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Property Owners Guide: All the Legal Stuff you Need to Know!

Selling your property can be overwhelming and it involves a lot of work, this makes moving difficult as if you’re also searching for a new house whilst selling your own there is a lot to keep up with. Some decisions you make when trying to sell your property may seem unimportant to you, but often when people make the wrong decisions it can cost them hundreds if not thousands of dollars. Before you read this handy guide about all the legal stuff you need to know about selling your property, you should make sure that you definitely want to sell it. Think about why you’re selling your property, for example, if you need more space you may think that you need to move when in fact, it could be cheaper to build an extension or undergo a loft conversion. There are many scenarios like this so make sure you think about why you’re selling your property so that you’re sure that you want and need to. Selling a home is a long process and often an expensive one so you don’t want to start the process are realize a few months down the line that you don’t want to sell. Once you’re sure about selling your property, there is a lot to consider. We’ve made this guide for you so that you can find all the legal stuff that you need to know in one place.  

Your mortgage

Most people who own a property and are moving have not yet fully paid off their mortgage. This is the first bit of legal advice you need to be aware of. When you sell your house, you will be able to pay off whatever is left of your mortgage, you should figure out how much you will have left before you put the house up for sale to make sure you can afford another place if you’re moving. You’ll have to take out another mortgage on your new home, so this is the important legal bit, you’ll need to check with your current mortgage provider if there are any additional charges that you’ll be required to pay for switching early. This is also an opportunity for you to look at different lenders to see who the current best mortgage provider is.  

 

Find an estate agent

Selling your property can be one of the most stressful things you’ll ever have to do. If you’re not sold a property before then it is hard to imagine just how much work is involved with preparing your house for sale and finding people who may be interested in purchasing it. By finding an estate agent, a lot of the responsibilities are passed on from you to the estate agent making it a much less stressful process. There are a variety of legal requirements when selling a house, for example, getting a house inspection is a necessity so that potential buyers are aware of what condition the property is in so they’ll know if they will have to budget to fix things once they arrive. Finding the right person or company to conduct the inspection can be difficult but estate agents will make sure they are certified home inspectors and that everything goes smoothly. Those conducting the home inspection are vital to the process and it’s definitely better to have someone who is well known by your estate agent to be reliable than to find someone yourself.  

Offers

It may take a while for you to receive an offer on your property or if you’re in a popular area, have a great price, or just have an amazing property you may receive many offers fairly quickly. Once you receive the offer you can choose to accept or reject it depending on if the price is right for you, if you think there is a price that you and the potential buyer could agree on then you can also negotiate through your estate agent. Once you have an offer that you are happy with, your estate agent again will take care of the legal work. The next legal business in this process is drawing up the draft contract, this will clearly lay out any agreements between you and the other party like if any discounts are applicable after problems being flagged up by the home inspector.  

Other helpful tips

All of the main legal issues have been covered in this guide and we think that it is definitely worth hiring an estate agent to deal with all of the legal business rather than doing it yourself. You should take some care when choosing your estate agent as there is a lot to consider, you should look at the sales time of any potential estate agent you would use, and you should compare their fees. There is also the option of using an online estate agent whose services are often much cheaper so if you’re not wanting to do the work yourself but not wanting to pay a lot, these could be a good in between to do some research into.  

The other important thing when trying to sell your house is making sure that it always looks presentable so people can start to imagine their lives there and you should also make sure that it smells pleasant too. The nicer the environment in the house the more likely you are to receive an offer.  

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The Complete Guide to Getting an Australian Residency Visa

Every year it is estimated that thousands upon thousands of people consider emigrating to Australia on a permanent basis. The lure of the beautiful beaches. The charm of the sunny weather. The rich history and fantastic culture. It’s no surprise that so many people want to run away to Australia and never return.

But, of course, not all of these people will actually move over, for a number of reasons. Some can’t afford it. Some simply change their mind. But most simply can’t pass the visa application process or secure a residency visa.

 

Australian Immigration

Australia is one of the countries known for its tough immigration stance. It is no small feat to secure a residency visa. They operate on a points-based system that assesses all applicants on a number of different factors.

These factors include everything from an educational background and language proficiency to employment history and personal interests. No aspect of a possible immigrant’s history is ignored when deciding who to let into the country.

The Australian government decided what jobs and skills are worth more points, based on the needs of the country. Jobs such as Doctor or Engineer will improve your chances of entering the country, whereas a job working as a fast-food worker might not be to your benefit. But this isn’t guaranteed. There have been times when the country needs more labor for general jobs.

