses and estates. Farm business tenancies and agricultural holdings advice. Agricultural partnerships and business structures for farming enterprises. Telecommunication leases and utility wayleave agreements. Agriculture and food Farmers and landowners, together with the food industry, face many and varied challenges in today's world. Farming and agriculture lawyers provide effective legal advice tailored to meet the needs of all those whose livelihoods are based in the countryside or are concerned with food production. Lawyers can act on the acquisition and disposal of agricultural property and country houses, as well as tenancy agreements, taking into account relevant planning matters, payment entitlements and quotas. If you need legal help regarding any aspect involving farming and agriculture law, complete your free legal enquiry form on the right, or click here . Agricultural land is often affected by infrastructural projects and we have experience of compulsory purchase, highways, telecommunications and energy projects including wind farms and pipelines or pylons. Lawyers can deal with agreements associated with mining and landfill together with environmental considerations. Of particular concern to farmers and landowners are tax efficient ways of passing on property to the next generation. Farming and agriculture lawyers can have highly regarded private client advisers who can put in place the necessary wills and trusts to deal with inheritance and capital gains tax issues. Lawyers can advise on structures appropriate to individual businesses, whether partnerships or companies. If you need legal help regarding any aspect involving farming and agriculture law, complete your free legal enquiry form on the right, or click here . Rural areas suffer from a variety of disputes, some of which are unique to the countryside. Farming and agriculture lawyers can act on adverse possession, boundary, right of way, grazing, environmental and other disputes. Providing legal advice to agricultural clients requires the integration of specialist property, business and private individual expertise with practical experience of the rural sector. Penningtons is uniquely placed to offer such services. Agriculture and food expertise Broadly speaking, farming and agricultural lawyers can provide advice and expertise with respect to the following issues pertaining to agriculture and food: agricultural tenancies commercial advice for small and medium sized food manufacturers country houses equestrian matters farm payments and quotas highways, telecommunications, energy projects and utilities letting of farm buildings partnership and company advice planning and environmental matters rural disputes sales and purchases of farms and estates taxation and succession Farming and agriculture If you need legal help regarding any aspect involving farming and agriculture law, complete your free legal enquiry form on the right, or click here . Further Resources - Farming & Agriculture Law & Lawyers

### Franchising Lawyers

Source: https://www.legaladvice.com.au/legal/franchising

Franchise agreements, disputes, and ACCC compliance.

A franchise is a formal business relationship between a franchisor and a franchisee, whereby the franchisor: allows the franchisee to use its name and its know-how (under licence), exercises a degree of control over the franchisee's business methods, takes payments from the franchisee, and usually provides continuing training for the franchisee If you have a franchising issue and would like legal help regarding a franchise or any other aspect relating to franchising law please complete your free legal enquiry form on the right, or click here . What is Franchsing? Franchising is a method of marketing and distribution where a company (called the franchisor) expands nationally or internationally by granting a person or company (called the franchisee) the right to operate a copy of its business in another geographic area. The right will usually include the ability to use the brand name, the business system and the know-how of the franchisor. The franchisor gains its income from initial and ongoing fees paid by the franchisee. In return, it must provide a variety of services to encourage the continuing profitability and growth of the franchisee’s business. Franchisees invest in setting up the business in their own areas and are the owners of their own businesses. They receive their income from successfully marketing their products or services under the brand name of their franchisor. If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the right, or click here . The Australian Franchising Code of Conduct In Australia, the franchise sector is overseen by the Franchising Code of Conduct, a mandatory industry code under the Competition and Consumer Act 2010, (formerly the Trade Practices Act 1974). It is administered and enforced by the Australian Competition and Consumer Commission (ACCC). The latest Australian Federal Government reforms to the franchise regulations in Australia, came into effect from July 2010 and January 2011 for the varying amendments. If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the right or click here. Franchising Law Entering into a franchise agreement whether you are buying or selling in any sector a franchise can be challenging. The agreements are normally complex and difficult to understand. It is therefore important to find the right lawyer who can go through the ins and outs of the clauses so that you have an understanding of the implications of entering into such a contract. If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the right, or click here . Some of the aspects a franchise lawyer will aid in include: Drafting and reviewing key franchise documents Advising and assisting on sales of purchases of franchised businesses Advising and assisting on sales, purchases and restructuring of franchise systems Assisting on Information Technology agreements for franchisors Strategic Planning and Advice (including asset protection) Multi-tiered franchising options (including master franchising) Capital Fundraising If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the right or click here . Are you contemplating a franchising opportunity? Franchising is recognised as a highly flexible means for established businesses to expand, and for people to run their own businesses with less risk, and usually a smaller capital investment, than a traditional "start up". If you are currently a franchisor or franchisee or if you are thinking of starting or investing in franchise businesses, franchising lawyers can provide all the expertise and advice you need. Our service is comprehensive, offering full brand protection for franchisors, critically important documents such as operating manuals and security documents, and a full range of employment, property, intellectual property, commercial contract preparation and other services, allowing you to concentrate on maximising any opportunities that may arise. Franchising lawyers also work with franchised businesses which have fallen into dispute internally – whether the conflict is between franchisees, or between the franchisor and one or more of its franchisees. We can also help you to deal with external disputes, for example with suppliers, customers, competitors, and regulatory authorities. Whatever issues you might face, franchising lawyers can help you deal with them in the most effective way possible. Franchise Disputes - Franchisor & Franchisee Unfortunately franchising disputes can occur with any different type of franchise. Franchising lawyers have considerable experience in dealing with franchise disputes. Franchising lawyers use their experience gained from our time working with franchisors to your benefit, as we understand both parties' interests and can consider the legal implications from both sides of the fence which ensures that you receive the most cost effective advice. Franchising lawyers have a good relationship and work very closely with expert franchise barristers. The issues that come up the most in franchise disputes are: -Misrepresentation – where the franchisee was given factual information prior to entering the franchise, by the franchisor, that the franchisee relied on when deciding whether to enter the agreement and which has turned out to be untrue. This can include the cost of supplies, projections/cash flows and representations about other franchisees. -Termination – where either the franchisor wants to terminate the agreement and is alleging that the franchisee has breached the agreement or the franchisee wants to see if it has the right to get out of the agreement. -Restr…

### Freedom of Information Lawyers

Source: https://www.legaladvice.com.au/legal/freedom-of-information

Access to government information under FOI legislation.

Freedom of Information Legislation In Australia, the Freedom of Information Act 1982 was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth. There is similar freedom of information legislation in all states and territories as follows: Australian Capital Territory, the Freedom of Information Act 1989 New South Wales, the Government Information (Public Access) Act 2009 Northern Territory, the Information Act 2003 Queensland, the Right to Information Act 2009 South Australia, the Freedom of Information Act 1991 Tasmania, the Right to Information Act 2009 Victoria, the Freedom of Information Act 1982 Western Australia, the Freedom of Information Act 1992 If you need legal help regarding access to information or any aspect relating to Freedom of Information law, then please complete your free legal enquiry form on the right, or click here . The basic purposes of FOI legislation, and the benefits which it is intended to confer upon the relationship between citizens and government are as follows: to improve the quality of decision-making by government agencies in both policy and administrative matters by removing unnecessary secrecy surrounding the decision-making process; to enable groups and individuals to be kept informed of the functioning of the decision-making process as it affects them and to know the kinds of criteria that will be applied by government agencies in making those decisions; to develop further the quality of political democracy by giving the opportunity to all Australians to participate fully in the political process; to enable individuals, except in very limited and exceptional circumstances, to have access to information about them held on government files, so that they may know the basis on which decisions that can fundamentally affect their lives are made and may have the opportunity of correcting information that is untrue or misleading. If you need legal help regarding access to information or any aspect relating to Freedom of Information law, then please complete your free legal enquiry form on the right, or click here . The Freedom of Information Act Some of the underlying principles and purpose pertaining to the creation of the Freedom of information laws are such that it: establishes for the Australian community a legally enforceable right of access to information held by Commonwealth ministers and government agencies, except where an essential public interest or the private or business affairs of persons may require confidentiality to be maintained gives Australian citizens and permanent residents the right to request amendment of government-held records relating to their personal affairs that are incomplete, incorrect, out of date, or misleading requires agencies to publish information about their organization and functions and the types of documents they hold and to make available manuals, rules, guidelines and precedents used in making internal decisions affecting the public. If you need legal help regarding access to information, and please complete your free legal enquiry form on the right, or click here . Further Resources - Freedom of Information Law & Lawyers

### Health Law Lawyers

Source: https://www.legaladvice.com.au/legal/health-law

Healthcare regulation, provider disputes, and patient rights.

Lawyers practising in the area of health law understand how distressing and confusing circumstances can be and how you or a family member would benefit from mental health advice. Broadly speaking their approach to providing legal advice and assistance on such matters focuses on being highly sensitive to and understanding of clients’ particular needs. If you would like legal representation regarding any aspect of health law, them please complete your free legal enquiry form on the right, or click here . Mental health lawyers ensure their clients rights and best interests are protected when dealing in all areas of Mental Health law. Specialist Mental Health expertise Specialist Mental Health expertise provided to clients usually includes: Representation for patients and nearest relatives at Mental Health Review Tribunals. Representation at mental health review board Advice and assistance regarding all types of sections, including civil detention, criminal detention, and those who are conditionally discharged. Admission for assessment and treatment Supervised discharge Hospital order made by the Courts Hospital order with restrictions Giving access to the experts who can challenge forensic and scientific evidence. Judicial Review of decisions regarding individuals made by the Mental Health Review Tribunal. If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the right, or click here . One of the most common issues dealt with by mental health lawyers is the detention of patients in hospital against their will. Our specialist mental health lawyers can advise regarding the need for and likelihood of success of any appeal, to a Mental Health Tribunal or to the Hospital Managers. Mental health lawyers also provide advice and representation with respect to the Mental Health Act and associated legislation. Health lawyers provide specialist advice, assistance and representation in relation to all aspects of the Mental Health Law which, apart from the above, include: Representation at Mental Health Review Tribunals Provision of advice and assistance at Managers Hearings, and attendance at meetings The rights of a detained or voluntary patient Advising the Nearest Relative of their rights and roles Consent to treatment Aftercare provisions Guardianship Commissioning independent psychiatric and Social Circumstances reports Lawfulness of detention and the appropriateness of treatment Challenging the Decisions of Tribunals and Primary Care Trusts by way of Judicial Review Proceedings Court Proceedings in relation to displacement of nearest relative Human Rights Issues Court of Protection Prisoners requiring transfer to hospital under the Mental Health Act or the Criminal Procedure Act If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the right, or click here . The Department of Health and Ageing The Department of Health and Ageing is the main regulatory body pertaining to health law in Australia. It's vision is to provide "Better health and active ageing for all Australians". The aim of The Department of Health and Ageing is to achieve their Vision through strengthening evidence-based policy advising, improving program management, research, regulation and partnerships with other government agencies, consumers and stakeholders. Current priorities undertaken by The Department of Health and Ageing include: focusing the health and aged care system more on healthy lifestyles, prevention and early intervention and a 'best practice' handling of chronic disease; improving the transparency, accessibility, accountability and quality of public and private health and aged care service provision through financing and agreements with stakeholders, industry and State and Territory governments; consolidating and progressing reforms to ensure choice and access to quality aged care services; working together with the States and Territories to reduce duplication and gaps, and to deliver efficient, value-for-money health and aged care services through an adaptable and sustainable health and aged care workforce; working towards improved health for Aboriginal and Torres Strait Islander peoples through whole-of-government arrangements for policy development and service delivery, and improved access to, and responsiveness of, the mainstream health system; improving choice for consumers through strong private sector involvement, effectively integrated with the public sector; and leading a whole-of-government approach to strengthening Australia’s readiness for disease threats, national emergencies and other large scale health incidents. If you need legal help regarding any aspect of health law, then please complete you free legal enquiry form on the right, or click here . Health Law and legislation in Australia The main pieces of legislation in Australia relating to health and ageing law and legislation include the following: • Aged or Disabled Persons Care Act 1954 • Aged Care Act 1997 • Aged Care (Bond Security) Act 2006 • Aged Care (Bond Security) Levy Act 2006 • Aged Care (Consequential Provisions) Act 1997 • Australian Hearing Services Act 1991, subsections 8(4) to 8(8) inclusive • Australian Institute of Health and Welfare Act 1987 • Australian Organ and Tissue Donation and Transplantation Authority Act 2008 • Australian Radiation Protection and Nuclear Safety Act 1998 • Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 • Australian Sports Anti-Doping Authority Act 2006 • Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006 • Australian Sports Commission Act 1989 • Cancer Australia Act 2006 • Commonwealth Serum Laboratories Act 1961 • Delivered Meals Subsidy Act 1970 • Dental Benefits Act 2008 • Epidemiological Studies (Confidentiality) Act 1981 • Food Standards Australia New Zealand Act 1991 • Gene Technology Act 2000 • Gene Technology (L…

### Housing, Property & Development Lawyers

Source: https://www.legaladvice.com.au/legal/housing-property-development

Property development, planning approvals, and housing disputes.

Property Development Law The term ‘property development’ covers a wide range of activities from buying existing properties and giving them a makeover to buying land and obtaining planning consent for the construction of a whole housing estate or business development. Whatever form of development you undertake you need a specialist lawyer who knows what to look for to ensure that your project is successful. From establishing that you have the necessary rights to connect an electricity supply to ensuring your neighbour doesn’t have the right to stop you building on your land, the property development lawyer needs to think like a developer to predict where problems might arise. By completing your free legal enquiry form, we will endeavour to put you in contact with a lawyer practising in the area of property development law so that you can receive ‘hands on’ advice from a lawyer who may visit your site to discover potentially critical legal issues. The advice that you receive may ensure that legal issues do not crop up during the project that affect your ability to deliver the finished product on time and on budget. If you would like legal help from a lawyer practising in the area of housing, property and development law, then please complete your free legal enquiry form on the right, or click here. Broadly speaking property development lawyers provide advice on: Buying development land Planning consent Property and development law Residential property developments The laws affecting house builders are constantly becoming more complex. Legal issues constrain residential property developers throughout the whole cycle, from when you first purchase land to when you sell finished units. Property lawyers can help you with: Assessing and acquiring sensitive sites Options and conditional contracts Infrastructure Drafting contractual agreements Site assembly and plot sales Planning Environmental Issues Management companies Dealing with local council Advising you with respect to development control plans Advising you with respect to lending environment plans Developing new housing estates can be a very complex business and developers should be sure to obtain specialist legal advice before buying and building upon the land to avoid any unwelcome surprises during the development. Lawyers practising in the area of property development law generally have an abundance of experience in property development issues and all the specialist knowledge you will need to ensure that your project goes ahead without a hitch; from pre-planning to post-completion property development lawyers have the skills to see your development through. Lawyers practising in the area of property development law generally can have strong links with many professionals in the local building and development trade and they understand the practical needs of their developer clients allowing them to combine business expediency with proper legal protection. Lawyers practising in the area of property development law can also help with: Purchase and sale of sites Long term Options and Conditional Contracts Strategic Land purchases Planning permissions Highways and infrastructure agreements Title issues Searches and enquiries Registration of your property Construction documentation and warranties Plot sales including the setting up of Management Companies for leasehold developments Sales to Housing Associations stamp duty and land tax solutions property related GST advice planning - including Agreements and negotiations with Council and planning departments Lawyers practising in the area of property development law provide legal advice and services for residential property developments of all sizes, from single houses to entire housing estates. Lawyers practising in the area of property development law have experience in residential property development law. If you would like legal help from a lawyer practising in the area of housing, property and development law, then please complete your free legal enquiry form on the right, or click here . Apart from that mentioned above, Lawyers practising in the area of property development law can help you with: Site acquisition Lawyers practising in the area of property development law can assist with the acquisition of development sites and negotiate land purchase agreements, including contracts conditional on planning permission, options and participation agreements. Land disposal and sales Lawyers practising in the area of property development law can act on behalf of landowners selling land with and without planning permission and can assist in the negotiations between developers and landowners. Lawyers practising in the area of property development law are able to create the agreements and contracts needed when disposing of land. Planning Lawyers practising in the area of property development law can provide advice on the planning process including planning agreements and applications. Should an application be unsuccessful then we can assist with the appeal and any inquiry hearings. sales and letting Whether you sell finished plots or a flat development then Lawyers practising in the area of property development law can set up the necessary paperwork, schemes and even management companies or residents associations if needed. Environmental issues Lawyers practising in the area of property development law know the environmental issues that can affect a development and can advise accordingly. Lawyers practising in the area of property development law can often help clients with matters such as contaminated land, the Health & Safety law, and environmental law and legislation. Employment Lawyers can provide advice on all aspects of employment law and provide the necessary contracts that you need when taking contractors and sub-contractors on site. Land and Property Development Disputes Should a dispute arise before, during or after the development then lawyers practising in the area of property developm…

### Human Rights Lawyers

Source: https://www.legaladvice.com.au/legal/human-rights

Human rights complaints and anti-discrimination matters.

