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A Brief Guide to Property Law in Melbourne Australia

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Melbourne is one of the most stunning cities on the planet. Rich in culture. Home to some of the most fantastic architecture. And home to some of the friendliest and most imaginative people on the planet. So its no surprise people flock from all over the world to live in this fantastic city.

But Australia has prospered as a nation due to their strict rules and firm stance on issues such as immigration and property laws. And it is important that you fully understand the various property laws in Melbourne before you buy any property.

We are going to look at the various laws that concern regular home buyers, such as citizens or immigrants moving to Australia. And we are going to look at the more specific laws concerning real estate sales and property development within the city.

 

Buying A Home

Buying a home in Melbourne is quite similar to buying a home in other first world countries such as the UK and USA. You will need to acquire a mortgage to purchase the home unless you are fortunate enough to be able to afford to buy it outright. Acquiring a mortgage can be difficult, especially as an immigrant, but one option that may be useful for you if you have someone that can vouch for you is using a guarantor for your home loan. You can read more about how to go about this on this guide on using a guarantor for home loans to make sure you do everything correctly.

There are some provisions if you are an immigrant to Australia. Firstly, you need to have the correct type of visa to assure you can actually purchase a property. If you only have a temporary visa you cannot buy property, only rent it. You need to have a resident visa to be able to buy a property.

But, even buying a home for personal use comes with some strings. There is a lot of documentation that needs to be filed correctly, on top of any permits you need for additions such as conservatories or swimming pool installations. So it is wise to consult a property lawyer to find out if there is anything you need to be doing before buying.

 

Buying Property To Sell

Buying property with the intention to sell comes with some extra restrictions. This falls under the term Property Conveyance. This set of rules covers anyone looking to sell or rent out their property.,

The first thing to consider is zoning. Zoning decides what type of buildings are allowed in a certain plot of land. For example, a complete residential zone cannot have any major shops. An industrial zone can’t have residential houses. So, if you purchase a home you can’t just change it into a retail store simply because you want to expand.

If you did want to do that you would need to petition the local government to change the zoning rules. But this is an expensive and tiresome process.

Another thing you will have to consider is tax. Owning property comes with its own tax implications. And you need to make sure you are aware and paying these taxes. This is one of the biggest issues real estate investors face. One incorrectly filed tax form can lead to a lot of legal trouble.

 

Renting Out

When it comes to renting there are a few rules you, as the landlord, have to adhere to. The biggest one is the capacity. There are strict rules about how many people you are allowed to home in a single unit. This rule often puts a limit on the maximum and not the minimum. For example, a two-bedroom flat will most likely have a legal limit of four people.

Now you as the landlord have the right to decide if you want to hit that maximum or not. You could rent it just 2 and convert one of the bedrooms. But you cannot go over this limit. The limit is dependent on the property and often the zone as well.

You also have to adhere to the laws pertaining to being a landlord. This includes running maintenance on the property in the event of a non-fault issue occurring. You also have to make sure the people living in your property have the correct visas and permits. If you don’t check this you could land yourself in a lot of legal trouble down the line.

 

Related

Health & Safety Regulations Every Small Business Owner Must Know

Keeping your small business afloat is a lot of responsibility. But one of the most important aspects of owning a small business is ensuring you are aware and compliant of health and safety regulations. They ensure your employees and clientele are kept safe. Failure to comply can lead to injury or damage which can be expensive to deal with and detrimental to your small business. While it shouldn’t be an issue for the vast majority of small businesses, it’s probably worth noting that your employees have the right to refuse to do any task they deem as unsafe. So, if you’re wanting to make sure your business is on top of its health and safety, pay attention to this advice and be sure to do your own research – or else your business could be on the line.

Furniture

In order to prevent injury and potential lawsuits, it’s probably worth checking the furniture you have around your workspace. Check your desks and chairs are sturdy and unlikely to break. If you’re unsure it may be worth investing in some new furniture that passes health and safety regulations. For example, the best office chairs to invest in if you’re wanting to ensure you’re meeting health and safety regulations are like the office chairs reviewed here. Don’t take any chances, your employees and clients should always be your number one priority.

