Hi, How Can We Help You?

Location

Sydney & Parramatta

Call us

(02) 8084 2764
Enquire Here

Author Archives: clixpert@dev

Platinum Lawyers   →  Articles by: clixpert@dev

Property Settlement Basics at the End of a Relationship

Author By clixpert@devPosted on

Property Settlement Basics at the End of a Relationship

 

When two people are involved in a relationship (marriage or de facto) and they decide to part ways and end the relationship, both parties need to discuss the division of their financial assets among themselves.

This can include transferring the ownership of anything ranging from cash, real estate or any other form of property between the two parties. For example, if both parties may agree that the house goes to one of the parties who will pay the other party in cash for buying out their share in the house.

Whenever two parties have decided to end a relationship and separate, it is very important for them to get advice from a legal practitioner who specializes in family and property law. This will help you determine what you are entitled to.

 

Formalizing a Property Settlement

When both parties that were previously in a relationship, have reached an agreement on the settlement and division of property and other financial assets, it is very vital to make it legal and get it on paper.

Typically, there are two ways of recording an agreement between the two parties:

1. A Binding Financial Agreement (BFA)
2. A Consent Order

Both of these forms of agreements are almost the same, but the difference is that a Consent Order has been reviewed and analyzed by the Court, whereas a Binding Financial Agreement is merely an agreement between the two parties without the Court overseeing anything.

You should consult any expert family lawyer in Sydney to help you decide which form of agreement is the best for you.

Make Property Settlements Soon After Separation

If two parties who were previously in a relationship have not cut financial ties with each other, there is a possibility that either one of the parties can make a Property Settlement claim against the other.

This means that if you have acquired any new assets or have improved financial conditions after you were last in that relationship, all your new assets and finances are subject to a division, if a property settlement claim is made by the other party.

Another problem is the fact that if your partner sells or wastes any assets that were to become a part of the assets being divided, they will no longer be included in the settlement. The reason is that the Court cannot deal with finances and assets that don’t exist anymore.
Be sure to approach a reputable family law firm in Sydney to assist you with your property settlement. If you are in Sydney, Platinum Lawyers are the expert family lawyers in Sydney and can help you during these difficult times keeping your interest as a top priority when making a settlement. You can contact us at (02) 8084 2764.  for any queries or concerns.

Why Planning Wills for Blended Families Is Difficult?

Author By clixpert@devPosted on

Why Planning Wills for Blended Families Is Difficult?

 

It is harder for many people to make Wills because of their family structures. Those having blended families involving step children are usually hesitant about estate planning or making a Will as they worry that the process will be even more complicated and stressful than usual.

Planning a will for Blended Families

People re-marrying and having blended families is pretty common but one should not forget the importance of Creating a Will so your assets are distributed without any dispute amongst your loved ones and dependents after you die.

It is quite natural for people to want to ensure that their spouse is provided for after they leave the world, but they also want to provide for their children’s needs in the longer term, especially if their children aren’t yet grown up.

Messy? Stressful? It is!

But nowhere close to the consequences of not having a will drafted!

And what about those Do-it -yourself kits?

Without proper legal advice and the experience and knowledge the family lawyers at Platinum Lawyers have, the will you create with one of those do-it-yourself kits might not be legally enforceable and/or legally binding.
Leave your Estate Planning in the safe hands of experienced lawyers who are able to draft a will tailored to your individual needs and wishes. This would alleviate unnecessary stress and opportunity for a will to be contested and it has been drafted by a professional legal representative.
Speak to one of our family lawyers today if you want advice on drafting a will. Don’t put it off as you never know when you will need it. Our friendly family lawyers can also give you advice on Enduring Power of Attorney and Enduring Guardianship which are other essential documents clients will have us draft when drafting a Will. At Platinum Lawyers, we can offer a competitive fixed fee for all 3 documents as a package.
Also remember that it is very important to update your estate planning documents on a regular basis and especially if there is a significant change in your circumstances. There is no point having a Will that was drafted 10 years ago and doesn’t apply to your current situation.

If you have any further queries regarding estate planning, wills, property management, conveyancing etc, please feel free to contact Platinum Lawyers in Sydney and Parramatta for assistance. Call us at (02) 8084 2764. 

How to Make a Valid & Enforceable Will

Author By clixpert@devPosted on

How to Make a Valid & Enforceable Will

 

A Will that complies with the formal requirements of section 6 of the Succession Act 2006 (NSW) (‘SA’) will be admitted to Probate in the equity division of the NSW Supreme Court.

Who Can Make A Will?

Only a person over the age of 18 can make a valid Will unless:
(a) A minor makes a Will in contemplation of marriage;
(b) A minor who is married may make, alter or revoke his/her Will;
(c) A minor who was married may revoke whole or part of his/her Will that was made while he/she was married.

Elements of a valid will

Section 6(1) SA provides that a Will is not valid unless:

 

(a) It is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator (enduring power of attorney); and
(b) The signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
(c) At least 2 of those witnesses attest (certify the truth) and sign the Will in the presence of the testator (but not necessarily in the presence of each other).

Section 6(2) SA provides that the signature of the testator must be made with the intention of executing the will, but it is not essential that the signature is at the foot of the will.

NOTE: Under section 10 SA, the receipt of a beneficial disposition under the Will by the interested witness will fail (witness-beneficiary rule), unless the following three circumstances can be established:

1. Two other people who are not interested witnesses attest to the execution of the Will; or
2. All persons who directly benefit from the avoidance of the disposition consent in writing to the distribution of the gift under the Will; or
3. The Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily pursuant to his/her testament.

