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Category Archives: Legal

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Mar162022
Important Points You Should Be Aware Of Before You Plead Guilty To A Crime

Important Points You Should Be Aware Of Before You Plead Guilty To A Crime

LegalBy Espresso EducationMarch 16, 2022

When someone has been charged with a crime and is facing an appearance in court, discuss with their lawyer their options; one of them will be to plead guilty. Whilst few criminal lawyers are likely to make claiming guilty their first suggestion if the evidence against their client is overwhelming, and the likelihood of a conviction is strong, it may go from being a suggestion to their considered advice.

Every defendant has the right to plead not guilty and leave the issue of a conviction down to a judge or jury, but equally, they also have a right to assert guilty. A defendant will often choose to plead guilty to benefit from what is termed a ‘discount’ on their sentence.

This refers to the scenario where a defendant is given a sentence that is reduced from what it might have been, having gone to trial and been found guilty anyway. However, pleading guilty needs more thought than simply expecting to spend fewer years in jail or having a lesser penalty than expected.

Before anyone accused of a crime decides to plead guilty, they need to be made aware of several points of law, including those outlined below.

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Jan52022
15 Tips For Ensuring You Submit Your Partner Visa Application Successfully

15 Tips For Ensuring You Submit Your Partner Visa Application Successfully

Legal, TravelBy Espresso EducationJanuary 5, 2022

Wanting to live, work or study in Australia is an option thousands of people take, and many of them do so because their partner or spouse already lives permanently in Australia. To join their partners, an individual needs to apply for a partner visa, and in truth, the process does take some time to fully understand.

The risk of making an error in your application could be a delay or rejection. To help you avoid that,  we have put together 15 tips that you can use as a checklist as you proceed with your partner visa application.

#1: Consult With Migration Agents – Our number 1 tip. Doing this could be the difference between a successful application and a failed one.

#2: Give Yourself Plenty of Time – The application process can take months so do not delay starting the process, especially if you have a specific date by which you want the visa.

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Feb242021
How A Business Can Take Legal Action To Recover Unpaid Debts

How A Business Can Take Legal Action To Recover Unpaid Debts

Business, LegalBy Espresso EducationFebruary 24, 2021

It is a key function within any business that monies which are owed to it are paid and paid in a timely manner as, if they are not, it can cause serious cash flow issues. Unfortunately, unpaid bills and outstanding invoice payments can happen regularly, and if you are suffering as result, then it may be time to speak to a commercial lawyer to ask them what steps you can take to remedy this problem.

The first step that your commercial lawyer is likely to recommend you take is to for them to send a letter of demand to the person or the business that owes you the debt. Normally this will outline the payment which is due and demand that it is paid within a certain number of days.

You cannot normally claim any costs related to the letter of demand, for example, the fee charged by your commercial or debt recovery lawyer to write and send the letter. However, if there was a clause within the contract for the goods or services the debt relates to that specifically stated that the cost of recovering any debt would be payable, then you can add these costs.

In many cases, a well-crafted letter from your commercial lawyer will be the virtual nudge that the debtor needs to send the payment. They may request that they be allowed to pay in instalments which in most cases you should allow them to do, rather than pursue them for the payment in full , knowing that they are unlikely or unable to pay.

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Feb162021
Obtaining A Costs Order Against Your Ex-Partner

Obtaining A Costs Order Against Your Ex-Partner

LegalBy Espresso EducationFebruary 16, 2021

One element of divorce proceedings which often has clients worriedly calling their divorce lawyer is when the issue of who will pay the legal fees for the process and proceedings. One concern that often gets raised is that one spouse has been threatened by the other that they will be responsible for paying not only their own legal fees but those of their ex-partner.

Family lawyers advise that this threat can come from either side of the marriage, so on occasion, it will be the wife threatening her husband, but it can also come from the husband too, whereby he tells his wife that she will be left with the bill. We should point out right away that in reality, unless other factors are in play,  the likelihood of costs being awarded, whereby one party to the divorce pays them all, is slim.

To put some numbers on that, a recent legal survey found that of all divorce cases, in less than 20% of them, a claim was made by one spouse that their ex-partner should be liable for the legal fees. In addition, looking at all divorce cases in the Family Court, a mere 2% saw all the legal costs awarded to one of the spouses.

Whilst it may be rare, your ex-partner may claim legal costs, so you should be prepared for it, just in case. Bear in mind your ex-partner has every right to make such a claim, and depending on how you have behaved in terms of cooperating about the divorce process, is how any court will determine whether to grant that claim or not.

Conversely, instead of challenging a cost order made by your ex-partner, you might believe you should make a cost order against them. If they have proved to be uncooperative and even to the extent of being intrusive about the divorce, such as claim may be justified, albeit there is no guarantee it will be successful.

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Oct22019
change my child’s surname

Can I Change My Child’s Surname?

LegalBy Espresso EducationOctober 2, 2019

If you’ve recently been divorced, gone through a messy relationship, or had other family issues, you may wish to change your child’s surname.

Ultimately, it is possible, but you should speak with your family lawyer or a legal advice expert before making any major decisions.

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Nov232018

Why You Need Lawyers for a Binding Financial Agreement

LegalBy Espresso EducationNovember 23, 2018

Some things – like writing a Will – don’t need to be done by a lawyer, but an experienced family law firm is essential to create a Binding Financial Agreement (BFA) between two parties that is considered legal. Unfortunately, the breakdown of relationships these days is a common occurrence, so couples often make such an agreement before the marriage in order to protect their assets.

