How to feel safe with a divorce solicitor in Sydney

How to feel safe with a divorce solicitor in Sydney

When it comes time to end a relationship, many people will find that they feel unsafe and scared. This can especially be the case when there was abuse involved. More often than not, people will find themselves completely dependent on the other person and they will feel completely lost when it comes time to getting out on their own. Their routines will be completely changed and many will begin to experience anxiety symptoms. When someone leaves a long-term relationship, they can struggle to remember who they were without the other person and will feel like they can’t support themselves. As this is the case, it is important that people who are ending a marriage find plenty of support to surround themselves with. This could be in the form of a Psychologist, a close friend, or a supportive family member. Another great professional to lean upon is a divorce solicitor in Sydney. While it can be a wise move to seek legal support and representation, many people who already feel deflated can find it hard to feel safe with a divorce solicitor in Sydney. As it is so important to feel comfortable with people, this article will explore how to feel safe with a professional divorce solicitor in Sydney.

Meet with a professional before hiring them

When it comes time to finding legal advice and representation, it can be a good idea to have a few encounters before hiring. These encounters could be in the form of an email, a phone call or an initial consultation. When chatting with a divorce solicitor in Sydney, people can ask as many questions as they can to decide if they feel at ease with the professional or not. They can assess if they are quick with responses and if they seem keen to be hired. Additionally, people may wish to determine if they are sensitive to what they are going through and if they believe they are able to help with in the courtroom if necessary. On top of all of this, it can be a good idea to ask if the attorney has worked on similar cases and what the outcome was of that case or cases. More often than not, people can get a good sense of how they feel around someone as soon as they meet them, so a consultation before hiring is always a good idea.

Hire someone who has experience in similar cases

When it comes time to finding a professional that a client can feel safe around, it can be a good idea to find someone who has experience in similar cases. For example, it is a wise move to hire a divorce solicitor in Sydney hen ending a marriage, but some attorneys may have further specialist fields. For example, one professional may specialise in working with abuse, whereas another has experience in working with child custody cases. Some will be experts in prenuptial agreements whereas others will be able to help with same-sex marriages. As it can be seen there are lots of different circumstances that people can find themselves in and so it can be a good idea to find someone who is understanding of that circumstance. This will not only make it more likely that a positive outcome will be achieved but it will also make it more likely that the person at hand will feel more safe in the hands of their chosen divorce solicitor in Sydney. As there are so many benefits to seeking legal advice and representation, it is important to find someone that people can trust.

criminal lawyers in Campbelltown

How to find the best criminal lawyers in Campbelltown

Facing police scrutiny for any offence can be a scary experience for anyone who has to deal with it. Regardless of your guilt, being scrutinised by the law and going through the court system can be overwhelming even for the toughest people, and there’s no shame in reaching out for help in these situations.

For many people in this predicament who live in south-west Sydney, the best thing to do is to seek legal counsel from the best criminal lawyers in Campbelltown. However, the legal industry is very competitive and it can be hard to locate the right solicitor to represent you.

Let’s take a look at some advice for finding the best criminal lawyers in Campbelltown.

Ask friends and family

The logical first place to start is with your friends and loved ones who may have faced police charges before. If you know someone who had a particularly good outcome, then you might consider asking them who their solicitor was, especially if their case was similar to your own.

While this is a good place to start, don’t always rely solely on the opinions of those close to you. You should be as objective as possible when deciding on which criminal lawyers in Campbelltown you want to use.

Don’t just go with a family lawyer because they’ve traditionally represented you; go with the best person for the case!

Search the internet

The next place to start your search is the internet; however you are going to have to filter through a large amount of results. Simply do a Google search for “criminal lawyers Campbelltown” and you’ll be met with hundreds of relevant listings, so you’ll need to qualify your leads a little bit.

Look at the websites of each solicitor/firm and start listing the best candidates. Look for special accreditations that specialise them in defending against police charges and try to find someone who has broad experience defending against your particular type of offence.

For example, if you are being charged with a traffic offence then you would do well to solicit a criminal lawyer in Campbelltown who has experience in that area of the law. While some solicitors are experienced with a broad range of police offences, it never hurts to go with a niche specialist.

While you’re on their websites, make sure to take a look at their reviews and testimonials. Also, take a look at the businesses’ Google reviews as these are where you will likely find bad reviews that might warn you not to go with this particular solicitor.