What Constitutes Writing

Pursuant to section 21 of the Interpretation Act 1987 (NSW), writing includes any way of representing or reproducing words in visible form. In Estate of Slavinskyji (1998), the deceased wrote his Will on the wall of his home in the presence of his neighbours. On an envelope, he wrote the name of another beneficiary and placed it in a crack of the wall. The Court dispensed with the formal requirements of a valid Will and admitted the writing to Probate (see dispensing powers post) because the circumstances and words used by the deceased left no reasonable doubt that he intended the writing to constitute his final testamentary wishes.

At Platinum Lawyers, we have highly experienced solicitors who are able to assist you with your will preparation. If you would like us to engross a will that effectively expresses your testamentary wishes, please do not hesitate to contact us on (02) 8084 2764. 

How Demerit Points Work In The Holiday Season

Author By clixpert@devPosted on

How Demerit Points Work In The Holiday Season

 

As we all know that when holiday season draws near, more and more people start to go out. People are celebrating and going out to shop for gifts, decorations and other things that they might need for Christmas, Boxing Day or for the New Year’s.

The increased number of people going out means there is an increase in traffic on the roads and it gets a little crowded. Moreover, the law enforcement officers are also more vigilant in the holiday season because of the potential damage a traffic offence like speeding or drunk driving might cause. To encourage drivers and riders to obey the traffic laws more strongly, the Roads and Maritime Services (RMS) department has introduced a period of time, when the penalty for breaking the laws of the road are more severe.

Usually, whenever you commit an offence, demerit points for that certain offence are added to your driving record. If you reach the limit of demerit points within a 3-year period on your respective license type, the RMS can suspend or refuse to renew it.

What’s Different About Demerit Points In The Holiday Season

The Roads and Maritime Services has a double demerit points period to encourage drivers to abide by the laws of the road and encourage safe driving in the holiday season. As this holiday season starts with Christmas and ends on New Year’s Day, the double demerit points period specified starts from the midnight on December 22nd 2017 to January 1st 2018.

Double demerit points means that if you were to break any road law and it had 2 demerit points for that certain offence to be added to your driving record, in this particular time period the demerit points added will be double the normal amount. So you will having 4 demerit points added instead of 2 to your record.

This double demerit point system applies to certain types of offences which includes:

  • Use of mobile phones while driving
  • Riding without helmet
  • Not wearing your seatbelt
  • Exceeding speed limit

If your license is being suspended due to demerit points reaching their limit on your certain license type, you have a 28-day period in which you can file an appeal for your license at your local court.

At Platinum Lawyers, we have the best means available to prepare an effective license appeal application for you. We will prepare all the documents that are required and provide you with the Best Lawyers in Traffic Offences to represent you in court so you have a higher chance of retaining your driving license. For more information, call us at (02) 8084 2764. 

Key Differences Between A Lawyer And A Barrister

Author By clixpert@devPosted on

Key Differences Between A Lawyer And A Barrister

 

To the layman, barristers and lawyers seem to provide the same services with just interchangeable names. So is there a difference in both these terms? Do they do different work? There are actually some key differences between them, and Platinum Lawyers Sydney can help you decide what is more suited to your needs.

Lawyers in Australia

A lawyer is a term given to the person that has gone through all legal training and is now qualified to impart legal advice. This is used normally as a general term to cover everyone in the legal business. That will mean a lawyer is anyone that is a part of the legal profession – it can include both solicitors and barristers.

Different kind of lawyers specialise in different legal areas. For example, there are property lawyers, company lawyers, corporate lawyers, and so on. They have their own area of specialisation. Platinum Lawyers has a varied team that is experienced in both personal legal and business legal matters.

In short, “lawyers” can be taken as an umbrella term which refers to a licensed professional who can give advice on legal matters.

Barrister in Australia

Now a barrister is a kind of lawyer that specialises in court litigation. This distinct designation has been created in Australia in cases where a matter cannot be settled out of court. This is when lawyers called barristers are employed to engage in the litigation process. Barristers usually have a role where legal representation in the court is needed.

All lawyers usually go through the same kind of education, but barristers specialise in particular area of law so that they are well versed enough to give you the best advice when the court is involved. These are the lawyers that play a big part in the courtroom by providing evidence, cross-examining witnesses and pleading their client’s cases.

 

Now that you know the differences between both the terms, you can figure out who exactly you need in a particular phase of your legal issue. In shorter words, all lawyers are not barristers but the opposite is potentially true. Platinum Lawyers can help you in any type of legal matter you need assistance with. We are one of the leading law firms in Sydney with a trusted client base as evidenced by the reviews of our website. If you are in need of a lawyer for legal matters, call us at (02) 8084 2764. 

 

Wearing Thongs While Driving – Is It Illegal in Australia?

Author By clixpert@devPosted on

Wearing Thongs While Driving – Is It Illegal in Australia?

 

Traffic offences, such as driving under the influence of alcohol or drugs and speeding, are common knowledge. However, there are certain traffic laws that are not so well known. For instance, have you ever wondered about whether it’s illegal to drive in thongs in Australia? Are there laws in place that tell us what type of footwear is considered acceptable while driving? Are you unknowingly breaking the law simply by wearing the wrong footwear when you drive?

 

Driving in Thongs – What the Law Says

Technically, it is not illegal to drive wearing thongs. Having said that, you need to keep in mind that if an accident does occur while you’re behind the wheel, and it is deemed that inappropriate footwear was a contributing factor, then you could be in line for a Traffic Offence.

While they’re not illegal, it needs to be noted that thongs just don’t provide the best grip on the pedals. There’s also the risk of them getting jammed underneath the pedals. Why risk your own safety and that of others on the road?

So, Is Driving Barefoot Safer?