So the first step to securing your chance is getting a residency visa is to take stock of your history and information and check out how many points you will get during the process. If you meet the requirement you will be off to a good start.

 

Family

If you happen to have family in Australia, or family roots from the country, your chances are greatly improved. Like with any country, you have certain rights attached to your heritage. If you can prove this, you stand a greater chance of getting approved.

Another way you could bypass a lot of the application process is through inheritance. If a family member in Australia leaves their estate to you, you can bypass the points system of the application process. In this instance, you would need to secure professional legal help and fill out a qld family provision application to ensure you actually receive the estate in its entirety.

 

The Application Process

Once you have calculated how many points you will receive due to your history you will now need to provide a number of different checks.

The first is, of course, a passport check. You need to have a valid passport for your current country. Without one, you will be finished before you even begin your immigration journey.

Secondly, you will need to make sure you have got a full police check done and ready to provide. Australia is very strict about criminal records. Even some minor infractions can lead to you be rejected from the country outright. So before you start the process make sure you have your check done.

You will need to put together a complete and comprehensive employment history. This goes beyond a simple CV. You will need to provide proof of income and references. The Australian government needs to know you are experienced and reliable. If you have a history of unemployment or being fired a lot, chances are you won’t get into the country.

 

Job Hunting

Employment is a huge part of immigration. Australia is insistent on only allowing in people who are going to work. They want to keep unemployment numbers down and have taxes being brought in. So providing your employment history is only the first step. You need to actually secure a job.

Now it is possible for you to wait until you are moved and settled to start job hunting. But this won’t help your chances of making it into the country.

Your best bet is to start job hunting while still in your home country. Start attending online or phone interviews. Apply to as many jobs as you can, even if you get a lot of rejection notices. If you can compile a lot of evidence of trying to secure a job you will greatly improve your chances of getting approved for immigration.

If you can actually secure a job in the country, you can have that company act as a reference for your application and get it sped along. The country is more willing to allow people in if they have already secured a job. So this is one of your best bets for getting into Australia.

 

History

It never hurts to start brushing up on your Australian history and customs as well. This will play a huge part in getting into the country, but it is mainly for what comes next. A residency visa is only the first step. After that, you will want to start looking into getting citizenship for Australia.

During the citizenship test, you will have to prove you are clued up on their history. Think of it as a history test but focusing more on basic history and customs, rather than specific details.

 

We hope this has helped you understand how the application process for immigration to Australia works. It is a tricky process but is a worthwhile one. Australia is a fantastic country and, if you make it there, you will not regret your decision to move!

 

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A Brief Guide to Property Law in Melbourne Australia

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.

 

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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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What are Consumer Protection Laws and Why are they Important?

The world of corporate law is a vast and often confusing world. And it is important for anyone looking to step into the legal world to be able to understand some of the more important aspects of it. To that end, we are going to be looking at consumer protection laws and why they are important. This guide will cover the topics in a basic manner, looking at the different aspects of consumer protection laws and why they are so important to, not only your legal career but the world as a whole.

The Basics

To put it simply, consumer protection laws do what it says on the tin. They are laws designed to protect consumers. But what does this mean? Essentially these laws look at making sure businesses are not price-gouging customers, protecting customer data, being truthful to customers and giving them a fair, proper customer experience. Things such as warranties and return policies are determined by consumer protection laws. Businesses can be hurt or even shut down if they do not adhere to these laws and individuals who run the businesses, can be fined, or even prosecuted for breaching these laws.

KYC

Know Your Customer, or KYC, is a method within the business world that is used to establish information about a customer. This system works two-fold, it benefits the business but also protects the customers. KYC is often a system that collects data from a customer, willingly, while they are using their business. This data is kept and stored and allows a business to tailor their experience to the customer, but also allows them to make sure a client is who they say they are. This is how KYC protects the customer. It is a system that stops fraudsters very early on. If a customer’s information has been stolen, KYC is used to make sure nothing fraudulent happens. Customer protection laws work their way into KYC. Businesses are required, by law, to make sure the customer data is secure and safe and not being misused for malicious, or fraudulent purposes. KYC can be handled on-site by a business or by an outside company. I tried KYC solutions from Fully-Verified.com and it proved to be an insightful look into how KYC works and was beneficial to my own company.

