Hi, How Can We Help You?

Location

Sydney & Parramatta

Call us

(02) 8084 2764
Enquire Here

Category Archives: Sydney Lawyers

Platinum Lawyers   →  Sydney Lawyers

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. 

Mobile Phone Detection Cameras Installed in NSW: What this means for Sydney motorists?

Author By clixpert@devPosted on

Mobile Phone Detection Cameras Installed in NSW: What this means for Sydney motorists?

 

Using a mobile phone while driving can cost you heavy fines, loss of demerit points and more. The NSW Police have made the laws stricter to crack down on the number of mobile phone usage related road accidents.

As such, it’s important to know what the road rules are in NSW when it comes to use of mobile phone while driving.

At Platinum Lawyers Sydney, we have put together a guide to the road rules about using your mobile phone while driving.

 

Unrestricted Licensed Drivers

For unrestricted licensed drivers in NSW, there are only two ways in which you are allowed to use your mobile phone while driving:

  1.     It’s on a Fixed Mobile Phone Mount: The first is if your mobile phone is secured to a commercially manufactured and designed mobile phone mount which is fixed to your vehicle and doesn’t obscure your view of the road. This can be used for such functions as answering phone calls, listening to music and navigation.
  2.     It Can Be Used Without Touching Any Part of the Phone: The second way you can use your mobile phone while driving is if it can be accessed without touching any part of the phone, such as via Bluetooth.

Unrestricted License Holders can use the mobile device for a variety of reasons including as a driver’s aid (navigation, speed advisor app and more).

All other uses of mobile phones while driving is illegal and can result in large fines, loss of demerit points and even loss of license. These other uses include video use, answering text messages, searching the web, emailing, social media and photography.

Learner and Provisional License Holders

Unlike Unrestricted License Holders, learner and provisional license holders are not allowed to use their phone in any way while driving, including answering calls hands-free or using their phone as a driver’s aid while it is secured to an accepted mount.

Acceptable Use of Mobile Phone in Vehicles

Although all other uses of your mobile phone while driving are illegal, there are situations where mobile phone use is legal while behind the wheel.

  1.     While Accessing a Digital Driver’s License on Your Mobile Phone: it is common that people will have a digital copy of their driver’s license on their mobile phone. This may only be accessed if a police officer has asked you to access it and provide it to them. Please note that it is illegal to access your phone before the police officer instructs you to do so.
  2.     Using Your Mobile Phone’s Wallet Functions: this includes using your phone to make a transaction, using it to gain access to an area and using it as a coupon or voucher. This is only allowed if the vehicle is stationed and off-road, such as in a carpark, drive-thru or driveway.

Bicycle Riders

Like full license holders, bike riders are permitted to use the mobile phone for certain functions, but the same rules apply: the phone must be placed in a secure mount that is commercially manufactured and designed and the phone must be accessed without touching any part of it. Such functions include answer phone calls, playing audio and navigation.

Mobile Phone Detection Cameras in NSW

As of December 1 2019,mobile phone detection cameraswere installed on NSW roads to curb the usage of mobile phones while driving. There will be warning letters given to camera-related offences, but repeated offences will receive a loss of five demerit points and a $344 fine ($457 in a school zone). This penalty rate increases to a loss of ten demerit points during double demerit periods.

Platinum Lawyers is Sydney’s trusted law firm, offering leading service for Family Law, Criminal Law, Business Law, Conveyancing & more.

Contact Platinum Lawyers Sydney today at (02) 8355 8020

 

How to Extend Your Australian Visa in Light of the Coronavirus Fear?

Author By clixpert@devPosted on

How to Extend Your Australian Visa in Light of the Coronavirus Fear?

 

With the Coronavirus fear gaining momentum with each passing day, Chinese tourists in Australia are desperately trying to extend their visas. Here is a guide from Platinum Lawyers on the visa and travel restrictions for Chinese people, international travellers and Australians.

How to Extend Your Visa in Australia if  You Do Not Want to Return to China?

Many Chinese tourists are hesitant to go back home to China fearing they will get infected with the coronavirus if they do.

If you wish to remain in Australia beyond the expiry of your current Australian visa, then you need to apply for a visa extension. It’s important to submit your application for further visa before your current visa expires. When you do that, a bridging visa may be granted to you, which will make it legal for you to stay in Australia while a decision is made on your application. For more information on extending your stay, visit the Department of Home Affairs website.

Information for Australian Citizens and Permanent Residents Travelling Back to Australia from Mainland China

If you are an Australian citizen or permanent resident travelling back from mainland China, you may be required to self-isolate for 14 days from the time of your departure from China. For more information on this and other travel restrictions, click here.