Human Rights Lawyers Human Rights Lawyers generally represent individuals who have been discriminated against because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy), sexual orientation, disability, age, marital status (including same sex partners),family status, employment matters and other issues pertaining to human rights. If you believe you have a legal matter pertaining to human rights Law and would like help from a lawyer regarding your particular situation, then please complete your free legal enquiry form on the right, or click here . Australian Legislation pertaining to human rights The federal Parliament has passed a number of laws which aim to protect people from certain kinds of discrimination in public life and from breaches of their human rights by Commonwealth departments and agencies. The main laws pertaining to human rights in Australia include the following: Australian Human Rights Commission Act 1986 Age Discrimination Act 2004 Disability Discrimination Act 1992 Racial Discrimination Act 1975 Sex Discrimination Act 1984 The Australian Human Rights Commission The Australian Human Rights Commission has statutory responsibilities under these laws. The Australian human rights commission has the authority to investigate and conciliate complaints of alleged discrimination and human rights breaches lodged under these law Age Discrimination Act 2004 The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including: employment provision of goods and services education administration of Commonwealth laws and programs The Act also provides for positive discrimination – that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in the following areas: superannuation migration, taxation and social security laws state laws and other Commonwealth laws some health programmes. If you believe you have a legal matter pertaining to human rights Law and would like help from a lawyer regarding your particular situation, then please complete your free legal enquiry form on the right, or click here . Disability Discrimination Act 1992 The Disability Discrimination Act 1992 has as its major objectives to: eliminate discrimination against people with disabilities promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community, and ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community. Source: www.humanrights.gov.au If you believe you have a legal matter pertaining to human rights Law and would like help from a lawyer regarding your particular situation, then please complete your free legal enquiry form on the right, or click here . Australian Human Rights Commission Act 1986 The Australian Human Rights Commission Act 1986 (formerly called the Human Rights and Equal Opportunity Commission Act 1986 ). established the Human Rights and Equal Opportunity Commission (now known as the Australian Human Rights Commission) and gives it functions in relation to the following international instruments: International Covenant on Civil and Political Rights (ICCPR) Convention Concerning Discrimination in Respect of Employment and Occupation Convention on the Rights of Persons with Disabilities Convention on the Rights of the Child Declaration of the Rights of the Child Declaration on the Rights of Disabled Persons Declaration on the Rights of Mentally Retarded Persons, and Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. In addition, the Aboriginal and Torres Strait Islander Social Justice Commissioner has specific functions under the AHRC Act and the Native Title Act,1993 to monitor the human rights of Indigenous people. If you believe you have a legal matter pertaining to human rights Law and would like help from a lawyer regarding your particular situation, then please complete your free legal enquiry form on the right, or click here . Australian Human Rights Commission Regulations 1989 (Cth) Section 3(1) of the Australian Human Rights Commission Act 1986 (Cth) defines discrimination. The Australian Human Rights Regulations 1989 (Cth) lists additional grounds which will constitute discrimination under the Act. Racial Discrimination Act 1975 The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to: promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin; and make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful. Sex Discrimination Act 1984 The Sex Discrimination Act 1984 gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to: promote equality between men and women eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs. Source: www.humanrights.gov.au If you believe you have a legal matter pertaining to human rights Law and would like help from a lawyer regarding your particular situation, then please complete your free legal enquiry form on the right, or click here .

### Immigration Lawyers

Source: https://www.legaladvice.com.au/legal/immigration

Visa applications, citizenship, deportation appeals, and migration advice.

See: Citizenship & Immigration Law & Lawyers

### Industrial Relations Lawyers

Source: https://www.legaladvice.com.au/legal/industrial-relations

Enterprise agreements, industrial action, and workplace relations.

All organisations and industries are affected by Industrial Relations law issues. The very fact that an organisation engages staff leads to duties to comply with ever changing legal obligations, and to balance those duties against operating a working environment which allows staff morale and performance to flourish. The effective resolution of these issues demands a blend of legal knowledge and practical business awareness, tailored to the employers industry and culture. Our Employment and Industrial Relations lawyers support employers with these issues across a wide range of industries and sectors. If you need legal help regarding any aspect of Industrial Relations Law or employment law, please complete your free legal enquiry form on the right, or click here . Australia’s workplace relations laws - Australian Workplace Agreements (AWAs) Since the 1990s, significant changes have been introduced to Australia’s workplace relations laws. Current legislative reform seeks to maintain a strong safety net for employees while at the same time providing greater flexibility and choice for employers and employees at the workplace level. In March 2008, the Australian Government introduced transitional measures to phase out key provisions in the existing workplace relations laws (the Workplace Relations Act 1996, the Workplace Relations Amendment (Work Choices) Act 2005 and the Workplace Relations Amendment (A Stronger Safety Net) Act 2007). Notable among these reforms is the phasing out of Australian Workplace Agreements (AWAs). The Australian Fair Pay and Conditions Standard The Australian Fair Pay and Conditions Standard sets out the statutory minimum terms and conditions of employment that apply under the federal workplace relations system. If you need legal help regarding any aspect of Industrial Relations Law, please complete your free legal enquiry form on the right, or click here . Presently, the guaranteed legislated minimum entitlements are: minimum rates of pay and casual loadings. maximum ordinary hours of 38 hours per week (plus reasonable additional hours) four weeks of paid annual leave (with an additional week for shift workers) ten days of paid personal/carer’s leave (with provision for two additional days of unpaid carer’s leave and two additional days of paid compassionate leave per occasion) 52 weeks of unpaid parental leave (which may be taken as maternity, paternity or adoption leave) Fair Work Australia Fair Work Australia is the national workplace relations tribunal. It is an independent body with power to carry out a range of functions relating to: the safety net of minimum wages and employment conditions enterprise bargaining industrial action dispute resolution termination of employment other workplace matters. Industrial Relations Lawyers Industrial Relations Lawyers recognise that good industrial relations are key to a successful business. The requirement that employers must consult employee bodies on a wider range of matters than ever before means that effective communication and liaison with such bodies and trade unions is increasingly important. Industrial Relations Lawyers can advise on: managing relationships with trade unions and employee consultative bodies dealing with trade union recognition applications strategies for working with trade unions strategy, communications and representation before the commission avoiding or managing industrial action and its consequences works councils, information and consultation committees and other representative bodies – including structures, election processes, confidentiality and training of managers and employee representatives employment legislation, such as the Public Service Act, the Workplace Relations Act, the Fair Work Act, the Commonwealth long service leave legislation anti-discrimination laws transitional issues associated with repeal of the Workplace Relations Act draft, negotiate and interpret enterprise agreements, individual employment contracts, determinations under the Public Service Act and consultancy agreements advise on appointments, workers’ compensation, disciplinary matters, underperformance matters, workplace discrimination, termination of employment and redundancy occupational health and safety provide specialist advocacy before disciplinary tribunals, courts and Fair Work Australia advise and assist with employment and industrial relations issues associated with outsourcing, privatisation and machinery of government changes advise and assist with employment disputes. If you need legal representation regarding any aspect of Industrial Relations Law, please complete your free legal enquiry form on the right, or click here . Further Resources - Industrial Relations Law & Lawyers

### Information Technology Lawyers

Source: https://www.legaladvice.com.au/legal/information-technology

IT contracts, data protection, and technology disputes.

As computers and the systems that support them have developed, so has information technology law. IT or cyber law as it is often called touches on a number of different areas. If you need legal help regarding any aspect of information technology law or computer law, please complete your free legal enquiry form on the right, or click here . Using computers adn the internet will also mean you have to comply with a wide range of other laws as well. Which laws apply to you will be determined by how you are using computer technology at home, at work or in your business. Information Technology Lawyers can advise on: Domain Name Disputes Drafting and Negotiation of IT and E-Commerce Contracts & Terms and Conditions for IT Providers/Website Developers All agreements and contracts with respect to software All types of licensing agreements including software licences All agreements and contracts with respect to hardware All agreements contract with respect to all of IT equipment All types of Internet related agreements Legal issues associated with procurement of an IT System or a Website All legal aspects for anyone setting up a Website 1. Are you in a dispute over a domain name? 2. Do you supply IT systems, services and software? 3. Are you setting up a website? 4. Are you a website designer? 5. Are you buying IT systems, services, software or having a website designed? If you answered "yes" to any of the above questions and would like legal help regarding any aspect of information technology law, then please complete your free legal enquiry form on the right, or click here . Broadly speaking IT lawyers are able to draft contracts and agreements in relation to all aspects regarding information technology law, computer and internet law including: Free legal notices Disclaimer Terms and conditions Privacy policy Copyright notice Linking policy Cookies policy Anti-spam policy Medical disclaimer Legal disclaimer Premium web-related contracts Hosting agreement Non disclosure agreement Privacy policy Software contract Web design agreement Web development agreement Web services contract Website terms of use Premium commercial contracts Commission agreement Confidentiality agreement Consultancy agreement Distribution agreement Franchising agreement Supply contract Services agreement Sponsorship agreement Terms of business software license agreements hardware agreements other information technology law agreements If you need legal help regarding any aspect of information technology law or computer law, please complete your free legal enquiry form on the right, or click here . IT Law & Internet Law Few people properly understand the roles and areas of expertise of an IT lawyer or an Internet lawyer. In the 1980s it was mostly a question of fairly straightforward IT contract law. Those days are well past. IT contract law and internet copyright law still underpin most of the work of the typical IT lawyer but things have now become far more complex. On any day, IT Lawyers may be asked to advise on topics as diverse as a software as a service contract, Data Protection law, email law, a managed services agreement, a service level agreement and web design contracts. IT Contract Law Copyright is the right of the owner of materials to dictate how they are used. The copyright owner is usually the person who has authored the software or his/her employer. The job of the IT lawyer is to draft contracts which enable the owner to keep control of its rights whilst monetising them. In the old days, a software licence and software support contract were usually all that was required. With the advent of the internet, many an IT lawyer has recast himself/herself as an Internet lawyer who also has to understand internet copyright law, data protection, the distance selling regulations and email law. It is indeed still possible to protect your client’s interests but now far more complex. From the Software Licence to the Software as a Service (SAAS) Agreement in 20 years IT law follows where the technology goes. Thus, IT contract law largely reflects the mode of delivery of IT Services. 20 years ago the most commonly required agreements were software licences and software maintenance agreements. In the following 10 years, IT provision and, consequently, IT law evolved considerably and perhaps the most frequently requested document became the managed services agreement, usually with an associated service level agreement. With the advent of the internet, websites became a must for most companies and, logically, web design agreements were in great demand. Whilst the advent of web 2.0 has elicited demand for more sophisticated web design agreements, time has moved on again and, nowadays the typical produce of an internet lawyer will be a software as a service (SAAS) agreement or online managed services agreement in either case with an associated service level agreement. If you need legal help regarding any aspect of information technology law or internet law, please complete your free legal enquiry form on the right, or click here . Broadly speaking, there are two primary type of agreements with respect to information technology (IT) and Internet law as follows: Key Agreements 1. Software as a Service Agreement (SAAS) Also known as an SAAS Agreement or a Software as a Service Contract, these have grown out of the ASP agreement model and reflect the fact that many software providers are now providing access to their software online on a subscription-based model. The typical software as a service contract will be associated with a service level agreement (“SLA”) and contain provisions detailing the initial duration, the monthly fee, the guaranteed service level, access guidelines, reasons absolving the service provider if inability to comply with the service level agreement results from reasons beyond its control. 2. Web Design Contracts The term is often used interchangeably with Web Development Agreement and covers the creative devel…

### Inheritance Lawyers

Source: https://www.legaladvice.com.au/legal/inheritance

Inheritance disputes, estate distribution, and family provision claims.

What inheritance laws apply in Australia? Australian laws apply to inheritance of property. The appropriate jurisdiction for property located in Australia is the state or territory in which the property is located. Following the death of the property owner, the relevant Australian state or territory laws apply, irrespective of the nationality, religion, or place of residence of the deceased or beneficiaries. If the deceased was married, the jurisdiction in which the relevant parties were married is irrelevant, although foreign marriages are recognised in Australia for the purposes of Australian law. Any property inheritance disputes are usually resolved in the relevant State Court. The Court in which the matters are heard depends on the value of the property, as differing Courts have different monetary limits. If you have a legal matter regarding any aspect of inheritance law and would like legal help from a specialist lawyer, then please complete your free legal enquiry form to request help from a lawyer practising inheritance law. There is no reserved portion. Under Australian law, there is no ‘reserved portion’ of the estate which must go to certain persons. Anyone is free to make a will as he/she chooses. Most people in Australia make a will; however, a person may be entitled to challenge the will on the grounds that the deceased had a moral obligation to provide for them. No categories of persons are specifically excluded from inheriting under a will. It is advisable to make a will to dispose of assets in Australia. It is possible to apply for a “reseal” of a Grant of Probate obtained in another jurisdiction for a will executed there, but the process requires obtaining a Grant of Representation for the will in the original jurisdiction. Therefore, to minimize delays and inconvenience abroad, it may benefit a non-resident with mainly land interests in Australia, to have a separate Australian will. Under Australia law, the will maker may specify that their will is only intended to apply to their Australian assets, and that they have made other arrangements for their assets in other jurisdictions. In the case of intestacy, set rules apply as to the distribution of an estate. These depend on whether the deceased left a spouse (which may include a common law spouse or same-sex partner) descendents, or if neither, their extended family, including cousins and even second-cousins in some Australian States. If the deceased has no surviving relatives who fit the intestacy rules categories, the estate passes to the Crown, i.e., to the relevant Australian State government common fund. Gifts can be made during the lifetime of the property owner. The general rule under Australian law is that persons are entitled to dispose of their assets as they wish, either in life, or after death (in accordance with their will). A gift given during life is not usually open to challenge, unless it can be shown that there was a defect in the ownership (for example, the donor did not actually own the property that they purported to give) or for other reasons which may effect the validity of the gift (for example, if the gift was procured through threats, undue influence, or fraud). If you have a legal matter regarding any aspect of inheritance law and would like legal help from a specialist lawyer, then please complete your free legal enquiry form to request help from a lawyer practising inheritance law. A person is not entitled to challenge a specific gift made by the deceased during their life on the grounds that the deceased had a moral obligation to provide for them. Any claim made against an estate for further provision is a claim against the whole estate within the jurisdiction of the claim, not against any one particular asset. In determining ownership, the courts look first at the Certificate of Title, then at claims to equitable ownership. Generally, in dealing with property ownership, the Courts look first at the manner of holding noted on the Certificate of Title. However, there are also instances where equitable interests in the property can be claimed by others, for example, when one party holds the property (or a part of it) on trust for the other, so that the ownership of the property is not truly as it appears on the Certificate of Title. If you have a legal matter regarding any aspect of inheritance law and would like legal help from a specialist lawyer, then please complete your free legal enquiry form to request help from a lawyer practising inheritance law. All Australian jurisdictions operate on a registration system for land ownership, and property owners are advised to retain the services of a lawyer or a conveyancer in the appropriate jurisdiction to ensure that they are properly registered on the Certificate of Title. Property may be inherited by minors. If a property is given to minor beneficiaries by will, then it is the responsibility of the executor to hold the property on trust for the beneficiaries until the age of majority (18 in Australia) or older if specified by the will (usually 21 or 25). A testator may appoint a guardian for their own children in their will (in the absence of the childrens’ other parent) but if the guardian is not the same person as the executor and/or trustee, it is the trustee who has control over the property, not the guardian. If there is no guardian for children residing in Australia, or if the appointed guardian is unsuitable, the Family Court of Australia appoints a guardian for the children until they reach majority. Taxes on Family Inheritance There are no death duties or inheritance taxes in Australia to reduce the family inheritance. However, capital gains tax will affect any item which is subsequently sold. If you have a legal matter regarding any aspect of inheritance law and would like legal help from a specialist lawyer, then please complete your free legal enquiry form to request help from a lawyer practising inheritance law. For further infor…

### Insurance Lawyers

Source: https://www.legaladvice.com.au/legal/insurance

Insurance claims, policy disputes, and denied coverage matters.