Importance

Why are these laws so important? They are not only designed to protect customers but also to keep businesses in check. Without these laws, companies would be free to do whatever they wish. They would be able to produce an advertisement that lies about products, meaning customers would not be getting the product they expect. This could cause a lot of harm, especially for products that have potentially life-threatening implications. Without these laws, companies would be able to sell faulty, or ineffective products, and not allow customers to claim on warranties or returns the products for a refund. This would essentially let scammers and fraudulent businesses run rampant. Without these laws, businesses would be allowed to use customer data however they want. They could sell it to whoever they like and cause serious harm to their customers.

The Next Step?

If you are interested in working in cooperate law, specifically in the field of customer protection laws, there are a number of ways you can go about it. There are a lot of active firms that are built around making sure businesses are adhering to these laws.  Watchdog organizations and the like are great places to look. It is also a good practice to look at how different countries handle their customer protection laws. For example, the EU has blanket customer protection laws for any company operating within Europe, even if they are based somewhere else.

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Essential Tips for Preparing for the LSAT

New York can be a difficult place to begin your law career. With such a competitive market and new waves of future lawyers starting everyday, it’s important to make sure that you stand out from the rest.  The most effective way to stand out in such a overpopulated career path is to achieve the highest grades you can in your LSAT. Here are some tips on how to prepare.

Revision time table

To do well in your exams, you are expected to retain a lot of detailed information, like case names and what particular laws entail. This is something that can’t be learned the night before your exams as it’s simply too much information. The best way to comfortably learn so much information is gradually over a couple of months. Set a few days a week as dedicated study time and before you know it, you’ll be ready to take on the exam.

Get a tutor

There is nothing wrong with struggling with the work for these exams, they don’t make it easy to pursue a career in law. There’s no point revising something that you don’t understand as you won’t be able to apply your new information to your exam questions. There are plenty of businesses offering LSAT tutoring in New York for very affordable prices so it may be worth looking into in order to achieve the best possible results. Even if you’re not struggling too much with preparing, tutoring will really give you the edge over other future lawyers and make sure that you get the best results.

Study buddy

Find someone that is taking the tests that you can study with. Law is largely a memory game and bouncing your knowledge back and forth from someone else is a great way to remember all the information that you need . Studying in pairs can be especially useful when it comes to remembering cases as it can be easy to forget your long line of names. An easy and fun way to remember some cases is by trying to match the case name to a description. You can get competitive with this and tally up who remembers the most, a little friendly competition is always a sure way to retain hard to remember information.

Post it notes

Invest in a colorful pack of post it notes and put them absolutely everywhere. On each post it note, write a piece of legislation or law that you need to remember and put the post it on something that you need to look at. A few good places would be on your bathroom mirror, on your wardrobe, next to your oven or on your fridge. This is a non forced way to remember important information and will mean that you are slowly picking up information in a non stressful way.

Sleep

What is most important is that you look after yourself. Make sure you’re getting at least 8 hours of sleep every night, drinking plenty of water and eating enough food. Around exam time it can be easy to forget that you need to look after yourselves, but when you’re under so much stress it is important that you make sure you put your own health first.

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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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What Are Companies Legally Allowed to do with Your Data

It seems that in this internet age we are slowly but surely giving away all of our personal and deeply important liberties. It feels like there is a new story every day of a tech giant selling our data or overstepping their boundaries. The confidence these big tech firms have comes from an awareness that the everyday internet user does not fully understand their internet rights. This has led almost every site using cookies to track and consume your internet footprint to distort to their own needs. This passage will aim to break down what a company is actually legally allowed to do with your data, so you know of and are aware of any wrong practices.

 

What Data can They Collect?

Firstly, I feel it is important to understand just what data a website can collect before we obviously go into how they choose to use it. Under current US internet law, any company can access your location information, how long you choose to spend on a website, your internet history, and the activity on any given site. So, please do keep this in mind as I examine what they choose to do with this information.

 

Targeted Advertising

Targeted advertising may not be a practice that many are not even aware of, but companies can and will use your internet search history to give you certain advertisements. So, for a thought exercise let us say you have been searching for tennis rackets on google, you should then expect to see an uptick in tennis based advertisements. It is as simple as that. This most certainly does feel like quite a shady practice, that may be open to corruption. The idea in principle is meant to lead to advertisements that the user may find useful and relevant. As stated in the above text, this is companies using their access to your internet search history. So before consenting or ticking an option keep this in mind.

 

Site User Analytics

This is another practice you may not have been aware of, but companies will access your information to find out which demographics you fit into. Let us say that a company is looking for more users in the 18-25 female demographic, to understand how to reach their quotas they will access your data to see where you fit and what exactly you chose to interact with on the site. This means that companies will legally be able to see your name, age, and gender; to process and analyze as they please.

