What is an out of court settlement and when Is Civil Litigation Necessary?

 

The process of resolving a dispute between two parties through the court system is known as civil litigation. It can occur when one party wants to sue another over things like unpaid debts, the breach of a contract, negligence, and a whole host of other circumstances.

Ideally, you want to make the process of civil litigation the last resort if possible, as it can be drawn out and costly. Therefore, is civil litigation entirely necessary to resolve a dispute? Are there other options open to both parties to more amicably come to a satisfactory agreement or solution?

Try Negotiating An Out of Court Resolution of Court Settlement before commencing civil litigation

Often times agreements can be reached outside of the court processes. This can be a lot less stressful, as well as easier on the wallet.

In the case of a debt that is owed, for example, perhaps a payment plan to chip away at the debt can be agreed upon.

When is Civil Litigation Required?

In the case of breach of contract, perhaps amendments to the contract can be negotiated to find a satisfactory resolution for both parties without the need to ever see the inside of a courtroom.

Whether you decide to proceed with civil litigation or not, you’ll need legal representation; a lawyer who is an expert in litigation cases. Your lawyer can also help you come to an agreement with the opposing party, and quite possibly negotiate a deal that doesn’t involve having to take the matter to court.

In Brisbane speak with your civil and commercial litigation experts at Aylward Game Solicitors to try and negotiate an out-of-court resolution and settlement. Even if you just need some helpful advice to know what your rights are and where you stand, we are the team to call. Take some of the stress out of the situation and make arrangements to meet with one of our experts today. It’s well worth it for your peace of mind.

Article Source: Civil litigation

How the Australian Priority Skilled Occupation List Update probably affects you

 

The Department of Home Affairs has recently updated the Priority Migration Skilled Occupation List (PMSOL). In this article, we elaborate as to how this may affect you if you have not lodged your Skilled visa application yet.  

What are New? 

The Department has added 22 new occupations to the Priority Migration Skilled Occupation List (PMSOL). Those offshore applicants who have Australian businesses willing to sponsor can now apply and upon approval, seek to enter Australia. However, that does not mean the applicants can quickly get any visa. They are still subject to the usual Department’s process with the exception that they will be given priority in having their applications assessed and further will be subject to quarantine arrangements at their own expense.

The PMSOL also includes Medical Laboratory Scientist, Multimedia Specialist, Software and Applications Programmers as well as Chef.

What are the other Affected Occupations?

The Department in line with its policy to support Australia’s tourism and hospitality sector has provided more flexibility during the COVID-19 Pandemic period. For instance, the Government will remove the existing work hour caps for Student Visa holders employed in the tourism and hospitality sector. Previously, a 40-hour fortnightly limit applied during study periods.

Other changes include, temporary visa holders will be able to access the 408 COVID-19 Pandemic Event Visa for a period of 12 months if they work in the tourism and hospitality sector. They will be able to apply for the 408 COVID-19 Visa up to 90 days before their existing visa expires and then remain in Australia for up to 12 additional months.

Travel Exemptions 

The Commissioner of the Australian Border Force may grant an individual exemption if the individual is a non-citizen and is found eligible to meet the criteria in either of the following circumstances:

• Traveling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response.
• Providing critical or specialist medical services, including air ambulance, medical evacuations, and delivering critical medical supplies.
• With critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, aged care, agriculture, primary industry, food production, and maritime industry).
• Delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large-scale manufacturing, film, media, and television production, and emerging technology), where no Australian worker is available.
• Providing critical skills in religious or theology fields.
• Sponsored by an employer to work in Australia in an occupation on the PM SOL.
• Whose entry otherwise be in Australia’s national interest, supported by the Australian Government or a state or territory government authority.

Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.

Article Source: priority migration skilled occupation list

Divorce Property Settlement and Child Custody

 

Settlement of family law issues after separation deals with the most basic and raw emotions. Putting one’s life and that of your family into documents and letters is a process that can make a person feel empty and emotional.

Divorce Property Settlement Brisbane and Child Custody are often at the front of mind for those facing separation or divorce.

Collaborative practice is one way in which separated parties can resolve issues quite quickly. The first meeting can be a little uneasy but once the process is explained to everyone and being able to talk things out and express your points of view with your collaborative practitioner makes the process much easier. Collaborative practice allows parties to talk without just being a person on a page of a document. Professionals such as counselors and accountants can also be included who can assist in working through issues and help reach a resolution. In a collaborative practice meeting if you feel you are unable or uneasy about putting your point of view across then your collaborative lawyer will help you and be by your side every step of the way.

Read more: Divorce Asset Split In Australia: Who Gets What In A Property Settlement?

