Your Rights If You Are Arrested On Suspicion Of A Drug Offence

If someone is taking drugs or addicted to them, they should be aware that the outcome of that can manifest itself in several ways, which include hospitalisation, being admitted to a drug rehab facility, or, if caught in possession of those drugs, being arrested and ultimately prosecuted for a drug offence.

With the last of those possibilities, arrest, it is in your best interests to be aware of what your rights are if you happen to be arrested for a drug offence. One problem with drug offence arrests is the fact that if you are arrested under the influence of drugs, your thought processing and reasoning are likely to be considerably impaired.

What can happen in those circumstances is instead of being rational about the situation, you could behave completely irrationally. This can worsen the situation in several ways, which can include resisting arrest, trying to flee, or, worst of all, assaulting a police officer. All of these can make the seriousness of what you are being arrested for far greater and potentially attract a more severe sanction than the original drug offence if you are convicted.


Continue Reading

The Process Used To Calculate Spousal Support

In almost all divorces the matter of finances, and specifically spousal support, is bound to arise, and given that this will impact significantly on both spouses’ futures, the importance of having family lawyers represent for this them is clear. That applies whether they are the spouse who will be paying spousal support or the one who will be receiving it.

Applying for spousal support can be done by someone who is married and getting a divorce, or it can be done by someone who was in a de facto relationship. This means that they were not actually married to their ex-partner, however, within Australian family law, couples in a de facto relationship have many of the same rights and protections as those who are married.

There is no amount of time that has to pass until one of the spouses is entitled to receive spousal support. In other words, they have a right to apply for it, from the day that they separate. It is often the case that the partner who has the greater finances believes that they do not have to start paying spousal support until after they are divorced, but as their family lawyer will them, that is not true.


Continue Reading

What Happens When One Spouse Refuses To Leave The Matrimonial Home

If marriage or a de facto relationship breaks down to the point where the couple decides to separate, in the normal course of events one of them would move out. However, occasionally there is a situation where instead of moving out, one of the individuals refuses to and this is often when the other partner will seek the help of your divorce lawyers.

When they do so, they often assume that all they need to do is get some kind of court order or go to the police in order to have the person who refuses to leave thrown out of the home. However, as their divorce lawyer will tell them, it is not as simple as that, and Australian family law does not have clauses in it where one partner can throw the other out of the matrimonial home simply because they want rid of them.

This becomes even more complicated where the couple has children and the risk can be that whilst their two parents are having a battle of wills, the children are caught in the middle, confused, and no doubt anxious as they see their parents argue over this.


Continue Reading

Is Defamation a Matter for Employment Lawyers?

Defamation cases can be serious, and large monetary settlements are often reached if they are taken to court. In general, defamation laws are designed to protect people from unfair and unwarranted verbal and written attacks. In short, defamation is anything which harms a person or other body’s reputation without due cause.

And yes, defamation cases are sometimes a matter for employment lawyers, depending on the circumstances surrounding them. In many cases, defamation involving employers and employees can be messy, especially if working relationships have broken down.

What Constitutes Defamation?

To put it simply, defamation cases involve one person or party seeking damages for loss of reputation. In general, defamation is linked to someone distributing material making untrue claims about the person or business in question. It comes in many forms, including:

  • Social media posts, blogs, and other digital content.
  • Newspaper or magazine articles attacking another party without due cause.
  • Photos, music, and other artistic or creative material.
  • Emails, regardless who they were sent to or meant for.
  • Broadcast or spoken words, including radio shows and podcasts.

In serious cases, defamation can seriously harm an individual or business’s future prospects, leading to lost income and potentially serious mental illness. Luckily, defamation laws in Australia are tough, allowing those who are affected to seek compensation from the offender.

What Should I Do if I Want to Make a Defamation Claim?

If you feel that you’ve been negatively affected by defamatory comments or other content, you should speak to your local law firm. If this defamation has occurred in the workplace, either between two employees or between employee and employer, you might need to consult an employment lawyer to confirm your employee’s or employer’s rights.


Continue Reading

Paid Parental Leave: What Are My Obligations As An Employer?

If you’re an Australian employer then you have a range of obligations with respect to paid holidays and leave. Understanding these obligations is crucial if you want to run a successful business without placing yourself at risk, and the best way to do this is to speak with a commercial lawyer, such as Rowe Bristol, with experience in the industry.

As you can imagine, parental leave is something that pops up quite regularly. Unfortunately, a lot of employers don’t understand what their obligations are with respect to parental leave in Australia.

With this in mind, I’ve outlined the main parental leave laws in Australia to help you understand what you need to be doing:

What is paid parental leave?

Basically, paid parental leave involves a new mother or father being granted some time away from work to look after a new child. Usually, this happens in the days immediately after birth, and the length of time it goes for varies according to individual situations.


Continue Reading

5 Things to Remember When Applying For a Divorce

Divorces can be nasty, but they are becoming more and more common in the modern world. Using a decent family lawyer like Family lawyers Perth, can help streamline the divorce, but there’s a few things that you can do to make applying for a divorce as easy as possible.

