Why Those Advocating The Legal Regulation Of Drugs Believe Current Drug Laws Are Outdated

Posted on by EJH Law
Why Those Advocating The Legal Regulation Of Drugs Believe Current Drug Laws Are Outdated

Within the current legislation that applies to drugs, drug rehab can form part of many of the potential rulings a Court can make for someone convicted of a drug offence. Others include fines and imprisonment; in the case of the former, attending a drug rehab program can also be a stipulation of the Court.

The use of drugs and their legality, plus the punishment for drug offences, is a topic of often fierce debate. Those involved in those debates range from people who believe all drugs currently considered illegal should be legalised to those at the other extreme who say that even the medical use of CBD should be a jailable offence.

Thankfully, most people fall between those two positions, and it is those who wish to reform drug legislation and how we deal with drug use rather than those who want to keep the status quo that we will discuss here. Many believe that Australia’s current drug laws are outdated and, further, that they do very little to either stop drug use or end the criminal activities of drug manufacturing, selling, and distribution.

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10 Ways To Attract More Clients To Your Divorce Lawyers Business

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Given that an individual getting divorced is something which they may only do once in their lifetime, it stands to reason that divorce lawyers need a steady stream of new clients for their business to survive. If they do not have new clients asking for their services, there will come a point when their revenue declines to zero and for any business that signals the end.

So, if divorce lawyers want their businesses to flourish it is beholden on them to seek ways to attract prospects who hopefully become paying clients. This leads them to the question “Where can I find these new clients?”. To help answer that question, below we have outlined ten ways divorce lawyers can attract new clients to their business.

Guest Blog Posts: Look for local businesses that have blogs on their website. Contact the business owner offering to write one or more guest blog posts that will provide useful advice related to divorce and family law. In return, you request a link in the post back to your website.

Social Media: There are countless social media platforms online and some research may be required to identify those which your target audience use. Facebook is most likely to be one and here you can create a page, post useful advice, and link these to your website.

Email Marketing: Email is one of the most successful forms of marketing online, and it can work for any business. You attract subscribers by offering a free guide to divorce, for example, and then email your subscribers regularly with advice and tips.

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Why Parenting Orders Are Often The Last Resort During A Divorce

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Why Parenting Orders Are Often The Last Resort During A Divorce

Whenever a divorce occurs, it is in everyone’s interests, that the matter of the children is negotiated and agreed upon amicably. This is a pivotal role that family lawyers have when such as scenario arises, but as any of them will tell you, if their clients refuse to agree on the parenting arrangements, a court will most likely make a parenting order.

Parenting orders should always be seen as the last resort, as not only can they create a situation that neither parent is 100% happy with, there are also the additional legal costs that a court process involves.

The perfect scenario is when, despite them separating and proceeding with a divorce, the parents remain on reasonably friendly terms. If that applies particularly to their desire to protect and care for their children, then even better. What they can then do is create a parenting plan which they both agree to and commit to abide by.

As with any agreement which is simply made amicably, this is not legally enforceable, so should one of the parents decide that they are going to diverge from it in some way, then there could be a problem. Notwithstanding that, this is still the simplest and cheapest way to proceed.

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How Is Spousal Maintenance Calculated During A Divorce?

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How Is Spousal Maintenance Calculated During A Divorce?

One of the most crucial aspects of a divorce that you will want to discuss with your divorce lawyer is that of spousal maintenance. That stands whether it is you who is going to be in receipt of spousal maintenance, or it is you who is going to be paying it.

Often clients confuse the term alimony with spousal maintenance, no doubt because alimony is the term used in so many movies and TV shows when divorce is part of the storyline.

The fact is, alimony is a legal term used in the USA, and while it may have the same meaning in the sense that one person has to pay money to their divorced spouse, the term we use in Australia is spousal maintenance.

In terms of who can apply for spousal maintenance, this can be either spouse if the couple is married, or one of the partners in a de facto relationship.

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What Sort of Cases do Employment Lawyers Deal With?

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What Sort of Cases do Employment Lawyers Deal With?

Unfortunately, Australian employment law can be quite confusing, and even the best-informed employers and employees can get confused. However, you can rest assured that if you’re having legal issues or need legal advice related to the workplace, speaking to an employment lawyer will be a good place to start.