The follow-up question to driving in thongs is whether it’s better to drive barefoot? What if you simply chucked your thongs and drove barefoot? Is that a safer option? Well, there are conflicting opinions on this. While advocates of barefoot driving claim that it is the safer option, many others disagree. Driving barefoot may require you to exert more pressure on the clutch, as opposed to wearing comfortable shoes that make it easier to distribute the pressure evenly.

According to the Australian Road Rules 2008, rule number 297 states that the driver should have proper control of a vehicle and take the necessary precautions to drive as safely as possible.

What’s the Best Option?

While there are no specific laws in place as far as footwear and driving are concerned, it makes sense to be smart and drive safely. The best option is to wear comfortable footwear that will not hinder your driving in any manner. This means no thongs, no high heels or other such footwear that could be a driving hazard. Whether you’re hitting the beach or going out someplace fancy wearing impractical shoes, keep a pair of comfortable shoes in your car. Wear them while driving and change into your other footwear once you reach your destination.

 

Five Important Checks before Buying a Property at Auction

Author By clixpert@devPosted on

Five Important Checks before Buying a Property at Auction

 

The majority of properties in the Sydney region sell at auction. If you have been in search of a house in Sydney, you might have heard of this too. This can be really difficult for buyers as they have to make all the necessary checks before making a bid at the auction. That is why Platinum Lawyers suggest that you hire a Property Lawyer in Sydney so your time and money is well invested in a property.

Here are the top 5 important checks to make before buying a property at an Auction:

1. Title:

Before even thinking about making a bid for a property, check the property type and its implications for example, if it is a:
– cross lease,
– fee simple
– unit title
– leasehold.

2. LIM report:

A LIM report is a file with all the information the council has for the property. This is often supplied by the real estate agent to save potential buyers the cost of purchasing one from the council. A LIM report contains information like Code of Compliance certificates and any outstanding requisitions.

3. Property file:

If you suspect un-consented work has been done on the property, you may want to go into the Council to do a property bag inspection in addition to the LIM. Property Lawyers in Sydney highly recommend this so you can view the plans and ensure they match what actually exists.

4. Builder’s report:

Get the expert opinion of a building inspector before purchasing the property. A building inspector does all the necessary checks on the property like the moisture tests and provides you with a detailed report in the end.

5. Finance:

Before committing at an auction, get finance approval in writing from your lender as a pre-approval. Then ensure you obtain the bank’s unconditional loan approval for the property you are going to bid on.

Contact Us:

Platinum Lawyers are your local property lawyers in Sydney who are here to assist you with all the property related queries and help you make a worthy investment. Whether you want to buy a property or sell it, we deal in all including estates, building, lands and houses. Call us now at (02) 8084 2764.  for a free no obligations chat with our expert Property Lawyers.

Ever Wondered What Will Happen to Your Cryptocurrency When You Die?

Author By clixpert@devPosted on

Ever Wondered What Will Happen to Your Cryptocurrency When You Die?

 

Cryptocurrency has been the buzzword on everyone’s lips in recent times. There’s been a lot of speculation on the reliability and stability of such digital assets that operate on a decentralized, peer-to-peer network.

 

Some experts predict that the monstrous growth of cryptocurrencies such as Bitcoins is not sustainable and should not be trusted. Some others argue that cryptocurrency is the future, and that it’s just going through a volatile period now before it stabilises. Whichever side of the debate you’re on, it is always good to know more about any new technology that comes up, especially something as significant as cryptocurrency, and its relevance from a legal stand point. For instance, what happens to the cryptocurrency that you own if you suddenly die? Is there such a thing as Cryptocurrency inheritance? If yes, how does it work and what should you do with your digital assets to ensure that it gets passed on to your loved ones in the event of your death?

Advantage of Cryptocurrency

One of the biggest advantages of cryptocurrencies, cited by proponents, is the fact that they are not controlled by traditional financial institutions such as banks. But this advantage also comes with a downside. On the event of someone’s unexpected demise, it becomes next to impossible to track their cryptocurrency assets, to ensure that they get handed over to the next of kin. Currently, the only way to ensure that your cryptocurrency gets passed on to the right person is to include it in your will. Another complication with such digital assets is that they are stored in digital wallets, with many passwords, keys and other protection in place to keep them as secure as possible. So, unless one has all the keys and passcodes to access the assets, there is no other way to get their hands on them.

Transferring your Cryptocurrency

If you own cryptocurrencythat you want to be passed on to your spouse or children after your death, the best route to take would be to specify it in the will and provide them with all the necessary information. Of course, every care must be taken to ensure that the information is passed on in a secure manner, leaving no room for a security breach.
It’s early days yet, with the government still grappling with setting up laws and regulations in place concerning cryptocurrencies. When it comes to cryptocurrency and estate planning, the only way to go about it is to explicitly state your wishes in your will and provide the intended heir with the passcodes/keys to gain access to your cryptocurrencies. Failure to do so might meant that the cryptocurrencies will be lost forever, left unclaimed in the vortex of the digital world.

What makes a good lawyer, good?

Author By clixpert@devPosted on

What makes a good lawyer, good?

 

In the times we live today, fighting for your rights through proper means has become a very crucial thing. If you stay quiet about some kind of injustice done to you then you are by no means a good citizen, as first you will let the person attack you and while taking no action against it, that will give the person more confidence to continue in the act.

This ‘fighting back’ is done in court with the help of a lawyer. But with an inexperienced and immature lawyer at your side, you are likely to be on the losing side of the fight. There are several factors that make the Lawyers at Platinum Lawyers the best lawyers.

1. Good Communication

The lawyer must be concise and precise about what they write as well as say. It is mandatory that they are orally articulate with a perfect set of vocabulary that enables them to completely deliver the ideas they wish to communicate. It is vital that they be good at public speaking.