An insurance lawyer can provide advice on a wide range of insurance-related legal issues. These include: motor claims, credit hire, employers’ liability, product liability public liability insurance Professional Indemnity Insurance Coverage Disputes Policy Wording & Drafting, and Insurance Fraud income protection all of insurance matters Insurance lawyers can also provide legal guidance on insurance matters such as fraud, personal injury, health and safety litigation and costs disputes. Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here . Insurance Law Despite the best efforts of insurers to make the terms of their cover crystal clear, the wording can sometimes leave room for different interpretation, particularly in unforeseen circumstances. Insurance lawyers can resolve differences arising from interpretation and can advise in all classes of insurance business. As well as resolving the immediate dispute, insurance lawyers can also advise on the necessary revision of policy wording in order to avoid the same or similar problems in future. Insurance lawyers also work with clients to identify and remove potential areas of doubt between insurers, reinsurers and insureds in the light of new or prospective commercial developments and legislation. Through this non-contentious work, Insurance lawyers help their clients avoid potentially costly misunderstandings and disputes. Insurance lawyers have considerable experience in resolving personal injury claims arising from road traffic accidents, incidents at work and public liability matters. Insurance lawyers can assist insured people and businesses pursue claims in respect of fire damage, subsidence or flooding, as well as pursuing claims made unedr Income Protection policies. Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here. Insurance legislation in Australia The Insurance Act 1973 (Cth) requires minimum levels of capital and solvency for companies wanting to enter the insurance market and for insurers in the market. Chapter 7 of the Corporations Act 2001 (Cth) regulates the way in which insurers and insurance agents and brokers carry on business and how they deal with the people they do business with and intend to do business with. The Insurance Contracts Act 1984 applies to most insurance contracts with an Australian connection and is intended to ensure that a fair balance is struck between the interests of the insurer and the insured. Insurance Regulators The Australian Prudential Regulation Authority (APRA) has the power pursuant to the 'Insurance Act 1973 to investigate a general insurer, freeze its assets or direct it to take specific action (for example, stop writing new business). The Australian Securities and Investment Commission (ASIC) is responsible for the general administration of the ICA. Insurance contract The formation of an insurance contract is governed by ordinary contractual principles. Code of Practice The General Insurance Code of Practice is a self regulatory code that binds all general insurers who are signatories to it. It has been approved by ASIC pursuant to s 1101A of the Corporations Act 2001 (Cth). Financial Ombudsman Service If a person doesn't agree with the outcome of the insurer's Internal Dispute Resolution (IDR) process, they can contact the Financial Ombudsman Service with a request that the Service resolve the dispute. Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here . Further Resources - Insurance Law & Lawyers

### Intellectual Property Lawyers

Source: https://www.legaladvice.com.au/legal/intellectual-property

Trademark, copyright, patent protection, and IP disputes.

IP can be the most valuable asset in a business and as easy to lose as it is to create! Therefore identification and protection of IP is vital and so are the right terms for using any intellectual property in a commercial application. If you need help regarding any aspect of intellectual property law, including Copyright, patents and trademarks, then please complete your free legal enquiry form on the right, or click here . Intellectual Property Law is highly complex and should only be handled by a specialist IP lawyer. Intellectual Property Lawyers provide expert advice on a full range of Intellectual Property services ranging from: trademarks, copyrights, patents registered designs and trade secrets. Intellectual property lawyers expertise generally includes: Confidentiality agreements Protection of Intellectual Property Trade mark registration including disputes Dealing in unregistered intellectual property Assignment and Licensing including royalty and franchise agreements Research and Development agreements IT, Website and software agreements Intellectual Property Disputes If you need legal help regarding trademarks, patents or any other matter regarding intellectual property law, then please complete your free legal enquiry form on the right, or click here . Intellectual Property Lawyers Intellectual Property Lawyers are Intellectual Property Law experts – dedicated to this highly specialist area. Intellectual Property Lawyers can protect your business through: Intellectual Property management and identification Managing your brand Negotiation and drafting of your IP Agreements Exploiting your Intellectual Property through franchising and licensing Filing your Trademarks Protecting your Intellectual Property Rights and enforcing against infringement Types of Intellectual Property The four main types of Intellectual Property are: Copyright Copyright protects written or recorded material such as literature, documents, art, photographs, sculpture and three-dimensional works, music and sound recordings, films and broadcasts, databases. Design Rights Design rights protect the visual appearance or eye appeal of products and can be used to stop others from copying your designs. Patents Patents protect the technical and functional aspects of products and processes and can now be obtained for software products. Trade Marks Trade Marks protect names and signs that can distinguish the goods and services of one trader from those of another. However, Intellectual Property also covers know-how (trade secrets), confidential information, database rights, privacy laws, geographical indications, performers’ rights and so on. Often, more than one type of Intellectual Property may apply to the same creation. If you need legal help regarding trademarks, patents or any other matter regarding intellectual property law, then please complete your free legal enquiry form on the right, or click here . Apart from that already mentioned above, it is important to note that Intellectual Property Lawyers can offer a number of legal services to help you protect and exploit your Intellectual Property Rights: The management and identification of your Intellectual Property Rights Brand management Enforcing your intellectual property against any infringement Assistance in drafting and negotiating your intellectual property contracts The use of franchises and licenses to exploiting your Intellectual Property Trademark disputes Trademark applications Trade marks filing other trademark issues IP Australia administers intellectual property (IP) legislation within the portfolio responsibilities of the Department of Innovation, Industry, Science and Research. Intellectual property law and legislation The main Acts and Regulations administered by IP Australia are: Patents Act 1990 Patents Regulations 1991 Trade Marks Act 1995 except Part 13 which the Australian Customs Service administers Trade Marks Regulations 1995 Plant Breeder's Rights Act 1994 Plant Breeder's Rights Regulations 1994 Designs Act 2003 Designs Regulations 2004 As stated above, broadly speaking the Key areas of expertise of intellectual property lawyer include: Trade mark and patent litigation Trade mark filing and oppositions Copyright and design right Domain name disputes Licensing technology, content, and trademarks Franchising Data protection, confidentiality and privacy If you need help regarding any aspect of intellectual property law, including Copyright, patents and trademarks, then please complete your free legal enquiry form on the right, or click here . Further Resources - Intellectual Property Law & Lawyers

### International Law & Trade Lawyers

Source: https://www.legaladvice.com.au/legal/international-law-trade

Cross-border trade, import/export, and international commercial law.

International law concerns the laws and principles governing actors at the international level. These actors include governments as well as international organisations. If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here . International law is of two main types: Treaties Customary international law The Office of International Law provides legal advice and policy advice to the Attorney General and other Government agencies. Treaties Treaties are the formal instruments of international law. Treaties come into force internationally upon signature, or upon signature and ratification, depending upon the terms of the instrument. States must formally assent to treaties before they become binding on them. Customary international law Customary international law is based upon the practices and views of states (countries). To establish a principle as one of customary international law requires establishing that states for the most part conform to the principle and accept it as one of international law. Private International Law Private international law is an area of law that deals with civil transactions and disputes that contain international elements. Also known as ‘conflicts of laws’, the subject is primarily concerned with developing principles and rules to resolve the following three stages of a legal conflict: Jurisdiction Choice of law Recognition and enforcement of judgments Private international law also deals with developing rules and processes to facilitate litigation between different countries, for example, developing conventions for the taking of evidence or the service of legal process. The main international organisations concerned with developing and harmonising these rules are the International Institute for the Unification of Private Law (UNIDROIT), the Hague Conference on Private International Law (HCCH or Hague Conference), and United Nations Commission on International Trade Law (UNCITRAL). If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here . Multinational corporations, sovereign states and international organisations are facing an increasing number of issues which arise under public international law. Lawyers practising in the area of international law and trade generally can advise clients on: drafting, negotiating and acceding to treaties structuring investments investment protection and investment treaty arbitration international project finance and infrastructure projects boundary disputes intellectual property rights international environmental and human rights laws international anti-corruption laws. Clients of lawyers practising in the area of international law and trade include commercial entities, sovereign states and state entities, and NGOs. They can act as advocates before specialist courts and tribunals and negotiate with, or on behalf of, states and state entities. An international law solicitor may advise on a wide range of issues which involve international law. These could include family law, property law, IP law, immigration law. Other typical areas which an international law solicitor may work in include licensing law, media law, environmental law, human rights law and more. International trade laws International trade is more complex than trading within Australia, as you need to know not only about the laws of Australia, but also about the laws of the country with which you are planning to export to or import from. International trade laws may also govern your transactions. You may need to deal with bodies such as customs and other government authorities, banks and financial services, international carriers and quarantine issues. International trade laws therefore refer to a mixture of domestic laws and public international law that applies to transactions of goods and services across countries. There are various international trade laws and treaties that govern these transactions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. There are also international trade laws governing commercial dispute resolution (specifically conciliation and arbitration), international payments, international transport of goods, intellectual property, and electronic commerce. Specialist international trade lawyers can assist you with the following: International contracts International payment terms and protection Resolving cross-border disputes Tariffs and other protective measures Customs issues International transport International Intellectual Property protection International Competition law Trade law Internet Law Ecommerce Law If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here . Further Resources - International Law & Trade Law & Lawyers

### Licensing Lawyers

Source: https://www.legaladvice.com.au/legal/licensing

Business licences, liquor licences, and regulatory approvals.

Whether you own a bar, club, shop or restaurant, and whether you are applying for a new licence, varying an existing licence or whether your premises is the subject of a review, we are able to offer clear, practical advice to enable you to obtain the best result possible. If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here. As well as our extensive specialised licensing services, licensing lawyers can also assist you with any matters relating to trading standards, planning enforcement, fire safety enforcement and regulatory crime, as well as criminal matters. Services include: Licensing Reviews & Enforcement Bars Clubs Shops Restaurants casinos Trading Standards Planning Fire Risk Assessment Licence Applications If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here . Are you a publican, restauranteur, hotelier or off-licence proprietor? If so then Licensing Lawyers can help in the transfer or amendment of an existing licence or an application for the grant of a new licence. Licensing Lawyers can help you to protect your licence in the face of prosecution / breach and deal with appeals to court. Licensing Lawyers can also help you with the following licensing law issues: Licensing Acts and Licensing legislation Regulatory crime Premises licence Betting and gaming Personal licence Planning Pavement licences for tables and chairs Licences for playing music in public Cumulative Impact Policy Licensing Lawyers offer advice and assistance in all aspects of Licensing matters to clients in the leisure and entertainment industries. This includes assistance with: Alcohol and Entertainment Licensing Objecting to Applications for Alcohol and Entertainment Licences Betting and Gaming Licensing Alcohol and entertainment licensing How can a Licensing Lawyer help you? Applying for new Premises Licences and Club Premises Certificates Applying to vary Premises Licences and Club Premises Certificates Applying for Personal Licences Dealing with contested applications and representing clients before Licensing Committees (and before the Court on appeal if necessary) Advising on the sale, purchase and leasing of licensed premises Advising on planning issues Do you need a licence? Genrally speaking, there are 4 types of licence: (1) Premises Licence : This is a licence authorising premises to be used for one or more licensable activity (2) Club Premises Certificate : this is a licence permitting premises occupied by and used for the purposes of a club to be used for one or more qualifying club activities (3) Temporary Event Notice : this is a notice seeking permission to use premises for one or more licensable activity for not more than 96 hours (4) Personal Licence : this is a licence granted to an individual authorising that individual to supply or authorise the supply of alcohol Many areas of business depend on obtaining and maintaining a valid licence in place for your premises, without which your business would not be able to trade. The Licensing Act has brought significant changes to the way in which relevant premises licences are to be sought, and whether you are looking to obtain a licence or gain a personal licence. Licensing Lawyers can advise you on all such issues. Licensing Lawyers can assist you in obtaining a proper licence for your required use, dealing with any enforcement actions by Local Authorities or any reviews of premises licenses. Depending on your circumstances, Licensing Lawyers can advise you as to whether you will need to obtain any additional licences or permissions and will provide you with practical advice about doing so. If you need legal help regarding any aspect of licensing law or have any licensing matter that you need assistance with, then please complete your free legal enquiry form on the right, or click here . Further Resources - Licensing Law & Lawyers

### Liquor, Gaming & Lotteries Lawyers

Source: https://www.legaladvice.com.au/legal/liquor-gaming-lotteries

Liquor, gaming, and lottery licensing and compliance.

Each state and territory within Australia has different liquor, gaming and lotteries law legislation. The main regulatory bodies in relation to liquor, gaming and lotteries within Australia include the following: ACT Gambling and Racing Commission Department of Racing, Gaming and Liquor - WA Tasmanian Gaming Commission Licensing, Regulation and Alcohol Strategy (NT) Office of Liquor and Gaming Regulation (Qld) Office of Liquor, Gaming & Racing (NSW) Office of the Liquor and Gambling Commissioner (SA) Victorian Commission for Gambling Regulation (VCGR) If you need legal help regarding any aspect of liquor, gaming and lotteries law and licensing, then please complete your free legal enquiry form on the right, or click here . Licensing Law Whether you are a pub, bar, club, hotel, restaurant, late night food van or shop, corner shop, night club, table or lap dancing venue, betting office, or gaming establishment, you can’t have failed to be affected by changes in licensing laws over recent years. The smoking ban alone is still having a considerable impact and resulting in court cases on almost a daily basis. If you need legal help regarding any aspect of liquor, gaming and lotteries law and licensing, then please complete your free legal enquiry form on the right, or click here . If you need help in applying for a licence, whether for gaming or liquor a qualified lawyer can make the applications on your behalf. And if you are in dispute around licensing a qualified lawyer can help too, representing you before the Licensing Authority or making a detailed case on your behalf. If you need legal help regarding any aspect of liquor, gaming and lotteries law and licensing, then please complete your free legal enquiry form on the right, or click here, and we will put you in touch with a qualified lawyer who can help you. Liquor, gaming and lotteries lawyers generally provide advice in respect of the following: Personal licence applications Premises licence applications Premises licence variations Designated premises supervisors Temporary event notices Transfers of licences Club licensing Review hearings Appeals Gaming machines Betting gaming and lotteries Training and qualifications Closure of premises Noise and nuisance Smoking ban Landlord and tenant disputes Taxi Licenses Licensing issues Licences and Licensing Law Apart from those items already mentioned above, an experienced lawyer practising in licensing law, can help with the following licensing issues pertaining to: liquor licensing clubs restaurants public houses cafes community centres discotheques hotel and guest houses off-licences occasional permissions dinner and dancing betting, gaming & lotteries activity centres circuses riding establishments sports clubs sex establishments theatres zoos marriage premises amusement arcades/fruit machines betting offices betting tracks bingo clubs gaming clubs employment agencies child care establishments If you need legal help regarding any aspect of liquor, gaming and lotteries law and licensing, then please complete your free legal enquiry form on the right, or click here . Further Resources - Liquor Gaming & Lotteries Law & Lawyers

### Local Government Lawyers

Source: https://www.legaladvice.com.au/legal/local-government

Council decisions, development applications, and local government law.

Local government refers collectively to administrative authorities over areas that are smaller than a state. Basically, Local Government is a form of government in which responsibility for the regulation of certain matters within particular localities (local government areas) is delegated by statute to locally elected councillors who work for your local Council. There are various Local Government Acts in each state and territory within Australia. If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here . Generally speaking, the services provided by lawyers practising in the area of local government law include all matters and issues with local Council and local government including: • Planning, development approvals and development applications (DA's) • Site Appraisals (Development Potential) • Applications & Appeals • Obligations/Agreements • Objections to Applications & Appeals • Judicial Reviews • Enforcement/Prosecution • Certificates of Lawful Development • Advertising • Listed Buildings • Trees & High Hedges • Boundary Disputes & Trespass • Adverse Possession • Covenants, Easements & Rights of Way • Right to Light • Party Walls • Village Greens & Common Land • Enforcement Investigations • Drafting Planning Notices • standards complaints and investigations; • monitoring officer support; • attendance at committees; • social housing; • homelessness; • education law; • planning; • highways; • rights of way; • traffic regulation orders; • compulsory purchase, compulsory acquisition; • regeneration; • construction; • child care; • contracts; • state aid; • projects; • partnering and joint working; • procurement; • commercial property; • charities; • private bills; • licensing; • environmental health; • employment; • debt recovery; • training for elected members and officers;and • data protection and freedom of information. If you need legal help regarding any aspect of local government law, please complete your free legal enquiry form on the right, or click here . Local government roles and responsibilities Constitutional responsibility for local government lies with the state and territory governments. Consequently, the roles and responsibilities of local government differ from state to state. Functions include: infrastructure and property services, including local roads, bridges, footpaths, drainage, waste collection and management provision of recreation facilities, such as parks, sports fields and stadiums, golf courses, swimming pools, sport centres, halls, camping grounds and caravan parks health services such as water and food inspection, immunisation services, toilet facilities, noise control and meat inspection and animal control community services, such as child care, aged care and accommodation, community care and welfare services building services, including inspections, licensing, certification and enforcement planning and development approval administration of facilities, such as airports and aerodromes, ports and marinas, cemeteries, parking facilities and street parking; cultural facilities and services, such as libraries, art galleries and museums water and sewerage services in some states other services, such as abattoirs, sale-yards and group purchasing schemes Local government revenue comes from three main sources - taxation (rates), user charges and grants from Federal and state/territory governments. A fourth source, categorised as 'miscellaneous' by the ABS, consists of revenue raised through the likes of investment interest, dividend interest, income from public enterprise and fines. If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Local Government Law & Lawyers

### Maritime & Admiralty Lawyers

Source: https://www.legaladvice.com.au/legal/maritime-admiralty

Shipping accidents, maritime contracts, and admiralty claims.

