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Stressed businessman
Employment Law

Workplace Bullying and Stop Bullying Orders From the Fair Work Commission

Being treated badly at work can wear you down quickly. It can affect your sleep, your health and your life at home. Many people are not sure whether what they are facing counts as bullying under the law. Others do not know that there is a national tribunal process aimed at stopping it.

The Fair Work Commission can make orders to stop workplace bullying under the Fair Work Act 2009. These orders look forward and aim to prevent further harm. This guide covers what counts as bullying, who can apply and what the Commission can and cannot do.

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By In House Legal
Computer keyboard on a desk
Legal Advice

How to Check a Lawyer Is Qualified Before Getting Legal Advice Online

Getting legal advice online is quick and often cheaper than a trip into a city office. You can book a video call, send documents by upload and get a written answer within days. The catch is that anyone can build a website and call themselves a legal adviser. Before you share private details or pay a deposit, it pays to check who is on the other side of the screen.

The good news is that checking a lawyer in Australia is free and takes only a few minutes. Each state and territory keeps public records of the lawyers it regulates. This guide covers what a practising certificate is and where to look. It also explains what a lawyer must tell you about costs before work starts.

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By In House Legal
9 Drug Offences That You Could Be Arrested And Convicted For
Criminal Law

9 Drug Offences That You Could Be Arrested And Convicted For

There is a misconception amongst some, which are they believe that everyone who is in drug rehab, such as a residential facility, is there because they have been convicted of a drug offence and been sent there rather than to prison. However, most will have voluntarily entered drug rehab. Admittedly, there will also be some individuals convicted of drug offences that a court has deemed more appropriate to order into a drug rehab program than to serve a custodial sentence.

This also brings to light that there will only be certain drug offences that those in drug rehab with a conviction will have committed. One thing is pretty sure and that it is unlikely those convicted of manufacturing, supplying or trafficking illegal drugs will be sent to drug rehab but instead be given prison sentences and long ones.

This shows that there is a hierarchy of the seriousness of drug offences and several possibilities as to why someone could potentially be arrested and convicted. The primary drug offences total nine in all, so let us look at each of these and assess what they mean.

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By In House Legal
7 Tips For Positive Parenting During A Divorce
Family Law

7 Tips For Positive Parenting During A Divorce

Divorces are unfortunate as they can be sad events and they often lead to a lot of anguish and upset. Within all of that, if there are children of two parents who are divorcing, then a lot of thought needs to happen as to how best to care for those children throughout and beyond the divorce.

Whilst there has been plenty written about how to care for children when both parents are present, you will not find as many words explaining how to be a good parent to children during your divorce. We cannot cover every angle, but here are some helpful tips from divorce lawyers which we hope any parent reading them will find useful.

Your Children Are Not Weapons To Be Used To Against Your Ex: Possibly the biggest mistake a parent can make during their divorce is to see their children as pawns in some kind of bizarre divorce chess match against their ex. That is simply not the case, and it is unforgivable to try to use your children as weapons against their other parent.

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By In House Legal
Refusal To Give Fingerprints
Legal Advice

Refusal To Give Fingerprints Or Body Samples To The Police

If you are ever arrested, before you even get a chance to call your lawyer the police may ask you to provide fingerprints, as well as other body samples, such as blood.

It is a fact that very few people fully understand their rights regarding such scenarios, which often leads them to either refusing when they cannot or complying when they did not have to.

Let us say from the outset that this is not being written as a diatribe about police abuse of human rights and so on. The police are essential for our safety and wellbeing, and whenever possible we should all cooperate with them when it is right to do so.

However, the police, like everyone else, are subject to the law, and that includes the law as it applies to individuals’ rights when they are arrested.

When it comes to obtaining fingerprints there are several clear guidelines and rules which apply. The first ones to consider are those in relation to what age a person is, and especially if they are under the age of 18.

If someone is aged 15 to 17, then in order for the police to take their fingerprints, they must have an adult present not just went taking them, but when they ask to take them.

This adult can be a parent, a guardian, or some other independent person. In other words, they cannot simply ask the desk sergeant. Even if permission is granted, a video or audio recording must be taken if the person is under the age of 18.

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By In House Legal
Speak to a Family Lawyer Before Adopting
Family Law

Why Should We Speak to a Family Lawyer Before Adopting?

Choosing to adopt a child is a major decision that requires careful thought and consideration. And on top of this, adoption can be a complicated, time-consuming process. In Australia, it can also be very expensive.

