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melbourne lawyers tagged articles (0-20 of 33) ( 0.000 seconds )
- Criminal Law - Drink Driving Offences (vic.) By: Michael Pickering - LAC Lawyers
Part 5 of the Road Safety Act (Vic.) contains six types of drink-driving offences as follows:
1 Driving or being in charge of a motor vehicle under the influence of alcohol (DUI);
2 Driving or being in charge of a motor vehicle while the blood alcohol content (BAC) exceeds or is equal to the prescribed limit of 0.05;
3 "Fail the test" offences;
4 Refusing a breath test or failing to undergo a blood sample in hospital after a motor vehicle accident;
5 Failure to...
Tags: melbourne lawyers, criminal lawyers
- When Can Someone Who Has Posted Bail For An Accused Person Recover The Amount Of The Surety? (victoria) By: Michael Pickering - LAC Lawyers
Bail is the release from the custody of police or prison officers of someone who is charged with an offence. The release is subject to an undertaking that the accused person will appear at court to answer the charge in the future.
Bail is like a contract. The person who does not appear when on bail can be charged with a criminal offence.
Bail takes many forms.
Most people are bailed "on their own undertaking". This does not involve any money or property to be s...
Tags: melbourne lawyers, criminal lawyers
- Business & Commercial - Type Of Practice Structure By: Michael Pickering - LAC Lawyers
Sole Practitioner
This is an easy structure to establish. It is also cheap. An individual will need to register a business name under the Business Names Act and to register for an Australian Business Number and for the GST with the Australian Taxation Office. There are, however, disadvantages. If the surveyor/inspector dies, the business may also come to an end. There is no separate business structure that will survive. Liability is also personal and unlimited. Cred...
Tags: sydney lawyer, criminal lawyers
- Tax Evasion - Promoters, Participants And Professionals By: Frank Egan - LAC Lawyers
Currently the taxation landscape in Australia is in a state of great flux. Although legislation is constantly being updated a comprehensive review of this whole area has not been carried out. The whole area is unnecessarily complex and both the Australian Taxation Office and the courts have been left to do the best they can to provide meaningful interpretations of the law in this area. As sometimes happens there is a divergence between the two views and the ATO has come i...
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- Litigation - The Importance Of Adequate Insurance By: Michael Pickering - LAC Lawyers
Professionals are always at risk of being sued for loss or damage caused allegedly by mistake, omission, negligence or other error. The range of claimants is virtually endless. Today's client may well be tomorrow's plaintiff/applicant.
This article sets out the ways in which professionals can manage the risk of litigation by third parties, former clients, disgruntled staff or even Commonwealth and State Government instrumentalities.
The article explains the ranges of ...
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- Building And Town Planning Permits By: Michael Pickering - LAC Lawyers
LAC Lawyers Pty Ltd is engaged in a substantial domestic building dispute in the Victorian Civil and Administrative Tribunal ("VCAT") in Melbourne which involves a claim in excess of $1,800,000.00.
Essentially, the case raises the inter-relationship between the issue of a building permit and the antecedent issue of a town planning permit in respect of Section 24 of the Building Act 1993 (Vic.).
That Section requires that a building surveyor must not issue a building per...
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- Problems With Divorce By: Frank Egan - LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party. An Application may only be filed in the court after you have been separated for more than 12 months. For example, if you separate on 1 August then the documents cannot b...
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- Employment Law - The Enforceability Of Post Employment Restraints Of Trade (vic.) By: Michael Pickering - LAC Lawyers
Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.
To acquire competitive business advantage in an increasingly globalized and networked world of pharmaceuticals, genetics, telecommunications, power supply and information technology requires the employment of highly qualified, well educated, experienced and clever employees.
Potential employers and employees are both well advis...
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- Understanding The Law... Building & Construction Law By: Nominate A Lawyer
The following Q&A's have been provided to help you better understand Building & Construction Law.
Q. My next door neighbour has backfilled behind a decorative wall on one side of my property which is within my boundary and despite repeated attempts to stop this my neighbour continues to disregard my wishes. Is there anything I can do?
A. You need to retain a solicitor to write to your neighbour to serve them with notice that this practice is to stop and that they are to...
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- Understanding The Law... Defacto, Divorce And Family Law By: Nominate A Lawyer
The following Q&A's have been provided to help you better understand Family Law.