In this article we’re going to look at five extremely important things that you should remember when applying for a divorce. They include:

  1. Try And Resolve Things Without Going Through The Courts

Whenever possible it’s a good idea to try and resolve your divorce without going through the courts. If you do have to go to court, you will end up spending a lot of money on legal fees, and you might not end up with a resolution that anyone’s happy with.

A decent family lawyer will be able to guide you through the divorce process. If possible, remaining on friendly terms with your soon to be ex should also make things easier.

  1. Consider Joint Accounts

Joint bank and credit card accounts can become problematic when you’re working through a divorce. If you’re considering applying for a divorce, then speak with your partner about any joint accounts that you’ve got.

It’s also worth speaking to an attorney or family lawyer if you’re not sure about the best course of action. They should be able to advise you and help you head down the right path.


Continue Reading

5 Things to Consider When Choosing a Commercial Lawyer

There are a lot of situations that require the services of a decent commercial lawyer. If you’re starting a business, redeveloping your business structure, signing a new lease, or doing almost anything else related to running your business, then you might need to think about the relevant commercial laws.

Although will be able to safely and legally do most things on your own, it’s often worth employing a commercial lawyer to make sure that you’re not missing anything. However, it can be hard to find a decent commercial lawyer who is both affordable and knowledgeable.

With this in mind, we’ve put together a list of the top 5 things you should think about when choosing a new commercial lawyer. They include:

  1. Their specializations

This should be relatively self-explanatory, but it’s worth touching on. Not all commercial lawyers are the same, and not all commercial lawyers have the same skills and experience.

It’s very important to find one who has experience and training dealing with the field that you’re in. For example, if you’re running an online business, find a lawyer who understands online business structures and reporting requirements. Likewise, if you’re trying to break a commercial lease, find a lawyer with experience here.


Continue Reading

5 Things To Keep In Mind When Fighting For Child Custody

Child custody battles can become complicated, especially if both parents have a strong case. Often, these disputes end up in the courts, where a family lawyer will be invaluable to you.

They will be able to help you put together a strong case, maximising your chances of a positive outcome. However, there are also plenty of things that you should keep in mind when you’re fighting for child custody. You shouldn’t ever rely solely on your lawyer to get the job done.

Considering these five things will help you build the strongest case possible:

  1. Make sure you choose your lawyer carefully

It can be easy to fall into the trap of using the cheapest or most accessible lawyer. If you really want to achieve the best child custody outcome possible, it’s very important to make sure that you don’t do this.

Instead, you should choose your lawyer very carefully. Take things like their experience, their training, and their track record with child custody disputes into account. At the same time, make sure that they’re friendly and approachable.


Continue Reading

How Much Trouble Will I Get into If I Try to Bring Drugs into Australia?

The penalties for illegal drug trafficking vary immensely throughout the world. Any criminal lawyer will tell you that it’s not worth trying to bring drugs into Australia – the penalties are simply too big.

Although it could be tempting to bring that little bit of something back from your holidays, it’s simply not worth the risk. The chances are very high that you will get caught, and if you do, you will face significant financial penalties and the risk of jail time.

In this article we’ll explore the trouble that you will get into if you try and bring drugs back into Australia, even if they’re for recreational use. We’ll look at a few of the penalties and the things you should do if you’re charged with drug trafficking.

How Much Trouble Will I Get Into If I Try To Bring Drugs Into Australia?

In Australia drug trafficking is seen as a federal crime and comes with extremely tough penalties. However, you won’t always be charged with trafficking for importing small amounts of drugs. You will only be charged with drug trafficking, and risk the associated penalties if you bring drugs into the country with the intent to sell them.

Smaller amounts of drugs will attract smaller penalties if you are caught, but they are still significant. Ultimately, it really isn’t worth trying to import any border controlled drugs into Australia – you will get caught, and you won’t have much chance to defend yourself if they are found in your belongings or on your person.

Importing small amounts of border controlled illegal drugs can attract penalties of up to 10 years in prison. Marketable quantities attract maximum sentences of 25 years, while the import or export of commercial quantities or border controlled drugs carries a penalty of up to life in prison.


Continue Reading

What Health And Safety Laws Should I Be Aware Of When Starting A New Business?

Starting a new business in Australia involves a lot of legal paperwork. Health and safety is a major consideration for every business, but even more so for those who work with chemicals, outdoors, with machinery, or in otherwise high risk environments.

I’d always recommend hiring a commercial lawyer to help you understand your health and safety requirements before you start a new business. Failing to do so can leave you open to prosecution and a large range of penalties.

With this in mind, here are a few important workplace health and safety considerations that you have to be aware of when starting a new business in Australia:

Understand That Every Industry Has Different Laws

Unfortunately, Australia’s health and safety laws vary according to industry. Different types of business will have significantly different health and safety rules to others, and it’s important to be aware of those which govern your industry.

Again, I’d recommend speaking about this with your local commercial lawyer. They should be able to advise you on the most important laws that you have to stick to. Alternatively, get in touch with Safe Work Australia to find out more.