Temporary Travel Ban Due to Coronavirus Threat

If you have been to mainland China from February 1, 2020 and are neither an Australian citizen or permanent resident, then do not travel to Australia at this time. If you do attempt to do so, your airline may not allow you to board the flight.

The Department of Home affairs has advised International students and other foreign travellers notto travel via China when coming to Australia. Failure to follow this advice may result in the cancellation of their visas. Australian universities have made alternative plans for Chinese students affected by the travel restrictions. Chinese students are being offered online classes or an option to defer their studies until the travel restrictions are lifted.

Australians Stuck in Mainland China

If you are an Australian citizen or permanent resident currently stuck in mainland China and want to leave, you need to call the DFAT consular emergency line.

The Chinese and Australian Governments are working together in assisting Australian citizens and permanent residents back to Australia. Over 500 Australians and permanent residents have been brought back from China to Christmas Island till date, where they will be quarantined for 14 days. Once they are medically cleared, they will be free to return to their homes in Australia.

These travel restrictions are only temporary and will be resolved once the Coronavirus threat is deemed under control and no longer a threat.

 

Legal Advice: COVID 19 Response

Author By clixpert@devPosted on

Legal Advice: COVID 19 Response

 

It’s business as usual at Platinum Lawyers (NSW) Pty Ltd during the COVID-19 Crisis.

Our Staff are safely working from home where possible and available to provide the same Legal Services to you as always.

All face to face consultations will be conducted strictly in accordance with the recommended guidelines as well as offering consultations by video conferencing and telephone where preferred or required.

Our lawyers have the expertise to assist you in the following:

Call us on (02) 8084 2764 now to arrange an appointment convenient to you.

Prenuptial Agreement Lawyers: Why Do You Need One?

Author By clixpert@devPosted on

Prenuptial Agreement Lawyers: Why Do You Need One?

 

It’s a harsh truth that no one willingly wants to talk about prenuptial agreements before marriage. Many couples would feel uncomfortable thinking about what would happen if the marriage didn’t work out.

We can’t predict life’s ups and downs, especially their impact on a marriage. But a prenup can help a marriage by underpinning it with a sense of certainty and security. A Prenup agreement requires a lot of thought and must be done correctly. If you consider making a prenup, be sure to speak to an experienced family lawyer. You can contact the team of Platinum Lawyers for our expert advice.

What is a Prenuptial Agreement?

A prenup or also known as a prenuptial agreement is an agreement that a couple creates before they get married (or start living jointly as a de facto couple). A prenup is also known as a binding financial agreement (BFA).

 

Purpose of a Prenup

It’s an agreement that sets out what will happen to the belongings of each party, and the possessions of the relationship, if the marriage ends. Like a BFA, it can also deal with other problems such as spousal maintenance and child support. Property here refers to the assets and debts of both parties. For example:

• Money
• Shares
• Real estate
• Superannuation
• Mortgages
• Business assets
• Credit card debt

Why Do You Need A Prenup?

By preparing a prenup agreement, the couple agrees to divide their property if the relationship breaks down. The aim is to avoid the expense and inconvenience of involving the Family Court.

A prenup can also be relied on if one partner dies and their executor distributes their estate. Provided the prenup is valid, the executor must follow the agreement.

How Much Does A Prenup Cost In Australia?

Generally, an uncomplicated agreement should cost the parties no more than $5,000 in total. Also, each of you needs to be separately represented. If there are complexities like companies or trusts involvement, then you should expect to pay around $5,000 – $10,000.
However, the cost of a prenup can vary depending on topics like – are there children involved? Where are the assets? Are the assets real estate or in structures? How complex are the exclusions of assets? And so on.

Can I Write My Own Prenuptial Agreement?

It is not recommended to write your own prenup if you don’t have a legal background. A prenuptial agreement has to comply with the strict requirements of the Family Law Act.

The prenup (BFA) has to be in writing and signed by the parties entering the prenup. The spouse parties involved in the contract must each be advised independently. Your Prenuptial Agreement Lawyers must brief you about the agreement, and each must be given legal advice outlining the advantages and disadvantages of the contract before it is signed.

Why Should I Hire A Prenup Lawyer?

Choosing a prenup lawyer or an attorney who is well-versed in drafting and interpreting prenuptial agreements will be best to assist you with drafting the contract or representing you in a dispute.

Contact Us For Best Prenuptial Agreement Lawyers

If you’re planning to get a prenup, our team at Platinum Lawyers will be more than happy to assist you and provide legal advice that is best suited for your situation.

Call (02) 8084 2764

How Can Lawyers Help You With Wills & Enduring Guardianship?

Author By clixpert@devPosted on

Have you heard about wills and enduring guardianship and felt why do I need an enduring guardianship or a will per se? Many clients come to see us on a regular basis regarding their wills, and we always suggest that they put a Power of Attorney & their Enduring Guardianship in place.