Q. I recently divorced my husband who has left me with the four children and he has suggested that as we have no assets he will give me half of his superannuation. What should I do as I am unemployed and on a single mother’s supporting pension and he does not pay child support?
A. Unfortunately you are being very badly treated as your entitlements would include spousal maintenance, child su...
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- Understanding The Law... Conveyancing And Property Law By: Nominate A Lawyer
The following Q&A's have been provided to help you better understand Conveyancing & Property Law.
Q. I can’t understand why conveyancing costs vary so much and what would be a fair fee to pay either on a sale or purchase of a property in NSW?
A. There is great variation in conveyancing costs as much of work is being carried out by unsupervised and unqualified staff. This practice has become widespread and no one can make any money out of conveyancing where the costs fal...
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- Understanding The Law.... Insurance Law By: Nominate A Lawyer
The following Q&A's have been provided to help you better understand Insurance Law.
Q. Our home recently burnt down accidentally and now the insurance company is refusing to pay the claim due to the presence of white ants although we had another claim some years ago which was assessed and adjusted by their representative and the claim paid with the white ant damage being noted at that time with ongoing renewals continuing to be offered without condition. Can they do that?
...
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- Fairness Test for workplace agreements By: David Natenzon
On 7 May 2007 the Federal Government introduced the Fairness Test for workplace agreements. The stated aim of the test is to guarantee that protected award conditions, such as penalty rates and annual leave, are not traded off without adequate compensation.
Employers and employees who are currently making an agreement need to be aware of the Fairness Test, if they are considering removing or modifying any or all protected award conditions.
Tags: melbourne lawyers, law, victoria, melbourne, solicitors, solicitor, law firm, legal firm,
- Capital Gains Tax - Improved Concessions for Small Business By: David Natenzon
Tax Laws Amendment (2006 Measures No 7) Bill 2006 passed through Parliament on 29 March 2007. It now awaits Royal Assent.
Tags: melbourne lawyers, law, victoria, melbourne, solicitors, solicitor, law firm, legal firm,
- Independent Contractors Act 2006 comes into force By: David Natenzon
The new independent contractor laws came into effect on 1 March 2007 via the Independent Contractors Act 2006. In combination with the current WorkChoices legislation, the new contractors legislation is a further step towards establishing a single national workplace relations system and has significant implications for the use of independent contractor arrangements.
Tags: melbourne lawyers, law, victoria, melbourne, solicitors, solicitor, law firm, legal firm,
- Office of Workplace Services targeted audits of food outlets By: David Natenzon
The body charged with ensuring employer compliance with the new mandatory WorkChoices industrial relations regime, the Commonwealth Office of Workplace Services (OWS), has recently launched a national “targeted education and compliance program” focused on restaurants, cafés and food outlets. These businesses are currently being subjected to random audits by the OWS which assess their compliance with the newly amended Workplace Relations Act.
Tags: melbourne lawyers, law, victoria, melbourne, solicitors, solicitor, law firm, legal firm,
- Rodrigues Island: Cry Freedom By: loulou
Rodrigues Island: Case for Self-Determination
Three hundred years ago, men and women in flesh and bone, were kidnapped from their villages in Guinea; trapped and captured like animals in Senegal; ripped from their families in Mozambique; herded aboard slave ships in Madagascar, and shipped across the Indian Ocean to this part of the World. Those who survived ended their days labouring like beasts of burden for foreign masters. They would never see Africa again. To the rest of the world, these unfortunate individuals lend a human face to the dark-end of a fading history; to us Rodriguans, they were much more – they were our great great … grand fathers and mothers.
Tags: Rodrigues island, Alain Leveque, Self-determination, Cry Freedom
- Validity of a will executed in a foreign place By: David_Natenzon
GENERAL RULE AS TO VALIDITY OF A WILL EXECUTED IN A FOREIGN PLACE
Tags: melbourne lawyers, law, victoria, melbourne, solicitors, solicitor, law firm, legal firm,
- Great Things About the City of Brisbane By: John Hacking1
I was born and raised in Brisbane and have lived here for most of my life. Although Brisbane does not have a harbour like Sydney, or shopping like Melbourne, or a road system like Perth, or psycho-killers like Adelaide, there are many things about Brisbane that I love.
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