In the rest of this article, we’ve outlined some of the most common cases that employment lawyers deal with. Remember, this is meant as a guide only, and doesn’t constitute legal advice or recommendations.

Discrimination and Harassment

One of the most common things employment lawyers have to deal with is discrimination and harassment cases. This can range from sexual harassment to racial discrimination, and includes everything in between as well.

As you probably know, workplace discrimination and harassment are serious matters and 100% illegal in Australia. Some examples include:

  • Being given certain jobs because of your race or gender.
  • Being told you can’t do something because of your race or gender.
  • Being continually teased or mocked because of your race or gender.
  • Being sexually harassed at any time, including both verbal and physical harassment.
  • Being bullied for any reason.

Unfortunately, discrimination and harassment are more common than you might imagine. If you feel you’ve been a victim, we encourage you to take action as soon as possible to prevent things escalating.

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How Will Clever Estate Planning Help My Family?

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How Will Clever Estate Planning Help My Family?

Estate planning is a crucial consideration for those with significant amounts of or complicated assets. Similar to seeing a financial planning professional, effective estate planning allows you to gain maximum tax benefit from your assets in the event of your passing.

At the same time, estate planning can make things a lot easier for your family and close friends if you do happen to pass away unexpectedly. No one plans to die, but accidents do happen, so it’s worth being prepared, making sure your children are looked after.

With this in mind, Estate Planning and Family Lawyers Robertson Hayles put together this list of ways clever estate planning can help your family. They include:

Estate Planning Helps Ensure The Right People Get The Things That They Are Meant To

Creating a high-quality estate plan is crucial to make sure that your assets go to the intended beneficiaries. You don’t have to be rich to benefit from estate planning – many middle class families also have detailed estate plans in place nowadays.

Unfortunately, if you haven’t got a clear estate plan complete with meeting a lawyer and making a will, there will probably be people who try and take more than their share of your estate when you pass away. This can take away from the people you would want to benefit like your spouse and children, and can make for an uncomfortable situation for all.

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Am I Covered By Workers Compensation?

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Am I Covered By Workers Compensation?

Workers compensation is a form of insurance that employers are required to take out for their workers. If an employee is injured on the job, they will usually be covered by their workers comp, allowing them to receive income replacement payments while they rest and recover from their injuries.

However, Australian workers compensation laws aren’t always as simple as they seem. Cases where injured employees have to use a commercial lawyer or legal advisor to attempt to gain workers comp are relatively common, and many employers and insurers are reluctant to approve and pay workers comp without a fight.

With this in mind, this article will provide a quick overview of workers compensation in Australia and when you’re eligible for it. Note that workers comp laws vary according to your state, so this article is intended purely as a guide.

Who Is Covered By Workers Compensation?

Basically, anyone who is employed directly by another person, business or commercial entity should be covered by workers compensation insurance. This includes people on full time, part time and casual contracts, as well as people working on piece rate or commission contracts. In some cases, contractors and subcontractors are also covered, but not always.

On the other hand, someone who works for themselves can’t cover themselves with workers compensation insurance. This applies to people like freelancers, tradespeople running a business and other self-employed people working under an ABN.

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How Can I Ensure Payment As A Subcontractor?

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How Can I Ensure Payment As A Subcontractor?

As a subcontractor or independent worker it can be hard to get paid on time. If jobs don’t work out, take longer than expected or cost more than expected, your employer may withhold payments until they get paid, putting you in a difficult position. However, it’s important to realise that you have a lot of rights as a subcontractor, and you can demand payment in some situations.

If you’re having trouble with payments from a contractor, client or other employer, you should consider consulting a commercial lawyer to determine what your best course of action is. In some cases, the simple threat of legal action will be enough to make sure that you get paid, but in other cases, you may have to take your client or employer to court.

What Do I Have To Do To Get Paid As A Subcontractor?

In theory, getting paid as a subcontractor or independent worker should be simple. Once you’ve completed a job, or at predetermined intervals, you will need to put together an invoice and submit it to your employer. Your invoice should be paid within a reasonable amount of time after you submit it, otherwise you’re entitled to take legal action or to seek legal advice from advisors such as pyntpartners.com.au.