Today’s world of electronic communication can be impersonal and dealing with issues that affect you and your family’s future in this way is not always the best way for resolution. It is always easy to criticise and argue when it’s written on a page or screen. Dealing face to face can be difficult but usually brings out the truth and helps people realise the consequences of their actions. Collaborative practice is a very good way to finalise financial and children’s issues after a breakup in your relationship.

To find out more about the collaborative practice and Divorce Property Settlement Brisbane please call 1800 217 217

Article Source: Divorce Property Settlement Brisbane

SHOULD YOU USE A DIY WILL KIT OR HIRE AN ATTORNEY?

 

DIY will kits are becoming increasingly more popular and many are available for purchase online. Having a will is important on many levels, particularly if you have a sizeable estate, and even people with not much in the way of material possessions and money should still have some sort of will.

Do Your Own Will? Hire an Attorney?

But should you attempt to transcribe your own will just to try and save some money, or is that a task best left to a professional; hire a solicitor or hire an Attorney who specializes in wills and estates?

A DIY will kit can be handy in the sense that it’ll give you an idea of the types of things to include in your will, but it’s still highly advisable to have a trained professional prepare the will and distribute your estate.

Below are just a few reasons why DIY will preparation is not in your best interests.

The Cons of DIY Will Kits

DIY wills can often be unclear and ambiguous. They can even be misinterpreted and therefore left open to challenge by those in disagreement with the will.

Generally, when one prepares their own will, they are doing so to avoid involving a law firm. Therefore, they appoint a friend or family member as the executor of the will. Unfortunately, this person with their newfound responsibility likely doesn’t have the knowledge, experience or expertise to act as an effective executor, and therefore struggles to adequately fulfill the obligations bestowed upon them.

There is also the chance the executor has a conflict of interest, such as a business partner of the deceased.

If there is disagreement over the will between siblings, for example, how will you plan a resolution to that conflict and challenge when writing your own will?

Another common mistake is to leave assets to people that you either don’t actually own, or don’t fully own, such as a joint business or family trust.

And one of the most common problems with DIY wills is they get misplaced or lost and are unable to be found when the time comes.

Wills are an extremely important document and should be treated as such.

Call An Expert for Will Preparation

Don’t take chances. Have your will prepared and executed by a professional. At Aylward Game Solicitors in Brisbane, Gold Coast and Sunshine Coast,

We specialize in wills and estate planning, so trust one of your life’s most important legal documents to us and give yourself complete peace of mind.

Article Source: Wills and Estate Planning

WHY YOU DON’T NEED AN AGGRESSIVE FAMILY LAWYER

Engaging a lawyer to advise and represent you if you find yourself in the unfortunate situation of family breakdown, and needing advice and assistance to navigate that process, is not something that most of us would want to have to do. It is however a reality that will confront a significant number of us at some point in our lives.

Is it important to hire an Aggressive Lawyer?

When we speak to people in that situation as they are at the start of the process and trying to get to grips with what is happening, we often hear people ask if we are “bulldogs” and whether we will be “aggressive”.

Whilst we can be those things if the client really wants it, or if the situation really requires it, we will always ask if that is really what you need? Most people only experience an engagement with the family law system once or perhaps twice in their lives. For us, it’s what we do every day. We have seen the process from beginning to end many many times.

Sometimes, individuals indicate that they want an aggressive family lawyer to represent them in their case. So we will usually respond by asking if an aggressive, bulldog approach is what will get you the best outcome? If it is not what you really need, the aggressive approach may mean that the time that you spend in the system is longer than it might need to be, that the emotional pain that you suffer is more intense than it needs to be, and the costs that you incur are much higher than they need to be.

What you actually need 

We also often hear that the only winners in the family law system are the lawyers. We prefer to think that because we are committed to giving our clients the advice that they need to hear, rather than the advice that they want to hear, that our clients are getting value for money. 

For an honest opinion about your family law situation that balances the emotional and financial costs, the time that the process may take with a realistic and practical appraisal of what is achievable, speak to one of our experienced family law team at Brisbane, Gold Coast and Sunshine Coast Office. 

Article Source: Aggressive Family Lawyer

FAMILY DNA PROFILING: THE GIFT THAT KEEPS ON GIVING

 

With Christmas approaching, many people may be considering giving as a gift a DNA ancestry kit for family DNA profiling. These are interesting ways of undertaking research into your family history and finding out the background of where your ancestors might have come from.

This is often used in association with various websites, where the results of the DNA testing can be uploaded to help trace other family members and complete missing links in the family tree.

Crime Scenes & Fake Profiles

However, this is not the only development in DNA science. In April of 2018 police in the United States managed to make an arrest in relation to a series of murders that were committed in California during the 1970s and 1980s. The Police in California used a sample from one of the crime scenes and using a fake profile uploaded the DNA result to an open-access genealogy website. This led them to the lead they needed.