Admiralty law is alternatively referred to as maritime law. These set of laws act as guiding principles while deciding on issues like maritime offenses. These statutes are a set of international as well as domestic laws that not only oversee maritime activities but also play a crucial role when it comes to the administration of various private entities which have vessels in operation on the high seas. The law takes into account issues like territorial waters, docks, cargo and passengers, inland waters, towage, navigation, canals, insurance and commerce. However, admiralty law is quite distinct from Laws of the Sea which is in fact a set of public international law that controls international relations, coastal water jurisdiction and navigational rights. If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here . Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterised by a significant amount of international law developed in recent decades, including numerous multilateral treaties. Australian Maritime Safety The main government authority with respect to Australia Maritime safety is The Australian Maritime Safety Authority is a largely self-funded government agency with the charter of enhancing efficiency in the delivery of safety and other services to the Australian maritime industry. Broadly speaking Maritime lawyers represent predominantly shipowners and charterers, but clients also include P&I Clubs, banks, international agencies, shipyards, charterers, insurance underwriters, governments and brokers. Maritime lawyers can provide advice for the following sectors: • shipowners • charterers • Boatbuilders and Shipwrights • Boatyards, Marinas and Port Authorities • Chandlers • Classic Boats • Marine Contractors and Engineers • Marine Designers and Surveyors • Marine Equipment Manufacturers • Maritime Museums • Passenger Vessel Operators • Sailing Clubs and Schools • Ship to Shore Scheme • Tallships and Historic Ships • Yacht Brokers and Sales • Yacht Charters and Agents • Yachts and Motor Boats If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Maritime & Admiralty Law & Lawyers

### Media & Broadcasting Lawyers

Source: https://www.legaladvice.com.au/legal/media-broadcasting

Broadcasting regulation, media contracts, and content disputes.

Regulation of the media in Australia is limited to a narrow range of specific areas. The Australian Communications and Media Authority (ACMA) is the broadcasting regulator for radio and television in Australia, and also the co-regulatory Online Content Scheme. Consumers who have complaints about programs on television and radio or certain types of content on the Internet can apply to the ACMA. The Commercial Television Code of Practice is a set of regulatory guidelines, registered with the ACMA, with which commercial television broadcasters should comply. If you need legal help regarding any aspect of media and broadcasting law, then please complete your free legal enquiry form on the right, or click here . The Australian Press Council is the self regulatory body of the print media. The Council deals with complaints from the public about editorial material in newspapers and magazines published in Australia, and aims to maintain the freedom of the press. If you need legal help regarding any aspect of media and broadcasting law, then please complete your free legal enquiry form on the right, or click here . The primary piece of legislation regarding media and broadcasting legislation in Australia is the Broadcasting Services Act 1992. The administration of the Broadcasting Services Act is the responsibility of the Australian Communications and Media Authority (ACMA). This body commenced operation in July 2005, having subsumed the functions of the Australian Broadcasting Authority (ABA) and the Australian Communications Authority (ACA). If you need legal help regarding any aspect of media and broadcasting law, then please complete your free legal enquiry form on the right, or click here . Lawyers practising in the area of media broadcasting law generally work for broadcasters, production companies, animation studios, music producers, live event producers, authors, creators, artists, musicians, and television personalities, across various media including film, television, music and theatre. Other media related sectors that lawyers can provide advice include: • Internet & digital • Publishing • Broadcasting and music • Privacy and data protection issues • Content delivery • Intellectual property and libel Broadly speaking, media and broadcasting lawyers generally have expertise in the following areas:- Content: Programme content and advertising; Advising on all areas of law and regulation affecting all forms of broadcast and media content, eg confidence, copyright, contempt, defamation & privacy; Broadcasting Code & Broadcast Advertising. Regulatory: Broadcasting and Communications legislation; The licensing regime for television programme services and digital broadcasting; The new regime for VOD Services; Listed Events and other regulatory codes and rules; Gaming and Lotteries. Media/Infrastructure: Distribution and transmission of channels; Carriage agreements; Technology and infrastructure agreements. General Advisory: Dispute avoidance; Due diligence on corporate media transactions. If you need legal help regarding any aspect of media and broadcasting law, then please complete your free legal enquiry form on the right, or click here . Further Resources - Media & Broadcasting Law & Lawyers

### Mediation Services Lawyers

Source: https://www.legaladvice.com.au/legal/mediation-services

Professional mediation for civil, commercial, and family disputes.

Mediation is an alternative way of resolving disputes or claims. It provides parties with an opportunity to negotiate a mutually agreeable resolution to a dispute rather than having to resort to court adjudication. The mediation is conducted by a neutral third party called a ‘mediator’ who seeks to identify the parties’ interests (rather than their legal rights) and to bring them to a consent settlement that will accommodate those interests. The mediator is neutral and does not decide which party is right or wrong or tell you what to do. The mediator facilitates communications, promotes understanding, focuses the parties on their interests and seeks creative solutions to problems that enable the parties to reach their own agreements. Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here . The Advantages of Mediation: (1) Lower Costs and More Flexible Results In most cases, a successful resolution through mediation means all parties save costs. You also have the opportunity to reach more flexible solutions to suit your needs. (2) Speedier Resolution of a Dispute Mediation is usually quick - helping you to get an early resolution before things get out of hand. (3) Greater Control over Outcome Mediation gives you more control over the process and the outcome. This means that the agreement is more likely to be honoured. (4) Privacy and Confidentiality The mediation is confidential and any agreement can also be kept confidential by agreement. Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here . Mediation is becoming more and more popular in resolving disputes. Mediation can be particularly helpful in resolving: employment disputes, all types of civil disputes family law matters and disputes personal injury claims and commercial disputes. The reality is often that no party in a dispute really wants to go to court, which is increasingly thought to be inflexible, uncertain and costly. An answer is to involve the disputing parties in a process which is facilitated by a neutral third party, and which enables those parties to reach their own terms of settlement. This process is called mediation. Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here . When should mediation be considered? Because it is likely to be quicker and more cost-effective than the more formal processes of arbitration or litigation, mediation should be considered as early as possible after a dispute has arisen. It is particularly appropriate where a dispute involves complex issues and/or multiple parties. Mediation can be implemented prior to, or in conjunction with, other forms of dispute resolution such as arbitration or court proceedings. While the parties must agree to participate in a mediation, that can be achieved by way of separate agreement or by a dispute resolution clause existing within a contract between the parties. Where privacy and confidentiality are important, mediation enables parties to preserve these rights without public disclosure. This often leads to more satisfactory outcomes for both parties. Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Mediation Services Law & Lawyers

### Medicine & Pharmacy Lawyers

Source: https://www.legaladvice.com.au/legal/medicine-pharmacy

Medical practitioner regulation and pharmacy law matters.

All health professionals are required to behave lawfully. Each health profession that is part of the National Registration and Accreditation Scheme is represented by a National Board. While the primary role of the Boards is to protect the public, the Boards are also responsible for registering practitioners and students, as well as other functions, for their professions. The 10 National Boards are: Chiropractic Board of Australia Dental Board of Australia Medical Board of Australia Nursing and Midwifery Board of Australia Optometry Board of Australia Osteopathy Board of Australia Pharmacy Board of Australia Physiotherapy Board of Australia Podiatry Board of Australia Psychology Board of Australia Australian Health Practitioner Regulation Agency AHPRA is the Australian Health Practitioner Regulation Agency. It is the organisation that has supported National Boards regulating 10 health professions since 1 July 2010. In March 2008 the Council of Australian Governments (COAG) decided to establish a single National Registration and Accreditation Scheme for 10 health professions, for introduction on 1 July 2010. There is a National Board for each profession. AHPRA is the single Agency that supports the Boards and the National Scheme, and has offices in each state and territory, with the head office in Melbourne. The National Registration and Accreditation Scheme commenced on 1 July 2010 and Western Australia joined on 18 October 2010. Since 1 July 2010, the following 10 professions have been regulated under the National Scheme: • chiropractors • dental practitioners (including dentists, dental hygienists, dental prosthetists & dental therapists) • medical practitioners • nurses and midwives • optometrists • osteopaths • pharmacists • physiotherapists • podiatrists • psychologists Medication & Prescription Errors Medication errors committed by doctors, nurses, pharmacists and other health care professionals are a major problem and the source of many lawsuits. Medication error causes include prescribing the wrong type of drug, ordering an improper dose, giving a patient a drug that he or she is allergic to, or combining medications that are incompatible. These mistakes can lead to deadly consequences. If you have suffered due to the negligence of a health care professional and would like legal help regarding your situation, then please complete your free legal enquiry form. Pharmacy Malpractice Claim Broadly speaking, in a pharmacist malpractice claim the elements of the case usually include the following: • The pharmacist had a duty of care • The pharmacist breached that duty of care • The breach of that duty caused harm • Damages If you would like legal help regarding a potential pharmacy malpractice claim, then please complete your free legal enquiry form. Pharmacist Duty of Care Pharmacists have a duty of care to the people whose prescriptions they fill. This means that if you had a prescription filled by a pharmacist, that pharmacist owes you a duty of care. This is true whether the pharmacist is working at a drug store, hospital, clinic or any location. This duty of care extends to the pharmacy, hospital or clinic where the pharmacist was working at the time the prescription was filled. In a pharmacist error lawsuit, the attorney needs to prove that the person suing the pharmacist (and the pharmacy, hospital, etc.) was owed a duty of care. Pharmacist Malpractice: Breach of Duty of Care A pharmacist has a degree and holds himself or herself out as having the training and ability to accurately fill prescriptions. Pharmacists are, therefore, held to a high duty of care (standard of care) that requires absolute accuracy in order processing. When a pharmacist makes a medication error while filling a prescription, there is a presumption of negligence (a breach of the duty of care). In a pharmacist malpractice lawsuit, the attorney needs to prove that the pharmacist gave the patient the wrong medication, the wrong dose of the medication, the wrong directions for taking the medication or some other error. If you have suffered due to the negligence of a health care professional and would like legal help from a specialist lawyer regarding your situation, then please complete your free legal enquiry form. Pharmacist error can come in many forms, including the following: • The patient was given another patient’s prescription. • The patient was given a medication that had a name similar to the prescribed medication. This is one of the most common reasons for pharmacist error involving the dispensing of the wrong medication. • The pharmacist misread the prescribing doctor’s handwriting. This still happens, and both the pharmacist and the prescribing doctor can be found liable is these cases. • A patient is given the wrong dose. • A patient is given a medication that has been compounded incorrectly. Some medications are compounded by pharmacies. A pharmacy error can occur if the medication has been compounded with a larger dosage of the medication than intended. • The patient is given the right drug but the wrong directions If you have suffered due to the negligence of the medical health care professional, then please complete your free legal enquiry form to discover your legal rights and entitlements. Links to Further Resources - Medicine and Pharmacy Law & Lawyers

### Mergers & Acquisitions Lawyers

Source: https://www.legaladvice.com.au/legal/mergers-acquisitions

Business sales, acquisitions, and due diligence.

Broadly speaking, Mergers and Acquisitions is that area of law that deals with the aquiring of smaller companies by larger companies or the joining of two or more companies into one. The phrase mergers and acquisitions refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling and combining of different companies that can aid, finance, or help a growing company in a given industry grow rapidly without having to create another business entity. Mergers and acquisitions (M&A) and corporate restructuring are a big part of the corporate finance world. Every day, investment bankers arrange M&A transactions, which bring separate companies together to form larger ones. When they're not creating big companies from smaller ones, corporate finance deals do the reverse and break up companies. Should you require legal help or legal representation regarding any aspect of mergers and acquisitions law, then please complete your free legal enquiry form to be put in contact with a mergers and acquisitions lawyer. Why do Mergers and Acquisitions take place? The key principle behind buying a company is to create shareholder value over and above that of the sum of the two companies. Two companies together are more valuable than two separate companies, at least in theory. This rationale is particularly alluring to companies when times are tough. Strong companies will act to buy other companies to create a more competitive, cost-efficient company. The companies will come together hoping to gain a greater market share or to achieve greater efficiency. Because of these potential benefits, target companies will often agree to be purchased when they know they cannot survive alone. Should you require legal help or legal representation regarding any aspect of mergers and acquisitions law, then please complete your free legal enquiry form to be put in contact with a mergers and acquisitions lawyer. Mergers & Acquisitions Lawyers A mergers and acquisitions lawyer can provide help and guidance about issues such as preparing for the sale or purchase of a business, handling negotiations and managing documentation. As well as various other commercial business transactions, many mergers and acquisitions lawyers can advise on foreign transactions too. Mergers and acquisitions lawyers can also assist with matters such as legal due diligence investigations, managing risk and post-acquisition integration. A mergers and acquisition lawyer can provide efficient and cost-effective mergers and acquisitions advice for all aspects of acquiring a business or the merger of two or more businesses. Should you require legal help or legal representation regarding any aspect of mergers and acquisitions law, then please complete your free legal enquiry form to be put in contact with a mergers and acquisitions lawyer. A mergers and acquisition lawyer will work alongside your bank, financiers, accountants and other stakeholders to ensure the transaction proceeds as smoothly as possible. A mergers and acquisition lawyer generally has extensive experience of the legal complexities of share transfers, the procurement of share sale and purchase agreements and can assist with many other aspects such as legal due diligence, vendor warranties and covenants. In many situations where a business is being acquired, the advice of competent employment lawyer and commercial property lawyers is required to deal with staff transfers or other contractual employment issues and property-related matters. A mergers and acquisition lawyer normally possesses experience and knowledge of the full range of transactions, from the acquisition of small sole-trader businesses to larger more complex transactions. A mergers and acquisition lawyer can help you negotiate legal and tax issues to the best possible effect, both pre- and post- transaction. A mergers and acquisition lawyer areas of expertise include: Legal Advice on acquiring or merging a business or businesses Preparation of Sale & Purchase Agreements Legal due diligence Legal advice on employment issues consequential to a merger or acquisition Legal advice on property-related matters such as lease transfers and or extensions Should you require legal help or legal representation regarding any aspect of mergers and acquisitions law, then please complete your free legal enquiry form to be put in contact with a mergers and acquisitions lawyer. Links to Further Resources - Mergers & Acquisitions Law & Lawyers

### Military Law Lawyers

Source: https://www.legaladvice.com.au/legal/military-law

Defence force legal matters and military justice.

The military justice system is a generic term which covers functions such as discipline in the Australian Defence Force (ADF), administrative action to support ADF policy, inquiries to establish facts relevant to operation and command of the ADF, and the provisions for review and management of complaints. The system is essential to ADF operational effectiveness and it complies with Commonwealth laws. Military members are subject to the same laws as apply to other Australians. The military justice system applies to all ranks. All ADF members have an interest in the success of the system. If you have a matter involving any aspect of military law, please complete your free legal enquiry form on the right, or click here . If you have suffered an injury during service, then you could be entitled to make a claim. Types of Military Claims include: Military training accidents Military combat accidents Friendly fire incidents Inadequate/faulty equipment and machinery Sports injuries Nonfreezing cold injuries Hearing loss Road Traffic Accidents Chemical accidents Fatal accidents Boxing injuries Bullying Parachuting accidents Exposure to harmful substances, such as asbestos Armed Forces Compensation Scheme Criminal Injuries Accidents involving aircrafts, helicopters and motor vehicles While our armed forces are paid to risk themselves in action, they still deserve to be protected. So if you have been injured in an military accident or through the negligence of others while serving in the forces, you could be entitled to make a military compensation claim. If you would like to know whether you are entitled to make a military compensation claim, please complete your free legal enquiry form on the right, or click here . Other Types of military compensation claims, some of which have already been referred to above, can include: Personal Injury compensation claims Personal injury on operations or on exercise Military accidents at work Military head and spinal injuries Medical Negligence of Armed Forces personnel Road traffic accidents involving Armed Forces personnel both in Australia and abroad Personal injury due to defective equipment Disease and illness contracted by military personnel in the workplace Military medical negligence compensation claims Death or injury as a result of negligent medical or dental treatment in Australia, or wherever service personnel/their families are based. Personal injury caused by failure to diagnose, or delays in the provision of treatment Personal injury caused by failure to downgrade Personal injury caused by a failure to take account of special circumstances If you would like to know whether you are entitled to make a military compensation claim, please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Military Law & Lawyers

### Mining Lawyers

Source: https://www.legaladvice.com.au/legal/mining

Mining leases, exploration rights, and resources regulation.

