Introduction to Bankruptcy Law

Bankruptcy law relates to the focus area of law that covers bankruptcy, also known as insolvency.
In the event of bantruptcy, there are 2 parties involved, debtors and creditors. In the bankruptcy legal process, a court will make decisions on the estate (which refers to all assets & property) of the debtor (the individual or company that owes a certain amount of money) in the interests of the creditors ( the individual or company to which money is owed)

There are 2 types of bankrupty – voluntary and involuntary. In the event of voluntary bankruptcy proceedings, individuals or companies may seek bankruptcy because they see themselves in a financial situation that they cannot get out of. In the event of an involuntary bankruptcy, a creditor will force the debtor to seek bankruptcty as a means of returning any owed money.

Bankruptcy Solicitors/Lawyers

When faced with such a serious financial problem that you have to file for bankruptcy, perhaps the smartest and safest thing to do would be to let the professionals guide you through the process – this is where bankruptcy/insolvency lawyers will greatly assist you.

Intellectual property rights relates to the areas of patent, copyright, trademark and business, and certain aspects of other parts of the law, such as licensing and unfair competition.

Intellectual Property Rights protects the works of the human creativity. Patent law protects inventions and discoveries, for example, new products and processes. Copyright protects the works of the author, for example, music, games, maps, and literary works, including computer programs.

Trademark Law protects trademarks and other marks, the source of goods and services. Trade Secret Law protects any confidential business information. The law allows the holders of licenses for patents, trademarks, copyrights and trade secrets to share with others on the basis of reciprocity.

The different focus areas of intellectual property law are frequently interlinked, and quite often there is a large amount of overlap. As an example, a new method for treating viruses in animals could be protected as a secret before patenting. To give another example, copyright and patent law are applied in inventions relating to software.

Intellectual Property Solicitors

Intellectual property solicitors (also known as intellectual property lawyers) combine their skills with other competencies in technology, economics and art.

Intellectual property solicitors are varied in that:

• they are writers, for example, they write the patent applications and licensing agreements and legal documents that lawyers from other project
• they provide consulting, for example, their opinions, advising whether a particular piece of intellectual property can be patented, copyright or a registered trademark, and that the best form of protection that it should have.

• Similarly, they can provide advice on infringements relating to patents, trademarks or copyrights.
• Patent solicitors frequently are scientists or engineers with technical training that helps them understand that an invention is truly unique

The practice of intellectual property law is a profession based on the people. The lawyer works with a variety of clients, from the owners of small businesses to large multi-national organizations.

For many businesses, obtaining intellectual property protection is an essential part of coming up with a new product.

Personal injury claims in Australia can result in the the risk of large legal costs for those people who intend to pursue a case. Personal injury solicitors/lawyers can help you avoid facing such expenses.

The likelihood of getting legal assistance is unlikely to be available to those who claim a personal injury compensation/payout in the event of a road accident or workplace-related injury. Legal aid cannot be obtained in any claim relating to personal injury.

The implication of this is that the claimant could potentially spend a significant sum of money to pursue such a claim, only to not win in court. Conditional fee structures can protect claimants against such a scenario from occurring

Conditional Fee Cases

Conditional fee cases are known to many as ‘no win no fee’ agreements. What this means is if case is thrown out of court you will not be liable for fees to your solicitor.

‘No win, no fee’ legal cases are not without their costs, however your solicitor could insist that you purchase “after the event insurance.” Purchasing such insurance prevent you being liable for opposition costs, should the case not go in your favour.

In Australia, you are not obliged to purchase “after the event insurance, (ATE insurance)” however consulting your solicitor is advisable.

Other Legal Expenses

Despite the premise of not having to pay legal fees there may still be other expenses that you will have to folk out for. In the event of a personal injury compensation claim, as an example, a complainant would almost certainly have to pay for accident and medical fees, court appearance fees and potentially expert witness fees. Such costs can become very significant and are not covered by the conditional fee agreement.

Prior to drawing up any contracts with your solicitor, you should initially ascertain the expenses and fees that you may be liable for. In addition, be sure to obtain a cost estimation for what their legal costs are likely to be.

Be sure to inspect the agreement very closely to determine if you are liable for any costs if the case is lost or a settlement cannot be decided – don’t let the small print get the better of you.

In the event of you losing a case, then you will not be required to pay the solicitors fees. If you win the case, then you will be liable for a success fee. This success fee is usually obtained from from the side that loses in court, however it is possible that the court decided that the loser is not 100% liable for all of your solicitors fees. In such a scenario, you would be liable for fees out of your own pocket.