 

Moreover, other than the speaking skills, the lawyer must also be a good listener. So often times it happens that the lawyer hired ends up not fully understanding the requirements of the client and ends up embarrassing themselves as well as the client in the court. It is also vital that they are able to produce a precise set of legal documents that make perfect sense.

2. Good Judgement skills

It is vital that the lawyer hired must be the owner of a sound mind. They must be able to quickly judge the weaknesses in the argument of the opposition and be able to come up with a counter argument. The lawyer must also be able to draw logical conclusions from the limited amount of information provided or be able to make valid assumptions.

3. Research skills

Research skills require practise and effort. The lawyer, hence, needs to be hard working and knowledgeable. They should be able to effectively collect information according to the client’s requirements and come up with legal strategies. They must also be creative and persevering so that they are able to confidently tackle any hurdles or difficulties that are likely to arise during a hearing.

At Platinum Lawyers we offer concise and up-to-date advice to our clients. You can call us on (02) 8084 2764.  for any inquiries you may have.

Key Differences Between Family Lawyers And Criminal Lawyers In Sydney

Author By clixpert@devPosted on

Key Differences Between Family Lawyers And Criminal Lawyers In Sydney

 

Law is a very broad field with different areas having different experts. Family lawyers are quite distinct from criminal lawyers. Even so, in some instances they might overlap. You might find yourself in a situation where you cannot decide which lawyer you might need to hire, for example, in the case of divorce especially if domestic violence is involved.

This article examines key differences between family lawyers and criminal lawyers in Sydney. Platinum Lawyers Sydney is a firm that has expert lawyers from both fields – among other legal areas. You can contact us for any queries or confusion and our team will gladly assist you in giving advice about your particular case.

Family Lawyers in Sydney

Family lawyers deal with problems like divorce, separation, child custody agreements, and other such problems linked to breaking down of familial relationships – most commonly marriage. Family lawyers help you out with things you might not have considered, such as if you might be unsure as to what you are entitled to. Even if you hire a family lawyer, it does not necessarily mean that you must go to court. The family lawyer mediates between parties involved and usually reaches a mutually agreed upon agreement saving you major costs and headaches.

Criminal Lawyers in Sydney

In contrast, criminal legal services are required in case of an individual being charged with a criminal offence. A criminal offence is when an individual’s behaviour is considered unacceptable and harmful to the society as well.

There are two kinds of offences: Indictable offences, also known as felonies, and summary offences, also known as misdemeanours. Examples of cases where criminal lawyers need to be hired include assault, drug dealing, breaking and entering, fraud etc. Cases of domestic violence are usually handled by criminal lawyers, via Apprehended Violence Order (AVO). They are also called protective or restraining order.

How Platinum Lawyers Sydney Can Help

Platinum Lawyers Sydney is one of the leading and trustworthy law firms in the area of Sydney. We have established ourselves in the legal industry for over a decade, which has enabled us to gain experience and expertise in criminal law and family law matters. We provide you expert legal advice at the most reasonable cost.

You can call us at (02) 8084 2764.  or visit our website’s homepage. Our goal is to help our clients reach the best outcome in their circumstance, without burning a hole in the pocket over legal fees.

Grandparents’ Rights to See Their Grandchildren – What Does the Law Have to Say About It?

Author By clixpert@devPosted on

Grandparents’ Rights to See Their Grandchildren – What Does the Law Have to Say About It?

 

The bond between grandparents & grandchildren is special & quite unlike any other relationships. What happens when that bond, that connection between a grandparent and their grandchild, is threatened or severed? What rights do grandparents have, in the eyes of law, to see their grandchildren?
When parents decide to end their marriage by getting a divorce, it could sometimes adversely affect the grandparent-grandchild relationship as well. If a parent does not allow the grandparents access to their grandchildren, can the court intervene?

The Family Law Amendment Act 2006

The Family Law Amendment Act 2006 brought about important changes to the Family Law Act. One such change was that “children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development, including grandparents.”
What this means is that, if your relationship with your grandchildren is deemed essential for their wellbeing & development, then the court will take that into consideration when making decisions about the child’s living arrangement & visitation rights.


What Can You Do to Protect Your Relationship with Your Grandchildren?

Of course, there are things you can do to protect your relationship with your grandchildren.

Request to Be Included in A Parenting Plan

A Parenting Plan is basically a written agreement, signed by both parents. Most Parenting Plans discuss the children’s living arrangements, how important decisions regarding the child’s life will be made, & who the child/children communicate & spend time with. If you’re worried about how your adult child’s divorce will affect your relationship with your grandchildren, you can request to be included in the Parenting Plan. Clear guidelines can be set out as to the communication between you & the grandchildren & your rights to visit them or to have them visit you on a regular basis. Doing this will give everyone clarity & can help avoid a lot of friction & stress between concerned parties. Please note that Parenting Plans are not legally binding, although the courts will take them into consideration while making their ruling.

Getting a court order

In the absence of a Parenting Plan or when one or both parents refuse to allow grandparents access to their grandchildren, grandparents can apply to get a court order. Grandparents can cite that their relationship with the grandchildren is crucial for the children’s “care, welfare and development”, and hence they should be allowed to see, communicate & spend time with their grandchildren.

Strange Australian Laws That You Didn’t Know Exist

Author By clixpert@devPosted on

Strange Australian Laws That You Didn’t Know Exist

 

Are you a law-abiding citizen? Can you say with certainty that you’ve never broken the law? Before you answer “yes” to those questions, you might want to read this blog. Australia is home to some of the strangest laws in the world. Most citizens aren’t even aware that such weird laws exist. While the chances of you copping a fine or getting arrested over violation of one of these laws is slim to none, it is nevertheless interesting to know about some of the very strange laws that govern the land we live in.