Unfortunately, getting paid isn’t always this easy. If you’re working under another contractor, they may be waiting for the person that they’re working for to pay them. Although they are supposed to pay you as soon as possible, they will often put it off for as long as they can. This can place you in a difficult position, and can result in all sorts of issues when it comes to running your business.

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How Do I Choose The Right Keywords For My Legal Blog Posts?

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How Do I Choose The Right Keywords For My Legal Blog Posts?

Creating high-quality blog posts is essential for any law firm aiming to enhance its online presence. Partnering with an SEO agency can help you stay competitive in the legal digital space by optimizing your content and improving your search engine rankings. By consistently publishing well-written blogs, you position your firm as an authority and boost visibility among potential clients.

However, blog posts are most effective when they incorporate the right keywords. Collaborating with an SEO agency can ensure that your chosen keywords align with your firm’s specialties, location, and target audience. Focus on selecting keywords with lower competition that directly relate to your services and remain consistent in your content strategy. To get started, consider these three steps for choosing optimal keywords for your posts.

Step 1: Use a keyword research tool

Digital agencies advise that there is a wide range of different keyword research tools on the internet to help you with your SEO marketing. Most of them use search engine data and include information about how hard it is to rank for particular keywords, what the search volumes are for particular keywords, and how many people are using similar keywords.

If you want to use a keyword research tool, you need to identify a broad topic for your blog post. Let’s say that you want to write about immigration law. You would enter the term ‘immigration law’ into the keyword research tool, and analyse the output. Choose relevant keywords that are less competitive and which are related to your original input. Make sure that you choose similar words which can be worked into the same post.

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Setting Up Your Family Law Firm’s Facebook Page

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Setting Up Your Family Law Firm’s Facebook Page

Although social media marketing shouldn’t be the total marketing focus for family lawyers and law firms, you should always make sure that you’ve got two things – an active LinkedIn profile and a Facebook page for your business. Facebook is the world’s most popular social media platform, and your business will suffer if you don’t use it to some extent.

A huge percentage of people will search for businesses on Facebook before they contact them. If they can’t find your business, they will probably skip to the next on their list and ignore you. It is therefore very important to make sure that you’ve got a high-quality, active Facebook page for your law firm, otherwise, you will miss out on potential clients.

With this in mind, here are three of the best ways to optimise your law firm’s Facebook page and gain the most website traffic and the largest number of new clients possible.

  1. Make sure you post new content regularly

The key to Facebook’s success is posting regular content. However, just posting nonsense isn’t good enough anymore – instead, you have to make sure that you post high-quality, engaging content that people actually want to spend time looking at.

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What Is Estate Planning?

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What Is Estate Planning?

Estate planning is a unique branch of law that is often included under commercial law. However, many law firms offer dedicated estate planning departments, allowing you to rest easy with the knowledge that you’re working with a team of experienced lawyers who will make sure that you get the most out of your estate plan.

Using advanced estate planning techniques, an experienced lawyer will be able to help you put your affairs into order in the event that you pass away suddenly. There are many reasons why you should consider using some form of estate planning, and many benefits associated with it. But first:

What Is Estate Planning?

Basically, estate planning involves putting together a comprehensive plan of what should happen to your finances, property and other assets if you die. In simple cases, estate planning won’t involve much more than the creation of a new will. However, for people with a lot of assets or investments, estate planning can involve a lot more.

For example, estate plans can help you set up trusts, identify how your superannuation should be treated and can even help your family avoid excessive taxes if you pass away. Using a good estate planning or commercial lawyer will make the planning process simple, and it’s something that everyone should consider.

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8 Ways to Fail – Things Not to Include In Your Contracts

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8 Ways to Fail – Things Not to Include In Your Contracts

Generally, lawyers are decent writers. However, the legal vocation is also one of the slowest to change of any of the professions, mainly because it is steeped in tradition. Unfortunately, when it comes to drafting contracts, tradition is not always the best.  Unnecessary, inaccurate, and useless terminology and phrasing creep into legal documents and infuriate clients who expect family lawyers to draft documents an average person can read and understand.