Familial DNA profiling

This process requires the use of complex and sophisticated DNA testing and profiling, known as familial DNA profiling or family DNA profiling.

Family DNA profiling (also called DNA fingerprinting) is the process of determining an individual’s DNA characteristics, which are as unique as fingerprints. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding.

DNA profilings are a forensic technique in criminal investigations, comparing criminal suspects’ profiles to DNA evidence so as to assess the likelihood of their involvement in the crime. It is also used in parentage testing, to establish immigration eligibility, and in genealogical and medical research. DNA profiling has also been used in the study of animal and plant populations in the fields of zoology, botany, and agriculture. (see Wikipedia for more information)

The case in the USA is not the only one that has used these processes. In 2002 in the UK Police re-examined the evidence from a murder committed in South Wales in 1988, and using the family DNA profiling process they were able to identify the killer. The widespread availability of genealogy websites allows the police to search for a wider database for matches. In September 2018 it was announced that familial DNA profiling has been introduced in Australia by the National Criminal Investigation DNA Database.

So if you upload your DNA test results in searching for links in your family tree, you may help the Police to find out more than you had ever expected.

For more information, please contact your local Brisbane Lawyer at Aylward Game Solicitors on 1800 217 217 or book an appointment on our website.

Article Source: FAMILY DNA PROFILING: THE GIFT THAT KEEPS ON GIVING

What is Power of Attorney and When Would You Need It ?

 

In simple terms, a power of attorney is a legal document where a person is nominated to act on your behalf (known as the agent) regarding your affairs. The document gives the nominated party the legal capacity to make decisions for you on things like financial matters and other duties.

The person given attorney does not have to be a lawyer, although in many cases a law firm is enlisted to act as power of attorney.

Some common tasks of those entrusted with power of attorney can include, but are not limited to:

• The buying and selling of property
• Operating bank accounts
• Organising the paying of bills and debts
• The power to vote in meetings
• And lots more…

The tasks involved will depend on particular circumstances and what the principal (the person delegating the power of lawyer) requires and stipulates.

When Might You Need To Delegate Power of Attorney?

Many people only assume power of attorney is entrusted to someone when the principal no longer possesses the mental capacity to make sound decisions, such as in the case of someone with Alzheimer’s or suffering an incapacitating illness or injury.

While this is often the case, the are other scenarios where you may need to consider giving someone you trust the power of Solicitor, even on a temporary basis.

One such instance is when you might be required to spend a significant amount of time overseas and find it too difficult to handle all your affairs back home from abroad.

If you, the principal, lose your capacity to make decisions, then the power of attorney you delegated will cease.

Will and Estate Planning Brisbane

When it comes to preparing wills, estate planning and matters regarding the power of a lawyer, your local and highly experienced law firm in Brisbane is Aylward Game Solicitors. If you need advice regarding the delegation of power of solicitors to someone you trust, then think of us first.

Article Source: power of attorney

Have You Got A Fake Suit?

We often see newspaper reports and media reporting on fake lawyers and this is concerning to us. But what can you do to make sure your lawyer is legit?

A Fake suit is clearly a situation where they’re engaging in a defamatory statement, a false statement about another that damages that person’s reputation”. In that situation, that is certainly actionable.

We wish to remind the community that if someone is concerned and wishes to ensure that their solicitor is properly registered as a solicitor they can check with the Queensland Law Society, either by phone or online.

It’s a criminal offense to pretend to be a lawyer when you are not, but in truth prosecutions are rare.

Practising law is a regulated profession and only certified lawyers are allowed to do certain things, (such as appear on behalf of someone else in Court or be paid to undertake litigation).

How to become a (real) lawyer:

To practise as a solicitor in Queensland involves four steps:

1. Completion of an approved law degree
2. Completion of an approved practical legal training course or a supervised traineeship
3. Application for admission to Roll of Lawyers
4. Application for a practising certificate

A practising certificate is required to practise law in Queensland. Certificates are issued pursuant to s.49 of the Legal Profession Act 2007 and must be renewed annually.

For details on how to proceed if you have qualified overseas, access the below links:

• Application for assessment of overseas qualifications
• Information kit to apply for skills assessment
• FAQ for assessment of overseas qualifications
• Guideline for assessing overseas applications issued under Rule 9AA(1)(c)

Practitioners who intend to practise as principals are also required to successfully complete the QLS practice management course. This course expands practitioners’ managerial skills and helps them to easily transition to the role of principal.

