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Why A Conviction For Drug Use Does Not Have To Haunt You Forever

Even if you have successfully completed a drug rehab program and are now completely clean, there may be aspects of your past, when you were a drug user, that may still feel as though they haunt you. One such scenario is if you were found guilty of a crime related to your drug use, and as a result, now have a criminal record. A criminal record can seem like a large chain holding you back from employment, going back into education or obtaining credit.

It is true that there are many enlightened employers, education establishments and credit organisations which look past someone’s criminal past and try to look at the attributes the person now has, rather than judge them for past indiscretions. It is to their credit than many of these organisations actually see someone going through a drug rehab program as a positive and proof that they can show commitment to achieving a goal.

It has to  be said that achieving the goal of giving up drugs, as you may well know, is one which requires a lot more grit and determination than many goals we could mention. Ultimately, it proves that you can focus on something that is difficult to achieve and stay the course until you succeed. To many employers and others deciding upon your value as a person that shows admirable courage and puts your drug rehab in the plus column, rather than the minus column.

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When Can You Make a Botched Cosmetic Surgery Claim?

Even though tens of thousands of cosmetic surgeries go off without a hitch every day, some people find themselves with serious Botox legal issues and other cosmetic surgery problems that require legal help.

If you have found yourself in this very situation, it’s essential to know when you can make a botched cosmetic surgery claim, and what comes next. Read on to find out more.

The Medical Professional Breached Their Duty of Care

You may have read up on all the risk factors of cosmetic surgery and even made sure you gave yourself some time to think about the procedure before you went ahead with it. All this planning may be all for nothing if the medical professional you trusted to undertake the procedure breached their duty of care.

You may have a legal leg to stand on if they displayed poor skills, didn’t follow the rules, or were under the influence of drugs or alcohol, resulting in a less than desirable result.

You Experienced Unreasonable Damage

No cosmetic procedure is without its risks. Even Botox treatment, which is reasonably straightforward, doesn’t always come without a few side effects that lead to Botox legal issues. However, you may be able to make a botched cosmetic surgery claim if your procedure resulted in unreasonable damage.

This might be something like excessive scarring above and beyond what is expected, poor cosmetic results, and even nerve damage.

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The Problems In Small Business That are Likely To Result In Litigation

When you own a small business, such as a digital marketing agency the last thing you need is for someone to file a litigation case against you. Litigation lawyers will be needed to help you fight the case, but even the best lawyers sometimes fail to get you off. Much depends on the circumstances of the case and whether or not there is substantial proof against you.

There are many problems that can cause litigation: –

  • Poor standards of safety in the workplace. As we know, poor safety standards cause accidents. If employees are hurt on your premises, they can easily sue you. If a customer trips and falls, they can sue you.
  • Poor working conditions. This is slightly different from poor safety, as it could be something like overcrowding, lack of amenities, poor lighting and so on.

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What Being Sued For ‘Loss of Chance’ Meant For A Dental Practice

Many dentists go through their entire career without ever having faced any legal action from a patient, however, that does not mean to say that the thought that it might happen never crossed their mind. For those dentists currently working in their dental practice, undoubtedly 99.99% of them are skilled and dedicated professions, and despite this, the threat of being sued remains for them.

That is not to say that every dentist should be working under a cloud, but rather that they are aware that the possibility of legal action such as malpractice exists, and as such should ensure that they do all that can to ensure it never happens.

One principle in the law relating to malpractice has meant that was an additional reason why a patient might sue, and that legal concept is called ‘loss of chance’.

Today, if a patient were to bring a malpractice claim against a dentist, in order to win their case they, and their legal representatives, would primarily have to prove that two things existed. The first is negligence, and this would be that their dentist failed to show a duty of care to their patient.

The second that has to be proven is causation, and by that, it means it has to be proved that any harm, or injury, suffered by the patient, was caused by the dentist’s negligence. It is important to note that if either negligence or causation are not proved, then the malpractice case is likely to fall.

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What Sort Of Website Should Your Law Firm Have Designed?

Whilst there may be a perception in some quarters that the world of lawyers, courts, and the legal system is somewhat old fashioned, the truth is that the legal profession operates as much in the modern world of technology and the internet as any other. This can be seen in many ways, but the most obvious is the modern website designs some law firms have that have been done by experienced website design companies like Web Design Perth that are up-to-date with all aspects that law firms require.

Now, if you are reading that and thinking to yourself that your law firm’s website is far from being modern, and worse, it is ineffective in generating prospects and clients, then it is highly likely that the time has come for your law firm to have a new website designed. This leads us to the question of what sort of website design is suitable for a law firm, so let us answer that by highlighting a few essential design elements.

Your Website Should Have A Purpose

One of the biggest mistakes you can make when designing a website is for it to have no definitive purpose. If it serves only to ‘be there’ and nothing else, anyone visiting will have little idea what the website is about, and once that happens they will leave pretty quickly.