1. Disrupting a wedding or funeral

In South Australia, according to Section 7A of the Summary Offences Act 1953, intentionally disrupting a wedding, funeral or religious service or procession could result in a $10,000 penalty or 2 years of imprisonment. So, if you’re the sort to get a little too drunk at a wedding and get too boisterous, suffice it to say you’ve broken the law.

2. Having more than 50kg of potatoes in your possession

No, this is not a joke. In Western Australia, according to Section 22 of the Marketing of Potatoes Act 1946, it is an offence to be in possession of more than 50kg of potatoes. What’s more, Police can actually stop and search any vehicle suspected of carrying more than 50kg of potatoes. A first-time offender could get a penalty of up to $2,000, while subsequent offences could cop a $5,000 penalty

3. Operating a vacuum cleaner at specific times

In Victoria, making unreasonable noise with a vacuum cleaner after 10pm or before 7am on weekdays, and 9am on weekends, is considered an offence. This is in accordance with Section 48A of the Environment Protection Act 1970 (Vic), as well as the Regulation 6, Environment Protection (Residential Noise) Regulations 2008 (Vic). Police or the council can order you to stop making noises, and failure to abide can result in a fine of up to $18,655.20, with an additional fine up to $4,663.80 per day for continued violations.

4. Splashing mud on public bus passengers

NSW motorists need to take care to avoid splashing mud on public bus passengers. Failure to do so can lead to a fine of up to $2,200, according to the Regulation 291-3, Road Rules 2014 (NSW).

5. Corresponding or engaging in business with pirates

In Victoria, according to Section 70C of Crimes Act 1958, corresponding or doing business with pirates is illegal and can result in 10 years’ imprisonment.

Most of these laws made sense when they were first introduced. But the fact that they’re still around is what makes the entire situation funny. Whoever said law is boring? While these laws may sound obscure and borderline funny, there are other legal infractions, such as Traffic Offences, that are no laughing matter. At Platinum Lawyers, we have experienced traffic lawyers who can help you get the best possible outcome for a traffic offence.

We can only give
what we have.

Author By clixpert@devPosted on

We can only give <br> what we have.

 

Understanding Domestic Violence is the key to ending it.

When a person is violent, what they want is empathy. Sometimes, we can’t give it, because we’re out of it ourselves. Understanding empathy, affirmation and their link to domestic violence is the key to ending it.

Domestic violence is something we have all engaged in

If we have folded our arms while talking to someone, we have been aggressive with them. It is passive-aggressive behaviour and it is violence – no matter how we wish to view it.

It is not useful to look down on anyone at the giving, or receiving, end of violence

What people need is help and support. They need to understand their problem, so they can acquire the knowledge they need to overcome it.

Help is available from trained psychologists, counsellors and community workers.

The steps one needs to take are as follows:

  1. Step 1 is to ensure both you and your partner are safe – if you feel your personal safety (it could be physical, emotional or social) is threatened, you will need to call the police. They are trained to intervene high-risk situations. Their early intervention may prevent bloodshed, and loss of what is most sacred, your life.
  2. Step 2 is to seek counselling – what the presence of domestic violence indicates is a lack of the awareness required to correctly match feelings to the source that is causing them. Many times, people feel angry, because they may not not treated right by their colleagues, their boss, their siblings, their family members or even random strangers. They may feel anger, which no-one can hold, indefinitely, as it hurts empathy and self-love. They may then demand this from their partner, who often, also lacks it. When they can’t get it, they may resort to violence and crime.
  3. An AVO can help – an AVO can assist to ensure that your safety is maintained at all times and that you are not at risk by the person you feel threatened by. At Platinum Lawyers, we can help you organise this.

Violence is not the answer, it never is

Violence is driven by anger, and it could be a path to the dark side. It could lead to hate, anger, violence and the vast canyon of disappointment that follows it.

When we understand domestic violence, we’ll resolve it

Platinum Lawyers takes no pleasure, whatsoever, in Domestic Violence cases. We would rather end domestic violence, than attend to its emotional debris in court. We are an available source that is there to be utilised when in need.

If you require any assistance regarding domestic violence, please contact us on (02) 8084 2764.  or fill in our form on the top left of this page and send it to us. We will contact you as soon as we are able to.

When we have an excessive need for affirmation, we can try and beat it out of the very person who gives it to us.

Author By clixpert@devPosted on

When we have an excessive need for affirmation, we can try and beat it out of the very person who gives it to us.

 

If we want to stop domestic violence, we have to first understand it.

There is nothing good, or kind, about domestic violence. But domestic violence, is not as astonishing as the reason that causes it. According to an article written by Psychology Today’s, Hara Estroff Marano, titled The Key to Ending Domestic Violence, what leads to domestic violence is affirmation – the overwhelming need, we can sometimes have for it.

Can you give, what you don’t have, yourself?

What research into domestic violence has found is that ‘the perpetrator of violence is in need of a level of affirmation and support that their partner may not be capable of giving at a point in time.’

This can lead to violence, rage and abuse that is physical, emotional, social or spiritual. In Australia, new immigrants need to be particularly aware of the law as it stands. Violence of any kind, including curbing the movements, or rights, any child or adult has legal access, or recourse to, is abuse.

You don’t have to put up with an abusive situation, you can leave it

Too often, victims of domestic violence feel like they have ‘no option’ available to them. However, In Australia, you have the right, not just the option, to be free and to live with the safety and dignity that our constitution and society guarantee you.

If you are in immediate danger, the police are your first port of call

Their first obligation is to ensure your safety. Once this is secured, a good legal firm like Platinum Lawyers can help you understand the legal options you have available to you. Taking out an Apprehended Violence Order (AVO) on your partner is the first of them.