Cleanliness

It should be a given, but it is very important you keep your workspace as clean as possible. It could be worth investing in a cleaner, but if it isn’t in your budget, you should ensure your workspace is given a deep clean at least every two weeks. It may also be worth establishing a basic cleanliness standard that all your employees are aware of. Make sure your soap dispensers are consistently topped up and add a sign beside your sinks to remind people to wash their hands. It could also be worth in investing in some hand sanitizer pumps around the workspace.

Fire Safety

Also, an extremely important aspect of keeping your workspace safe is ensuring you’re on top of your fire safety. Make sure you test your fire alarms regularly and have a fire escape plan in place that your employees are confident with. Ensuring you have fire extinguishers around your workspace could be the difference between a burnt-up microwave and losing the entirety of your workspace.

Space to People Ratio

Many people may not know this but there is a regulation in place to ensure your employees have an adequate amount of space to work in. To stay within regulation, you should ensure per employee, there is at least 41 square feet of office space.

Obstructions

To help reduce the risk of injury, it’s important to limit the clutter in your workspace. Any doors, especially fire exits, should never be blocked and walkways should be clear. Should the worst happen, and you and your employees need to exit the workspace quickly, it shouldn’t be made any more difficult by obstructions. Don’t put your business at risk and keep your workspace tidy.

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How America Is Changing its DUI Laws in 2021

DUI laws refer to the criminalization of driving under the influence of intoxicating substances, this crime is something that should be taken very seriously as it puts so many people at risk for such an unnecessary reason. There is much variation in opinion when it comes to the current DUI laws, with many people arguing the penalty should be increased in order to further deter people from drink driving and consequently save lives. The current laws state that a person would be committing a DUI offense if he or she is found operating any kind of vehicle whilst under the influence of drugs or alcohol in a public space. The severity of a DUI penalty can totally depend on the circumstances of the incident and if anyone was hurt, however, we may be seeing a stricter penalty system in the future.

 

 

Current DUI Laws

The current DUI laws that are in place are highly influenced by the case-specific details of each offense, if someone was to commit this crime with minimal damages and without hurting anyone, the penalty is likely to be less severe than that of someone who injured another member of the public whilst behind the wheel. Many argue that this should not be the case as people who are prepared to drive their cars whilst intoxicated still show a lack of care for others’ safety and they shouldn’t be shown leniency just because they were lucky enough to not hurt someone.

 

A drunk driver is someone with an alcohol blood concentration of 0.08 percent or higher, readings are taken with a breathalyzer and the authorities may ask for a simple reaction test to be conducted as well. This process of gauging a person’s intoxication level has also seen much scrutinization in recent years, with general opinion being that anyone who has had a drink and is prepared to drive should face more severe consequences in the reflection of the sheer recklessness they have displayed. As previously mentioned there are further factors that can influence the severity of punishment such as DUI with a minor in the car, multiple DUI offenses, and DUI leading to serious injury or fatality. These factors would all increase the severity of the punishment as they reflect a lack of care for your safety as a driver and others around you.

 

There are also factors within DUI laws that could decrease the severity of the offense, intoxication by prescribed medications, having no previous driving offenses on your record and there is some discretion when it comes to readings close to 0.08 percent. These factors could result in a drunk driver being let off with a less drastic punishment but, not everyone agrees with this leniency and believe the punishment for a DUI offense should be taken seriously no matter the circumstances.

 

 

Legal Representation

When it comes to crimes of this nature, proper legal representation is a must due to the sheer amount of factors that come into consideration during prosecution. Boise DUI is a well known legal service particularly for cases of intoxicated driving, whether you are the offender or victim of such a crime the law currently requires a high level of factor consideration in order to determine the necessary punishment. Your legal representative should be well versed in DUI law so they can effectively represent your case and put forward any of the necessary factors that come into play around your situation. DUI law allows for some negotiation of your sentencing, so having a representative who ensures you are treated fairly and given the correct level of punishment severity would be the right way to go. Although you should not be allowed to get away with the offense by any means, you still have the right to be treated fairly in court and given the opportunity to plead your case with the proper legal representation to aid you.

 

 

How should they change in the future?