SOURCE: https://www.qls.com.au/For_the_profession/Your_legal_career/Become_a_solicitor

To become an Accredited Specialist in law:

https://www.qls.com.au/For_the_profession/Professional_development/Specialist_accreditation/Eligibility

In summary, Accredited Specialists undertake more training. For example, you have to be admitted as a lawyer for a minimum of 5 years, with 3 years (before the application for accreditation) being almost exclusively in the area of specialism. You also have to undertake additional exams, however, it varies between the specialist areas what exactly is required.

To remain as Accredited Specialists, you even have to do additional hours of CPD every year which must be in the area of specialisation. It’s very intensive. You can always check to ensure you are dealing with an Accredited Specialist by asking for the lawyer’s credentials.

What are Lawyers Allowed To Do?

To answer the question of what are lawyers allowed to do those other people can’t, the Legal Profession Act (QLD) says only people who are admitted as lawyers are permitted to engage in legal practice.

Are you dealing with a genuine suit? It pays to be sure.

Here’s ACA’s recent story on a fake suit lawyer that got busted.

Article Source: A Fake Suite

PEXA E-Conveyance Vs Paper Settlement

E-Conveyance Vs Paper Settlement

Deciding on the most efficient and best value option for settling your property transaction is at the front of mind to most people and with the onset of modern technology, this decision now includes the option for electronic processes. So which is better? A traditional paper settlement or a more modern approach by way of conveyancing? Let’s discuss.

What is a Paper Settlement?

A “paper settlement” is the traditional method of settling a conveyancing matter. Solicitors Brisbane for the Buyer and Seller, the lending bank, and the releasing bank all meet in person at an agreed location to swap legal documents and hand over bank cheques.

What is a PEXA e-conveyancing?

PEXA E-Conveyancing is an electronic form of settlement, which minimizes the manual processes associated with a traditional paper settlement. Solicitors and banks transact together in an electronic environment to swap legal documents and transfer funds via electronic funds transfer (EFT).

Pexa E-Conveyancing is a great way to settle your property transaction. It allows for a very efficient, fast, and secure way to settle your property transaction in real-time with no delays. This includes treating sale proceeds as cleared funds so there is no waiting for cheques to be deposited and cleared into the Seller’s account. A PEXA settlement also provides for lodgement of legal documents instantly with the Land Registry which reduces the risk of delaying registration of the property transfer.

Always know what’s going on conveyancing

A PEXA Settlement can also incorporate an app that allows real-time tracking for Buyers or Sellers.  You can keep yourself updated the entire way through the conveyance by using the free settlement app “Settlement”. Buyers and Sellers can keep themselves informed throughout the settlement process and know exactly when settlement is complete.     

Use PEXA through Aylward Game Solicitors

In states such as New South Wales and Victoria, PEXA Settlements have become mandatory. However, with Queensland set to follow suit many law firms have not adopted the electronic settlement process and are not subscribers to PEXA.

Aylward Game Solicitors are subscribers to PEXA and we are able to provide Buyers and Sellers with the option of an electronic settlement or a traditional paper settlement. Each Client along with each property transaction is individual and we strive to provide our clients with a tailored conveyancing experience.   

Article Source: PEXA E-Conveyance 

GAY AND LESBIAN DE FACTO COUPLES AND PARENTING

 

Elton John and his partner David may not be considered the parents of their children in Australia.

Under the provisions of the Family Law Act parents are responsible for the care, welfare, and development of their children. The parents may be married or living in a de facto relationship. In both instances, the children of that relationship are recognized as the children of their parents. This extends to a lesbian couple living in a de facto relationship. The mother of a child in a lesbian de facto relationship is the parent of that child if the child was conceived by artificial insemination. The partner of the mother would also be considered a parent of the child under the provisions of the Family Law Act. The child is of course the child of the mother who gave birth to the child.

Gay and Lesbian De Facto Couples and Parenting

This does not extend to males in a gay de facto relationship even if one of the males donated sperm for the conception of the child. The biological mother and if in a relationship with her partner are deemed to be the child’s parents even if it is the intention of the biological mother and the gay male father that the child born will be living with the father of the child and his gay partner. It will be necessary for the gay male partners to legally adopt the child or apply to the Family Court for parenting orders of the child. The process of adopting a child is subject to the review of the relevant State department. Alternatively, an application may be made to the Family Court for the formal parenting of a child by a gay male couple. The normal considerations for parenting of that child will be made by the Court.

If a gay male couple raised a child without seeking formal parenting orders in relation to the child and if the relationship breaks down then either partner may apply to the Court for parenting orders on the basis he has been a significant person in that child’s life.

It may be prudent for lesbian and gay male couples to formalise the parenting of any child raised by them by seeking appropriate parenting orders in the Family Court.

Article Source: De Facto Couples