An AVO is designed to protect you and your children

You can take out an AVO on a partner, someone you’ve been intimate or in a relationship with, as well as a neighbour or individual who is harassing you by stalking you.

If it is the circumstance that you would like to continue to live with your partner but would also like to have an AVO to protect yourself against physical, emotional or social violence, this can also be arranged.

At Platinum Lawyers, we understand your need for privacy and sensitivity

Domestic violence is not an issue any one wants to see publicised. With experience that goes back 20 years, and a success rate that is 99%, we give you the legal expertise you need, with the sensitivity and care you also do.

If you are a victim of domestic violence, please call us today for a free initial consultation over the phone on (02) 8084 2764.  or enquire online here at http://familylawyerssydneynsw.com.au

Know About Dividing Marital Assets After A Separation

Author By clixpert@devPosted on

Know About Dividing Marital Assets After A Separation

 

When a marriage or a de facto relationship has come to the point that the only way you hope to make things better is by getting a separation, there are a lot of things that come with it. A separation requires a lot of decisions to be made on your end of things, such as deciding about the “custody” of your children if you have any, or sorting out the legal matters of your divorce such as prenuptials.

Division of Marital Assets

Perhaps one of the most difficult decisions will be the division of your marital assets. A separatio

 

n entails that you and your partners will now go their own ways, and when you do, you will have to how the assets, as well as debts that you’ve got during your marriage, will be split.

Dividing marital assets can be difficult and a tricky task. That’s where Platinum Lawyers come in. We are one of the top family lawyers in Sydney, and we can give you numerous tips on the subject to prepare you for it.

Ways in which you can divide your marital assets at the end of a relationship.

1. You and your partner (former) can both come to agreement on how the property and debts should be divided, without having to involve the court. If both parties have come to an agreement on the terms, all there is to be done is apply for a consent order in the Family Court to legalise the agreement.
2. If you and your former partner can’t seem to come to terms on how the assets and debts should be divided at the end of a relationship, you can apply for financial orders including orders related to division of property or whatever your case entails, in the Family Court.

It is important to note that if you are applying for financial orders in the court, there is no set formula on how the property will be divided. No lawyer can tell you exactly about what the court will order, however a good family lawyer(s) like the ones at Platinum Lawyers can give you a good estimate about it. The court makes its decisions based on the unique facts of each case, so it is hard to gauge the exact outcome.

FAQ: How Platinum Lawyers Can Help with Dividing Marital Assets after a Separation

Q: Why is the division of marital assets considered a challenging task during a separation?

A: The division of marital assets is challenging due to emotional and financial complexities. Determining a fair and equitable distribution requires careful consideration of various factors.

Q: How can Platinum Lawyers assist in navigating the complexities of dividing marital assets?

A: Platinum Lawyers, as one of the top Family Lawyers in Sydney, provides valuable tips and guidance on the subject, preparing you for the challenges associated with dividing marital assets.

Q: What are the ways in which Platinum Lawyers can assist in the process of dividing marital assets?

A: Platinum Lawyers can assist by offering expert advice on negotiating agreements with your former partner. Whether you choose to reach a mutual agreement or need to file financial orders in the Family Court, their experienced family lawyers can guide you through the process.

Q: How can a mutual agreement on property and debt division be formalized without involving the court?

A: If both parties agree on the terms, Platinum Lawyers can assist in applying for a consent order in the Family Court to legally formalize the agreement without the need for court involvement.

Q: What if former partners cannot agree on how assets and debts should be divided at the end of a relationship?

A: If agreement cannot be reached, Platinum Lawyers can help you apply for financial orders in the Family Court, addressing issues related to the division of property or other relevant matters.

Q: Is there a set formula for property division in court-ordered financial orders?

A: No, there is no set formula for property division in court-ordered financial orders. The court makes decisions based on the unique facts of each case.

Q: How can Platinum Lawyers provide assistance if financial orders need to be filed in court?

A: Platinum Lawyers can guide you through the process of filing financial orders in the Family Court, providing estimates and insights into possible outcomes based on their expertise in family law matters.

Platinum Lawyers can help you out with the process, in any way you wish. Either you want to file financial orders or just want to legalise a Mutually Accepted Agreement, we are one of the best Family Lawyers in Sydney and have expertise in matters related to the Family Court. Contact us at (02) 8084 2764.  to find out more.

Know Your Rights: Do the Police Have the Right to Search You Without Your Consent?

Author By clixpert@devPosted on

Know Your Rights: Do the Police Have the Right to Search You Without Your Consent?

 

The law can help you. But for it to help you, you need to know your rights. For instance, if a police officer wants to search you, should you comply? Or do you have the right to refuse the search?

In the event that a police officer wants to search you, you have to options: consent to the search or refuse.

If you choose to consent, be sure to ask the police officer the reason for the search. It is also a good idea to note down the name, rank & the station of the police officer performing the search. And remember, just because you consented does not mean you can’t revoke your consent at any time during the search. If at some time during the search, you feel uncomfortable, you are within your rights to request them to cease the search.

In NSW, the police adhere to LEPRA – Law Enforcement (Powers and Responsibilities) Act. Any evidence produced as a result of a search is subject to the Evidence Act.

There are instances where a police officer may perform a search, despite your refusal, and in the absence of a warrant. These instances include when a police officer suspects:

  • You have something in your possession that is stolen.
  • You have something in your possession that was used or is intended to be used to carry out an offence.
  • You have, in your possession, a prohibited plant or drug.

When a police officer insists on the search, despite your clear refusal, the best thing for you to do is to stay calm and talk to them in a composed manner, questioning them about the legality of conducting such a search.

