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For someone to declare themselves bankrupt, is not easy. It’s a complicated task and require a great deal of patience and proper knowledge. If you are finding yourself in debt and wondering how to declare bankruptcy in Australia, make sure you talk to your financial advisor.
While some people have the misconception that declaring bankruptcy would free them of all their troubles, it is not the case. There are certain financial obligations which they have to fulfill and these are actually ordered by the court to be fulfilled.
If you have had any previous debts against your assets, the first thing which happens is that all your assets are liquidated. Also the court appoints a trustee who is responsible for handling all your financial situation. Any surplus funds that you possess would also be liquidated and the amount would be used to pay off the rest of your debts.
It should also be known that the person who is in debt doesn’t necessarily have to be the initiator for bankruptcy. Your creditor can also file a petition for your bankruptcy in the court. Normally a debtor who files the bankruptcy petition is usually better off than the former. This is because you would then be free to choose your own trustee and even control the situation to a certain extent.
Once the filing in court has taken place, you would be expected to make an appearance in court. You could either agree to the claim or deny that you are not bankrupt. Once you agree to bankruptcy the court would immediately appoint a trustee. There would also be certain policies, procedures and restrictions made on you. If you choose to claim that you are not bankrupt you would then go about proving it. You might need to prove that you don’t owe any debt to the said creditor. Either that or you have made all the necessary payments. Plus if you are in debt you have certain ways to pay off all those debts.
When you do declare being bankrupt the curt would appoint a trustee who is responsible for handling your financial affairs. They would be in charge of your financial situation for the next three years.
How do you know you qualify for bankruptcy?
Your circumstances would help in determining whether you are supposed to file for chapter or chapter 13 bankruptcy. The benefits of a chapter seven bankruptcy is that it helps the debtor discharge of their debts sooner and start a new life afresh. While you may not have to pay off all the debt you are still entitled to pay child support and alimony.
In case you qualify for chapter 13 bankruptcy, you would have to make a tree to five year payment plan during which you are expected to pay off all your debts. You need to contribute a set amount on a monthly basis towards covering your debt.
From time to time in life, no matter how easy-going one is, there may be the need to secure the services of a solicitor. So, if it happens that you are in Darwin and the situation comes up, how will you be able to secure the services of the best Darwin solicitors? Well, all hope is not lost, and the essence of this article is to give information and idea on how this can be done. The subsequent parts of this piece will be on information on how to hire leading Darwin solicitors.
- Contact the local chapter of the Australian Bar Association: For those who are able to take this step, it is one of the most efficient as far getting lawyers in Darwin is concerned. The Australian Bar Association is the umbrella body of all lawyers and solicitors in the country and they have local branches. By visiting their chapter in Darwin, you will get all the helpful details regarding the solicitors around. One major advantage with getting across to the local chapter of the Australian Bar Association is that you can be sure of getting only the legitimate and approved solicitors who have been fully licensed by government bodies and the relevant agencies. You can be sure of dealing with only real and valid solicitors.
- Conduct online research: Another option that can be explored while searching for the best solicitors in Darwin is to explore the platforms on the Internet. Cyberspace has numerous platforms with detailed information on how you can secure the services of Darwin solicitors. This applies to websites, law forums, social media pages and blogs that are totally dedicated to legal services. By visiting any of these platforms to carry out your searches, you will be able to get across to first-class Darwin solicitors. But it is also good to double check whatever results you have been able to generate online with the Australian Bar Association. This step will fully confirm the validity of the results of your online searches.
- Make enquiries from loved ones: Apart from the steps that have been outlined above, there is another way you can hire the solicitors in Darwin when the situation calls for it. And this is by calling your friends, relatives, family members, friends, associates or even business partners and ask what they know about solicitors in Darwin. There is a very high chance that one or more of these people will be able to volunteer useful information on how to get this done. Some are able to make good recommendations based on their previous experience with one solicitor or the other in Darwin.
- Search court records: Considering the fact that court records are public, and anyone can access them, they are always a good place to begin the search for Darwin solicitors. From the court records, you can see the solicitors that have handled cases that are very similar to yours and also check the performance of each of them.
The death of a loved one can be a time of great emotional turmoil. There are already so any problems that one if undergoing that when the time to execute a will comes, it’s not an easy thing for the family members. Whether a loved one has left a will or not, distribution of the asset in a probate court can be pretty complicated. This is something which isn’t easy for a lay person to handle and is best left to the professionals.
You would need to hire a solicitor in Maryborough, who would handle the matter of inheritance. The following tips would help you find the right solicitor.