 

Hardware Analytics

Companies often store the type of hardware that a consumer is using, in order to gain an understanding of your processing power. This will also be used to gain an understanding of when and where you choose to access different sites. If a user uses his computer mainly at home for recreative purposes then sites will store this information. This information is most often sold back to tech companies so they themselves can understand how their hardware processes different sites and software in the field.

 

If you are looking for extra safety then perhaps read the list of companies – fcra compliance site, and remember to always read the small print of any agreement, it truly does not matter how small it may seem. The agreements will usually come in the form of website cookies, and though they may seem innocent they do allow for far wielding access to your internet habits and personal information.

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How a Garden Dispute Launched a Multi-Million Dollar Court Battle

Have you ever found yourself frustrated with your neighbor? Whether they have a habit of playing their music just a bit too loud in the middle of the night or their dog/child refuses to give you a moment’s peace, chances are we’ve all had to face a frustrating neighbor at some point in our lives. But if you think blasting music is an issue, imagine your disdain when you discover your neighbor is trying to sue you over a tree in the backyard. Well, that’s just what one couple had to go through. The couple, who shall remain nameless for legal reasons, had been living in their new home for around 6 months with no issue. They had finally found their own little section of paradise when a letter came through the door that would turn their perfect world upside down over the next few years. One lovely summer day, the couple had come home from work to discover a letter inside their door addressed to them.

 

In it, they found a letter addressed to ‘The Couple in # 47’* (*house number has been purposely changed). In the letter, it explained how their next-door neighbor was getting frustrated with the growth of #47’s tree. They went on to say that it has been an ongoing issue and if it wasn’t sorted within the next week, the neighbor would be forced to take matters into their own hands. The couple scoffed at the letter and set it on their table. They wound up forgetting about it and a week had passed. If you’re looking to avoid mimicking this issue, why not keep your trees and your relationship with your neighbor in order by checking out tree loppers Perth for all your Australian tree grooming needs.

 

The couple had heard nothing and even began to forget about the letter when early one morning, they were woken by a loud crash. They didn’t worry and continued with their day; it wasn’t until later that week that they received an official court summons. The neighbor claimed that they had forced him to take matters into his own hands, and after trying to deal with the tree, he had wound up causing damage to his shed out his backyard and was wanting to sue the couple for damages. What followed was a ridiculous back and forth that cost both sides millions of dollars.

 

So, What’s the Moral of the Story?

The moral of the story is that no matter what the issue is, communication and proper research is key to solving any problem that may come your way. You can find out how the Australian laws work in your own backyard and can know for yourself what you’re entitled to. Keep yourself covered by staying with these laws and be cautious when exploring some of the grey areas.

Keep yourself knowledgeable of what you can and can’t do and who knows, someday you might be saving yourself from splurging on millions of dollars on legal fees.

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Why the EU is Looking to Change Inheritance Law

Legal disputes during the grieving process are never ideal. The time is bad enough without further complications and everyone deserves that period to be as least stressful as possible. That is what inheritancelaw really understands. they are based in Manchester, Birmingham, and London.

Cross Border Inheritance

Recently, lawyers have cautioned that UK people with assets and belongings in Europe could, unbeknownst to them, leave them to the mercy of the English law after new rules have emerged, and cross border inheritance has come into effect.

I can’t tell you how mad this makes me. It’s another post Brexit thing and I’m sick of it.

The whole purpose of this change is to make it easier for EU residents by giving them the choice between either choosing the law of the country of their nationality or the last place they lived to have an effect on their inheritance.

Forced Heirship

And what’s more, the UK has elected not to follow the new rules but the changes will still affect the UK citizens with, as I said, assets and belongings in Europe. The biggest uproar from this is it allows people to be exempt from the ‘forced heirship’ rules that affect a large number of countries in the EU and dictate how assets are inherited throughout a family after death. The Society of Trust and Estate, as an example of how the rule will be used in action, has said a woman in the UK that owns a house in France would have had to have left it in her will to her husband and kids. This is due to the French Forced heirship rules.

However, because of the new rules implemented, she could choose to have the UK law affect her house, allowing her to leave it to a sibling if she chooses. It offers more freedom. Unfortunately, this also means that people not born in the UK could be affected by their laws without even noticing it.

This could be incredibly problematic and, as I have said, the grief period is a stressful and awful time anyway without this piling on top.