Your Enduring Guardian can only act for you if you cannot manage these issues by yourself because of a disability or a possibility of a disability. That is when you should seek legal advice from a trusted firm. It is essential to appoint an Enduring Guardian when you can, as you never know when you might become incapable of making these decisions for yourself. The person you select must be someone that you trust to make these decisions in your best interests. Now let’s dive into the terms that you should be aware of while appointing a legal advisor for your Will or an Enduring Guardian.

What is an Enduring Guardianship?

First of all, an Enduring Guardianship and Advance Care Directive help document notifies what lifestyle and health decisions need to be followed when you don’t have the capacity to make them for yourself. An Enduring Guardianship document authorises someone to make lifestyle, health & medical decisions for you. This legal document can be made if you become ill or injured. An Enduring Guardian can control or decide:

  • Where you live
  • The health and personal services you get
  • And what medical treatment you get

Why Do You Need An Enduring Guardian?

If there is a chance that you might lose your mental ability & you’re unable to look after yourself, you will need someone to look after you. Typically, your next of kin or a near family member would take on this responsibility, but this may not be necessary depending on your family’s dynamics. To avoid confusion (or disagreement), you can appoint an enduring guardian through a legal document with the help of a lawyer. Whether you should think of appointing an enduring guardian is affected by various factors such as:

  • Your age.
  • Your health.
  • Your family record of mental illness.
  • Your concern about an accident or a misfortune.

Suppose you don’t appoint an enduring guardian, and there are conflicts between your family as to who can make decisions or who is responsible to take care of you. In that case, it can eventually lead to legal action and court proceedings. However, enduring guardianship doesn’t guarantee avoiding these complications but provides precise (and formal) instructions to those concerned.

 

What happens if you don’t appoint an enduring guardian?

If you cannot make decisions for yourself because of a disability, there are some judgments that family members can make for you, but not all. In that case, a close relative will need to apply to the Court to have an enduring guardian appointed for you.

Now, let us talk about Wills and why they are essential.

What Is A Will?

A will is a legally binding document that sets out how you want your assets to be distributed when you die. Wills aren’t just for people who own property or have surplus amounts of money. Making a will is a favorable step you can take to:

  • Provide for the individuals you care about.
  • Leave particular items to specific people.
  • Appoint someone you trust to carry out the instructions in your Will (your executor).
  • Leave any other instructions you may have (for example, about your funeral arrangements), or
  • Donate to a charity of your choice

Creating a will eliminates the doubts and difficulties that can occur when there is no evidence of the deceased person’s desires. Even if you don’t have too much money or don’t own a house, you may want to leave other valuable or sentimental objects such as jewellery, antiques, artwork, coins, letters, or photographs to certain people. After your death, your property and belongings are termed as your estate.

Why Do You Need A Will?

If you don’t have a will, you don’t have a say about how your estate is divided. For example, if you die without a will (called ‘dying intestate’), your estate will be distributed to your relatives according to a legal formula (intestacy rules). This could be very different from what you intended. Hence, a Dying’ intestate’ can cause complications, delays & extra costs for those left behind. For example, if you die intestate and don’t have any relatives closer than a first cousin, your estate and belongings will go to the government. A will only takes effect after you have passed. For example, if you want a close someone to look after or make decisions about your finances while you are still alive, but you are unable to do this yourself, you will need an enduring power of attorney.

Who Can Make A Will?

Anyone above 18 can make their Will as long as they have mental capacity. For example, a person with a mild intellectual disability or if they are in the early stages of dementia may still be able to make their Will if they have capacity at the time the Will is made. But in this case, we recommend having a trusted legal advisor on board to avoid any mistakes or complications.

Do You Still Need An Enduring Guardianship If You Already Have A Will?

Your Will only comes into the picture after you pass away. If you’re still alive but you’re mentally hindered, then you still need someone to look after you and make important decisions about your healthcare and finances.

Therefore, you need to appoint an enduring guardian to make those care and welfare decisions for you while you’re still alive. Of course, you can select the same person who is your executor in your Will, to also be your enduring Guardian. Still, their appointment as your enduring Guardian will be specified in your enduring guardianship document, as we explained earlier.

How Can You Make A Will & How Much Does It Cost?

Making a will (or enduring guardianship) can be simple and need not be expensive. A will must be signed and witnessed correctly to be legally valid. It is also crucial that your intentions are expressed evidently to reduce the chance of any argument later.

Therefore, it is best to have a trustee, a lawyer, and a Guardian’s company do your Will for you. While there are do-it-yourself will kits, it is recommended to get a professional to do your Will and Enduring Guardianship to ensure it is done properly and is suitable for your needs. A professional from Platinum Lawyers can also advise you on any tax matters you need to consider when drafting your Will.