Interview them

Once you have compiled a shortlist of criminal lawyers in Campbelltown then you then need to start scheduling some interviews. These can be done either in person or over the phone, but you should use this opportunity to see if you can build a rapport with this solicitor and get a sense if they are right for you.

While you don’t need to have intense chemistry to work well with a solicitor, it’s helpful that you at least like and respect one another. Any criminal lawyers in Campbelltown that you hire should be attentive and open to listening to everything you have to say about your case.

The best criminal lawyers in Campbelltown will be unbiased advocates for their clients and are unconcerned with your guilt, only what is provable in the courtroom. They should be direct with you about what they can realistically accomplish for your case and never make promises of total acquittal unless they have the evidence to back it up.

Be cautious of solicitors who promise you everything as it is likely too good to be true. Any reputable criminal lawyer in Campbelltown would be totally honest and upfront about what they foresee for your case and won’t hesitate to give you bad news.

family lawyers

The best traits found in family lawyers

Whether dealing with criminal or civil issues, many people end up requiring the services of a solicitor at some point in their lives. One of the most frequently seen legal experts are family lawyers who primarily deal with issues relating to the breakdown of relationships.

Family lawyers are viewed particularly fondly by people that they have helped get through complex litigious issues relating to a dispute with their former partner. Certainly, these issues are difficult to navigate and require nothing but the best family lawyers in order to tackle them confidently.

If you ever find yourself dealing with a relationship breakdown then you may benefit from seeking legal representation. Let’s take a look at the best traits you can find in a good family law expert lawyer.

Alternate Dispute Resolution and mediation

The legal system in Australia outright encourages disputing parties to settle their differences outside of court in a mutually agreed settlement. This means that the best family lawyers have training and experience in ADR (alternative dispute resolution) as well as mediation so that they can work with an opposing practitioner to reach an amicable agreement.

These are usually the most favourable outcomes following a relationship breakdown as they allow adults to come to a mutual agreement rather than have it arbitrated by a judge. Most of the settlements occurred out of court end up lasting longer with less people changing their minds or feeling disenfranchised.

The best family lawyers understand the reasons for this process and actively encourage their clients to pursue a negotiated settlement even if they want nothing to do with their former partner otherwise.

Unbiased advisor

Good family lawyers will have seen several highly emotional and chaotic cases similar to yours and would have developed some skills in helping clients to cope. Issues relating to relationship breakdowns are obviously quite upsetting to the client and this can cloud their judgement or make them overly vindictive towards their former partner.

It’s up to your solicitor to act as a trusted advisor during these troubling times and to make sure you feel confident with each decision you make. Despite this, they won’t lie to you or tell you what you want to hear, they will give you honest advice based on what’s realistically accomplishable.

This is where family lawyers often end up as pseudo-counsellors for their clients, empathising with them and helping them to see a clear path forward. Many people will come to solicitor feeling totally hopeless and leave the consultation feeling like they have a way to move past this.

Highly experienced

The best family lawyers will have at least a decade of experience under their belt if not several more. Cases in this field tend to be similar to one another giving solicitors plenty of precedent to work with and plenty of research to do in-between litigation.

However, this means that the work style of family lawyers can vary greatly and each approach has its own merits. Part of looking for a representative should involve comparing these work styles and seeing which works best for you.

For example, some family lawyers may give a lot of their research work to legal aids while they work on other parts of the case. Others might do everything themselves and have less opportunity to do research. There’s a trade-off to everything.

Ultimately, there is a wide range of reputable practitioners who each share these standout traits that will make them a valuable ally in your legal journey. Each practitioner has been drawn to this area of practise because they have the inherent talents and interest that helps them and their clients succeed.

What Constitutes Criminal Law?

The law is a vast field that covers a variety of topics. From property law to family law, there is a number of disciplines in which a solicitor can practice and study their expertise.

 

Criminal law happens to be a niche all unto itself. Any incident that threatens the safety of an individual or harms the welfare of a person can be classified under this statute.

 

There are many elements that are involved in this category. Here we will outline the objectives, types and cases for the defence for criminal law.

Objectives

 

From misdemeanour crimes that are dealt with by a small fine all the way up to capital punishment, there is a wide spectrum of offences that fall under criminal law. The objective will also vary and be a result of the nature of the incident and the past record of the defendant.

 

Five central objectives are noted: retribution, deterrence, incapacitation, rehabilitation and restoration. At one end of the scale is retribution whereby the objective is to punish the defendant for the crime they have be found guilty of committing.