Your Website Should Stand Out From The Legal Crowd

Before we go any further by ‘standing out‘ we are not talking about your law firm having a website with loads of flashing colours and garish images. Instead, you want it to stand out from the crowd, with the crowd being the other law firms in your local area. You will notice that many of them will follow the same tired, old format and layout and thus have nothing to distinguish them from any other law firm.

Ensure that your website designer is aware that you want your law firm’s website to be, like Family Lawyers’, remarkable without being outlandish. Get them to include the branding of your law firm, have clear and distinctive images, and an overall look that distinguishes it from other legal websites.

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Does The Mother Always Get Custody Of The Children?

In any consideration or depiction of divorce, be it in real life, or in the movies, the normal scenario is that the mother always gets custody of the children, however, as Robinson Lawyers will tell you, that is not necessarily true in every case.

This is particularly true in Australia from a legal perspective, because following an amendment to the Family Law Act in 2006, there is no such thing as mother’s rights, nor for that matter, do father’s rights exist.

There is one very simple, and laudable, reason for this to be so, and that is that in Australian law, the highest priority is making sure that the rights of the children are promoted and protected, rather than the rights of the mother and father of those children.

For the above reason, when it comes to divorce and consideration of what is the best interests of the children of that marriage, the default position is that the parents have shared responsibility for their children. The legal terminology is ‘Equal Shared Parental Responsibility‘.

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Why Should I Negotiate My Contract?

A lot of people don’t realise just how important it is to negotiate a contract before you sign it. In fact, it’s incredible how many people just accept the contract they’re given without any negotiations at all. And really, this isn’t the right thing to do.

If you’re not sure how to go about negotiating a new employment contract, I’d highly recommend getting in touch with your local employment lawyer to ensure you’re doing the right thing. There are numerous benefits associated with contract negotiation, and it’s always something to consider. Here’s why:

Contract Negotiation Will Ensure You’re Getting a Good Deal

Unfortunately, a lot of people enter contract negotiations with the sole aim of gaining a higher pay rate. However, there’s so much more to think about than simple money. Make sure you take the following into account to ensure you’re getting a good deal:

  • Sick and holiday leave, as well as the conditions attached to each.
  • Contract termination conditions to ensure you’re protected in the case of unfair dismissal.
  • Overtime and penalty rates.
  • Bonuses for exceptional performance or exceeding performance targets.

There are other things to consider, but these will vary according to the industry you’re working in. For example, if you work in construction, you might negotiate a clause that requires your employer to pay for certain tools or PPE.

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What To Do When Facing the Threat of Litigation In Business

It doesn’t matter what type of business you have. Whether you are a SEO Agency or a building contractor they are all the same in the sense that no business wants to go through litigation. If you have a small business, the expense and other costs of litigation are like to put you right out of business, or at least take many years to recover from. That is why it’s important to consult with litigation lawyers immediately in order to find a resolution before it is too late.

The reason for the litigation may not even have been the fault of your business, but going through the courts to prove it is not only costly, but time consuming and is still likely to cause a loss of reputation, even if you eventually win the case. The actual details get lost over time and all anyone remembers is the court case, the gossip and the problem that you were accused of. They may not even remember – or believe – that you were innocent.

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Are A Child’s Opinions Considered With Child Custody Arrangements?

Child custody decisions in Australia are complex matters which are often decided by the courts. Achieving a positive outcome for both parties can be difficult, which means that you should always engage the services of an experienced family lawyer to make sure that you’re doing things right.

In saying that, there are some things that are out of your control when child custody cases are being heard. For example, if a child really doesn’t want to live with one of their parents, the court will take this into account – sometimes.

It can be hard to know just how much weight the judge will give to a child’s opinions when resolving a child custody dispute, and ultimately it will vary from situation to situation.

When will a child’s opinion be considered?

As I noted above, the weight that a judge gives to a child’s opinion will depend on the situation. In some cases, they will listen carefully to what a child or children have to say. For example, when:

  • A child is mature enough to form their own opinion without significant outside influence.
  • When there’s evidence that one of the parents hasn’t treated the child right.
  • If one of the parents has been absent for a significant part of the child’s life, and they want to continue living with the other one.

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Dangers of Skyrocketing Divorce Rates Among the Elderly

Apparently, the more senior segments of our population are taking a hard look at marriage and engaging family lawyers.  Divorce rates among the 50-and-older crowd have doubled in recent years and the reason might be different than you expect.

In general, people are living longer, by some estimates as much as 30 years longer than in previous generations.  That’s a lot of time together if you’re not happy in your marriage.  The result is what some have called “late in life divorce” or “gray divorce” and it is an unexpected outcome of longevity.

