Contesting a Will Through a Family Provision Claim

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Finding out you have been left out of a will, or left far less than you expected, can be very hard. Many people assume nothing can be done once a will is signed. In Australia, though, certain people can ask a court to change how an estate is divided. This is usually called a family provision claim.

Every state and territory has its own family provision law. Who can claim, how long you have and what the court looks at all differ. This article explains the main ideas in plain terms. It uses New South Wales and South Australia as examples.

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Enduring Power of Attorney Explained for Australians

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Most people plan for what happens to their assets after they die. Far fewer plan for a time when they are alive but cannot manage their own affairs. An accident, a stroke or dementia can take away the ability to make decisions with little warning. An enduring power of attorney is one of the main legal tools for that situation.

The rules come from state and territory law, not one national Act. That means the forms, witnessing rules and limits on attorneys differ depending on where you live. This article explains the general ideas and points out some of those differences. It uses New South Wales, Victoria and Western Australia as examples.

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Basic Indonesian Employment Law If You Hire Staff For Your Bali Villas Business

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Basic Indonesian Employment Law If You Hire Staff For Your Bali Villas Business

If you are planning or already running a Bali villas rental business, you may have sought legal advice relating to property ownership, owning a business, and possibly taxation laws to ensure you are compliant with the Indonesian laws which govern Bali. However, if you already employ or plan to employ staff for your business, then we hope you are also familiar with Indonesian employment laws.

Employment laws differ from country to country so you must know what the legalities are should you wish to hire local staff. In truth, employment laws in Bali are no more complex than they are in Australia, however, there are differences that you must be aware of. To assist in that quest, we have outlined some of the basic employment laws and regulations which apply in Bali.

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4 Common Questions Divorced Parents Ask About Taking Their Children On Holiday

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4 Common Questions Divorced Parents Ask About Taking Their Children On Holiday

Following a divorce, any parent will hope that as the dust settles they will be able to carry on with some normal parenting activities. That applies to both the parent the children usually live with and the parent who has visitation rights. What those parental activities might be is hugely diverse, ranging from playing in the park to taking them on holiday.

Taking one’s children on holiday, even if you are a divorced parent, might not seem like something that would be especially difficult, but unfortunately, there are some circumstances that pitfalls can occur. This is borne out of the fact that many divorced parents do not fully understand family law relating to taking children overseas, or even to another state within Australia.

Complications can exist relating to taking children on holiday which is why the advice of a family lawyer may often be sought. Four of the common questions they are often asked includes those we have outlined below, and as best we can we have answered them.

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Establishing Parentage In Child Support Claims

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Establishing Parentage In Child Support Claims

In circumstances where a parent wishes to claim child support from the child’s other parent, the issue of parentage may arise.

This can be a complex legal matter and as such should you either be the parent making the child support claim, or the one the claim for child support is being made against, you should seek the help and advice of a family lawyer.

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7 Essential Steps You Should Take If You And Your Partner Separate

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7 Essential Steps You Should Take If You And Your Partner Separate

Whenever a couple separates and is heading for divorce either one of them might feel like they are in an emotional whirlpool of stress, anger, and anxiety. They may not be able to think straight so practical matters like hiring divorce lawyers or sitting down to plan out finances may not yet have occurred to them.

Should you ever find yourself in this situation, it is important to know that there is plenty of support across several areas available such as legal, emotional, and finance. In fact, finding support is number one on our list of essential things to do if you separate, so let us look at that list in more detail.

Find Help And Support

As we said, the first thing you need to do is seek out those who can help and support you. This may include your family with regards to emotional support, and most certainly, you will want a divorce lawyer to advise you and help you through the legalities of the divorce.

Sort Out Living Arrangements

In most cases of separation, one of the parties moves out and thus needs to find a place to live, and if that’s you, then obviously this must be a high priority. One thing to consider, especially if the separation is amicable and you have children, is that you can still live in the same house with your ex but be considered separated for the purposes of divorce criteria, provided you sleep in separate bedrooms.

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Five Reasons You Should Consider a Financial Agreement

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Financial Agreement

It’s not uncommon for two people with significantly different amounts of wealth to get married. And likewise, it’s not uncommon for these people to separate and divorce, resulting in a separation of the couple’s assets.