 

This slides down to cases of rehabilitation whereby the offender is given the opportunity to reform and reintegrate themselves back into society to contribute towards the community in a positive way.

Types

 

Criminal law is a varied practice but can be broken down into two central categories: a misdemeanour or a felony. A misdemeanour is a scenario that is the lowest possible grade in events of criminal law. It will occur for incidents such as a petty theft, traffic violations or a minor assault. This will usually see a maximum sentence reach 12 months in prison.

 

A felony is in serious events where a major crime has been committed. From rape to robbery, manslaughter, murder or drug dealing, this will see the defendant facing years, a life sentence or even a capital punishment depending on local jurisdiction.

 

Strict liability offences and inchoate offences are minor cases that also fall under the category of criminal law.

Cases For The Defence

 

The most common forms of defence will be in cases duress or self-defence. Lawyers can plead any number of reasons for why their client acted in the manner they did, and this could include any of the following:

 

  • Necessity
  • Mistake of law or mistake of fact
  • Intoxication
  • Insanity
  • Defence of others or defence of property

 

The mens rea is a statute that will take into account the mental state of the defendant whilst the actus reus speaks to the type of criminal offence that has been committed.

Can a couple separate and divorce while living together?

When we think of a married or de facto couple separating, we usually picture one of them being thrown out in anger by the other. Whether it is because of a long argument about finances or the infidelity of one party, we normally don’t expect these people to remain living together.

Real world separations can be much more complicated than we think and it’s not always convenient for ex partners to move into different residences. The term ‘separation’ can be misunderstood in the legal context whereby separating does not necessarily imply a physical separation.

For those wishing to spend the 12 month separation period (required before divorce can be granted) under the same roof, they will have to provide some added evidence that the relationship has broken down.

In order to prove that the relationship has suffered a irrecoverable breakdown the parties must convince the court that they have no chance of reconciliation. When this is done while parties remain living together it is known as “separation under one roof”.

The party or parties that wish to prove separation under one roof may need to provide evidence that they are no longer functioning as a married couple. This type of evidence includes:

  • Moving into separate bedrooms and declaring a change in sleeping arrangements
  • Telling friends and family that the separation has occurred
  • Disclaiming the separation in a signed and dated document
  • Having changed the last will and testament
  • Telling outside interests about the separation such as insurance companies or banks

There is no legal requirement, even after divorce is granted, that the parties physically separate. They can live in the same residence for as long as they wish without and legal need for them to become physically separate.

If one party has been granted the residence as an asset and wants the other party to leave they can apply for a sole occupancy order. This is usually only granted if it can be proven that the other party has a history of violence or there is a fear of violence from the other party and any children.

If a party leaves the residence and changed their mind later, they might have legal difficulty in trying to return. The act of removing personal possessions and leaving the residence may grant the other party sole ownership.

Couples can separate and then divorce even though they remain living together because the act of divorce only requires that the marriage has broken down.  However, former spouses that choose to separate may have to provide added proof that their relationship has indeed ended.

What Constitutes Constitutional Law?

Constitutional law is a matter that concerns the hierarchy and structure of a nation’s roles and powers. The judicial body in this instance is focused primarily on the connection between the central state of government and those below within the territories, states or provinces.

 

British legal theorist A.V. Dicey was credited with forming the first of element that would one day form constitutional law, this being the rule of law. It would include the priority of the regular law usurping any arbitrary power, equality before the law in all cases, and the constitution acting as a result of the ordinary law of the land.

 

The second element that would spawn from this creation would be the separation of powers, an implementation to ensure that there would be oversight and accountability. The three branches of government that we are accustomed with today are a result of this separation, involving the legislature, the executive and finally the judiciary.

Official Constitutional Law Definition

 

“The body of law that evolves from a constitution, setting out the fundamental principles according to which a state is governed and defining the relationship between various branches of government within the state.”

Role of the Attorney-General

 

In Australia, the department of the Attorney-General has the overall responsibility to uphold and maintain the constitutional law. When there are potential amendments to the Australian Constitution that are up for debate, whether through a policy development or as a point of order, the Attorney-General will advise the government on their recommendation. Any alteration to the constitution will have an impact on the Commonwealth and this is considered when an amendment is on the table.

Strong Human Rights Component

 

Written charters such as the Canadian Charter of Rights and Freedoms are a fundamental part of what forms a nation’s constitution. Whilst this is not a uniform case around the globe with some notable exceptions, these documents help to define a set of rules of guidelines that upholds a basic set of social and economic principles that the people can live by.

