Double Jeopardy Law

Does Double Jeopardy Law Exist In Australia?

One of the oldest principles in law, not just in Australia, but around the world, is double jeopardy, but as Perth Criminal Lawyers will tell you, despite it being around for so long, there remains lots of confusion regarding what it means.

In the simplest terms, double jeopardy is the legal principle that means once someone has been found not guilty in court for a crime, they cannot be retried for the same offence.

One of the primary reasons it was introduced in many jurisdictions was to prevent the crown, or the state, retrying the same person repeated times in the hope that eventually they would find a jury that was prepared to convict via a guilty verdict.

The issue of someone’s human rights being overridden by a determined prosecution convinced of that person’s guilt deliberately charging them again and again with the same offence was another reason double jeopardy laws were created.

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Apply for a Restraining Order

Five Reasons You Should Apply for a Restraining Order

As unpleasant as the thought may be, a huge percentage of people across Australia have to deal with domestic and family violence. These are never acceptable, but fortunately, there are numerous actions you can take to protect yourself.

One thing you could do is apply for a restraining order for the person who has been violent against you. In short, a restraining order prevents the specified person from coming within a certain distance of you and anyone else named in it, providing a level of protection for you.

Below, we’ve outlined five reasons why you should consider applying for a restraining order if you’re suffering through family or domestic violence.

  1. Nobody Should Have to Deal With Violence

If you have a partner, ex-partner, or someone else who is violent against you, applying for a restraining order could be a very good idea. Nobody should ever put up with violence, and we’d highly recommend speaking with family lawyers about restraining orders ASAP if you’re in a violent situation.

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Legally Binding Contract

Does A Legally Binding Contract Need To Be In Writing

You may have heard or read the term ‘legally binding contract’, and it may well be that you have sought the advice of your commercial lawyer before previously entering into such a contract in relation to your business.

What the general assumption would seem to be amongst many people, including a lot of business owners, is that in order for a contract to be enforceable that it has to have been written. In other words, their belief is that verbal contracts carry no legal weight, and obligations given verbally are not binding on either party.

That may be the case in other countries around the world, but in Australia, a contract does not have to be in writing for it to be legally binding on all parties. Now, before we go any further, we have to point out that, as with all aspects of the law, especially commercial law, there are exceptions and caveats to what we have just said.

For a start, for any contract to be valid, there are certain elements that must be satisfied. These are:

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Contract Negotiation

Top Tips for Contract Negotiation as an Employee

Employment contracts are a lot more complicated than you might imagine. A lot of people don’t even consider negotiating a new contract, while others go into negotiations with the sole aim of negotiating a higher pay rate. However, there’s so much more to think about than this.

We’d highly recommend negotiating every single contract you’re ever offered. Unless it’s perfect, there’s always room for improvement. It could be worth consulting employment lawyers to ensure you’re getting the most out of your negotiations. And remember, money is only a small part of the negotiation process.

With this in mind, we’ve put together the following list of our top tips for contract negotiation.

  1. Speak With an Employment Lawyer

When the time for contract negotiations are coming up, it could be worth getting in touch with your local employment lawyers. They will be able to work with you to ensure your contract is legally binding and fair, regardless of its terms.

On top of this, a lawyer who understands the complexities of Australian employment contracts will be able to ensure you’re getting the best deal possible. Again, it’s not all about money, and a lawyer will help you get the best outcome possible

  1. Start With a Draft and Keep It Simple

Meanwhile, it’s a good idea to start with a simple contract draft to ensure you and your employer agree with the main points. Once you’ve fleshed out the main components of your contract, you can begin to fine-tune the terms and conditions.

At the same time, it’s important to keep your contract simple. Avoid complicated jargon and unnecessary details, as all they will do is confuse you.

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Prostitution In Australia – Is It Legal?

Prostitution is one of the largest markets in the world. Unfortunately, people throughout the world work as both male and female sex workers every day. Often, these people work in poor conditions or illegally, which has led to a lot of countries cracking down on the sex trade.

In Australia, prostitution is something of a complicated subject. In some places, and in some ways, it’s legal. However, there are also a lot of situations where it isn’t legal, so it’s important to know the rules if you’re either a sex worker or a client. An experienced criminal lawyer like Adelaide Lawyers will be able to help you out if you’ve been caught on the wrong side of the law, but it’s best not to put yourself in that position in the first place.

With this in mind, I’ve put together a quick overview of prostitution in Australia, outlining the main points of its legalities and illegalities.

When Is Prostitution Legal In Australia?

Although the exact rules surrounding prostitution in Australia differ by state and territory, many of the laws are consistent across the country. In general, prostitution is legal, but profiting from someone else’s prostitution isn’t – except in specific circumstances.

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When is My Relationship Considered ‘De Facto’?

De facto relationships are becoming increasingly common in the modern world as less and less people marry at an early age. Instead, people often decide to live together without getting married, which leads to them being considered a ‘de facto’ couple under the eyes of the law at some point.

Now, there are important legal considerations that you need to be aware of once you are considered to be in a de facto relationship. The best way to understand these is to speak with your local family lawyer, Family Lawyers Perth, but we’ve done our best to provide a brief overview below.

What is a de facto relationship?

The exact definition of a de facto relationship does differ by state in Australia, but basically it involves a serious relationship between two people who aren’t married, but who live together as if they are. There are a lot of things to think about when working out if you’re in a de facto relationship or not, including:

  • How long you’ve been together.
  • How long you’ve been living together. Usually you need to be living together at least part of the time to be considered de facto.
  • Whether there’s a sexual relationship and whether you have children together.
  • Whether you share joint bank accounts or own major joint assets.
  • Whether you act as if you’re married or in a serious relationship when you’re in public.

As you can see, there are a lot of factors that contribute to help the law identify if you’re in a de facto relationship or not. If it’s particularly important for you to know then consider speaking to your local family lawyer.

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9 Things to Consider When Starting Your Own Transport Company

Many people who love driving trucks decide to start up their own transport company. The kind of freight they take may depend on the size of the truck and whether they want to travel interstate, intrastate or just in the same city. No matter what kind of business you start, there will always be the need to do it properly and adhere to the rules and regulations for your industry.

Here are 9 things to consider when starting up your own freighting company.

  • Choose a business structure. Operating as a sole trader is the cheapest option and you can still employ people. Other common options are partnership, company and trust. These take a little longer to organise and cost more, but not all that much.
  • Register for an Australian Business Number (ABN). This is free and only takes around 15 minutes. It is not essential, but there are good reasons for doing so, such as claiming tax credits. You’ll also need to register your business name, register for GST if you expect your GST turnover to be $75,000 or more, get a business or personal tax file number and you may need to register for PAYG.
  • You may also want to register a trademark for your business.

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