Now, although this might seem like a relatively straightforward and uncomplicated situation, the truth is that it usually isn’t. Dividing your assets can be very hard, especially if you didn’t sort out a binding financial agreement with your family lawyers before you were married.

In short, financial agreements are designed to protect your property and other assets when you get married. That way, if you separate, you won’t lose your previous wealth. Below are five of our top reasons why you should always consider a financial agreement.

  1. Your Assets Will Be Protected

As unpleasant as it might be to think about separation before you even get married, the truth is that you need to. Signing a clear financial agreement well in advance will ensure your assets are fully protected if you do get separated. This reduces the risk of one partner taking a significant portion of the wealth that the other entered the relationship with.

  1. The Separation Process Will Be Easy

Separation is never easy, but having a clear financial agreement in place will help the process along. The chances of requiring a court hearing for asset separation will be much lower, and you will more than likely get your pre-marital wealth back.

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Who Is Covered By Australian Unfair Dismissal Laws?

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unfair-dismissal

Australia’s unfair dismissal laws are quite tough, and they provide a high level of protection for employees. In short, you can’t be fired or otherwise removed from employment without good reason or without your employer following the correct process as outlined in your contract.

However, these laws don’t apply to everybody. You will only be able to make an unfair dismissal claim if you meet certain criteria, which we’ve outlined in the rest of this article. But before we look at these, let’s define exactly what unfair dismissal is.

What Is Unfair Dismissal?

In short, unfair dismissal refers to any termination of employment that’s unreasonably harsh, unjust, or without a valid reason. A few examples of unfair dismissal include:

  • Losing your job because of something unrelated to your work or workplace.
  • Being fired for no apparent reason and without sufficient warning.
  • Having your contract terminated due to performance or other issues without being given a chance to address these issues.

There’s no one definition of what constitutes unfair dismissal, and every case is treated on an individual basis.

When Can I Make an Unfair Dismissal Claim?

Unfortunately, not everyone is protected from unfair dismissal – regardless of the circumstances surrounding their departure. You may be able to make a claim if you:

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What Should I Do If I’ve Been Charged With Assaulting a Police Officer?

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Assaulting a Police Officer

Assault is a serious crime throughout Australia and assaulting a police officer is arguably one of the most serious crimes you can commit. If you’ve been charged with assaulting a police officer, the first thing you should do is enlist the services of experienced criminal lawyers with a strong reputation.

Failing to do this could result in serious penalties. Even if you do use a decent lawyer you might still be convicted, but your sentence/financial penalty should be less. In the rest of this article we should look at a few of the things you should do if you’ve been charged with assault of a police officer (or some variation of the charge). We’ll also look at some of the likely penalties associated with these charges.

*Note that this article will focus specifically on the process and outcomes of being charged with assaulting a police officer in Victoria. While the law is similar throughout Australia, you need to make sure that you do you own research.

Under What Circumstances Would I Be Charged With Assaulting A Police Officer?

Well, the charge basically speaks for itself. In Victoria, you could be charged with assault of a police officer under a range of circumstances. The Crimes Act 1958 states that:

“A person who assaults or threatens to assault, resist or intentionally obstructs an emergency worker on duty, knowing or being reckless as to whether the person was an emergency worker is guilty of an indictable offence.”

In short, if you kick, punch, or otherwise obstruct or assault a police officer, you could be charged. This applies both in cases where you might be resisting arrest  and where you happen to simply do the wrong thing at the wrong time.

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7 Estate Planning Mistakes You Should Avoid

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Estate Planning

Although in the past it may have been, estate planning isn’t just for the super rich anymore. Rather, it’s a very useful tool that should be used by pretty much everyone to make sure that their affairs are in order if they unexpectedly pass away.

However, estate plans can be complicated. A lot of people have trouble creating their first estate plan, making mistakes and doing things the wrong way. With this in mind, I’ve put together a short list of the top seven estate planning mistakes to avoid. They include:

  1. Doing things yourself

Although it can be tempting to save a bit of money by putting your estate plan together by yourself, I’d seriously recommend against doing this. In reality, estate plans are complicated collections of legal documents that should be put together by a professional estate and wills lawyer.

  1. Forgetting to plan for minors

One of the most important components of estate plans deals with the future of minor children and other dependants if both parents were to pass away before they reached adulthood. Unfortunately, a lot of people forget to plan for their children. It’s important to at least name a guardian, among other things.

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