Success Legal Fees

Prior to entering any agreement with a Personal Injury solicitors firm, you should definitely check the nature of their success fee. Find out the level of compensation that you think you would get in the event of a win. Be sure to ’shop around’ if you feel that the fees are too high – you will more than likely find a suitable solicitor within your budget

The fees that are charged by solicitors vary from firm to firm in Australia, so be sure to get a range of personal injury quotes

Before searching for a personal injury solicitor, you’ll need some understanding of what qualifies as a personal injury! The average layperson might be surprised to learn how broad the legal term “personal injury law” is. It goes far beyond protecting those who have suffered physical harm, protecting their good name, property, and rights as well.

The world is simply bursting with potential personal injury claims:

• Vehicular accidents injuries
• Slip-and-fall injuries
• Medical or professional malpractice injuries
• Defective product injuries
• Wrongful deaths
• Birth defects
• Slander and libel cases
• Tresspassing and nuisance cases
• Industry-related diseases
• Spinal cord injuries
• Head and neck injuries

are some of the injuries for which having a a personal injury solicitor might help. Anyone suffering a physical or psychological personal injury due to the negligence or unreasonably unsafe conduct of another may be entitled to a personal injury settlement.

Finding the Best Personal Injury Solicitors

If you think you have a personal injury claim, immediately look for a experienced personal injury solicitor. The time during which you can bring suit is subject to a statute of limitations. You’ll also benefit from quick action because personal injury cases can drag on for years.

Ask your relatives and acquaintances for recommendations about personal injury solicitors. Perform an online search for the names of nearby personal injury lawyers. Visit their websites for information about their personal injury case experience.

After collecting some promising names, check further with the Solicitors Regulation Authority website. It will provide a list of any regulatory actions filed against specific personal injury lawyers.

When you’re satisfied with the experience and backgrounds of a few solicitors, prepare some questions for each and call their offices for appointments. You can tell a great deal simply from the manner in which your telephone call is handled. Whichever personal injury solicitor you choose, you will be working with his or her staff throughout your case so it’s important that you’re treated courteously and professionally.

The important thing to establish with your initial interviews is the number of cases similar to yours which each solicitor has handled. Solicitors with more experience will be the most familiar with the best researchers and expert witnesses to help your case.

Remember that insurance companies would much prefer to settle all personal injury cases outside of the courtroom. Be sure to ask each solicitor you’re considering how many cases he or she has brought to trial, and of those, how many he or she has won. Personal injury solicitors with a record of success in court will usually be offered larger out-of-court settlements simply because insurance companies do not want to risk high jury awards.

Understanding Personal Injury Case Fees

Finally, ask your potential personal injury claim solicitors how their fees will be paid. The standard fee arrangement in personal injury claims cases is known as a “no-win, no fee” arrangement. What this means is that your solicitor will pay all the up front costs of preparing your personal injury case and negotiating a settlement, as well as the cost of trial if things go that far. This is also known as a “contingency basis.”

Your personal injury solicitor will keep a pre-determined percentage of your gross settlement as an lawyer’s fee. Your settlement will also be reduced by the amount of your court costs, and other out-of-pocket expenses paid for by your lawyer.

A personal injury can turn your life inside out in the space of a second. You deserve the best personal injury solicitor you can find to help you recover!

Nobody assumes that it will one day be necessary to hire a divorce lawyer while walking down the isle or saying, “I do”. The reality of divorce is that is it a traumatic experience that typically involves hurt feelings and delicate issues. For this reason, when a couple has grounds for splitting it is imperative that they find a good divorce lawyer, who can handle the matter with skill and tact.

Introduction to Divorce Law

Any good divorce solicitor will tell you that in order to be divorced in Australia, you need to have been separated for at least one year.

You can apply for divorce if you:

* regard Australia as your home and intend to live in Australia indefinitely, or
* are an Australian citizen by birth, descent or by grant of Australian citizenship, or
* ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

In order to divorce, you must prove to the court that your marriage is beyond repair by attesting to one of the following:

A. Adultery by your husband or wife.
B. Unreasonable behavior by your husband or wife.
C. Desertion for two years.
D. Two years separation with agreement.
E. Living apart for five years.