- Set a few goals. Get to know why exactly you need a solicitor. You should be aware that there is a genre of solicitors who deal with probate law. Hiring someone like that would help make things easier for you.
- Also there are solicitors who specifically practice probate and inheritance law. If it’s a meter of inheritance it’s better to go for someone who just does that.
- Also another thing which should be kept in mind is whether the will is being contested or its simple a matter of dividing the assets as mentioned. If the will is being challenged you need to find a solicitor who specialises in handling such cases.
- You can find solicitors by also having a talk with friends or other family members. Perhaps one of two of them might have been in a position which is similar to yours. Getting recommendations form people whom you can trust can be the best decision that you would make.
- You can also make use of online directories to find names. Once you have a few leads you can then follow up by holding interview with solicitors in Maryborough. This would help you know whom exactly would you feel comfortable being with or working along with.
- Most solicitors have their own website. You can visit the website to get an idea regarding how the solicitor works. Take a look at previous client reviews. Also this is one place where you can find all about their experience and area of specialisation. Licensed solicitors make sure they mention this fact on their website.
- You should also make sure that you do a complete background check regarding the solicitors previous work experience.
- Once you have short listed a few solicitors, make sure you schedule a few initial consultation with all of those mentioned in the list. If someone is not willing to provide an immediate consultation you could wait a week or so. Anyone who takes longer time may not be the best person to go to. It’s because they are already loaded with other cases and might not be able to give you ample time.
- Once the appointment is scheduled it’s necessary that you have all the right information regarding the estate. This would help the solicitor to understand the complexity of your case.
Keeping all these thing in mind would help you find the right solicitor in Maryborough.
It is said that true character is measured when a person is alone, and there is no chance that another individual is eavesdropping or stalking. Anyone can look good in front of people, but the moment everybody leaves, the deepest and darkest secrets come to life. This is closely associated with how crimes are made at the back of the criminal’s mind. Premeditated murder or a manipulative accident or a disappearing act are products of this line of thinking.
Solving crimes can be challenging or rather exhausting especially when your leads go down the drain or brings you to a rabbit hole. This is probably the reason why an intelligent way of solving crimes does not rely only on police work or a lawyer’s wit but on how private eyes follow a rainbow to the pot of gold.
Private eyes in Brisbane take pride in how they manage even very complicated crimes in their area of responsibility through the years. They are not alone in facing problems every day. They collaborate with law enforcement and attorneys handling high profile and highly sensitive cases.
In order to get a good grasp on what line of work do private eyes perform and how they do it, check the following information:
Private eyes defined
The job comes with several or different names like a detective, a slew, a stalker or others regard them as a spy. They are also considered investigators who are hands-on in gathering evidence or uncovering the truth from a simple illicit affair to a missing person or to an individual suspected of wrongdoing.
The core of crime detection and investigation
Private eyes collect information, documents and other items, and they provide what they collect to clients, supported by the necessary documents in order for them to create educated decisions.
How they get a job and who they’re working with?
Private eyes or investigators are independently hired by clients to do a particular or specific job. They collaborate with lawyers, companies or individuals who have an interest in solving simple crimes to complicated ones.
Working with attorneys
They usually serve papers, locate documents, interview potential witnesses, locate witnesses, locate people of interest, including institutions with influence on people like banks and hospitals.
Assisting corporations or companies
Detectives can investigate employees, set up covert cameras around businesses to see what’s going on or follow employees involved in time theft. Private eyes also would do background checks on future employees or even pose as secret shoppers or customers to a store or a restaurant. Lastly, they can also work as security to avoid or prevent loss of money or other property.
Helping ordinary or regular individuals
Private investigators become the one and only hope for desperate people who want answers to their doubts or unanswered suspicion. A concrete example is when someone will ask a detective to know the real cause of death, whether natural or has indications of self-infliction or possibilities of a foul play.
Technology vs. Crime
Our private eyes do not depend only on their abilities to solve a crime or conduct consultations with law enforcers and lawyers. They also have trust and confidence to come up with an idea of using the following “small but terrible” gadgets or pieces of equipments to help them do their job better and to be at their best. These are:
- Recording devices
- GPS Tracking and Listening Device
- Phone Tracker Spyware
- USB Digital Spy Voice Recorder
With these things around, you will never doubt how your Brisbane Private Eye gets the job done as you look further to crime prevention that will never be the same again.