Australia mining law governs the exploration and extraction of minerals and petroleum in Australia. It differs substantially from the mining laws of other common law countries, the most important differences arising from the policy decision that the Crown should own all minerals. If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law. History of mining law The first Australian mining laws were enacted in 1851. Before that, ownership of minerals and petroleum passed to those who were granted title to land by the colonial governors according to common law concepts, except the right to "Royal Mines" (the precious metals of gold and silver) which remained vested in the Crown by virtue of Royal prerogative. From 1855, colonial parliaments legislated for ownership of minerals to be retained by the Crown in future grants of freehold title. Thus, the situation developed where throughout Australia, the Crown in right of the State owns nearly all the minerals. Mining Legislation In relation to minerals situated within State boundaries, prima facie, the power to legislate for minerals remains with the States. However, despite the fact that the Constitution of Australia does not list minerals as an area over which the Federal Parliament has jurisdiction, a number of the Commonwealth Parliament’s powers encompass matters relevant to mining operations and any legislation of the Commonwealth based upon these powers will override any inconsistent State legislation. As to Commonwealth jurisdiction over the Territories, the constitutional limitations regarding mining operations conducted within the States have no application in the Northern Territory, or other Australian territories. Each of the States and Territories has its own legislation regulating the exploration for and production of onshore minerals. The Commonwealth has no onshore mining legislation which is applicable in the States or Territories. As to offshore minerals, the Commonwealth has sovereignty in respect of the territorial sea, and sovereign rights in respect of both the continental shelf and the exclusive economic zone for the purpose of exploitation of their natural resources. Thus, the sovereignty over minerals of the States and the Northern Territory extends only to the low-water mark and it is the Commonwealth which is entitled under international law to exercise sovereignty over minerals under the territorial sea, within the exclusive economic zone and on the continental shelf. However, following an agreement negotiated between the Commonwealth Government and the States in 1979, the Commonwealth conferred power on the States and the Northern Territory to make laws for matters including mining operations in respect of the coastal waters and granted them proprietary rights to the seabed. If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law. In addition, the Corporations Act 2001 and the Australian Stock Exchange Listing Rules contain special provisions governing the conduct and reporting requirements of mining companies. Ownership of minerals According to the maxim "to whomsoever the soil belongs, he owns also to the sky and to the depths", there is a presumption that a land owner also owns all minerals on or beneath the surface of that land. The presumption is subject to the exception of the Royal metals. As early as the sixteenth century, the common law has held that all gold and silver, whether situated on public or private land, has been owned by the Crown.This Royal prerogative has also been applied in Australia, by both common law and legislation. However, the principle of the owner of land owning the minerals within it has been virtually abolished by statute in Australia. The general rule is that the Crown (in right of the State) owns all minerals. This has been implemented by statute; initially by enacting that all future grants of land must contain a reservation to the Crown of all minerals. Now, all new grants of freehold titles in Australia have provided that all minerals were reserved to the Crown. In respect of titles granted prior to the legislation, the owner of the land retained ownership of the minerals (except the Royal metals of gold and silver). That owner may grant a profit à prendre to enter and take minerals. If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law. Crown ownership of minerals has been made universal in Victoria and South Australia by legislative expropriation of all minerals. In Tasmania and New South Wales, this approach of legislative expropriation has been applied on a selective basis (in Tasmania, for gold, silver, oil, hydrogen, helium and atomic substances, and, in New South Wales, for coal). The Crown, pursuant to statute, may grant various leases or licences to enter onto land and take minerals. State ownership of minerals has had the important result that governments, rather than private landholders, determine the legal regimes governing mineral exploration and production. Ratified agreements Large mining operations are likely to be regulated by a ratified agreement, sometimes also called a "state agreement", an "agreement act", a "government agreement" or a "special agreement act". The basis of such an agreement is that the State contracts with the miner in the form of a written agreement which is ratified by a statute of that State or Territo…

### Mortgages & Securities Lawyers

Source: https://www.legaladvice.com.au/legal/mortgages-securities

Mortgage disputes, secured lending, and foreclosure matters.

Australian securities law relates to securities issued by corporations as well as other securities, including debentures, stocks and bonds issued by governments, and interests in managed investment schemes. Australian securities regulation rests on the principle that "financial markets cannot function effectively unless participants act with integrity and there is adequate disclosure to facilitate informed judgements".As a result, many of the regulatory rules governing dealings in securities are part of a broader framework that governs financial products, financial services and financial markets. Mandatory disclosure and conduct regulation underlie much of Australia's securities regulation. False trading, fraudulent dealing, and insider trading are dealt with to prevent improper practices in connection with securities markets. A licensing system operates to ensure securities markets are fair, orderly and transparent. At the same time, securities law is also facilitative, allocating rights and duties in conjunction with general contract law. It also allows for a degree of self-regulation, by the operation for example of an independent securities exchange. Australian securities law has been substantially modernised in recent years. The core of these laws are found in the Corporations Act 2001 (Cth), which contains provisions governing takeovers, fundraising, and financial products, services and markets. Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer. The main body of substantive law about securities is found in the Corporations Act 2001 (Cth), as well as the regulations made under that Act. Whilst much of the law is derived from earlier regulation (especially the bust in Australian mineral stocks of the late 1960s), the sections relating to securities regulation have been subject to recent amendment. The takeovers provisions were substantially re-written by the Corporation Law Economic Reform Program Act 1999. Changes to financial products, financial markets, and financial services were introduced by the Financial Services Reform Act 2001 (Cth) The resolution of disputes is confided to the Federal Court and the Supreme Courts of the States and the Northern Territory, with other courts having some powers to apply the securities legislation. Mortgage Law A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The Australian Consumer Law On 1 January 2011 the Australian Consumer Law (ACL) commenced. The mortgage industry is governed by the ACL and other relevant laws and regulations related to lending practices of lenders, banks and mortgage companies. There are laws as well to protect consumers or borrowers and their financial information. These laws are predominately contained under the ACL. For further information please see "Consumer Protection Law & Lawyers" and "Consumer Credit Law & Lawyers". Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer. Further Resources - Mortgages & Securities Law and lawyers

### Native Title Lawyers

Source: https://www.legaladvice.com.au/legal/native-title

Native title claims, land rights, and indigenous heritage matters.

Under the Native Title Act 1993 (Cth), the Federal Court of Australia is responsible for the management and determination of all applications relating to native title in Australia. If you believe you have the legal matter regarding native title law, then please complete your free legal enquiry form on the right, or click here . Native title describes the rights of Aboriginal and Torres Strait Islander peoples to land and waters according to their traditional laws and customs. It was first recognised in the Australian legal system in 1992 by the High Court in the historic Mabo decision. Native title may include possession, occupation, use and enjoyment of traditional country. It may include the right to access an area of land or the right to participate in decisions concerning how the land or waters are used by other people. Native title may also vary according to the rights of other people and may exist alongside other rights (called ‘co-existence’). Native title cannot be bought or sold. It can be transferred by traditional law or custom, or surrendered to government, which can then pay compensation to the native title holders in the same way as it does when acquiring rights to other property. If you believe you have the legal matter regarding native title law, then please complete your free legal enquiry form on the right, or click here . The role of the Court All applications for a determination of native title must be filed with the Court. The Court has wide powers in native title cases. It can: refer native title and compensation applications to the National Native Title Tribunal for mediation; decide who are the ‘parties’ (the people involved in a case); decide whether new people or organisations can become involved in proceedings as parties; order adjournment of proceedings to allow time for the parties to negotiate; make orders to ensure that overlapping native title applications which cover the same area are dealt with in one proceeding; or make a determination that native title is to be held in trust. If you believe you have the legal matter regarding native title law, then please complete your free legal enquiry form on the right, or click here . The role of the National Native Title Tribunal The main job of the Tribunal is to help people to resolve native title issues and to make agreements about the use of land. The Tribunal is not a court and does not decide whether or not native title exists. To do its job the Tribunal follows the following procedure: First, the Tribunal assesses each native title application. If the application passes certain legal tests the application is registered. After the application has been registered there is a three month period for the Tribunal to notify people and organisations whose interests may be affected by a native title application (this is called the notification period). The Federal Court then decides who the parties to the application are, and in most cases the Federal Court will then refer the application to the Tribunal for mediation. If the claim is not resolved by agreement through mediation, the matter goes back to the Federal Court. If you believe you have the legal matter regarding native title law, then please complete your free legal enquiry form on the right, or click here . How to make a Native Title Application To make a native title application you need to fill out an application form. Once the form has been completed you need to send it to the Court. You can do this by bringing it to the Court, or by posting or faxing it or by sending it by the internet. This is called 'filing'. If you believe you have the legal matter regarding native title law, then please complete your free legal enquiry form on the right, or click here . Mediation at the National Native Title Tribunal The Native Title Act encourages negotiation and agreement. Once the parties are identified, the Court may refer the application to the National Native Title Tribunal for mediation. At the Tribunal, a Tribunal member will act as a mediator to assist the parties to come to an agreement on whether native title exists and if so, who holds it. The mediation can continue for at least three months. After this time, any of the parties can ask the Court to stop the mediation and have the application heard by a Judge. Mediation at the Federal Court After an application has been filed with the Court a Judge may order that a mediation or case management conference be arranged. Usually all of the parties agree. The mediator, who may be a Registrar of the Court, will help the parties to reach an agreement or to clarify the issues that are really in dispute. If the mediation is unsuccessful the application will usually be heard by a Judge. At the hearing each of the parties will present their evidence. It is still possible, even after the hearing has started, for the Judge to direct the parties to try to reach an agreement on some of the issues in dispute through mediation. Native title cases Resolving native title applications is a complex and time-consuming process. It involves recognition of the operation of two systems of law: Australian common law and statute law on the one hand and the traditional law and custom of the Aboriginal and Torres Strait Islander peoples on the other. To decide the question of whether native title exists and who it belongs to, the Judges will usually take evidence in the area subject to the claim and also visit important sites. Sometimes the Court uses video link-up technology so that people living in remote areas can give evidence which is then televised to the courtroom. Management of Native Title cases The Court has implemented an innovative case management system called the Individual Docket System. Under this system, Judges of the Court are actively involved in managing a case from beginning to end. Most cases are allocated to Judges soon after they are filed in the Court. The native title list is managed as a national list. Once…

### Notary Public Services Lawyers

Source: https://www.legaladvice.com.au/legal/notary-public-services

Document notarisation and international certification services.

A notary public (or notary or public notary) in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries. Do you need the assistance of a Notary Public? If so, please offer a complete your free legal enquiry form on the right, or click here . Some typical areas of work of a Notary Public lawyer include: • Notarising foreign Wills • Apostilles (legalisation of documents at the Foreign and Commonwealth Office) • Overseas marriage documents • Immigration documentation • Bills of Exchange • Powers of Attorney • Affidavits and declarations • Deed Polls and other name changes Do you need the assistance of a Notary Public? If so, please offer a complete your free legal enquiry form on the right, or click here . A Notary Public lawyer can also undertake the following types of notarial certification for individuals and for companies: • Powers of Attorney for worldwide use (we can also draft Powers of Attorney, if required) • Statutory Declarations • International Affidavits, Sworn Statements, and Depositions • Notarising Private Agreements for Worldwide use, including use in the UK. • Certified Translations • Property Documents for worldwide use • Fingerprinting confirmation • Doctors and Dentists Examination Submission • Lost Passports & Birth Certificates • Change of Name deed preparation and Notarisation • Certified Copy Documents for worldwide use • Permission for Children to Travel with a lone Parent • Retirement Life Certificates • Adoption Papers and Verifications • Certificates as to Residency • Immigration Invitation Support Forms • Sponsorship forms • University Certificate and School Qualification Verifications • Overseas Car Purchases or Sales Documentation • Passport Photos and True Likeness Certificates • Certified copy of a passport • Certification of the execution of Company Powers of Attorney • Providing Notarisation of Certificates of Incorporation or Memorandum & Articles of Association • Notarised Certificates of Good Standing • Certification of Identity of Directors, Secretaries and other Company Officers • Certifying the execution of Commercial Contracts for worldwide use • Providing Certified Copies of Company Resolutions, Minutes, Reports and Company Documents • Commissioner for Oaths Services Do you need the assistance of a Notary Public? If so, please offer a complete your free legal enquiry form on the right, or click here . Further Resources - Notary Public Services Law & Lawyers

### Patents & Inventions Law & Lawyers

Source: https://www.legaladvice.com.au/legal/patents-inventions

Patent applications, invention protection, and IP enforcement.

A patent is a right granted for any device, substance, method or process which is new, inventive and useful. A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. This is not automatic-you must apply for a patent to obtain exclusive rights to exploit your invention. There are two types of patents in Australia; a standard patent gives long-term protection and control over an invention for up to 20 years. an innovation patent is a relatively fast, inexpensive protection option, lasting a maximum of 8 years. The innovation patent replaced the petty patent on 24 May 2001. Patents give effective protection if you have invented new technology that will lead to a product, composition or process with significant long-term commercial gain. In return, patent applicants must share their know-how by providing a full description of how their invention works. This information becomes public and can provide the basis for further research by others. Australian patents are administered by the Patent Office of IP Australia, a Federal Government Organisation. Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter. Your Legal Enquiry Form is fast, free and easy to use and will be treated as Private and Confidential at all times. Complete your free Legal Enquiry Form now! See also our Intellectual Property Law & Lawyers Section by clicking here. An outline of the patent system Historical origins Patents are the oldest form of intellectual property, but their historical origins are obscure. In England, in the fifteenth century, the monarch began to grant monopoly rights as a means of attracting new industries from continental Europe, but these were more in the nature of a royal licence to avoid the effects of guild regulations than a true grant of exclusive rights to carry on an activity.[4] It was only in the following century that patents began to be granted in respect of inventions, and the patent system was put on a statutory basis for the first time in the seventeenth century with the passage of the Statute of Monopolies 1623 (Statute of Monopolies). Despite its age, this English statute continues to have relevance to Australian patent law today. As it first developed, the English patent was a slow, costly and cumbersome procedure for encouraging and protecting inventions. The procedure was described in derisory terms by Charles Dickens in a short story published in 1850, ‘A Poor Man’s Tale of a Patent’. Over the years there were many piecemeal reforms to the system, but it was the Patents Act 1883 (UK) that provided the basis of modern patent law. Patent legislation in Australia has always been closely modelled on that of the United Kingdom. Prior to Federation, each of the Australian colonies had its own legislation based on the Patents Act 1883 (UK). In 1901, the Australian Constitution gave the newly established Commonwealth Parliament power to make laws with respect to ‘copyrights, patents of invention and designs, and trade marks’.In 1903, this power was exercised with the enactment of the Patents Act 1903 (Cth). As in the United Kingdom, there have been many amendments to Australian patent legislation in response to formal commissions of inquiry. The 1903 Act was re-enacted with substantial changes in 1952 and again in 1990. The Patents Act 1990 (Cth) (Patents Act) provides the current legislative framework governing the grant and administration of patents in Australia. See also our Intellectual Property Law & Lawyers Section by clicking here. Functions of patents Patent law has been described as a ‘stressful if fertile union’ between certain contradictory principles: self-interest and the common good; monopoly rights and liberty; the ownership of ideas and public disclosure of knowledge. This union results from the dual goals of patent law—to benefit society by encouraging the provision of new and useful goods, and to encourage and reward inventiveness. These goals are achieved by providing incentives for innovation and knowledge sharing by granting monopoly rights, for a limited period, to exploit a new product or process. Monopoly rights encourage investment by providing an opportunity to recoup the financial outlays involved in developing an invention. They also reward the inventor by allowing a return to be made on the time and resources expended on research and development. The limited duration of the monopoly means, however, that the patented invention eventually will be available for free and unrestricted use when the patent term expires: the compromise is thus ‘a way of securing future benefits for the common good’.In addition, patents promote knowledge sharing during the term of the patent by requiring the patent holder to place the details of the invention in the public domain. As one United States judge has stated: The purpose of the patent system is not only to provide a financial incentive to create new knowledge and bring it to public benefit through new products; it also serves to add to the body of published scientific/technological knowledge. The requirement of disclosure of the details of patented inventions facilitates further knowledge and understanding of what was done by the patentee, and may lead to further technologic advance. Exploitation of patents A patent gives the inventor the right to stop others from exploiting the invention for a limited period. However, a patent does not grant an absolute right to exploit an invention in any way the inventor may choose. A patent holder may have to satisfy regulatory requirements in order to exploit the patented product or process; for example, a patented pharmaceutical compound may need approval under the Therapeutic Goods Act 1989 (Cth) before it can be marketed lawfully and sold as a treatment for a particular condition. Similarly, the use of a patented invention is subject to the general law; for…

### Powers of Attorney & Enduring Guardian Lawyers

Source: https://www.legaladvice.com.au/legal/powers-of-attorney-enduring-guardian

Enduring powers of attorney and guardianship appointments.