Now that you know the basics about Will and Enduring Guardianship procedures, there are many other things to take into account while drafting both of these essential documents. You might come up with a lot of doubts and questions and our team at Platinum Lawyers will be there to help you out at any given time.

Call (02) 8084 2764 if you have any will-related or other legal issues in Sydney or Paramatta.

What Do You Need To Know If You Have Been Charged With Common Assault?

Author By clixpert@devPosted on

There are numerous forms of common assault charges in Australia, and the penalty varies depending on the severity of the offence. For example, even if the perpetrator has good criminal antecedents, an offender can be sentenced to an immediate jail term, and incarceration may be mandatory.

Experienced criminal lawyers, on the other hand, can assist you in formulating a defence strategy. Before we get into the specifics of ‘What Happens If You Get Charged With Common Assault,’ the following are a couple of things to remember:

What is Assault?

An Assault is an act that exposes a person to unlawful violence.

While most assaults include unwanted physical contact, an assault does not always have to be physical. All that is necessary is for the victim to anticipate physical contact. As a result, if someone lifts their fist to another person, even if the other person is not hit, it is still considered a form of assault. The distinction between “assault occasioning actual bodily harm” (and “assault” is the infliction of “actual bodily harm”.

 

There are several types of assault charges that you could face. Each one has its own set of consequences. These are the types:

1. Common Assault
2. Assault with intent (aggravated assault/circumstances of aggravation)
3. Assaults that result in bodily harm, as well as significant assaults
4. Sexual or Indecent Assault
5. Grievous Bodily Harm (GBH)

1. COMMON ASSAULT:

Common Assault includes the following behaviours:

● Kicking, Punching, Slapping or Raising a fist at someone as if to strike them;
● spitting on someone else;
● Threatening to harm someone else;
● hurling something (such as a bottle) at someone else (whether or not it makes contact);
● Putting someone under a physical restraint against their consent.

What Happens If You’re Accused Of Common Assault?

If convicted, an offender could face a maximum penalty of imprisonment of up to two years imprisonment and/or fine of $5,500.

The following conditions must be shown in court without a doubt to prove that a crime linked to common Assault has been committed:

● The accused applied force on the victim in some way.
● That the accused threatened another with immediate violence and this was done.
● The accused did
● The victim was not allowed to consent to the use of force.
● It was done purposefully or carelessly.
● The law did not justify, excuse, or authorise this act.

Defences that one might use

From the other side, here is a partial list of defences that an expert criminal lawyer, such as Platinum Lawyers, might recommend to avoid or reduce the severity of any penalties:

● Self-defence
● Provocation
● Lawful chastisement (correcting a child)
● Duress
● Necessity
● Intoxication

Which Court Will Decide This Case?

Common assault matters will most likely be heard in the Local Court.

2. ASSAULT WITH INTENT

A scenario that becomes more serious than if a crime had been committed is called “circumstances of aggravation.” For example, verbal abuse escalates to a physical attack of a more severe sort during a verbal altercation. The term “circumstances of aggravation” refers to a situation in which the criminal is:

● In the company of others or armed with a weapon
● the criminal injures, humiliates, or threatens to murder the victim
● The victim is between the ages of 13 and 16.

3. ASSAULT OCCASSIONING ACTUAL BODILY HARM

By definition, bodily harm is a criminal offence in which one individual causes pain to the victim and interferes with their health or comfort. Bodily injury includes wounds, bruises, burns, fractures, internal bleeding, disfigurement of any body part, and anything that causes a body part to malfunction, including mental health and more.

The degree of injuries determines the distinction between a common assault and an assault inflicting bodily harm. “Bodily harm” refers to small or temporary injuries, such as minor fractures or repeated bruises.

The prosecution must prove beyond reasonable doubt the following elements to prove an offence of “Assault Occasioning Actial Bodily Harm”.

• That the accused committed a physical act (touching, striking or applying force to another);
• The accused did so intentionally or recklessly;
• The accused did so without lawful excuse and
• As a direct result of that physical act the victim suffered a physical injury that is more that “transient or trifling”.

4. SEXUAL OR INDECENT ASSAULT

There are a few unique sorts of assault offences, all of which involve physical, sexual contact with someone else who doesn’t consent, or consent out of dread, or who is legitimately viewed as unequipped for giving consent because of their experience growing up.

There are several varieties of sexual Assault that carry severe punishments, including lengthy jail sentences. “Indecent” is any statute or the Criminal Code. However, the common law (case law) considers various elements, such as whether the Assault has a sexual connotation, such as a kiss that can be construed/ perceived as more than a social greeting or touching an indecent portion of the victim’s body.