So if you are going to do this there will need to be not one, but two lawyers involved; one to act on your own behalf and one to act on behalf of your fiancée. Each one has to give their client – you and your fiancée – separate legal advice and they then have to sign a Certificate saying that they did so. Without these Certificates, the BFA will not be legally enforceable. Each party must be given a copy of both Certificates.

The Binding Financial Agreement is a legal document that can be quite complex. It can only be drafted by a solicitor or family law specialist lawyer after careful consultation with the client. Once this has been done and it has been signed by both parties, it will be extremely difficult for one partner to have it set aside by the court.

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Nov42017

How to Have Violence Restraining Orders Set Aside

LegalBy Espresso EducationNovember 4, 2017

Violence Restraining Orders (VRO) are taken out by someone who is afraid due to being intimidated or abused in some way, against the perpetrator. It is a legal document, the terms of which are dictated in accordance with the specific situation it is meant to prevent. An experienced criminal law firm may suggest taking out a VRO on someone to prevent them contacting you in any way, thus alleviating a situation and preventing escalation of the problem.

If you have been served with a VRO you should carefully consider consulting a lawyer’s list to find professional legal advice as you have to follow the terms of it carefully, otherwise you will be fined or could face a gaol term. If you feel that it is not necessary or that the terms will make life hard for you – for instance, if you will lose your job because of it – you can apply to have it changed or set aside.

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Oct22017
binding-financial-agreement

What to do Before Applying for a Binding Financial Agreement

Finance, LegalBy Espresso EducationOctober 2, 2017

A binding financial agreement is usually sought from the courts when a relationship has broken down and the parties have divorced. In some cases the distribution of assets can be decided between the two parties without recourse to a court decision on the matter, but most often there is no agreement, so the matter must be decided by the Family Law Court and both parties should be represented by experienced family lawyers such as Robertson Hayles.

However, you can’t simply apply for a court decision as soon as the divorce is final. First of all, seek advice from a family lawyer and if this is too costly for you, there is a free legal service available through the Family Relationship Advice Line or the Legal Aid Service in your state.

Using a dispute resolution service

The Family Law Courts require you to have genuinely attempted to come to an agreement through a dispute resolution service. The benefits of going this route are that you have more control over the process and it is much more affordable, not to mention quicker. So you can get on with your new life much more quickly when you work out an agreement with these people.

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Feb122017
bail-applications

What to Know about Bail Applications

LegalBy Espresso EducationFebruary 12, 2017

If you get into trouble and are arrested by the police, you may be granted bail. This only happens if you have not committed a crime of violence and the police think you will not re-offend in any way. If you have contacted a criminal law firm they will most likely apply for bail on your behalf.

In some cases the police will let you go after you’ve been charged without any need for bail. However, you must agree to attend court on the date set, whether you get out on bail or not. There are two types of bail; police bail and court bail.

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Jan22017

How to Start Divorce Proceedings

LegalBy Espresso EducationJanuary 2, 2017

Once a marriage has completely broken down, one or both parties usually file for divorce.  It is a good idea to consult with family lawyers to find out the best way to proceed. Most will tell you that there must be a separation of 12 months before you can start divorce proceedings. In fact, this cannot be done until 12 months and one day after the separation.

Fortunately for those people who would find it financially difficult to live somewhere else, a couple can be legally separated while still residing in the same home. The court may require proof of separation and this can be given in several ways.

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Aug152015
Consequences-of-Shareholder-dispute

The Consequences of Shareholder Disputes

Business, LegalBy Espresso EducationAugust 15, 2015

When you have a business with shareholders one thing you have to watch out for is a dispute between the shareholders and directors. This can arise if the shareholders don’t get much in the way of return for their investment and they blame the director for mismanagement. It is essential to have commercial lawyers, who know all about your business to try and reduce the damage as much as possible and get things back on track.

The consequences of not clearing the problem up are serious and can even be disastrous.

They can include:-

  • Loss of reputation and potentially, lost custom and income for the business
  • A great deal of emotional trauma for those involved
  • Loss of control for the director/s
  • Possible legal action against the company if it is found the director/s are doing the wrong thing
  • Litigation that can drag on for many months and cost more than you can pay
  • Dissolution of the business

Some disputes are simple and can easily be solved by firing the director if they have done the wrong thing. But others can be a great deal more complex and include many different factors that the directors cannot be held responsible for, such as a market downturn.

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Jun272011
Separation and Divorce

How to Get Through Separation and Divorce

LegalBy Espresso EducationJune 27, 2011

The break-up of a relationship is never easy to get through, but it is sometimes necessary, to get your life back together the way you planned for it to be. A family law firm can help you when you are at your wit’s end, not knowing what to do for the best. While there is much information online, a solicitor can give you advice that is specific to your unique circumstances and they can also support you.

It makes a big difference to be able to talk a problem through with a professional who knows all the legal ins and outs of the matter. They can explain all the ramifications of a certain decision, something that people may not understand fully because they are too close to their problems, as well as being emotionally upset about everything.

It is usually better to try and settle things out of court. For a start it is a speedier process and it is also a great deal cheaper. Having a solicitor on your side will facilitate matters and help you understand how you can proceed to get that separation and divorce underway with the least amount of strain and stress.

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