If the police officer commences the search without your consent, your best course of action is to remain calm. Avoid making any sudden or aggressive movements, as they can be construed as obstructing or resisting a police officer, leading them to charge you. Instead, keep your cool and note down the reason for the search. You can later seek legal counsel to help you with your situation.

Police officers can only search you without a warrant when they have reasonable grounds to carry out the said search. If you feel your search was unfair or carried out in a manner that was not in accordance with the LEPRA act, you can contact us for Legal Advice. Call Platinum Lawyers Sydney at (02) 8188 2310.

Business Lawyers Sydney & Parramatta – Contracts – Dispute – Debt

Author By clixpert@devPosted on

Business Lawyers Sydney & Parramatta – Contracts – Dispute – Debt

 

You can court disaster or a settlement

Sometimes, a lawyer’s letter is all you need to get a company, partner, vendor or person’s full and focused attention. Businesses don’t always go as planned. And when this happens, a legal settlement may be necessary. Things don’t always have to go to court. Sometimes, legal teams can settle matters quicker than a lengthy legal process can or will.

Platinum Business Lawyers has both cases and experience on its side

As business Lawyers, we have fought and won 99% of all cases we have undertaken in the last 10 years we’ve been in business.
If you believe you have to a right to a claim in any of the areas below – personal injury, defamation, commercial or business dispute, debt recovery, insolvency, contract disputes, intellectual property rights or others – we can help you understand if you have a case and if you should proceed with it.

Both professionally and academically qualified

Having an academic only qualification in business is rarely adequate to make the difference clients seek. But having both professional and academic qualifications means we can provide our clients with backup few others can.

Who is liable if you slip up?

Let’s look at a case to understand this better. Let’s say ‘you’re a business and you have an employee who is different to the way your other employees are and are subject to bullying and ridicule and as a business owner, you did not intervene to stop the bullying. In this country, your business could be liable to pay the employee a reasonable sum in damages. This could be $10,000 or more.
The duty of care – a concept all employers need to be aware of
The duty of care is a legal concept to employees regardless of whether they are full time or not. In airline travel, for example, even a person is a consultant and sent on official business, the company they are consulting to is responsible for their safety. So, even your travel and other internal policies are something you should get a legal company like ours to review and certify as ‘above board’ by us.

A leading light where the law is concerned

Platinum Lawyers is widely regarded by the business community as being professional and competent. Trusted, we prefer ‘negotiated settlements’ to legal action. However, if we need to act with decision and speed, we will not hesitate to.
If you would like to learn more about our services or meet up with one of our team representatives, please call us on (02) 8084 2764. 

Want To Start An Online Business? E commerce Lawyers

Author By clixpert@devPosted on

Want To Start An Online Business? E commerce Lawyers

 

So, you want to start an online business: You have a great idea for a product, or maybe the product is ready, and you just need a platform to sell it. Maybe you already sell your products at weekend markets, but you want to take your business to the next level. Whatever you plan to do, you inevitably wonder to yourself: are there any legal requirements I must work through If I want to start an online business?

The short answer is: yes. Most of the legal requirements are the same for any real business. After all, in this day and age, if you want a successful business establishment, there is no escaping using the web as a selling platform.

The following are five legal requirements when starting an online business

REGISTERING A BUSINESS NAME

In Australia, you are required to register your business or company name online before commencement. This involves getting a business number (not to be confused with an ABN – we’ll talk about that in a minute). Registering differs depending on whether you are a sole trader, a company, trust or partnership. You can register your business name online at the Australian Government Business Registration Service, ASIC connect or a private provider.

REGISTERING FOR A DOMAIN NAME

There is a difference between a business name and a domain name. The domain name refers to the actual website address and if want you want to own website you are required to register for this as well. Some online businesses largely operate through e-commerce websites or applications such as Etsy, and although this has its benefits, it can also be limiting – particularly for coming up in online searches.

REGISTERING FOR AN ABN

If you are running a legitimate business online with the main reason to make a profit, you need an ABN (Australian Business Number) and it also ensures you can register a domain name in Australia.

REGISTERING FOR A TRADEMARK

A trademark is defined by the Oxford English Dictionary as ‘A symbol, word, or words legally registered or established by use as presenting a company or product’. It is more than a logo and can be any original, defining feature that establishes your business or product’s identity. It can be an aspect of packaging, a number, a word or picture or a combination of each. In order to register a trademark online with IP Australia or a third party.

LICENCING AND PERMITS

Whether or not you need a license or permit for your online business largely depends on the product or service that you are selling. Food products might require a Food Business License. Some products, particularly those that are consumed may require product safety testing. Whether a bricks-and-mortar establishment or online, a legitimate business must sell products that meet safety requirements under Australian Consumer Law.

For business legal advice and assistance contact Platinum Lawyers today on (02) 8084 2764. or visit us at our office and talk to one our trusted business lawyers.

You Can Court Disaster Or A Settlement – Platinum Lawyers Can Help

Author By clixpert@devPosted on

You Can Court Disaster Or A Settlement – Platinum Lawyers Can Help

 

Sometimes, a lawyer’s letter is all you need to get a company, partner, vendor or person’s full and focused attention. Businesses don’t always go as planned. And when this happens, a legal settlement may be necessary. Things don’t always have to go to court. Sometimes, legal teams can settle matters quicker than a lengthy legal process can or will. So how we can avoid courting disaster?

Platinum Lawyers has both cases and experience on its side

As Lawyers, we have fought and won 99% of all cases we have undertaken in the last 10 years we’ve been in business.
If you believe you have to a right to a claim in any of the areas below – personal injury, defamation, commercial or business dispute, debt recovery, insolvency, contract disputes, intellectual property rights or others – we can help you understand if you have a case and if you should proceed with it.