Indecent assault penalties

Except in circumstances where minimum sentences are mandated by law, such as serious Assault, judges have broad discretion in sentencing offenders and depending on the nature of the offence and the offender’s criminal history, they can impose less severe penalties than those set down in the Criminal Code. For example, fines, suspended imprisonment, immediate jail, good behaviour bonds, community service orders, and probation are possible penalties.

5. GRIEVOUS BODILY HARM (GBH)

Grievous Bodily Harm is defined As any serious or permanent injury which causes long-term and ongoing problems for the victim.

Section 4 of the Crimes Act 1900 (NSW) includes examples of grievous bodily harm including:

• The destruction of the foetus of a pregnant woman
• Any permanent or serious disfiguring
• Any grievous bodily disease such as AIDS

Broken legs, a broken jaw, a catastrophic brain injury, the permanent loss of a body component, and more are examples. While Grievous Bodily Harm charges begin in the Magistrates Court, all Grievous Bodily Harm offences in Australia will eventually be heard by the District Court.

The severity of the damage will still be judged “likely to endanger life or likely to cause permanent injury to health” even if the victim receives medical treatment and recovers completely. The defendant, in this case, cannot defend himself against the assault allegations by claiming that the victim’s life is no longer in danger.

“Could I at any point be accused of attack without proof?” is the most often asked question about GBH.

NO is the answer. You must have prima facie proof of your crime to charge you with a crime. The prosecution must show the following to prove the crime of GBH:

● That the individual filing the complaint was a victim of GBH
● The person accused by the victim committed GBH
● The act of GBH was not justified, excused, or allowed by law, nor was it illegal.

What Is The Gravity Of A Typical Assault Charge On Your Life?

A criminal record for common Assault may impact your career, housing, university education, and even military service in Australia, depending on the severity of the offence.

What Options Do You Have?

Contact Platinum Lawyers, right away and based on your case, we can assist you with all forms of assaults.

Call us at (02) 8084 2764 to schedule your free 30-minute consultation.

Looking for Free Legal Advice? Secure Online Consultation with a Lawyer Today!

Author By clixpert@devPosted on

I. Importance of Seeking Legal Advice Online

In today’s fast-paced world, seeking free legal advice online has become an accessible solution for individuals facing various legal issues. The following points highlight the significance of this emerging trend:

  • Convenience and Accessibility: Online lawyer consultations provide individuals with the flexibility to seek legal advice from the comfort of their homes. This eliminates the need for scheduling appointments or traveling to a law firm, making legal guidance easily accessible to everyone.
  • Cost-Effective Solution: Traditional legal services can often be expensive, making it challenging for individuals with limited budgets to seek professional advice. Online lawyer consultations offer a more affordable alternative, allowing individuals to receive expert legal guidance at a fraction of the cost.
  • Expertise on Various Legal Matters: Online legal platforms connect individuals with a diverse network of lawyers specializing in various legal areas. This ensures that individuals can find the right legal expert to address their specific needs, whether it be family law, business law, or immigration law.
Free Legal Advice
Free Legal Advice

II. How to Find the Right Online Lawyer for Your Needs

When choosing an online lawyer for a consultation, it is essential to consider the following factors to ensure a successful and productive interaction:

  • Research and Compare Online Legal Platforms: Conduct thorough research on different online legal platforms to find reputable and reliable services that align with your legal needs. Compare the features, services, and pricing of each platform to make an informed decision.
  • Check the Lawyer’s Credentials and Experience: Before scheduling a consultation, review the lawyer’s credentials, experience, and areas of expertise. Ensure that the lawyer has the necessary qualifications and experience to address your legal issue effectively.
  • Read Client Reviews and Testimonials: Take the time to read client reviews and testimonials to gauge the lawyer’s reputation and track record. Positive reviews from previous clients can provide valuable insights into the lawyer’s professionalism and competence.

III. What to Expect During a Free Online Lawyer Consultation

During a free online lawyer consultation, individuals can expect the following key components to ensure a productive and informative session:

  • Initial Assessment of Your Legal Issue: The lawyer will conduct an initial assessment of your legal issue to understand the details and complexities of the situation. This allows the lawyer to provide tailored advice and recommendations based on your specific circumstances.
  • Discussion of Legal Options and Strategies: The lawyer will discuss various legal options and strategies available to address your legal issue. They will provide insights into the potential outcomes, risks, and implications of each option to help you make informed decisions.
  • Clarification of Fees and Terms of Service: The lawyer will clarify the fees and terms of service associated with their legal advice. This includes discussing payment options, billing processes, and any additional costs involved in the legal consultation.