TYPES OF POWERS OF ATTORNEY A power of attorney is a document that gives a person (called either the donee, attorney or appointee) the power to act on behalf of the person or company who gives the power (called the donor, principal or appointor). There are laws that regulates general and enduring powers of attorney. It is important that a power-of-attorney accords with all relevant laws and regulations. Giving a power of attorney is giving someone the authority to deal with your financial affairs. This is different from a power of guardianship, which enables another person to make personal decisions for you, for example, where you should live, recreation decisions or consenting to or refusing medical treatment. See Enduring Powers of Guardianship. These are both arrangements which allow a person to plan ahead, thereby providing a possible alternative to the involvement of the Guardianship Board at a later stage in someone's life. If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation. In South Australia any person who is over 18 years and of sound mind can make a power of attorney. No-one else can make a power of attorney for you. The issue of whether someone under 18 years can make a power of attorney is the subject of some legal debate. If you are under 18 and considering giving a power of attorney, it is suggested you consult a lawyer. There are two different forms of powers of attorney - they have similarities but there are some important differences. A general power of attorney is an authority given to a donee to deal with a donor's financial affairs. For example, it allows a donee to buy and sell things or to operate a donor's bank account if he or she is away on holidays overseas. An enduring power of attorney is a power of attorney that operates even though the donor is legally incapacitated, for example is unable to communicate after a stroke, or becomes senile. In these circumstances, a general power of attorney ceases to operate and actions taken under it after that time are invalid. If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation. A general power of attorney and an enduring power of attorney both give an attorney authority to deal with a person's financial affairs. However, while a general power of attorney is cancelled automatically if a person becomes legally incapacitated, an enduring power of attorney will still be effective. Giving either power of attorney does not mean you lose control over your affairs. A person can still deal with whatever matters he or she chooses, while the donee can only do the things that the form allows. However, giving a power of attorney to someone who is not absolutely trustworthy is very dangerous. A power of attorney document provides proof of the donee's power to act on the donor's behalf. It must be shown whenever the donee is doing something in place of the donor. It is not always necessary to make a power of attorney to deal solely with a social security pension, and other arrangements can generally be made to use a bank account on a person's behalf without going to the trouble, and risk, of making a power of attorney. However, it is unlawful to deal with someone else's money, no matter how close to you, without that person's authority. A donor acting as a trustee or personal representative for another person cannot use a power of attorney to pass on these functions to someone else. A power of attorney ends when the donor dies. At this point, a will takes over. If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation. Enduring Guardianship One way of planning for your own future is to appoint an enduring guardian. If you lose the capacity to make your own decisions, an enduring guardian can make personal decisions on your behalf, such as where you should live and what medical treatment and services you should receive. The NSW legislation governing enduring guardianship is the Guardianship Act. An enduring guardian appointed under the NSW legislation can make decisions which will affect the person under guardianship when they are in NSW. NSW also recognises the appointments of enduring guardians or their equivalents made under the law of other states and territories of Australia so that they can make decisions in NSW for people who appointed them. Other states and territories of Australia have their own legislation governing enduring guardianship. Some, but not all, of the other Australian states and territories automatically recognise a NSW enduring guardianship appointment as legally valid in those states. This means the enduring guardian will be able to use it in those states. If you are planning to be in another state or move around Australia, you should find out whether the law in the other state to which you are planning to move will recognise a NSW enduring guardianship appointment. If the NSW enduring guardianship appointment is not recognised, you may wish to consider appointing an enduring guardian under the laws of that state or territory. For more information about guardianship laws in other states or territories, you should contact the interstate guardianship organisation. Their contact details can be found at the website for the Australian Guardianship and Administration Committee. If you would like a enduring guardianship docum…

### Privacy Law Lawyers

Source: https://www.legaladvice.com.au/legal/privacy-law

Privacy breaches, data protection, and confidentiality disputes.

Privacy Legislation The Privacy Act 1988 is the main piece of law pertaining to privacy in Australia. The Privacy Act regulates how your personal information is handled. For example, it covers: how your personal information is collected (e.g. the personal information you provide when you fill in a form) how it is then used and disclosed its accuracy how securely it is kept your general right to access that information. If you need legal help regarding privacy law, then please complete your free legal enquiry form on the right, or click here . The Privacy Act also covers more specific matters, such as: the use of your tax file number how credit worthiness information about you is handled by credit reporting agencies and credit providers. Sensitive Information and Privacy Law There are certain types of personal information that are especially important to your privacy, such as your health or medical information. This information is classed as 'sensitive information' under the Privacy Act. The Act has particular provisions that require that sensitive information be managed with particular care. How does the Privacy Act work? The principles contained in the Privacy Act are not prescriptive. That is, they don't tell agencies and organisations what they must do in each situation. Rather, they offer principles about the way in which personal information should be handled, and each agency or organisation needs to apply those principles to its own situation. If an agency or organisation breaches the privacy principles, the Office of the Australian Information Commissioner (OAIC) may investigate the matter. Individuals can also make a privacy complaint to us about an agency or organisation if they think their information has been mishandled. If you believe you have a matter which involves privacy law, please complete your free legal enquiry form on the right, or click here, to receive legal help regarding privacy law. Broadly speaking, privacy lawyers can provide assistance in respect of the following privacy law issues: Health Credit and finance Internet, communications and other technologies Direct marketing Identity security Law enforcement and national security Photos and surveillance investigations and investigators Workplace matters Education and child care Tenancy and real estate Youth matters If you need legal help regarding privacy law, then please complete your free legal enquiry form on the right, or click here . Privacy Interference Office of the Australian Information Commissioner (OAIC) Please be advised that the Office of the Australian Information Commissioner (OAIC) has complaint handling responsibilities under the Privacy Act 1988. Individuals can complain if they believe their privacy has been interfered with by an Australian or ACT government agency, or a private sector organisation covered by the Act. Should you wish to seek legal representation then please complete your free legal enquiry form on the right. If you need legal help regarding privacy law, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Privacy Law & Lawyers

### Product Liability Lawyers

Source: https://www.legaladvice.com.au/legal/product-liability

Claims for injury or damage caused by defective products.

You are allowed to make a product liability claim against the manufacturer of a faulty product that can be shown to have caused you personal injury. This covers a wide range of products; including, but not limited to, electrical goods, cosmetics, toys, furniture, equipment and all other dangerous, unsafe or defective products and goods. If you believe you have a product liability claim for compensation, then please complete your free legal enquiry form on the right, or click here . Product Liability Claims The four main ways in which a manufacturer can be found to be at fault in a product liability claim are: 1. Manufacturing If contamination has occurred in a factory or a batch of products has been damaged during the manufacturing process and the quality control procedure has not identified this and you have suffered injury as a result, the manufacturer is likely to be liable. 2. Design If a product is poorly designed, such as a toy that has very sharp edges or a kettle that allows steam to escape around the handle, and you have sustained an injury as a result, you can make a product liability claim against the manufacturer. 3. Warnings If a manufacturer fails to exhibit sufficient warnings on a product that is inherently dangerous, such as an electrical appliance, or a salesman has downplayed the warnings on such an item, then the company may well be found to be liable if you are injured as a result. 4. Failure to recall/announce warnings If a manufacturer discovers a problem with a product that could cause personal injury and fails to announce warnings about the product and injury occurs as a result, a product liability claim could well be successful, if you are injured by the product. If you believe you have a product liability claim for compensation, then please complete your free legal enquiry form on the right, or click here . Product liability claims are claims resulting from accidents caused by goods or products which have been supplied or work which has been carried out. The types of accident which could result from defects in products are numerous and the following are some examples :- Fire or injury resulting from faulty electrical goods Injuries caused by by defective tools, knives and sharp or dangerous objects, etc Road accidents caused by defective parts or faulty workmanship during repair or servicing Food poisoning Damage to teeth by foreign bodies in food Injuries to children by unsafe toys Products may cause accidents for a variety of reasons - defective materials or workmanship, defects in design, inadequate or misleading warnings or instructions, defective containers or packaging. Product Liability Compensation Anyone manufacturing or selling goods or carrying out work (eg. building work, repair work) may find themselves responsible to pay compensation to consumers injured by their products. Such liability may be at Common Law or under Statute eg. the Sale Of Goods Act and the Consumer Protection Act have provisions specifically intended to make it less difficult for injured consumers to claim against suppliers of defective products. If you have suffered an injury and would like to know whether you may be entitled to compensation please complete your free legal enquiry form on the right, or click here . If a business supplies products to consumers then they need to make sure those products are safe. Normally the responsibility falls square on the shoulders of the actual manufacturer of any product found to be defective. A manufacturer or producer can be a company that actually makes products, one that imports a product into this country or even businesses that customise other manufacturers products for their own stores. But stores and other retailers i.e. distributors also have responsibilities pertaining to the products that they sell on. If you believe you have a product liability claim for compensation, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Product Liability Law & Lawyers

### Science & Biotechnology Lawyers

Source: https://www.legaladvice.com.au/legal/science-biotechnology

Biotech patents, research agreements, and scientific regulation.

A general description of biotechnology is using living things to create products or to do tasks for human beings. If you have a legal matter regarding Science, Biotechnology & Gene Technology Law, please complete your free legal enquiry form on the right, or click here . Biotechnology is the practice of using plants, animals and micro-organisms such as bacteria, as well as biological processes - such as the ripening of fruit or the bacteria that break down compost - to some benefit. For example, biotechnology is used in industry, medicine and agriculture to produce foods, medicines, test for diseases and remove waste. It can also be used to solve problems and conduct research. Over time, biotechnology has formed the basis of learning about people and diseases. Biotechnology has also underpinned the development of treatments. Biotechnology is the use of plants, animals and micro-organisms to create new products or processes. It includes using bacteria or enzymes to make industrial processes work more efficiently and create less pollution, or to clean up the environment. Gene Technology One kind of biotechnology is gene technology, sometimes called 'genetic engineering' or 'genetic modification', where the genetic material of living things is deliberately altered to enhance or remove a particular trait and allow the organism to perform new functions. Genes within a species can be modified, or genes can be moved from one species to another. In Australia, for example, gene technology has been used to make cotton plants resistant to pests without the use of chemicals, and to make a blue carnation for the floral industry. While genetically modified organisms, or GMOs, often have demonstrated environmental benefits, such as significant reductions in pesticide use, they may also present potential risks to the environment. Gene Technology Regulator The Office of the Gene Technology Regulator has been established within the Australian Government Department of Health and Ageing to provide administrative support to the Gene Technology Regulator in the performance of his functions under the Gene Technology Act 2000. The Gene Technology Act 2000, which came into force on 21 June 2001, introduces a national scheme for the regulation of genetically modified organisms in Australia, in order to protect the health and safety of Australians and the Australian environment by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with genetically modified organisms. If you have a legal matter regarding Science, Biotechnology & Gene Technology Law, please complete your free legal enquiry form on the right, or click here . National Regulatory Scheme for Genetically Modified Organisms The nationally consistent legislative scheme for gene technology is comprised of the Commonwealth Gene Technology Act 2000 and Gene Technology Regulations 2001, and corresponding State and Territory legislation. The legislation was developed in consultation with all Australian jurisdictions and the scheme is supported by the inter-governmental Gene Technology Agreement 2001 between the Australian Government and each State and Territory. The Commonwealth Gene Technology legislation took effect on 21 June 2001 and consists of the following: The Gene Technology Act 2000 (compilation incorporating amendments up to Act No. 58 of 2011) The Gene Technology Regulations 2001 (compilation incorporating amendments up to SLI 2011 No. 73) The Gene Technology (Consequential Amendments) Act 2000 The Gene Technology (Licence Charges) Act 2000 The Commonwealth legislation incorporates the following amendments: Gene Technology Amendment Act 2007 (commencement 1 July 2007) Gene Technology Amendment Regulations 2011 (commencement 1 September 2011) Gene Technology Amendment Regulations 2009 (commencement 2 May 2009) Gene Technology Amendment Regulations 2007 (commencement 1 July 2007) Gene Technology Amendment Regulations 2006 (commencement 31 March 2007) If you have a legal matter regarding Science, Biotechnology & Gene Technology Law, please complete your free legal enquiry form on the right, or click here . Corresponding State Laws include: Gene Technology Act 2001 - Victoria Gene Technology Regulations 2001 - Victoria Gene Technology Act 2001 - South Australia Gene Technology Regulations 2002 - South Australia Gene Technology Act 2001 - Queensland Gene Technology Regulation 2002 - Queensland Gene Technology Act 2003 - Australian Capital Territory Gene Technology Regulation 2004 - Australian Capital Territory Gene Technology (New South Wales) Act 2003 - New South Wales Gene Technology Act 2004 - Northern Territory If you have a legal matter regarding Science, Biotechnology & Gene Technology Law, please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Science & Biotechnology Law & Lawyers

### Space Law Lawyers

Source: https://www.legaladvice.com.au/legal/space-law

Satellite, aerospace, and space industry legal matters.

What is space law? Space law can be described as the body of law applicable to and governing space-related activities. The term "space law" is most often associated with the rules, principles and standards of international law appearing in the five international treaties and five sets of principles governing outer space which have been elaborated under the auspices of the United Nations Organization. However, space law also includes international agreements, treaties, conventions, rules and regulations of international organizations ( eg . the International Telecommunications Union), national laws, rules and regulations, executive and administrative orders, and judicial decisions. States which have national law and legislation governing space-related activities include inter alia Argentina, Austr alia , Canada, Finland, France, Germany, Hungary, Indonesia, Japan, New Zealand, Philippines, Republic of Korea, Russian Federation, Slovakia, Sweden, South Africa, Tunisia, Ukraine, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. Should you wish to obtain legal help regarding any aspect of space law, then please complete your free legal enquiry form. Why do we need law about outer space? Outer space is an exciting and highly important region, which because of its unique nature holds the potential for both significant benefits and dangers. The primary goals of space law are to ensure a rational, responsible approach to the exploration and use of outer space for the benefit and in the interests of all humankind. To this end, space law addresses a variety of diverse matters, such as military activities in outer space, preservation of the space and Earth environment, liability for damages caused by space objects, settlement of disputes, protection of national interests, rescue of astronauts, sharing of information about potential dangers in outer space, use of space-related technologies, and international cooperation. Should you wish to obtain legal help regarding any aspect of space law, then please complete your free legal enquiry form. What is the legal difference between the five international treaties and the five sets of principles elaborated through the United Nations? Following their adoption by the General Assembly, the five international treaties governing outer space were opened for signature and ratification by Member States. Under international law, their provisions are binding upon those States who have ratified them. In addition, they articulate agreed upon principles relating to the exploration and use of outer space which may guide even those States which have not legally bound themselves to the provisions. The five sets of principles have the legal status of General Assembly resolutions. They provide generally accepted principles, rules and standards by which States may, and very often do, govern their space related activities. How many States have signed and ratified the five international treaties governing outer space? As of 1 January 2006: The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty") has been ratified by 98 States and signed by 27 others. The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement") has been ratified by 88 States and signed by 25 others. In addition, one international intergovernmental organization has declared its acceptance of the rights and obligations provided for in this Agreement. The Convention on International Liability for Damage Causes by Space Objects (the "Liability Convention") has been ratified by 83 States and signed by 25 others. In addition, three international intergovernmental organizations have declared their acceptance of the rights and obligations provided for in this Convention. The Convention on Registration of Objects Launched into Outer Space (the "Registration Convention") been ratified by 46 States and signed by 4 others. In addition, two international intergovernmental organizations have declared their acceptance of the rights and obligations provided for in this Convention. The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Agreement") has been ratified by 12 States and signed by 4 others. Should you wish to obtain legal help regarding any aspect of space law, then please complete your free legal enquiry form. Do the five international treaties regulate military activities in outer space? Yes. The Outer Space Treaty prohibits States Parties from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, installing such weapons on celestial bodies, or stationing such weapons in outer space in any other manner. The Treaty also states that the Moon and other celestial bodies shall be used exclusively for peaceful purposes and prohibits the establishment of military bases, installations and fortifications, the testing of any types of weapons and the conduct of military manoeuvres on such celestial bodies. However the use of military personnel for scientific research or for any other peaceful purposes is not prohibited. The Moon Agreement expands upon the provisions of the Outer Space Treaty by also prohibiting any threat or use of force, any other hostile act or threat of hostile act on the Moon (or other celestial bodies in the solar system) and any use of the Moon (or other celestial bodies in the solar system) in order to commit such acts or threats in relation to the Earth, the Moon, spacecraft, personnel of spacecraft or man-made space objects. Can any State claim a part of outer space as its own? No. The Outer Space Treaty states that outer space, including the Moon and other celestial bodies is not subject to national appropriation by claim of sovereignty, by means…

### Sports Law Lawyers

Source: https://www.legaladvice.com.au/legal/sports-law

Athlete contracts, sporting disputes, and governance matters.