People that don’t want the English law to have an effect on their assets will need to alter their will to make this clear and people with assets across the EU are being urged to review their plans and wills.

If someone in your family or a close friend dies and you are an heir, as a basic rule, you can settle their inheritance with:

  • A person authorized to perform legal actions of any EU country
  • The courts where the recently deceased lived before their death.

Heirs Choosing the Court

So if there is an issue that needs to be resolved by a court, as an heir you will normally be required to go to the courts of the country in the EU where the deceased previously lived. On the other hand, if the deceased had, in fact, chosen that law of their nationality to apply to what they’re leaving behind, and that is also the nationality of an EU country, you and other heirs can present the issue to the EU courts of that country.

If you are an heir, you also need to prove your entitlement.  Usually, this comes from a national document certifying your status. You can also ask the powers that be to grant you a European Certificate of Succession. So overall, the benefit of this is that it means its effects are identical throughout the EU regardless of where it was given and it’s recognized without any additional procedure. It can be obtained from any EU court.

 

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Breaking Into the World of Law: Starting Your Own Firm

Starting your own law firm can lead you to be part of a very strong and profitable industry. Lawyers and law firms are required for a variety of tasks and it is the opinion of many that it is a crucial service. Setting up your own law firm is something that is going to take time and precision as it is such a professional industry. Here are some key steps to help you break into the world of law and become a successful and trusted firm.

 

Legal Qualifications

First things first, you are joking to have to ensure that you are qualified to start up a law firm. You will need official approval and a license to practice before thinking about a single case. In order to be a working solicitor you will need the following qualifications.

 

-Three-year undergraduate degree

-One year Legal Practice Course

-Two years of Law Skills Course

-Two-year law training contract in an established law firm

 

Once you have gone through the motions of your law training you will be able to look at setting up your own firm, I would recommend remaining as a working solicitor for some time to give you some further experience in the industry.

 

Premises

After your training in order to set up your own law firm, you will have to go about sourcing some form of premises to operate from. That could start off as a home office situation and develops into actual offices depending on your budget. You may be able to find somewhere a lot easier if you are backed by external funding or investments, I would recommend using this money to establish your firm in a stable location.

 

Hiring

 It will come as no surprise that you will be unable to set up a law firm alone, you are going to need a team of talented and effective solicitors as well as extra staff 5o help around the firm. When it comes to hiring the greatest team of employees you should advertise the positions you need and put potential applicants through a fairly rigorous interview. Working in law is a demanding profession and you will have to be sure the people you hire are up to the task, and are worthy enough to represent your firm.

 

Training

In the initial stages of setting up your law firm it would be a good idea to set up some kind of training initiative. With training you will be able to ensure that all bases of your staff’s ability is checked over, this not only allows you to test the strength of your team but also tells your staff exactly what you are looking for from them. Just because someone is qualified for a position doesn’t mean they are the right person for the job, the law industry can be a cruel place and people who represent your firm must be able to deal with this in a professional way.

 

Student Placement

A great way of getting the word out about your law firm as well as getting first dibs on budding lawyers would be to set up placement schemes for students. This would build your reputation in a positive way in your local community and get people talking about your firm. As well as publicity you would be doing something good for the public which in turn boosts your image and makes people more likely to choose your firm to represent them, when they see you doing good for the community.

 

Advertising

How you advertise your services can be crucial in bringing your firm more clients, whether you choose to market online or in a physical way you should target a wide range of people. You must ensure you have a strong online presence giving potential customers all of the information they need to decide they want you, getting a new website design is a good idea as a professional-looking page is crucial for you to be taken seriously. Like any business your image must be maintained to show that you are serious about helping your clients with their needs.

 

Expanding the firm

If you have taken all of my advice you will be sure to have made progress in terms of your firm’s growth. How you deal with the expansion of your law firm is totally dependent on the direction you wish to go in. Some choose to remain relatively local and deal with the lower scale cases but, if you have aspirations of spreading countrywide I would begin by looking at investing in another premises, location is key as you must be able to simultaneously provide legal advice in two different areas, expansion like this will require more money, more staff, and more resources but the benefits are more than worth it.

 

Customer Service

A final piece of advice to be applied to any business including law would be to maintain a strong respect for your customers. The legal industry is one that can involve some sensitive issues, it is vital that you do not forget to instill a level of professionalism towards clients and their cases. This can be implemented through inspections and training regarding client interaction, particularly for those who are fresh out of Law school with little experience, customer service can be overlooked. However it is the simple things like being respectful towards clients that will give you and your law firm a professional reputation.

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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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