Continue Reading

How Long Should I Sign a Commercial Lease For?

When you’re signing a new commercial lease it’s important to try and find the right balance between a long enough lease to let your get your business up and running and a short enough lease to be able to cover the costs if your business fails.

However, this isn’t always easy. Many landlords will want you to sign a long-term lease that’s at least 5 years, and they might try and pressure you into this. It’s important to make sure that you don’t let yourself be pressured in situations like this, otherwise you might regret it later. Make sure that you employ the services of a decent property lawyer to help you negotiate your lease, and make sure that you’re clear on the fine print.

Ultimately, there are a few things you should take into account when deciding how long to sign a commercial lease for. We’ve outlined some of the most important below.

Consider Your Business Vision

It doesn’t matter how long your business has existed for, or even if it’s brand new. If you’re serious about building it and expanding your services in the future, you need to take this into account.

If your business does grow, you might end up wanting to relocate to larger premises at some point. This can be hard if you’re locked into a long-term lease.

Work closely with your commercial lawyer to negotiate a lease that either: (1) only lasts for a short time or (2) gives you an exit clause if you need to find larger premises.


Continue Reading

5 Tips For Making Business Insurance Claims

If you’ve had problems with your business that are covered by your business insurance, then you will need to make a claim. Unfortunately, small business insurance claims aren’t always simple, and insurance companies will often do everything in their power to avoid paying up.

It’s usually a good idea to hire an experienced commercial lawyer to help you put together complicated claims. However, there are a few other things that you can do to help maximise the chances of your claim being approved, including:

  1. Make Sure You Use A Good Lawyer

It’s absolutely essential to make sure that your company lawyer has experience in business insurance claims. If they don’t, then you might find that they aren’t able to maximise your chances of winning your claim.

I’d recommend doing your research carefully before hiring any lawyer. Make sure that they have a good reputation and a strong track record dealing with insurance claims.


Continue Reading

What Should I Do If I’ve Been Searched Without A Warrant?

Criminal law is a complicated topic, but it’s worth understanding your rights if you’ve come under scrutiny from the police. Fortunately, in Australia you do have a lot of rights, and they are generally pretty clear.

However, police searches can become a complicated subject. Usually, you will have a lot of rights, and you can’t usually be searched without a warrant. But, like with everything, there are exceptions to the rule, which means that you should always speak with a criminal lawyer if you think you’ve been searched illegally.

With this in mind, I’ve put together a short list of things you should do if you’ve been searched without a warrant. They include:

Speak with a criminal lawyer ASAP

If you’ve been searched, the chances are that the police have their eye on you for some reason. If you’ve been searched without a warrant, then you might have some rights that you’re not aware of, and you might even be able to claim some sort of compensation from the police.


Continue Reading

What Should I Do If I’m A Victim Of Domestic Violence?

Domestic violence is a massive issue that affects thousands of Australians every single year. As a victim of domestic violence, it can be hard to know what to do to move on with your life, especially if you have children with or are married to the person who has abused you.

Once you’ve dealt with the criminal side of things, it’s a good idea to speak with someone at a family lawyers firm to sort out things like child disputes and, if you’re married, a divorce. They will be able to help you put your affairs in order so that you can move on with your life quickly with minimum fuss.

Start by distancing yourself from your abuser

One of the biggest mistakes that people make as victims of domestic violence is that they remain in a relationship with, or at least in close contact with their abuser. This is a terrible idea, because it usually leads to ongoing abuse, and can reduce your confidence and compound what’s already a bad situation.

Ultimately, you should distance yourself from your abuser as soon as you possibly can.

  • If you were living with them, then you should move out and get your own place. If you can’t afford to get your own place immediately, then try and stay with a friend or a family member for a while.
  • Try and cut financial ties with them. If you were a stay at home parent relying on them to supply for the family, this can be difficult. But, it’s still worth doing.
  • Above all, don’t remain in a physical relationship with them.


Continue Reading

What Should I Do If I’ve Been Charged With Blackmail?

Blackmail is considered a serious crime under Australian law, and is punishable by significant jail time. Unfortunately, a lot of people don’t understand what they should and shouldn’t do if they’ve been charged or appear likely to be charged with blackmail, which can lead to a range of problems.

The best advice that I can give anyone who is having any sort of problems with blackmail or extortion is to speak to criminal lawyers. Find someone with experience dealing with blackmail under Australia law, because it’s a crime that’s certainly possible to fight in the courts.

With this in mind, I’ve put together a short list of a few things that you should do if you have been or think you might be charged with blackmail.

Hire a lawyer!

As I’ve already said, hiring a lawyer should be your priority if you’re charged with blackmail in Australia. Since Australian blackmail law is tough, it’s in your best interest to try and build a strong defence as soon as possible.

In saying that, Australian blackmail laws are also quite vague. This means that it’s often possible to build a strong defence. Hiring an experienced lawyer will help you maximise your chances of successfully defending your case. In the worst case scenario, a good lawyer will be able to help you argue for lower penalties.


Continue Reading