IV. Benefits of Utilizing a Free Legal Advice with Expert Lawyers

The benefits of utilizing a free online lawyer consultation extend beyond convenience and accessibility, offering individuals a range of advantages:

  • Timely Legal Advice Without Leaving Your Home: Online lawyer consultations provide individuals with timely legal advice without the need to leave their homes. This saves time and eliminates the hassle of scheduling appointments or traveling to a law firm.
  • Confidentiality and Privacy Protection: Online legal platforms prioritize confidentiality and privacy protection, ensuring that your personal information and legal matters remain secure and private throughout the consultation process.
  • Immediate Access to Legal Expertise and Guidance: By utilizing a free online lawyer consultation, individuals gain immediate access to legal expertise and guidance from experienced professionals. This empowers individuals to make informed decisions and take proactive steps to address their legal issues effectively.

V. How to Make the Most out of Your Free Online Lawyer Consultation

To maximize the benefits of a free online lawyer consultation, individuals should consider the following tips and strategies:

  • Prepare Your Questions and Legal Documents in Advance: Before the consultation, prepare a list of questions and gather relevant legal documents to provide the lawyer with a comprehensive overview of your legal issue. This will enable the lawyer to offer tailored advice and recommendations.
  • Actively Participate and Engage with the Lawyer: During the consultation, actively participate and engage with the lawyer by asking questions, seeking clarification, and sharing relevant information. This collaborative approach enhances the effectiveness of the consultation and ensures that all pertinent issues are addressed.
  • Follow Up on Legal Recommendations and Next Steps: After the consultation, follow up on the legal recommendations and next steps provided by the lawyer. Take proactive measures to implement the advice given and stay informed about the progress of your legal matter.

By following these guidelines and leveraging the benefits of a free online lawyer consultation, individuals can access professional legal advice and guidance to address their legal issues effectively. Seek out reputable online legal platforms, choose a qualified lawyer, and actively engage with the legal expert to make the most of your consultation. 

Frequently Asked Questions When Seeking Free Legal Advice:

 

  1. Is a free online lawyer consultation legally binding?
    No, a free consultation is an opportunity for you to discuss your legal issue and explore your options with a lawyer, but it does not constitute a legally binding agreement.
  2. Can I trust the advice given during a free online lawyer consultation?
    Yes, confidentiality is a fundamental aspect of a Free Online Lawyer Consultation. Attorneys are bound by strict professional ethics and legal obligations to maintain client confidentiality, ensuring that discussions and information shared during the consultation remain private and protected.
  3. What types of legal issues can be addressed during a free online lawyer consultation?
    Online Lawyer Consultations can cover a wide range of legal issues, including but not limited to personal injury claims, family law matters, real estate transactions, business disputes, employment issues, and criminal defense matters. However, complex or specialized legal matters may require further consultation or representation.
  4. What Should I Prepare for a Online Lawyer Consultation?
    To make the most of your Free Online Lawyer Consultation, it’s helpful to prepare relevant documents, records, or information related to your legal issue in advance. This may include contracts, correspondence, court documents, or any other pertinent information that can provide context and clarity to the attorney during the consultation.
  5. Can I Receive Legal Representation After a Lawyer Consultation?
    If further legal representation is needed or recommended by the attorney, individuals may choose to engage the attorney’s services on a paid basis. This typically involves entering into a formal attorney-client relationship, wherein the attorney provides ongoing legal advice, representation, and advocacy as needed.

Conclusion:

In conclusion, the benefits of free online lawyer consultation at Platinum Lawyers cannot be understated. By offering accessible and expert free legal advice, Platinum Lawyers empowers individuals to navigate challenging legal situations with confidence and clarity. Don’t hesitate to take advantage of this valuable resource and get started on resolving your legal concerns today.

Visit the Platinum Lawyers website and enquire for a free online lawyer consultation to receive the guidance and support you need. Your legal questions deserve expert answers, and Platinum Lawyers is here to help you every step of the way.

Lawyers Near Me: Navigating the Legal Landscape with Platinum Lawyers

Author By clixpert@devPosted on

Finding the right lawyer can feel daunting, but it doesn’t have to be. Whether you’re facing a legal challenge or need routine legal advice, having a lawyer close by can make a significant difference. In this guide, we’ll walk you through everything you need to know to find the best “lawyers near me” with a special focus on Platinum Lawyers, a reputable law firm known for its expertise and client-centered approach.

 

Understanding Your Legal Needs

Before you start searching for a lawyer, it’s crucial to understand your specific legal needs. Within the legal profession, there exist numerous types of lawyers, each focusing on specific areas of law.