Because of this, it’s often a good idea to consult with a family lawyer specialising in adoption. Doing so will help ensure the process is smooth and trouble-free, reducing stress and helping you rest easy with the knowledge that you’re doing everything you can to streamline the process.

In the rest of this article, we’ve looked at a range of the top reasons why you should always speak with family lawyers before adoption. They include:

  1. Ensuring You’re Following the Relevant Laws

One of the most important considerations when adopting is your state or region’s adoption laws. These can be quite strict, and they often require you to follow a clearly defined process before you’re allowed to adopt.

Working with a lawyer who specialises in adoption will help you make sure you’re following the relevant laws. This is extremely important because failing to do things properly could result in your adoption either taking a lot longer than expected or failing altogether.

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By In House Legal
Employment Lawyers
Employment Law

When Should I Speak to Employment Lawyers?

Employment lawyers can be useful for employers and employees alike. They can be used to resolve workplace disputes, to help ensure you’re protected from lawsuits and other legal issues, and to make sure that you’re following the necessary employment laws.

However, employment law is a notoriously complex subject, and it can be difficult to know when to consult an employment lawyer. In the rest of this article, we’ve looked at a few common situations requiring one from the point of view of both the employer and the employee.

When Should I Speak to an Employment Lawyer as an Employer?

Hiring a good employment lawyer can help you resolve various labour issues and other workplace disputes. In many cases, they will also be able to help you review contracts and other agreements to ensure they are correctly written and legally binding. Some common situations requiring the services of an employment lawyer when you’re the employer include:

  • When you need to be represented during a collective bargaining agreement or other legal dispute.
  • If an employee or contractor has filed a discrimination or harassment case.
  • If you need to fire or lay off employees but aren’t sure if their contracts allow you to.
  • To ensure your contracts and other workplace agreements are watertight and legally binding.

In general, employment law tends to favour the employee. Because of this, it’s a good idea to get a decent employment lawyer on your team to ensure you’re doing things by the book.

When Should I Speak to an Employment Lawyer as an Employee?

There are also numerous occasions when employment lawyers could help you as an employee. Some of the most common situations include:

  • If you believe that you’ve been unfairly or wrongly dismissed or fired.
  • If you feel your employment contract needs reviewing before you sign it.
  • When you want to make a sexual harassment, bullying, or discrimination claim.
  • If you believe that there are other workplace issues that need dealing with.

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By In House Legal
New Business Lease
Commercial Law

Why Should I Speak to a Lawyer When Negotiating a New Business Lease?

Negotiating a new business lease can be difficult. From your point of view, you need to try and get the best deal possible by signing a favourable lease. However, the lessor will also be trying to get the best deal possible, by charging higher rent and making you sign a longer lease.

Commercial lease negotiations can become complicated if you’re not sure what you’re doing. It is therefore usually a good idea to employ a commercial lawyer to help you negotiate your lease. They will be able to read through any legal documents before you sign them, making sure that you haven’t overlooked anything that you’re going to regret in the future.

Here’s a few of the other ways a commercial lawyer, such as Commercial Lawyers Perth, can help you negotiate the best business lease possible:

They Will Be Able To Help You Work Out Fit-Out Costs

If you’re leasing an effectively empty building for your new business then you will need to fit it out somehow. Your lawyer will be able to facilitate discussions about this between you and the lessor, making sure that you get a favourable deal.

To begin with, it’s important to make sure that you’re actually going to be able to modify the premises to fit your business needs. Make sure that you get written permission for any modifications in your lease document before you sign it so that you’re protected in the future.

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By In House Legal
The Police
Criminal Law

What Happens if I Give False Information to The Police?

Providing false information to the police is an extremely serious offence which can have a range of ramifications. If you have been or think that you might be charged with perjury or some other form of making a false statement to the police, you should consider hiring a decent criminal lawyer.

The penalties for making a false statement to the police will vary depending on the severity and context of the infringement. In this article we’ll have a look at these penalties, at some of the things you should do if you’re charged with a crime in this category and at a few of the reasons why you should always use a decent lawyer to defend yourself.

What Constitutes “False Information”?

There are basically two types of false information that you can provide to the authorities. They include:

Lying to the police during an investigation – The most common form of false information comes as small lies to the police. People often don’t tell the full truth or tell a twisted version of a story to cover themselves and to try and prevent trouble.

Lying in court – On the other hand, you might be accused of lying in court. Again, this is a very serious crime, and can result in significant fines or even prison sentences.

It’s important to note that making honest mistakes isn’t an offence – providing false information that you thought was true won’t get you into trouble.

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By In House Legal