 

The UN Charter’s infamous Universal Declaration of Human Rights is an example of a globally ratified constitutional right that is active and evident for all citizens of the world, no matter their country of origin or residence. Other segments in the legal profession tend to focus on mico details of legislation where one party holds a grievance over another. Constitutional law speak to an emphasis on a macro level whereby the judicial body is intended to uphold and protect a citizen’s basic right as a human being.

What Constitutes Public Law?

Public law happens to be one of those practices that is comprised of many parts within it. From tax law to constitutional law, administrative matters and criminal law, instances of public law will arise when a legal case is presented between a citizen and a government body that is in the public interest.

 

What actually operates as a public or private matter is entirely under the jurisdiction of the government in question, yet they must act according to the rule of law under all conditions and all circumstances. Whilst there can be ambiguity in certain cases, all citizens have the right to a fair and open trail once a legal situation becomes open to public discourse.

 

So what is involved in public law exactly? Here we will outline the central features that you should know when these instances arise in the media.

Public Law: Dictionary Definition

 

“Body of law governing relations between a state and its citizens, and dealing with the structure and operation of the government. It covers administrative law, constitutional law and criminal law.”

What Constitutes Public vs. Private Legalities?

 

To break these scenarios down to their essence, it is worthwhile thinking about them in terms of their effect and how wide reaching they should be. For instance, a restaurant that is violating various occupational health and safety practices to serve uncooked food could find themselves in violation of public law. On the other hand, a hired caterer for a dinner date that breaches the same offence would likely be in violation of a private law.

 

Should the incident have any relation to an administrative, constitutional, international, municipal or criminal case, then that will fall into public law. When contracts, property or family law is involved, that will fall into private law.

Politics and The Grey Area

 

The obvious question that derives from matters of public law is simple: who ultimately determines this definition and can it be influenced by external forces and political agendas? Clearly there can be cases whereby agendas can be served when examples of public law become media items and this is a philosophical battle that scholars have debated for decades.

 

Lawyers who specialise in this field will be at pains to argue that any case that fits this category does so because it will advocate for the betterment of the community at large. Nevertheless, cases can also be altered and have their ‘public’ title changed to a ‘private’ one should a law be regulated.

What Constitutes Labour Law?

Labour law a.k.a. employment law is a vast field that covers a series of categories and sub topics. Essentially what this practice boils down to is the connection between employee and employer, ensuring that basic rights and principles are upheld at all times.

 

Despite working conditions improving gradually across the globe, there are still continuous instances of worker deaths, child labour exploitation and cheap labour being prevalent and this is where litigation becomes a factor.

 

So what exactly constitutes labour law? How far does it reach and what steps are taken by individuals, groups and businesses in these instances? Let us explore this field in more depth.

General Objectives of Labour Laws

 

Whether through malicious intent or an unconscious bias that is taking place, labour laws are in place to help combat discrimination practice in the workplace. That can venture to the hiring process all the way to the a structure of a company and their day-to-day operation. Upholding basic occupational work and safety is a core objective for labour law firms as well as ensuring that enterprises are able to function as per usual whilst a dispute is taking place between management and the employees/union. Case studies in this category illustrate that workers are most vulnerably economically when labour laws are breached and this is where standards and practices are used either at a local, state or federal level to maintain proper governance.

 

Role of the Union

 

As a general rule, workers and individuals are more powerful when they have a combined and committed cause as a group. This is where a union steps into the breach to fight for correct working conditions. Common occurrences that unions will become active is to fight for increased pay, enhanced worker safety conditions or improving the hours that are being demanded by the company in question. Should a deal be struck between the two parties, then the collective bargaining agreement will have been a successful endeavour.

 

Unions however do not operate without oversight and employees that sign onto these groups are limited by the legal constraints that are formed between the union and the business. Union power also happens to be hamstrung by the limitations enforced per state rather than being on a purely national level.

Instances of Labour Law

 

Labour/Employment law can come across in a variety of guises, but the most common will be found in the following:

 

  • Wrongful dismissal/termination
  • Immigration
  • Labour relations
  • Employment discrimination
  • Social security
  • Minimum wage
  • Employment benefits and contracts
  • Medical leave
  • Family leave
  • Maternity leave
  • OHS – Occupational Health & Safety

What Constitutes International Law?

Amid all the different disciplines that are evident under the banner of ‘law,’ international law is a curious and unique case study to examine.