With better access to health care and healthier lives people may be feeling that they are entitled to living more fully, that it’s “their time now”. After all, many have spent years raising children, sacrificing to save for retirement, and they feel they’ve earned the right to be happy in their twilight years.  For other, merely the prospect of living in an unhappy marriage for decades longer is simply intolerable.

Still, this type of divorce doesn’t come without dangers.  Older individuals are usually less financially secure and also suffer from age related problems and illnesses which make living on their own less safe.

Also, divorcing at the brink of retirement can devastate a couple’s finances.  Usually, financial planning for retirement has contemplated a single household.  And earning potential, especially for woman in the later years, is bleak.  Couple these concerns with a bumpy stock market, fluctuating home prices, possible reductions in Social Security, and you have a recipe for a rocky retirement.  Even with the upbeat reports on the job market, re-entering the work force for a retiree can be psychologically draining and economically unsatisfying.

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3 Simple Ways To Keep Your Finances In Order This Financial Year

Financial planning can be difficult, and millions of people throughout the world fall into financial trouble every single day. While some people are able to dig themselves out with the help of decent accountants, for a lot of people, their financial trouble marks that start of the end of their business.

With this in mind, Accountants Perth advise to take action to make sure that your business’s finances remain in order this financial year. If you don’t, then you and your business could both suffer significant losses, and you may find yourself having to sell or close your business and look for work elsewhere. Out top 3 ways to keep your finances in order this financial year include:

  1. Keep Clear Records From Day One

When it comes to keeping your finances in order, clear record keeping is an absolute must. It doesn’t matter how big or small your business is or how much paperwork you have – you should file everything clearly, and record all financial transactions using decent accounting software.

If you run a larger business which employs other people, you will need to pay wages. Make sure that you keep clear records of how much you have paid your employees, how much tax you have deducted from their wage and how much super you have paid into their funds. If you don’t do this, you will find yourself in all sorts of trouble when it comes time to report things like the amount of tax withheld.

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Why Does Your Business Need A Clear Evacuation Plan?

When it comes to running their business, small business owners usually have a lot on their plate. Along with juggling the day to day running of their business, managing their finances and keeping their clients happy, small business owners are also responsible for things like workplace safety and fire protection.

Unfortunately, things like fire protection can sometimes get pushed to the backburner. This can allow things to happen which otherwise wouldn’t. For example, your fire safety gear may become poorly maintained, or your staff members may not be aware of your evacuation plan. However, it is extremely important to have a clear evacuation plan which is understood by every member of your staff.

What Is An Emergency Evacuation Plan?

In simple terms, an emergency evacuation plan is a clear, well rehearsed plan of what you and your employees will do in the case of an emergency. It usually details the best escape routes, meeting places to head to and anything else of importance that could help you escape a dangerous situation safely. Emergency evacuation plans should be practiced regularly, and new staff should be briefed on them. They should be visibly present in every room in your building, within reason.

Why Do I Need A Clear Evacuation Plan?

Basically, a clear, well defined emergency evacuation plan will allow you and your employees to safely escape from your building in the case of an emergency like a fire. Some of the reasons you should always have an emergency evacuation plan include:

  • You are required by law under most Australian OHS legislation.
  • It will reduce confusion in the event of an emergency, reducing the risk of the emergency escalating and spiraling out of control – and avoid any legal issues following avoidable accidents.
  • It will allow you to get a situation under control by, for example, containing or extinguishing a fire before it becomes large enough to pose a serious threat.

When developing an evacuation plan, make sure that you consider the above.

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Lawyers can Help you Understand and Assert Your Legal Rights

Unsure about your Rights in a Business Dispute? Seasoned Australian Lawyers can help you understand and Assert your Legal Rights

Staring and operating a joint business venture is often a cumbersome and complex process. Normal folks may find it challenging to navigate legal jargon and understand their position as shareholders or business partners. Experienced commercial lawyers can help you obtain clarity regarding rights and duties, set up partnership agreements that are aligned with Australian law as well as help you resolve any business disputes that may arise.

Business or shareholder disputes can be stressful and can result in delays, losses and production downtime. Having a legal contract in place can help in implementing amicable and speedy problem resolution as it provides a reliable reference point for discussions. As a business partner, you need to confirm that the business is valid and legitimate under Australian law and a reliable lawyer, who can offer good legal advice, can help interpret the terms and conditions. Technical verbiage and legalese can often prove confusing to understand and interpret for the layman.

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Need Assistance with Disputing Criminal Charges

Top Lawyers can Provide Expert Guidance

Most of us tend to associate criminal charges with crime that occurs on the street, homes and alleyways of Australia. White collar crime refers to other forms of law violations that occur in a corporate environment. Expert criminal lawyers are happy to offer legal advice to those who require legal assistance in white collar crime cases.  White collar crime can occur in a variety of scenarios and include different types of law violations. According to recent news reports, white collar crime is on the rise in Australia and usually includes any type of activity that involves obtaining funds or property etc through fraudulent means.