Also, most lawyers learn by imitating the habits of other, more experienced lawyers, who in turn learned their skills from even older lawyers.  For these reasons, many good lawyers often produce contracts that are full of poor drafting.  This article will point out of few of the pitfalls every lawyer should consider.

  • “Herein” should be “Here-OUT” – This type of compound word should be avoided at all costs; it is unwieldy and unnecessary. “Herein” is an inherently ambiguous word because it could mean: ‘in this sentence’, in this paragraph, or ‘in this contract’.  And ambiguity is the kiss of death in contract drafting.
  • Provisos – Provisos take the form of wording that looks like this: “Provided that”, “provided further”, “provided, however”, etc. These are inherently imprecise and always evidence of poor drafting.  Provisos entered the English language centuries ago and were used to separate sections of statutes but what a proviso means in a contract is unclear.  Provisos have been held to create: a condition, a duty, a limitation, an exception, and an additional requirement.  With so many possibilities, these phases should be avoided at all costs.

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Crucial Facts About The Crime Of Bigamy

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If you were to do some research into marriage customs and laws around the world, you will discover that there are several where being married to more than one person is perfectly legal, and indeed, part of the tradition of that country, culture, or religion. Known, as polygamy or bigamy, under our criminal law, this practice is not legal in Australia and is a criminal offence under the Marriage Amendment (Definition and Religious Freedoms) Act 2017.

This Act changed the definition of bigamy laws to refer to the marriage of two people, whereas the previous law referred to a man and a woman. The 2017 Act altered the definition to include marriages between two people of the same sex which became legal in Australia as part of the same legislation.

Declaration Before Marriage

Before someone gets married they must complete a declaration that there is no legal impediment to the marriage taking place. Upon signing this declaration the individual is agreeing to the following:

  • They are not already married to someone else
  • Their relationship is not prohibited
  • They and the person they are marrying are the legal age to be married
  • The person they are marrying is not a close relative (child, adopted child, grandchild, sibling, parent, grandparent)
  • There are no other legal impediments to the marriage

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All You Need To Know About Director Identifier Numbers

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One of the common queries which commercial lawyers often receive from those who have just become, or are about to become, directors of a company, relates to Director Identifier Numbers (DINs). It is not just new directors who raise questions about DINs. Given that it is a relatively new requirement, some who have been company directors for years are also unclear on what DINs are and how they should comply with the applicable legislation, so what follows should help.

What Is A Director Identifier Number (DIN)?

A Director Identifier Number is a 15 digit number that enables individuals to be identified on public registers where legislation states that a director of a company must be identified. The difference that a DIN makes is that instead of a company director’s personal details such as their name, address and date of birth being published, their DIN is published instead.

When Were DINs Introduced?

All company directors were required to confirm and verify their identity with Australian Business Register Services (ABRS) starting from 21st November 2021. Once their details are verified, each company director will be issued with their Director Identifier Number which is unique to them. Below are further details of relative dates concerning when you must apply and the differences depending on which company legislation is relevant.

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Your Rights To Minimum Guarantees During Criminal Proceedings Against You

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Within criminal law, you will often hear people talk about “the rights of the accused”. Whilst it might not seem fair to those who are victims of crime, the criminal justice system would not be robust as it is if there were no elements in place that ensured everyone who is charged with a crime gets a fair hearing or trial.

Australia is a signatory to several global human rights treaties, and some relate to the right of everyone to receive a fair trial and the presumption of innocence. The elements within these treaties that address these are minimum guarantees. Minimum guarantees represent minimum standards and core rights that anyone who is facing criminal prosecution has a right to. Here are the most significant ones.

To Be Informed Promptly Of The Charge

The intention behind this can be found in other minimum guarantees as they seek to ensure that everyone has the time to prepare their defence. In practical terms, it means they are told what law they are accused of breaking.

To Have Adequate Time And Facilities To Prepare A Defence And To Communicate With Counsel

Whilst the nature of each crime and the complexities of it mean it is improbable to stipulate an exact time frame for every trial, nevertheless, this speaks to the right of every accused to be able to defend themself against the charges against them. This prevents prosecutors from trying to rush a trial or a defendant not having time to gather evidence for their defence. It also allows the accused time to consult with their criminal lawyer.