If one of the above is true, you can proceed with petitioning the court for a divorce. There are many forms to fill out and you will be required to provide personal information and a certified copy of your marriage certificate. Your spouse will be served with your divorce request, which they can sign in agreement, contest or ignore. In the end, if the judge decides that a divorce is in order, there are still matters such as asset distribution and child custody that need to be worked out.
Experienced divorce solicitors know the ins and outs of divorce law and can walk you through the process one step at a time. In addition, if your spouse decides to contest the divorce or intends to fight you for custody of your children, a skilled solicitor will be your number one asset in obtaining a fair judgment.

How to Find a Good Divorce Lawyer
Apart from a referral from a trusted friend, colleague or family member, the internet is the best place to begin your search for divorce lawyers in your area. Simply typing a few key words into your favorite search engine will yield a lengthy list of solicitors from which to choose.
You would be wise to spend some time researching your prospective solicitors before settling on one to represent you. The best divorce lawyers will have a great deal of experience in dealing with divorce law and will be able to show you an impressive record of accomplishment. Do not settle for less than the best divorce lawyer that can be retained within your means, as a fair settlement depends largely on your choice of representation.

Legal Costs

During the process of petitioning for divorce, you will be required to pay various fees to the court. In addition, retaining a lawyer for divorce will require a further expenditure. There is no rate that is set in stone, as costs all depend on how long and complicated the case ends up. If you wind up with a custody struggle, family divorce lawyers are your best bet. Therefore, if you think there may be an issue surrounding custody, you would be wise to retain a lawyer that specializes in this field from the start instead of switching over to one only after things get complicated.
The good news is that a skilled family divorce lawyer understands the system so well that they can usually avoid unnecessarily lengthy divorce settlements. Skilled solicitors can advise you of the laws that pertain to your case and can serve as a buffer for you while navigating the troublesome waters of divorce.

In Australia, the process of legally transferring property from one person to another is referred to as “conveyancing”. Essentially, then, it refers to the transaction of buying or selling property – and all of the steps that go into it. For instance, a couple who are looking to purchase a home will have to go through the conveyancing process before they can move a single item into one. Someone who wishes to sell the home that they currently live in will, similarly, need to initiate the conveyancing process – and successfully complete it – before their property is legally considered “sold”.

What Is Involved In Conveyancing?

While conveyancing is – basically – the legal transfer of property, a lot more goes into the process than that. Although dozens of different things go into the process as a whole, it can be broken down into three primary stages which can help give you a broad outline of how it generally works. Stage one is usually when draft contracts are received and discussed. General enquiries regarding the contract and the property are received, and the formal offer of mortgage is received.

Stage two of the conveyancing process revolves around the exchange of the contracts. The contract will be signed, and a deposit is handed over to secure the transaction. The mortgage deed is received and signed by the purchasing party; final appraisals and/or searches are conducted on the property in order to ensure that everything is as promised and that no unpleasant surprises will await either party.

In the third and final conveyancing stage, the purchaser actually receives the keys to their new home. The necessary Stamp Duty is paid. Since this is the final stage in the conveyancing process, the complete transfer is arranged and completed with the relevant Lands Department. Once that is all done, the conveyancing process is generally considered to be complete.

Simplifying The Process: Conveyancing Solicitors

Despite the very broad overview outlined above, anyone can see that the conveyancing process involves a lot of legalities and the filing of many important papers. All of that is in addition to the complicated processes behind those three basic stages. The reality is, few people have the time – or, indeed, the knowledge – to undertake this process alone. This is where conveyancing solicitors step in.

So, what do conveyancing solicitors actually do? Put simply, conveyancing lawyers – as they are also sometimes referred – undertake all of the complicated paperwork, filings, and other miscellaneous legalities so critical to the process on your behalf. This allows someone who is buying or selling a home to focus on readying the actual property, and leaves the more involved work to the solicitor.

Conveyancing solicitors assist you in obtaining the deeds for the property. They draw up and send out the initial draft contract to the relevant parties. He or she will complete a Property Information Form on your behalf as well. They also take care of much of the financial minutiae, allowing you to concentrate on other matters. And this is just a brief outline of the conveyancing services provided by such a solicitor; there are certain conveyancing lawyers who specialise in specific areas, as well.

Choosing A Conveyancing Solicitor

Choosing a conveyancing solicitor is best done via referrals from trusted sources. If this is not possible, one should seek out someone with a proven track record and quite a bit of experience. On the low end of the scale, however, a conveyancing solicitor will cost approximately $AUS 800. More experienced lawyers will naturally come with heftier price tags. You definitely do get what you pay for, so choose wisely.