Sports law is an umbrella term used to describe the legal issues at work in the world of both amateur and professional sports. Sports law overlaps substantially with labor law, contract law, antitrust law, and tort law. Issues like defamation and privacy rights are also an integral aspect of sports law. The area of law was established as a separate and important entity only a few decades ago, coinciding with the rise of player-agents and increased media scrutiny of sports law topics. If you need legal help regarding any aspect of sports law, then please complete your free legal enquiry form on the right, or click here . Australian Sports Commission is the Australian Government agency responsible for the development of sport in Australia. It is also responsible for the the Australian Institute of Sport. Australian Sports Anti-Doping Authority is an independent agency that conducts drug testing and education programs. National non-government organisations. Sports lawyers generally provide expertise in respect of the following issues pertaining sports law: Dispute in sports Torts and sports Sports marketing and legal issues Sport and criminal law Court of Arbitration for Sport Court of arbitration for sport provides codes of sport-related arbitration and guides to arbitration. It also provides rules for the resolution of disputes arising during the Olympic Games. If you need legal help regarding any aspect of sports law, then please complete your free legal enquiry form on the right, or click here . The sports arena has expanded massively in the last 10 years. The commercial stakes are at an all time high with players, coaches, clubs and governing bodies facing challenging times. The ambit and scope of regulation has increased significantly and carefully considered legal advice is required to protect the interests of both clubs and players. Sports lawyers can offer professionally tailored advice and representation to players, clubs, coaches, referees and governing bodies on a variety of legal and regulatory matters. If you require assistance in any regulatory or disciplinary proceedings, sports lawyers can assist you by providing the following service: evaluate your case, offer written advice on how to proceed, and represent you before your governing body, tribunal, club or disciplinary committee. If you are a club or governing body, sports lawyers can offer advice on the drafting of rules, regulations and codes of conduct. Sports lawyers can also assist you in any disputes with governing bodies and/or other regulators. If you need legal help or legal representation regarding any aspect of sports law, then please complete your free legal enquiry form on the right, or click here . The services provided by sports lawyers also include assisting with business planning and information memorandum; researching and identifying strategic options and potential buyers, investors or targets; making introductions; advising upon optimum structures for businesses and transactions; managing/conducting due diligence; negotiating M&A, investment and other corporate transactions and drafting all transaction documentation. Sports lawyers also provide expertise and commercial advice on matters including: Commercial Sponsorship Agreements. Technical kit supply agreements. Commercial partnership agreements. Brand licensing and merchandising agreements. Inter club co-operation agreements. Electronic turnstile operation agreements. Payment card and managed transaction service agreements. Media content development agreements. Website optimisation agreement. Player Transfers and Sport Law Player transfers. Playing Contracts. Agent Representation Contracts. Compromise agreements. Image rights structures. Regulatory Advice regarding Sports Law Deed of Licence. Disciplinary matters. Tribunal Matters regarding Sports Law Doping investigations Competition issues. Dispute Resolution in Sports Law Tribunal Hearings. Court of Arbitration for Sport. Arbitration Proceedings. Mediation hearings. Employment Tribunals. Sporting Injuries and Sports Law Insurance claims Compensation claim for Sporting Injuries Advice with respect to Sporting injuries legislation. If you need legal help or legal representation regarding any aspect of sports law, then please complete your free legal enquiry form on the right, or click here . Sports Lawyers practising sports law Sports law is an intricate web of many and varied types of law. To be truly expert in Sport Law, a Sports Lawyer must have expertise in each relevant facet of law as well as a deep understanding of the complexities and nuances of the governance, promotion and business of sport. Sports Lawyers can represent and advise numerous businesses and sports organisations on a daily basis in sport law issues including sponsorship agreements, product endorsement arrangements, broadcasting, personality and image rights, infrastructure projects, licensing agreements, employment contracts and freedom of movement, health and safety matters, naming rights agreements, competition law issues, equality and discrimination, event management, ambush marketing, grievance procedures, intellectual property protection and exploitation, anti-doping regulations and prosecutions, disciplinary proceedings, administration and membership issues, dispute resolution and the structuring and enforcement of sport rules and regulations. Services provided by Sports Lawyers Broadly speaking, sports lawyers can provide expert advice and assistance with respect to the following issues pertaining sports law: General sports law Sponsorship agreements Finance Competition law Personality rights Event management Broadcasting Infrastructure projects Licensing Employment contracts Health and safety Naming rights Freedom of movement Grievance procedures Intellectual property Anti-doping Disciplinary proceedings Rules and regulations Administration and membership issues Dispute resolution Product endorsement Ambush marketing Eq…

### Superannuation Lawyers

Source: https://www.legaladvice.com.au/legal/superannuation

Superannuation disputes, TPD claims, and fund administration.

Superannuation is a way of saving for your retirement. Both you and your employer can make contributions that accumulate over time and this money is then invested in shares, government bonds, property, or other appropriate investments. Superannuation is a retirement (including pensions) program in Australia. It has a compulsory element whereby employers are required by law to pay an additional amount based on a proportion of an employee's salaries and wages (currently 9%) into a complying superannuation fund. An individual's superannuation fund can be accessed when the employee meets one of the conditions of release contained in Schedule 1 of the Superannuation Industry (Supervision) Regulations 1994. If you would like legal help regarding superannuation law, please complete your free legal enquiry form on the right, or click here . Total and Permanent Disability Compensation Claims If you become Totally and Permanently Disabled, you can claim your superannuation early. Most superannuation funds also have a TPD insurance component. Therefore in addition to receiving your super early, you may be entitled to a lump sum payout through the TPD insurance component. For more information click here: Total and Permanent Disability Compensation Claims Superannuation - Compulsory employer contributions Most people are entitled to compulsory super contributions from their employer. These super guarantee contributions must be at least 9% of your ordinary earnings, up to the 'maximum contribution base'. You may also be entitled to choose the fund your super is paid into. Other contributions and co-contributions You can boost your super by making your own contributions and may be eligible for government co-contributions. You might also want to consider a salary sacrifice arrangement to grow your super. The amount of tax on your contributions depends on whether they are concessional (sometimes referred to as 'before tax') or non-concessional (sometimes referred to as 'after tax') contributions, and whether you exceed the contribution caps. Keeping track of your super If you've ever changed your name, address or job, you may have more than one super account or even have some lost super. Combining your super into one account will save you fees and makes it easier to keep track of your super. Accessing your super benefits You can access your super when you reach 'preservation age' and retire, or turn 65 (even if you haven't retired). There are very limited circumstances where you can access your super savings early. The tax treatment of super and death benefits depends on a number of factors, such as when and how the benefits are paid. They may have both taxable and tax-free components. If you're a temporary resident working in Australia, you can apply for your super when you leave. If you have a legal issue regarding your superannuation, please complete your free legal enquiry form on the right, or click here . Self managed super funds You can set up your own private super fund and manage it yourself, but only under strict rules regulated by the Australian Taxation Office (ATO). They are sometimes called a 'self-managed super fund' (SMSF). An SMSF can have one to four members. Each member is a trustee. Running your own Super fund is complex so think carefully before setting up a Superannuation Fund. If you set up a self-managed super fund you must: Carry out the role of trustee, which imposes important legal duties on you Use the money only to provide retirement benefits Set and follow an investment strategy that ensures the fund is likely to meet your retirement needs Keep comprehensive records and arrange an annual audit by a qualified auditor Smart tip Don't forget to take out separate life insurance cover if you have a self-managed super fund. If you're running a self-managed super fund, you will typically need: A large amount of money in the fund to make set-up and yearly running costs worthwhile - usually at least $250,000 To allow for ongoing expenses such as professional accounting, tax, audit and legal advice Plenty of time to manage the fund Financial experience and skills so you are more likely to make sound investment decisions Separate life insurance, including income protection and total and permanent disability cover. You can pay an adviser a fee to do the administration for your self-managed super fund. However, you cannot pass on the responsibility of being a trustee. If you would like legal help in regards to self managed super funds, please complete your free legal enquiry form on the right, or click here . The main laws that apply to superannuation are the: Superannuation Industry (Supervision) Act and Regulations (regulates most private superannuation funds); Superannuation Guarantee (Administration) Act and Regulations (tells employers the minimum contribution they must pay); Superannuation Act (covers Commonwealth government superannuation funds) If you would like legal help regarding superannuation law, please complete your free legal enquiry form on the right, or click here . Operation Employer contributions Employers must make superannuation contributions to the employees' at 9% to a designated superannuation fund at least every three months. The superannuation contributions are invested over the period of the employees' working life and the sum of compulsory and voluntary contributions, plus earnings, less taxes and fees is paid to the person when they choose to retire. The sum most people receive is predominantly made up of compulsory employer contributions. Special rules apply in relation to employers providing defined benefit arrangements. There are less common traditional employer funds where benefits are determined by a formula usually based on final average salary and length of service. Essentially, instead of minimum contributions, employers need to provide a minimum level of benefit. Superannuation Guarantee law applies to all working Australians, except those earning l…

### Taxation Lawyers

Source: https://www.legaladvice.com.au/legal/taxation

Tax disputes, ATO audits, GST matters, and tax planning advice.

There are many forms of taxation in Australia. Individuals and companies in Australia may be required to pay taxes or charges to all levels of government: local, state, and federal governments. Taxes are collected to pay for public services and transfer payments. If you need legal help regarding any aspect of tax law, then please complete your free legal enquiry form on the right, or click here . Income taxes are the most significant form of taxation in Australia, and collected by the federal government through the Australian Taxation Office. Australian GST revenue is collected by the Federal government, and then paid to the states under a distribution formula determined by the Commonwealth Grants Commission. If you need legal help regarding tax law, then please complete your free legal enquiry form on the right, or click here . Taxes are levied by all 3 tiers of government. Major taxes such as income tax (both personal and company), goods and services tax, and customs and excise duties are raised by the federal Government. State governments levy taxes such as land tax, payroll tax and stamp duty on conveyancing transactions. Local governments raise taxes such as council rates. Administration of taxation in Australia is carried out by the Australian Taxation Office or the ATO. The ATO is the primary revenue collector. It is reckoned that the ATO collects 92 percent of the revenue earned by the federal government. Different types of taxes in Australia are levied for: Businesses Individuals Government Superannuation Tax professionals If you need legal help regarding any aspect of tax law, then please complete your free legal enquiry form on the right, or click here . Different types of taxes in Australia are as follows: Superannuation taxes Superannuation is a pension program in Australia. In this a superannuation fund is formed by contributions from the employer. The employer saves a part of the employees' salary into the fund. After retirement the fund is collected and made available to the employee along with additional incentives, which the employee is entitled to get for keeping the money with the employer. So, taxes are usually charged at three points. These three points are sometimes known as “three pillars”. As per budget of 2007-2008, one need not pay taxes on the superannuation earnings if the age of the individual is 60 years. In other cases, a flat rate of 15 percent is levied on the superannuation funds. Corporate Taxes The corporate taxes in Australia are imposed at 30 percent flat rate. Corporates as well as companies are required to pay tax to the federal government in Australia for profits earned. Prior to the distribution of profits (as dividends) amongst the shareholders, the corporate tax is paid to the government. Franking credit, which is tax credit in Australia is made available to the shareholders so that they can see the corporate tax, which has already been paid. This procedure is known as dividend imputation. Goods And Services taxes The government in Australia imposes 10 percent tax on supply of services as well as goods. This tax is usually levied on individuals who have registered for Goods And Services Tax or GST. Supplies like exports, food products, medical services, services related to education are free from paying the GST tax. They may be taxed on inputs like financial services, accommodation (residence). The revenues, which are earned from Goods and Services tax are distributed among the states. Stamp duties are imposed by the government on different types of transactions. However, federal government in Australia, do not impose sales tax on certain transactions. If you need legal help regarding any aspect of tax law, then please complete your free legal enquiry form on the right, or click here. Capital Gains Tax Capital gain - or capital loss - is the difference between what it cost you to get an asset and what you received when you disposed of it. You pay tax on your capital gains. It's not a separate tax, just part of your income tax, although it is generally referred to as capital gains tax (CGT). If you make a capital loss, you cannot claim it against income but you can use it to reduce a capital gain in the same income year. If your capital losses exceed your capital gains or you make a capital loss in an income year you don't have a capital gain, you can generally carry the loss forward and deduct it against capital gains in future years. All assets you've acquired since tax on capital gains came into effect (on 20 September 1985) are subject to CGT unless specifically excluded. Selling assets such as real estate or shares is the most common way you make a capital gain or capital loss. CGT also applies to intangible assets such as business goodwill. Some of your main personal assets are exempt from CGT, including your home, car, and most personal use assets, such as furniture. CGT also doesn't apply to depreciating assets used solely for taxable purposes, such as business equipment or fittings in a rental property. If you're an Australian resident, CGT applies to your assets anywhere in the world. If you need legal help regarding any aspect of tax law, then please complete your free legal enquiry form on the right, or click here . Excise tax Excise taxes are levied by the federal government on petrol, cigarettes, alcohol. These are referred to as in elastic goods. These are known as inelastic goods because the demand for these goods is always there even if there is an increase in the prices if these commodities. Property Taxes States governments depend largely on property taxes for carrying out different activities. Property taxes from commercial complexes, industrial houses and residential complexes fund the state governments. There are times when the local governments impose tax on value of land. Taxes imposed on value of the land is mainly applicable to properties of very high value. Stamp duties are imposed by the state governments on land tra…

### Telecommunications Lawyers

Source: https://www.legaladvice.com.au/legal/telecommunications

Telecom contracts, licensing, and regulatory compliance.

The ‘communications power’ of the Australian Constitution (s. 51(v)) gives the Commonwealth Parliament the power to regulate telecommunications in Australia. In 2005 Parliament created the Australian Communications and Media Authority (ACMA) was created to regulate broadcasting, the Internet, radiocommunications and telecommunications. If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here . As the primary regulator of telecommunications in Australia, the ACMA exercises powers under the following legislation: Telecommunications Act 1997, Telecommunications (Consumer Protection and Service Standards) Act 1999 and -Radiocommunications Act 1992 Under the Telecommunications Act 1997, the ACMA is responsible for regulating customer equipment and customer cabling. The ACMA administers industry self-regulatory arrangements based on compliance with applicable standards and labelling. These regulatory arrangements aim to ensure that items meet minimum mandatory technical standards and are appropriately labelled before they are connected to a telecommunications network. If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here . The technical standards aim to: protect the personal health and safety of users and operators of telecommunications networks protect the integrity of the telecommunications networks ensuring interoperability with telecommunications networks for the supply of a standard telephone service ensure access to emergency call services. The ACMA's role also includes: encouraging development of codes of practice and industry standards for the telecommunications industry, and registering and monitoring compliance with such codes providing advice and information to consumers about their rights and safeguards undertaking research into phone usage liaising with relevant overseas bodies and actively participating in international standardisation activities. The Telecommunications Industry Ombudsman The TIO is authorised to investigate complaints about the connection or supply of telephone or internet services. The general role and powers of the TIO are included in the Telecommunications (Consumer Protection and Service Standards) Act 1999. The TIO aims to settle disputes quickly in a fair, objective and non-bureaucratic way, having regard not only to the law and to good industry practice, but also to what is fair and reasonable in all the circumstances. If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here . The TIO has jurisdiction to receive, investigate and facilitate the resolution of complaints where the complaint is about: telecommunications services ("carriage services") billing of content services access to or use of land by a carrier billing for carriage services, or providing or supplying (or failure to provide or supply) carriage services. The last point mentioned above, can include complaints about: the standard telephone service mobile services internet services pay-phones delays in telephone and internet connections printed and electronic White Pages fault repairs privacy access to or use of land by a carrier, or compliance with the Customer Service Guarantee Standard or industry Codes of Practice. The TIO cannot handle complaints concerning: the setting of tariffs and charges privately-owned telecommunications equipment, other than the rented handset -supplied with a basic phone service and telecommunications equipment sold as a -part of a bundled contract cabling, except cabling up to the first telephone socket in a premises matters of telecommunications policy the 000 emergency service anti-competitive behaviour or restrictive business practices, or the content of ‘information services’, eg. 1900 numbers and internet content. Powers of the TIO The TIO has the authority to make Binding Decisions up to the value of $30,000, and Recommendations up to the value of $85,000. For complaints received by the TIO before 1 May 2010 the TIO has the authority to make Binding Decisions up to the value of $10,000, and Recommendations up to the value of $50,000. Binding Decisions are legally binding upon the telecommunications company. If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Telecommunications Law & Lawyers

### Tenancy Lawyers

Source: https://www.legaladvice.com.au/legal/tenancy

Residential and commercial tenancy disputes and evictions.

There are many different laws throughout Australia pertaining to residential tenancy law. If you are a tenant or a landlord and would like legal help regarding any aspect of tenancy law, please complete your free legal enquiry form on the right, or click here. A lease or tenancy is the right to use or occupy personal property or real property given by a lessor to another person (usually called the lessee or tenant) for a fixed or indefinite period of time, whereby the lessee obtains exclusive possession of the property in return for paying the lessor a fixed or determinable consideration (payment). If you need legal help on any aspect of tenancy law, then please complete your free legal enquiry form on the right, or click here . The tenancy agreement is a contract between a tenant and a landlord. It may be written or oral. The tenancy agreement gives certain rights to both tenant and landlord, for example, tenant's right to occupy the accommodation and the landlord's right to receive rent for letting the accommodation. We can put you in contact with a tenancy lawyer who is best able to help you with the following residential tenancy issues: Residential Tenancies legislation Who is covered; Who is not covered; Your rights; Your obligations; Terms of the standard agreement Starting a tenancy Residential tenancy agreements; Information landlord must provide; Costs; Holding fees; Rent in advance; Bond; Keys Bond Paying the bond; Deposit of bonds; Change of shared tenancy; Transfer of bond; Claiming bond back; Claim by landlord; Repayment to former co-tenant Rent increases How rent may be increased; How often; Correct notice; Excessive rent; Negotiating a smaller increase; Social housing tenancies; Excessive rent orders Rent arrears Rent in advance; If you are behind; Eviction only with court/tribunal order; Termination for non-payment of rent; Conciliation and tribunal hearings; Termination orders Repairs and maintenance Landlord's obligations; Your obligations; Urgent repairs; Other repairs; Applying for tribunal orders Locks and security Your rights and obligations; Landlord's obligations; Changing the locks with reasonable excuse; Reasonable security; Applying for tribunal orders Access and privacy Your rights; Landlord's right to enter premises; Entry with consent; Entry without consent, without notice; Entry without consent, with notice; Limits to entry without consent; Entry when you are away; Interference with your privacy If you need legal help on any of the tenancy issues listed above, please complete your free legal enquiry form on the right, or click here . You want to leave Termination notices; Correct notice; Termination without ground; Termination for breach of agreement; Early termination on prescribed grounds; Vacating before termination date; Withdrawal of notice Landlord ends agreement Termination notices; Correct notice; Termination without ground; Termination for breach of agreement; Termination for sale of premises; Application to tribunal without notice; Eviction only with court/tribunal order; Vacating before termination date; Withdrawal of notices; Retaliatory eviction; Termination orders Consumer, Trader and Tenancy Tribunal Making an application; Representation; Interpreters; Attending the hearing; Changing a hearing date; Evidence; Conciliation; During the hearing; Notices of orders and reasons; Money orders; Renewing an application; Rehearing Domestic violence Your tenancy status; Types of agreement; Discuss your options; About AVOs; Changing the locks; You want to stay; You want to leave Strata scheme tenants The owners corporation; Repairs to common property; By-laws and rules; Resolving disputes; Keeping pets; Eviction only by court/tribunal Boarders and lodgers Who boarders and lodgers are; Renting in a boarding house; Paying rent; Bond; Repairs and maintenance; Leaving; Eviction; Disputes Share housing Legal status; Transfer or sub-letting; Rent receipts; Bond; Other occupants want you to leave; You want to leave; Paying bills; Resolving disputes Ending tenancy early Legally specified reasons; Breach of agreement by landlord; Hardship to you; Premises unusable; Prescribed grounds; Termination notices; Transfer of tenancy; Breaking the agreement If you need legal help on any of the tenancy issues listed above, please complete your free legal enquiry form on the right, or click here . Discrimination Unlawful discrimination; Exceptions; If you experience discrimination; The complaints process Transfer and sub-letting Landlord's consent needed; Asking consent; If landlord withholds consent; Written tenancy agreements; Rights and obligations; Bond; Sample transfer document; Sample sub-letting agreement Tenant databases Restrictions on listing by landlords/agents; Restrictions on listing by database operators; Finding out about a listing; Amendment and removal of listings; Disputes about listings; Minimising impact of a listing Smoke alarms Landlord's obligation; Buildings types and alarm types; Old alarms; Interference with an alarm Replacing batteries; Landlord's access to premises; Disputes; Urgent repairs; People with hearing impairment Mortgagees and tenants How landlord's mortgage can affect you; If landlord defaults; Demand for rent; Demand for possession; Notice of Supreme Court proceedings; Order for mortgagee possession; Notice to vacate; Writ for posession; Special cases Storm damage Immediate action; If you want to stay; Repairs; Rent reduction; You want to leave; Landlord wants you to leave; Uninhabitable premises; Upkeep of premises; Applying for tribunal orders Utilities Costs and charges – who pays; Electricity and gas; Bottled gas; Water usage; Water tanks; Septic tanks; Telephone, television and internet connections; Landlord must not interfere with supply; Disputes over bills Mould About mould; Rights and obligations; If you want to stay; Applying for tribunal orders; Outcomes of tribunal cases; If you want to leave; Personal injury Goods left be…

### Tourism & Travel Lawyers

Source: https://www.legaladvice.com.au/legal/tourism-travel

Travel contracts, tourism regulation, and hospitality disputes.