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Cross-Examination: Psychology in Practice

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Cross-Examination: Psychology in Practice

A variety of psychological factors come into play when lawyers cross-examines a witness. It is often not what questions are asked, but how they are asked, and to what end they are given. A few important principles are:

  • The Doctrine of Completion: As a general rule a listener (e.g. a jury) expects to hear certain things from a presenter (e.g. a witness). The jury expects a coherent story and fairness (ie; facts and pieces of the story are not hidden from them). They expect the attorney and witness will tell a full and complete story, without hiding anything. The purpose of cross-examination then becomes to let the jury know that they attorney is fulfilling the requirement to have a complete and whole story, that fairness and completeness is the goal. The attorney is held out as someone is interested in the Doctrine of Completeness.
  • Self-Fulfilling Prophecies: An attorney can employ this tactic and become “prophetic” by providing the jury during Voir Dire and the opening statements facts and information that is then corroborated by the witnesses and documents they provide as evidence. The psychological advantage is gained when the information appears unknown or unexpected – as if the lawyer, and the lawyer alone – knew that it would be revealed. During closing arguments, it is critical to remind the jury that you predicted the information would come out, and that it actually was presented in court. The overall purpose of this tactic is to enhance the credibility of the attorney and to highlight and enforce certain key facts or elements of the case.

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

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

Any criminal charge is serious and should be taken seriously, but an assault charge can potentially carry significant penalties if it’s not dealt with properly. If you’ve been charged with assault or fear being charged with assault, then you need to speak to criminal lawyers so that they can help you explore your options and identify the best course of action to defend yourself.

If you don’t do things right, you could be found guilty in a court of law, resulting in imprisonment and significant financial penalties. With this in mind, we’ve compiled a short list of things you should do if you’ve been charged with or fear that you might be charged with assault.

Seek Legal Advice

The first thing you should do if you’re charged with assault is seek legal advice from a qualified criminal lawyer. Make sure you outline the facts surrounding your case clearly so that your lawyer can help you decide on the best course of action to reduce consequences if you’re found guilty.

Make Sure That You Understand The Different Types Of Assault

There are numerous types of assault in Australia, each of which carry different penalties. Assaults may be seen as ‘aggravated’ if the offender and victim are related, if a child was present during the assault or if the victim is older than 60 years. Aggravated assaults carry larger penalties than non-aggravated ones. The main types of assault include:

Common assault – This occurs when a victim receives minor injuries as the result of an assault. Common assault carries maximum penalties of 3 years prison and $36000 fine.

Assault occasioning bodily harm – If a victim’s injuries require medical attention, you may be charged with assault occasioning bodily harm. If this happens, you may face up to 7 years imprisonment and $36000 fine.

Grievous bodily harm – If an assault results in serious injury or has the potential to cause serious injury or death, you may be charged with grievous bodily harm. If this happens, you can expect a penalty of up to 14 years imprisonment.

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Effective Prenuptial Agreements

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Effective Prenuptial Agreements

In a general sense the purpose of any prenuptial agreements  in family law is to agree in advance on several key items in the relationship:  property division, debt, support for each spouse, and administrative items like attorney’s fees if the marriage comes to an end.

These types of agreements also reduce the stress and conflict a divorce might impose on each spouse, children and other family members.

Many people rely on a prenuptial agreement by itself, but it is important to remember that other estate planning documents should be referenced and included with the prenuptial agreement, such as: will, trusts, advance directives, etc.

Some information is critical to gather in preparing a prenuptial agreement.  For example, you should examine: Tax returns, debts, vehicle titles and registrations, Life insurance contracts, business ownership, investments and retirement accounts, estate planning documents, and recent bank statements.

The debts of each spouse should be carefully considered.  In some cases, if debt is not properly addressed in prenup a creditor might have the ability to seek payment from either spouse.  A prenup is a good opportunity to specifically limit your liability for your spouse’s debts if necessary.

Family Lawyers have told us that prenups can also deal with financial or other obligations during the marriage, as opposed to just addressing issues that might come up if the marriage ends.  Some issues that could be governed during the marriage might be: increasing benefits according to the length of the marriage or deciding what financial responsibilities each party will have,

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