Different Types of Lawyers

  1. Criminal Lawyers: They handle cases involving criminal charges, from minor infractions to serious felonies. If you’re facing any criminal charges, this is the type of lawyer you’ll need.
  2. Civil Lawyers: These lawyers deal with non-criminal disputes such as personal injury, contract disputes, and property matters. They can help resolve conflicts between individuals or organizations.
  3. Family Lawyers: They specialize in issues like divorce, child custody, and adoption. These lawyers are essential for navigating the complexities of family law.
  4. Corporate Lawyers: These attorneys handle business-related legal matters, including contracts, mergers, and compliance issues. They are crucial for any business owner.

Identifying your specific legal issue helps in finding the right lawyer for your needs.

How to Search for Lawyers Near Me

Finding “lawyers near me” has become easier thanks to technology and various resources available. Here are some effective methods:

Online Directories

Websites like Legal 500, Our Family Wizard, and Law Path, provide comprehensive directories of lawyers based on location and specialization. These platforms allow you to search for lawyers in your area and read reviews from past clients.

Local Bar Association

Your local bar association can offer referrals and provide information about lawyers in your area who specialize in your type of case. This is a reliable source because it ensures the lawyers are licensed and in good standing.

Personal Recommendations

Word of mouth is a powerful tool. Ask friends, family, or colleagues if they know a good lawyer who can help with your issue. Personal experiences can give you valuable insights into a lawyer’s effectiveness and reliability.

Online Reviews and Testimonials

Check online reviews and testimonials to gauge the reputation and effectiveness of potential lawyers. Take note of any consistent patterns in the feedback to gain a comprehensive understanding of their strengths and weaknesses.

Evaluating Potential Lawyers

Once you have a list of potential lawyers, evaluating them becomes the next crucial step.

Checking Credentials and Experience

Ensure the lawyer has the necessary credentials and experience in the relevant field. Look for their educational background, years of practice, and any notable cases they’ve handled. This information is often available on their websites or online profiles.

Initial Consultations

It is typical for lawyers to offer an initial consultation, often without any fees. This meeting is an opportunity to discuss your case and see if the lawyer is a good fit for you. Prepare questions in advance to make the most of this meeting.

Understanding Fee Structures

Lawyers charge differently – some on an hourly basis, others may work on a contingency fee. Familiarize yourself with their fee arrangement to prevent any unexpected expenses in the future. It is advisable to inquire about any potential supplementary charges that may arise.

Compatibility and Communication

Trust and effective communication are the foundation of a strong lawyer-client relationship. Make sure you feel comfortable with the lawyer and that they communicate clearly. Efficient communication can have a substantial impact on the result of your case.

Why Choose Platinum Lawyers?

Platinum Lawyers stand out for their exceptional service and dedication to our clients. Here are a few reasons why you should consider us:

Expertise Across Multiple Fields

Platinum Lawyers offer expertise in various areas of law, including criminal, civil, family, and corporate law. Our team comprises specialists in each field, ensuring you get the best representation possible.

Client-Centered Approach

The firm is known for its client-centered approach. We prioritize your needs and work closely with you to develop the best legal strategy. This approach ensures that you are involved and informed throughout the process.

Proven Track Record

Platinum Lawyers have a proven track record of successful outcomes for our clients. Our experience and dedication have earned them a reputation for excellence.

Transparent Fee Structures

We offer transparent fee structures with no hidden costs, making it easier for you to manage your legal expenses. You’ll know exactly what to expect from the beginning.

Specialized Legal Services

Some legal issues require specialized legal services.

Personal Injury Lawyers

We help you get compensation for injuries sustained in accidents. If you’ve been injured due to someone else’s negligence, a personal injury lawyer can help you navigate the legal process and fight for your rights.

Real Estate Lawyers

Our lawyers handle property transactions, ensuring all legal requirements are met. Whether you’re buying or selling property, a real estate lawyer can help you avoid potential pitfalls.

Employment Lawyers

If you’re facing workplace issues, such as discrimination or wrongful termination, an employment lawyer can help. They can guide you through the legal processes and help you understand your rights as an employee.

Immigration Lawyers

We assist with matters related to visas, citizenship, and other immigration issues. Navigating immigration laws can be complex, and an immigration lawyer can provide the expertise needed to achieve your goals.

The Importance of Local Expertise

Having a lawyer with local expertise can be a significant advantage.

Knowledge of Local Laws and Regulations

Local lawyers are familiar with state and local laws that might affect your case. This knowledge can be crucial in ensuring that your case is handled correctly.

Relationships with Local Courts and Judges

We often have established relationships with local courts and judges, which can be beneficial in navigating the legal system. These relationships can sometimes influence the efficiency and outcome of your case.

Accessibility for Meetings and Court Appearances

Being nearby means your lawyer can attend meetings and court appearances more easily and promptly. This proximity can be particularly important in urgent or time-sensitive cases.

Common Legal Issues and When to Seek Help

There are various situations where you might need legal help.

Criminal Charges

If you’re facing criminal charges, it’s crucial to get legal representation immediately. A criminal lawyer can protect your rights and build a strong defense.