 

With some discrepancies around leniency factors within DUI law, many people are calling for a change when it comes to how people are prosecuted for getting behind the wheel under the influence. It is a common opinion that just because nobody was injured or killed during an incident, the driver still had the intention to disregard road safety so the punishment should still be severe. Rather than offering leniency factors, we may see a much more severe punishment for DUI in the future as a means to decrease the number of offenders. There seems to be a lot of evaluation involved within how people are prosecuted for driving under the influence, with many states having levels of one to five based on how serious the incident was. This is where leniency and aggravating factors come into place for a court of law to decide what the most suitable punishment would be. Currently, punishments range from a driving ban to a fine and short prison sentence, but we may see a drastic change in how DUI laws are conducted in the future.

 

Those who have fallen victim to reckless and drunk driving will understand how life-changing an incident of this nature could be, with the law currently having a rather slack attitude to this crime we could see a decrease in the amount of opportunity that is given to offenders to get a reduced punishment over the coming years.

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How Different European Countries Decide on New Laws

How Different European Countries Decide on New Laws

Law is an integral part of society today and you would be amazed at how many people don’t know the decision making that goes behind the rules that govern our lives. How many times have you wondered why that law is there? Or who came up with it, and why? Thankfully, there is a lot of information on Dutch lawfirm Le Poole Bekema explaining how European countries, such as Holland, decide on the new laws. There’s a lot more to it than just picking and it often takes years to establish new laws.

Many counties in Europe are part of the EU and this has a massive effect on the laws they implement. The European Commission proposes laws that are inside the EU’s parameters. That is to say, they are laws that the EU approve of. The level of scrutiny of these laws is then much higher because they not only represent that country but the EU as a whole. This means the laws are heavily reviewed, checked by professionals, and updated when necessary, all so that they are as effective as possible. Any new European laws are proposed by the European Commission. The laws are set up and refined by them so that the interests of the union are protected and as a result, it’s citizens. The European Commission will send a legislative proposal to the European Parliament and also the Council of the European Union who then must reach an agreement on the text for it to become an actual law.

A lot of people can have their say in the law-making process, including businesses, members of the public, public authorities such as the police, and stakeholders. This concept, known as better regulation, is a huge part of the process of creating new laws. It shows the European Commission actually listens to those that the laws will directly affect and it is usually evidence-based. It allows the laws to be put in place for the people to improve the things that really need to be improved. this helps the Commission to reach its target at a low cost and with less work going into the admin side. It shows people that they are being listened to and therefore feels more inclusive.

There are many ways interested members of the public and shareholders can suggest new laws, such as impact assessments, legislative proposals, elements of evaluations and fitness checks, or previous laws and roadmaps where the Commission demonstrates new ideas for policies or reviews of existing ones.

Passing Law

Whenever a law is passed, the Council of the European union can authorize the Commission to take two types of acts that aren’t legislative to ensure laws are implemented properly or updated if required. If it wasn’t clear by now, the Commission is solely responsible for ensuring whether the EU laws are applied on time and in a suitable manner.  That is why many refer to it as the Guardian of Treaties. If an EU country does not apply the law in the intended fashion or worse, doesn’t make the proposed legislation part of the new law at all, it will take steps to correct this. These steps may include holding formal infringement hearings, against the particular country. This has been known to happen in the past.

The benefit of the Commission is used to set up new European laws is it is monitored heavily. The EU laws are regularly evaluated to see if they have had the desired effect they were set up to do. the findings of the evaluation will encourage the Commission to decide whether or not the EU actions have any need to be changed. They really listen to the public as anyone is able to give feedback and take part in evaluations and checks on the laws.

The impact the EU has had on European laws is astronomical. Since the Second World War, the EU has intended to deepen its integration in search of a peaceful future and growth in the economy. By regulating European laws, they are able to help in a big way and ensure the public and businesses really get their voices heard. The European Parliament is the only elected EU body and they are the ones tasked with proposing the laws, implementing decisions, regulating issues, and representing the EU around the world. It may not be able to propose legislation but laws cannot pass through it without their approval. Currently, the leader of the EU parliament is Italian politician, David Sassoli.

The Council of Ministers, also known as the Council of the European Union, are the ones who also need to approve of legislation before it passes. They consist of government ministers from all countries of the EU and they are all organized by their area of policy.

 

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