 

Under a democratic system of governance, there is no official body that is enabled or empowered to hold significant sway over any nation or state. This creates complications that are only evident in matters of international law where pressures are exerted politically.

 

Given the need to have nations abide voluntarily to these matters, international law becomes a balancing act in order to garner consent from one body to the next.

3 Key Brackets

 

International law in its current state can be broken down into three key categories. This will include:

 

  • Supranational law – voluntary laws that a sovereign state will abide by in a collective nature
  • Public international law – the relationships that define the connection between various sovereign states and bodies
  • Private international law – debates over jurisdiction when international conflict occurs

 

General matters of international law will see the following be examined:

 

  • Offshore constitutional settlements
  • International environmental law
  • Banking/Taxation
  • Border protection
  • Resolution of international disputes
  • Law of sea, air and space

 

There are further specialties that venture into this discipline, including international trade law, human rights law and international security law where counter terrorism, military and matters of disarmament are involved.

Devoid of a Central Body

 

Unlike criminal law and property law which has a strict and set structure whereby laws are defined by a central body, international law has no such hierarchy. The International Court of Justice is the arm that was spawned by the United Nations, however this organisation holds no genuine power that it can enforce over a sovereign state.

 

What the International Court of Justice does operate through is by handing down accords, protocols, treaties and agreements between various states in the hope and expectation that they will be executed in good faith. Despite the lack of legal teeth this body carries, it has been at the forefront of leading change in matters particularly for matters of human rights around the world.

The UN Charter

 

International law in its current guise essentially exists as an extension of the Un Charter – a body that was formed as a tangible treaty for the sake of international security and peace. Those nations who sign up as a UN Member State around bound by these laws.

 

The core objective of this charter is to “establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.”

Types of will disputes in Australia

How do you dispute a will in Australia

After the heartache due to the loss of a loved one, disputes may arise in relation to how their Estate should be shared amongst the beneficiaries. To dispute a will in Australia you will need to contact a will dispute lawyer to begin the process.

It is common under these types of circumstances to seek help from a team of experienced, qualified and empathetic team of will dispute lawyers in order to achieve the best results.

The different types of will disputes

There are many different types of will disputes so make sure that when you are carrying out any proceedings that it is under the right field.

Provision claim

One of the most common forms of will disputes is the provision claim. It refers to people such as children, spouses, partners and financial dependents having the right to challenge a will if they believe they have been left out of the will or have been left an insufficient portion of the estate.

The provision is obtained by either negotiating with the estate’s representatives or by order of the court. Regardless it is important to consult a will dispute lawyer in dealing with this type of matter to get the proceedings correct.

Interpretation dispute

This type of dispute arises when;

  • The will maker’s wishes are not clearly stated
  • The will maker has assets that aren’t addressed in the will
  • The will maker fails to adequately address held assets in their will

The interpretation of the will is the difference between you getting what you are intended to receive and getting nothing at all.

It’s important to address interpretation issues as early as possible where you would contact an executor about your interpretation of the will and ask if they agree.

If there is a disagreement you will have to file for a court application where you will need to seek a will dispute lawyer to represent you and present the facts to the best of their abilities in the eye of the law.

Capacity dispute

You are able to challenge a will if you believe that the will maker didn’t have the mental capacity at the time of creation. For a will to be valid you must be over the age of 18 years old and have the appropriate mental capacity of how a will is made and what it involves.

Head injuries and other forms of conditions that impair cognitive function are all grounds to challenge a will. You have to show evidence that the person lacked the capacity at the time of creation. If you someone is challenging a will that you don’t believe needs to be you must seek a will dispute lawyer immediately to get the facts straight.

Under the influence dispute

When someone is put under pressure to alter their will so that their true intention isn’t reflected you can dispute it. Examples would include a partner or spouse persuading the will maker to exclude the children or one sibling persuading the will maker to exclude the other siblings.

If you can prove that the will maker was influenced it can be set aside and disregarded. This type of dispute can be difficult to prove so make sure to collect all necessary pieces of evidence before they’re lost or destroyed.

Executor dispute

This type of dispute relates to when the executor of an estate acts inappropriately in respect to the administration of the estate.

If you are the beneficiary of a will or estate and you believe that the executor has acted inappropriately, you have the right to have them removed and seek compensation for any loss that you have suffered from their conduct.

Regardless of what type of dispute you may have it is important to seek a trustworthy and reliable will dispute lawyer. This way you can be sure that you will have the best chance of receiving what you are entitled to.