Divorce and Child Custody

Family law matters, such as divorce and child custody, require the expertise of a family lawyer to navigate the emotional and legal complexities. These cases often involve sensitive and personal issues that benefit from professional guidance.

Business Disputes

Business disputes can arise from contracts, partnerships, or other business-related issues, necessitating a corporate lawyer’s expertise. Resolving these disputes effectively can be critical to the success of your business.

Property Transactions

Real estate transactions can be complex and require a lawyer to ensure everything is legally sound. A real estate lawyer can help you navigate the transaction smoothly and avoid potential legal issues.

Preparing for Your First Meeting

Being prepared for your first meeting with a lawyer can make the process smoother.

Gathering Necessary Documents

Bring all relevant documents, such as contracts, court papers, or any correspondence related to your case. Having these documents ready can help your lawyer understand your situation better and provide more accurate advice.

Preparing Questions to Ask

Write down any questions you have about your case, the lawyer’s experience, and what to expect moving forward. This preparation can help ensure that you cover all important topics during your consultation.

Understanding the Consultation Process

Knowing what to expect during the consultation can help you make the most of it. Ask about the lawyer’s approach to your case, potential strategies, and how they plan to keep you informed.

What to Expect from Your Lawyer

Here’s what you should expect from your lawyer:

Professionalism and Ethics

A good lawyer will conduct themselves professionally and adhere to ethical standards. This includes treating you with respect and keeping your best interests in mind.

Clear Communication

They should communicate clearly and keep you informed about the progress of your case. Regular updates and prompt responses to your queries are essential.

Regular Updates on Your Case

Expect regular updates and timely responses to your queries. Your lawyer should keep you informed about any developments in your case and explain the implications.

Confidentiality

Your lawyer should maintain confidentiality and protect your private information. The transparency provided assists your attorney in constructing a robust argument.

Tips for Working Effectively with Your Lawyer

A good working relationship with your lawyer can significantly impact your case’s outcome.

Being Honest and Open

Honesty is crucial. Provide all the facts, even if they may not be in your favor. This transparency helps your lawyer build a strong case.

Keeping Records of All Communications

Keep a record of all communications with your lawyer, including emails and phone calls. These records can be useful for reference and ensuring that nothing important is overlooked.

Following Your Lawyer’s Advice

Trust your lawyer’s expertise and follow their advice to the best of your ability. They have the experience and knowledge to guide you through the legal process effectively.

Alternatives to Traditional Legal Representation

In some cases, alternatives to traditional legal representation might be more suitable.

Legal Aid Services

Legal aid services provide legal help to those who cannot afford a lawyer. These services can be a valuable resource for individuals with limited financial means.

Pro Bono Work

Some lawyers offer their services for free (pro bono) for those in need. If you qualify, this can be an excellent way to get legal assistance without incurring costs.

Self-Representation

In some cases, representing yourself might be an option, though it is generally advisable to seek professional help. Self-representation can be challenging and may not be suitable for complex cases.

Online Legal Services

Online platforms can provide legal advice and document preparation at a lower cost. These services can be a convenient and cost-effective alternative for certain legal needs.

Conclusion

Navigating the legal landscape can be challenging, but finding the right lawyers near me can make a significant difference. Whether you’re facing a complex legal issue or need routine legal advice, having a knowledgeable and accessible lawyer can provide the guidance and support you need. Remember to evaluate potential lawyers carefully, understand their fee structures, and establish a good working relationship to ensure the best possible outcome for your case. Platinum Lawyers exemplify these qualities, making them a top choice for your legal needs. Contact us at (02) 8084 2764 for more details.

FAQs

  1. How do I find a lawyer who specializes in my legal issue?
    Use online directories, contact your local bar association, seek personal recommendations, and read online reviews to find a specialized lawyer.
  2. For my initial meeting with a lawyer, what documents or materials should I bring?
    Bring all relevant documents, such as contracts, court papers, and any correspondence related to your case. Prepare questions to ask during the consultation.
  3. How much can I anticipate spending on a lawyer’s services?
    Legal fees vary based on the lawyer’s experience, the complexity of your case, and the fee structure (hourly rates, flat fees, or contingency fees). It is important to address fees at the beginning of your initial consultation.
  4. Can I change lawyers if I’m not satisfied with my current one?
    If you are not content with your current legal counsel, it is within your rights to seek a different lawyer. Ensure you review your agreement and understand any financial implications before making a switch.
  5. What if I can’t afford a lawyer?
    Look into legal aid services, pro bono work, and online legal services as alternatives to traditional legal representation. These options can provide legal assistance at a reduced cost or for free.
1 2
Show Buttons
Share On Twitter
Hide Buttons