Tourism law is diverse and is mostly composed of two parts: laws applying to tourism in unforeseen circumstances due to individual incidents i.e. disappointments and damages industry specific laws and international regulations The legal definition of travel is to cross borders in the physical sense. Tourism law Tourism law, can also be referred to as: travel law, hospitality law, holiday law, or leisure law. If you need any legal help regarding tourism and travel law, please complete your free legal enquiry form on the right, or click here . Tourism and travel lawyers provide legal expert advice for those operating a travel, leisure or hospitality business. Tourism and travel lawyers expertise can include: advising travel insurers regarding breach of contract claims advising tour operators on terms and conditions, supplier contracts and other commercial matters defending hotels and tour operators against injury claims giving professional negligence advice to insurers regarding mishandled travel litigation claims helping travel insurers and assistance companies to recover their insurance outlays If you need any legal help regarding tourism and travel law, please complete your free legal enquiry form on the right, or click here . Tourism and Travel Lawyers Tourism and travel lawyers act for a wide and diverse range of leisure and tourism clients including: hotels, pubs, restaurants, visitor attractions, travel agents, sports centres; and leisure providers. Tourism and travel lawyers pride ourselves on ensuring that we have a detailed understanding not only of your business but the sector in which you operate so as to provide practical and clear advice. If you need any legal help regarding tourism and travel law, please complete your free legal enquiry form on the right, or click here . Tourism and travel lawyers regularly advises on issues relating to: setting up in business; sales and purchases; clubs, societies and charities; property and planning matters; health and safety and insurance claims; disputes; raising finance; licencing, gaming and events; commercial trading arrangements (including on-line trading); and taxation. If you need any legal help regarding tourism and travel law, please complete your free legal enquiry form on the right, or click here . Links to Further Resources - Tourism & Travel Law & Lawyers

### Trade Practice Lawyers

Source: https://www.legaladvice.com.au/legal/trade-practice

Competition law, misleading conduct, and ACCC matters.

On 1 January 2011 the Australian Consumer Law (ACL) commenced. The ACL covers: a new, national unfair contract terms law covering standard form contracts; a new, national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties; a new, national product safety law and enforcement system; a new, national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing; simple national rules for lay-by agreements; and new penalties, enforcement powers and consumer redress options, which currently apply nationally. If you believe you have a legal matter that involves trade practices law, please complete your free legal enquiry form on the right, or click here . The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws will continue to apply. The ACL is a cooperative reform of the Australian Government and the States and Territories, through the Ministerial Council on Consumer Affairs (MCCA). The Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 which is the new name of the Trade Practices Act 1974 (TPA). The ACL includes: Chapter 1 – Introduction: a single set of definitions and interpretive provisions about consumer law concepts. Chapter 2 – General protections: general protections, which create standards of business conduct in the market, including: a general ban on misleading and deceptive conduct in trade or commerce; a general ban on unconscionable conduct in trade or commerce and specific bans on -unconscionable conduct in consumer and some business transactions; and a provision that makes unfair contract terms in consumer contracts void. If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here . Chapter 3 – Specific protections: specific protections which address identified forms of business conduct, including provisions: banning specific unfair practices in trade or commerce; dealing with consumer transactions for goods or services; on the safety of consumer goods and product related services; on the making and enforcement of information standards; and on the liability of manufacturers for goods with safety defects. Chapter 4 – Offences: criminal offences relating to certain matters covered in Chapter 3. Chapter 5 – Enforcement and remedies: national enforcement powers and remedies relating to consumer law. As referred to above, the ACL is administered and enforced jointly by the ACCC and the State and Territory consumer protection agencies, with the involvement of ASIC on relevant matters. The consumer protection law that is currently in force is designed to protect you when you enter into a contract to buy any goods or services from a supplier. Consumer protection law is also there to help you fight any scams that some criminals use such as selling counterfeit goods online. It is important to be aware of your basic rights when buying any goods or services either from a physical shop, or via the Internet. If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here . If you feel that your rights have been compromised, consumer protection law gives you the right to complain to the company that sold you the goods or services you bought. In some instances, using a trade practices lawyer to make the complaint on your behalf can be more effective than making the complaint yourself. A consumer protection law lawyer will be able to advise you about your particular case. After you have made your initial complaint you should receive a response from the business that sold you the goods or services you purchased. If their response is not satisfactory, you can take your case to a court for a judgement. If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here . The court will look at all the elements of the case and decide on a course of action. If you intend to take your case to court, the services of a lawyer are absolutely essential. Try and contact a qualified lawyer as early in your case as you can. This will give your case the maximum chance of a successful outcome. If you would like to obtain legal representation in relation to a consumer protection law matter, complete your free legal enquiry form on the right, or click here . Links to Further Resources - Trade Practice Law & Lawyers

### Trademark Lawyers

Source: https://www.legaladvice.com.au/legal/trademark

Trademark registration, infringement, and brand protection.

Australian trade mark law is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources. If you would like legal help in relation to any aspect involving trademarks, then please complete your free legal enquiry form on the right, or click here . A trade mark is a way of identifying a unique product or service and it can be your most valuable marketing tool. Sometimes called a brand, your trade mark is your identity - the way you show your customers who you are. There is a difference between trade marks, business, company and domain names. A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these. The Trade Marks Act The Trade Marks Act defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the Trade Marks Regulations) sets out procedures for registration and other proceedings before the Registrar of Trade Marks. The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may also (for example) seek to protect its rights through legal proceedings for passing off. Registering a Trademark The procedure to register a trade mark in Australia is much the same as other countries. A completed application is filed with IP Australia (either by delivery to one of its regional offices or electronically) and checked ("examined") by an examiner of trade marks for compliance with formalities and substantive requirements (e.g. registrability, and lack of confusing similarity with a conflicting trade mark). If an application is accepted it will be published for opposition purposes for three months, during which time third parties may oppose registration on certain grounds. If there are no oppositions, or any oppositions are overcome, a certificate of registration will issue. If you would like legal help preparing and completing an application for a trademark, then please complete your free legal enquiry form on the right, or click here . Some important things to note about trademarks are as follows: A trade mark can have an infinite life representing significant business value. Initial registration of a trade mark is for 10 years. You can continue to renew it for successive periods of 10 years by paying a fee. You must actively use your mark to avoid removal on the grounds of non-use. Benefits of trade marks A trade mark can be your most valuable marketing tool. The public identifies a certain quality, reputation and image with goods and services bearing a trade mark. The more successful your business is the more valuable the trade mark becomes. If you are thinking about a new product or service and you want to establish an image for it, you should consider a distinctive trade mark under which to market it. If you would like legal help in relation to any aspect involving trademarks, then please complete your free legal enquiry form on the right, or click here . As the owner of a registered trade mark you: have the exclusive right to use your registered trade mark as a brand name for the -goods or services specified in the registration have the exclusive right to authorise other people to use your registered trade -mark for the goods or services specified in the registration have a registered trade mark, which is personal property and can be sold have a registration, which usually covers the whole of the Commonwealth of Australia may give the Australian Customs Service a notice objecting to the importation of -goods that infringe your registered trade mark can be in a stronger position to stop other people from using your trade mark as -their brand name on the same or similar goods or services of your trade mark registration. If you would like professional help regarding preparation of your trade Mark application, please complete your free legal enquiry form on the right, or click here . Opposing a trademark Reasons for opposing a trade mark application that has been advertised as accepted An opposition to registration of a trade mark may be opposed on the basis of any of the grounds of rejection set out in Division 2 of Part 4 of the Trade Marks Act 1995 (except for section 40) and also on the basis of sections 58 to 62A. The most common reasons for trademark opposition include: the trade mark is identical or very similar to another registered or pending trade mark (section 44) or an international registration that is seeking or has gained -protection in Australia (regulation 4.15A) deception or confusion is likely because of the reputation of another trade mark in Australia (section 60) the trade mark applicant is not the true owner of the trade mark (section 58). Reasons for opposing a removal application Removal applications are usually based on one of the following claims: that the owner of a trade mark has not used the trade mark that the owner of a trade mark has not used it in good faith or that the owner did not ever have any intention to use the trade mark. If a person wants the trade mark to stay registered, they can contest the claim by opposing the removal application. Generally, these oppositions are based on claims that the trade mark has been properly used within the relevant time period set by the Act. If you have a legal matter involving a trademark and would like to consider taking legal action, then please complete your free legal enquiry form on the right, or click here . Protecting your trade mark Once you have successfully registered your trade mark, it is your responsibility to protect it from infringement or removal. Trademark Infringement If someone uses your trade mark without your permission, they may be infringing your trade mark rights. Should you wish to seek legal representation in relation to an infringement of your tr…

### Transport & Traffic Lawyers

Source: https://www.legaladvice.com.au/legal/transport-traffic

Transport industry regulation, logistics, and traffic law.

Transport & Traffic law covers: Air Rail Roads Sea Space If you need legal help regarding any aspect of transport law, then please complete your free legal enquiry form on the right, or click here . Traffic is the movement of motorized vehicles, unmotorized vehicles and pedestrians on roads. Traffic laws are the laws which govern traffic and regulate vehicles, while rules of the road are both the laws and the informal rules that may have developed over time to facilitate the orderly and timely flow of traffic. Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter. We handle all driving matters including driving offences, such as drink driving, (PCA) and driving under the influence (DUI) and infringements (such as speeding offences and all other traffic offences including fines and infringement notices). Road traffic and transport law includes a number of issues including: Bike Law Car theft Careless Driving Conviction & Appeal Dangerous Driving Drink Drive Rehabilitation Courses Drink Driving Laws Driving Offences Driving Licence Laws Driving When Disqualified Driving With No Insurance Drug Driving Law Driving under the influence of drugs DUI Disqualification Habitual offenders Failing to Provide a Specimen Failing to Provide Driver Details General Road Traffic Offences Getting Your License Back Earlycc Haulage and logistics Mobile Phones and Driving Motor Accidents Motoring Penalty Codes and Points Prosecution of driving related matters Parking Tickets Rehabilitation of Offenders Right of Appeal Representation in court Road Rage Seat Belts Speed Cameras Speeding Offences Truck law If you need legal help with regard to any of the issues mentioned above, then please complete your free legal enquiry form on the right, or click here . Aviation Laws The main pieces of Aviation Legislation and main authorities include: Legislation and Regulation (Civil Aviation Safety Authority) Includes: Civil Aviation Act and Regulations, Civil Aviation Orders Airspace Act 2007 Civil Aviation Safety Regulations 1998 Civil Aviation Safety Legislation (CASA) Aviation Policy and Regulation (Department of Infrastructure, Transport, Regional Development and Local Government) Airworthiness Directives (Civil Aviation Safety Authority) Air Services Act 1995 Aviation Transport Security Act 2004 Crimes (Aviation) Act 1991 If you have a legal matter regarding aviation law, then please complete your free legal enquiry form on the right, click here . Railway Laws The main pieces of Rail Legislation include: Australian National Railways Commission Sale Act 1997 National Railway Network (Financial Assistance) Act 1979 Railway Agreement (Western Australia) Act 1961 Railway Standardization (New South Wales and Victoria) Agreement Act 1958 National Transport Commission Rail Safety If you have a legal matter regarding rail way law, then please complete your free legal enquiry form on the right, click here. Road Laws The main pieces of federal road Legislation in uniform laws include : Australian Land Transport Development Act 1999 Interstate Road Transport Act 1985 Interstate Road Transport Charge Act 1985 Motor Vehicles Standards Act 1989 Road Transport Reform (Dangerous Goods) Act 1995 Road Transport Reform (Heavy Vehicles Registration) Act 1997 Road Transport Reform (Vehicles and Traffic) Act 1993 Roads to Recovery Act 2000 Australian Design Rules -Set out design standards for vehicle safety and emissions. National Environment Protection (Diesel Vehicle Emissions) Measure Australian Road Rules Advertising for Motor Vehicles: Voluntary Code of Practice (Federal Chamber of Automotive Industries, 2002) Maritime laws Some of the main pieces pertaining to Federal Maritime law include: Admiralty Act 1988 ANL Act 1956 Formerly Australian Shipping Commission Act 1956 Australian Maritime Safety Authority Act 1990 Carriage of Goods by Sea Act 1991 Crimes at Sea Act 2000 Crimes (Ships and Fixed Platforms) Act 1992 If you have a legal matter regarding Maritime law, then please complete your free legal enquiry form on the right, click here . Space Law The main pieces of federal legislation pertaining to space law include: Space Activities Act 1998 Christmas Island Space Centre (APSC Proposal) Ordinance 2001 Australian Government Space Portal (Department of Innovation, Industry, Science and Research) If you have a legal matter regarding space law, then please complete your free legal enquiry form on the right, click here . Links to Further Resources - Transport & Traffic Law & Lawyers

### Victims Compensation Lawyers

Source: https://www.legaladvice.com.au/legal/victims-compensation

Victims of crime compensation schemes across Australian states.

If you have been the victim of an act of violence, then you may be eligible to receive monetary compensation and/or free counselling. Counselling and compensation may also be available to the witnesses of acts of violence, parents of child victims and family members of a deceased victim. Victims compensation and counselling are separate to any criminal charges against an offender, and may be available even if the offender isn't caught, isn't charged, or is charged but found not guilty. Very different victims compensation laws applying to each state and territory. To seek legal help regarding your compensation matter, please complete your free legal enquiry form on the right. To be eligible for victims compensation you must have suffered an injury as a result of the act of violence, and the injury must be on the list of compensable injuries set out in the legislation under each state and territory. For each injury on the list there is a set amount of compensation. If you have been the victim of an act of violence we strongly recommend that you obtain legal advice as soon as possible, as there are time limits that may prevent you from taking action later if you delay. By filling out our legal enquiry form, we will be able to put you in direct contact with lawyers who specialise in victim's compensation law and in getting the maximum compensation for victims of a crime or unlawful event. We handle ALL victim compensation matters! Please complete your free legal enquiry Form to request immediate legal assistance on your legal matter. If you believe you have been the victim of any type of assault, an unprovoked attack, a mugging, sexual abuse or any other criminal act, then you may be entitled to victims compensation. To find out if you have a claim, please complete your free legal enquiry form on the right, click here . Links to Further Resources - Victims Compensation Law & Lawyers

## NSW CTP summary

Full CTP site: https://ctp.legaladvice.com.au

Legal Advice helps people injured in NSW motor vehicle and road-related accidents start a CTP enquiry. Name and mobile are enough to begin; the initial enquiry is free.

Accident types: car, motorcycle, pedestrian, bicycle, passenger, hit and run (and related truck/bus situations on the CTP site).

Claim aspects that may be assessed: treatment expenses, income loss, pain and suffering, care and assistance, rehabilitation, long-term impact.

This is general information only — outcomes depend on individual circumstances.