Both professionally and academically qualified

Having an academic only qualification in business is rarely adequate to make the difference clients seek. But having both professional and academic qualifications means we can provide our clients with backup few others can.

Who is liable if you slip up?

Let’s look at a case to understand this better. Let’s say ‘you’re a business and you have an employee who is different to the way your other employees are and are subject to bullying and ridicule and as a business owner, you did not intervene to stop the bullying. In this country, your business could be liable to pay the employee a reasonable sum in damages. This could be $10,000 or more.

 

The duty of care – a concept all employers need to be aware of

The duty of care is a legal concept to employees regardless of whether they are full time or not. In airline travel, for example, even a person is a consultant and sent on official business, the company they are consulting to is responsible for their safety. So, even your travel and other internal policies are something you should get a legal company like ours to review and certify as ‘above board’ by us.

A leading light where the law is concerned

Platinum Lawyers is widely regarded by the business community as being professional and competent. Trusted, we prefer ‘negotiated settlements’ to legal action. However, if we need to act with decision and speed, we will not hesitate to.
If you would like to learn more about our services or meet up with one of our team representatives, please call us on (02) 8084 2764. 

How Much Does A Conveyancer Cost in Sydney?

Author By clixpert@devPosted on

How Much Does A Conveyancer Cost in Sydney?

 

The world of Property Settlements can be confusing and frankly intimidating. With lots of money being dealt with and a whole lot of Legal Jargon, one can feel like a duck out of the water. Luckily, there are people you can hire who can make the process go much more smoothly.
Normally, when seeking legal aid to deal with property matters, people will use the services of either conveyancers or solicitors. Conveyancers are professionals who specialize in the transfer and ownership of property whereas solicitors’ services may include property law but are not necessarily specialized in it. At platinum lawyers, we are known for having Sydney’s most reliable and affordable conveyancing services!

Who Is Cheaper: A Conveyancer or A Solicitor?

Generally speaking, a conveyancer is more affordable than a solicitor, as a solicitor’s expertise lies in a wider range of legal areas and may not specialize in property settlements. With that said, when the legal situation is much more complex, a solicitor will be able to provide expansive legal aid.

How Much Should I Expect to Pay for A Conveyancer?

The costs of hiring a Conveyancer can vary greatly between each business and will inevitably vary from settlement to settlement. In the most general sense, initial conveyancer fees can cost anywhere from $500 to $2200, though fees can also vary (this is just a ballpark figure). At Platinum Lawyers, are Conveyancing services are provided at competitive rates, and we have some of the best professionals in the field!

Disbursement Costs:

In addition to the initial fees of hiring a conveyancer may be other fees that a conveyancer needs to pay on your behalf. These are called disbursement costs.

Disbursements can include:

• Searches through various government and public bodies. For example: title searches, roads and land tax searches and planning searches
• Obtaining certificates and legal documents such as Local Council Building Certificates
• Arranging for building and pest inspections
• Administrative expenses including photocopying and attending settlements
• The registering of your mortgage
• Other Costs

Frequently Asked Questions

 Q. How Much Does A Conveyancer Cost in Sydney?

A. Property settlements can be complex, but at Platinum Lawyers, we offer reliable and affordable conveyancing services, specializing in the smooth transfer and ownership of properties.

 Q. Who Is Cheaper: A Conveyancer or A Solicitor?

A. Generally, a conveyancer is more cost-effective than a solicitor for property matters. While a solicitor provides broader legal expertise, a conveyancer specializes in property settlements, offering a more budget-friendly option.

 Q. How Much Should I Expect to Pay for A Conveyancer?

A. Conveyancing costs vary, but at Platinum Lawyers, our competitive rates typically range from $500 to $2200 for initial fees. These figures are approximate, and our professionals ensure excellent service tailored to your needs.

 Q. What Are Disbursement Costs in Conveyancing?

A. Disbursement costs are additional fees incurred by a conveyancer on your behalf. These include searches through government bodies, obtaining certificates, administrative expenses, and other necessary costs. Our transparent approach ensures you are aware of and comfortable with these additional expenses.

 Q. What Searches Are Conducted by Conveyancers?

A. Conveyancers conduct various searches, including title searches, roads and land tax searches, and planning searches. These searches provide crucial information for a smooth property transfer process.

 Q. How Do Conveyancers Handle Administrative Expenses?

A. Administrative expenses, such as photocopying and attending settlements, are part of conveyancing. At Platinum Lawyers, we manage these costs efficiently, ensuring a seamless administrative process during your settlement.

 Q. What Are Some Other Costs Involved in Conveyancing?

A. Other costs in conveyancing may include arranging building and pest inspections, registering your mortgage, and additional expenses specific to your settlement. Our professionals at Platinum Lawyers prioritize transparency in outlining all potential costs.

 Q. Why Choose Platinum Lawyers for Conveyancing Services?

A. At Platinum Lawyers, you are our top priority. We offer competitive rates, experienced professionals, and a commitment to ensuring your settlement proceeds without complications. Our friendly team in Sydney is dedicated to providing the best service.

 Q. How Can I Contact Platinum Lawyers for Conveyancing?

A. You can reach Platinum Lawyers by calling (02) 8084 2764 or through our free online consultation form. Our team is ready to assist you with any questions or concerns related to your property settlement.

As you can see, the costs of hiring a conveyancer will depend largely on your individual settlement. Here at Platinum Lawyers, you are our number one priority. We will ensure that your settlement goes without a hitch. Not to mention, we have the friendliest professionals in Sydney!

Contact Platinum Lawyers on (02) 8084 2764.  or through our free online consultation form.

1 2 3 4 5 6 7
Show Buttons
Share On Twitter
Hide Buttons