Although white collared crime usually receives less than its fair share of attention compared to violent crimes, it has resulted in losses amounting to million dollars. White collared crime acts are usually committed by individuals who belong to a higher economic or social status and may be performed against the company (where the individual is employed), investors, creditors, the government or the environment etc.

The following list describes some of the most common forms of white collared crime:

  • Tax fraud: Tax fraud can be committed by an individual or by a company or its agents. Tax fraud refers to evasion of tax by providing false information to the government or tax authorities. Tax fraud includes hiding income, indulging in fraudulent, complex (and often illegal) offshore tax havens as well as claiming refunds or tax benefits that you are not entitled to claim. Tax fraud attracts a variety of punitive action measures including penalties, fines, convictions and imprisonment.

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Why Estate Planning is Essential in Business

When you start up a business, the last thing you will be thinking about is the time when you will be unable to carry on. However, it is important to take a reality check in this matter because no one lives forever and many people die well before they expected to. If you leave your business without any plans for a time when you are not there to run it, all your hard work may be lost and your family left without the assets you expected them to inherit.

Once you speak to a good commercial lawyer you will see that there are many ways to protect your business assets and ensure they are passed on to your family, but they vary to a certain extent depending on the type of business structure you used to set up the business. It could be a sole trader, partnership, have several co-owners and so on. But one thing is for sure; no matter what type it is, if there is no estate plan or Will, much of the value will be lost, going to the state to cover the cost of settlement.

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Financial Planning for Loss of Income

Loss on income can happen due to many reasons, not necessarily anything to do with your health. It could simply be that the company you work for is finding it difficult to get clients and so have to retrench some staff.  Good financial planning by an expert financial advisor such as Andep can mean the difference between losing your home or not losing it.

In fact, it is not only people who are paying off a home that would be negatively impacted by a sudden loss of income. With rent as high as it is these days, it is easy to get to the stage where your income is not enough to both pay the rent and buy food. But a good financial planner will allow for these kinds of problems when working out a plan for you and your family.

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How to Ensure a Fair Division of Property at Divorce

Any lawyers will tell you that even though a divorce may be stressful, there are certain things that should not be left to chance. One of them is the division of property. If valuable assets are held by two people who divorce, it is only fair to divide them up. According to experienced divorce lawyers Robertson Hayles, unless you get advice from family lawyers it is possible that you’ll decide to forego your share just to have it all over and done with. You may live to regret that decision.

It is all very well to make a verbal agreement about the division of property, but before you call in the removalists, who’s to say that your ex will not renege on their end of the agreement. A verbal agreement is not something that will hold up in a court of law. Leaving it all up to a verbal agreement is only going to prolong the agony, if you don’t decide to just let your ex take everything simply for the peace of having no more hassles with them.

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Where There’s a Will There’s a Way

Most family or specifically Wills lawyers would agree that it’s important to have a Will no matter what age you are. However, since people don’t like to think about dying, they also don’t want to make a Will. This can be a big mistake, because if they have any assets at all, these will be frozen at the time of their death and no one will be able to access them for many months.

In addition, because the judicial system will become involved in deciding who should inherit their property or other assets, the end amount will be much less, since the cost of the court case will be taken out of the assets. And if the cash assets don’t cover the cost, any property will have to be sold to pay it. So if you want your family members to inherit your home, it may not be possible for this to happen without a Will.

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Tips to Setting up Financial Agreements Between Families

These days when it is difficult to get a loan to purchase a home, financial agreements between families can be really helpful. It is essential to consult with lawyers to ensure such agreements are legally binding and fair so that there can be no squabbling over it. Having a verbal agreement is not wise, as one party can change their mind or mistake the meaning of the agreement and it can cause a big split in the family that even family lawyers may find difficult to work through.

Money is usually the number one problem in most relationships, often because one person wants to spend it and the other person doesn’t. So when it comes to hundreds of thousands of dollars any disagreement is likely to have far-reaching effects. In fact, it is far better not to have such an agreement in the first place if it is likely to split the family.

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How a Violence Restraining Order Can Help You

We often hear in the media news about people taking out a violence restraining order (VRO) against someone they fear is going to harm them.  To do this they have to apply to a court for the order and the police are the ones who serve it – or give it – to the person who is being violent or aggressive.  Often it is taken out by a spouse or de-facto against her partner – or in some cases – his partner.

While it doesn’t stop them from harming the person if they really want to, there are penalties for breaking the VRO. This can be enough to stop them from frightening or threatening someone where their action is not enough to bring a legal punishment against them. Sometimes people get so bitter and angry they act in ways that are stupid and not really what they are usually like.

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