In case of criminal charges, you are offered a public defender. But one cannot expect a lot of attention from a public defender so the chances of the case turning out in your favor can be low. Thus, it is better to hire a criminal defense lawyer and as early as possible. Before you do that though, make sure you ask the potential criminal defense lawyer these questions to ascertain their expertise and experience. This way you can rest assured that your case is in capable hands.
What is your area of specialization in law?
Ensuring that your defense lawyer knows all about your case and has a good knowledge and experience in this reference is very important if you want a way out of this case. It is the most vital question while hiring a criminal defense lawyer as different criminal lawyers geelong have different areas of expertise. Some deal with drug-related crimes, some with murder cases and so on. Therefore, get to know the potential defense lawyer’s area of expertise and statistics regarding the number of cases they have handled that are similar to your case and what is their success rate. Choose the one who is the most familiar with cases like yours.
Who would be handling my case?
In many cases, it is not just one person that handles a case. The arrangements can be made according to client’s requirements but for that, you need to ask. Otherwise, the appointed lawyer might assign the case to some assistant and you might not be able to get what you paid for. If you don’t want to share confidential information related to the case with many and want only the attorney to handle this case and to devote all attention to it, then it’s better to ask beforehand. The team of lawyers or firms might be little less costly but then you might not have the level of confidentiality you desire.
How much would this cost me?
Finding a good criminal defense lawyer might not be as difficult as it is to find the one whose fees align with your budget. Lawyers charge not only the flat fee or hourly fee that they usually quote but there are a number of other underlying chargers. And so, it might end up costing you way more than just the hourly service rate that you thought.
Though it looks very short and straight-forward, this one simple question will help you the most to get an idea about how beneficial would it be for you to hire a certain criminal defense lawyer to handle your case. It will surely uncover a lot about the lawyer’s knowledge, experience, and dedication.
Most people consider a pre-nuptial as a defence against a worst-case scenario. They think that a prenuptial is all about division of assets, because one of the wealthier partners is looking for protection. But this isn’t the case. In fact a prenuptial need not be based on a couple’s income or assets.
In reality a prenuptial is a couple’s way of entering a relationship in an open and trusting manner. This is the time to indulge in open discussion because couples are usually most in love when they are planning to tie the knot or move in together. It’s not in any case related to the time when the two of you might be in argument and wouldn’t be seeing eye to eye because each of you has become too disillusioned.
A prenuptial pertains to division of assets which each partner is bringing into the marriage. Plus it also helps deal with assets which the couple have bought together. Plus it also deals with another major obligation which all couples face: debt.
People from the lower income group who are in a relationship may be under debt. These could be college debts, alimony or child support from a previous marriage. The wisest decision which couples would make is that how these debts can be separated and who would be paying for these debts. It should also be observed how this would affect the joint income of the couple.
A prenuptial is a binding contract which is open to amend in case there is a change in scenario. Some of the best lawyers are of the opinion that in case the couple decides to separate a prenuptial can make things easier and quicker. Usually there is no debate over division of assets and the result is an amiable separation which benefits both parties and costs as little emotional damage as possible.
There are several other thing which can be covered in the contract. For example if the couple belong to different religions, the prenuptial can state in what manner or religion the children would be brought up. Though couples can have their discussions without a prenuptial as well but seeing those written down give them a more concrete structure.
Getting to know what both of you as a couple wants can help things progress in a more understanding manner. When a couple is so in tune with one another’s decisions, the marriage is fruitful and there are less chances of any misunderstandings.
There are many other benefits of going for a prenuptial agreement according to family solicitors in Gold Coast. These include
- It can help protect the inheritance right of children from a previous marriage
- It can help protect a business which is owned solely by one individual in the marriage
- For someone who I giving up their career to be with their partner the prenuptial proves to be a sort of a protection of their financial rights.
For more information on prenuptials contact family solicitors in Gold Coast.
There are such large numbers of family law offices in Sydney that it tends to be hard to know where to begin, particularly in a period of emotional trouble and struggle. This can be exacerbated on the off chance that you have never required a family legal counsellor, and end up overpowered by the measure of pressure required by managing legal issues. Just read on to know more about family lawyers in Sydney.
The Family Lawyers
- O’Sullivan Legal is headed by Ben O’Sullivan, who put in years effectively rehearsing at a main family law office under the watchful eye of the law office. Ben is a specialist in family law, and having a solid comprehension of individual funds because of a retail foundation and a degree in trade. Ben is a recognized master in family law, having appeared in the Sydney Morning Herald a few times to clarify prominent or muddled family law cases. He has likewise been featured on The Project, being included as a specialist on convoluted family law matters in NSW. The mix of family law and individual mastery he has to offer makes him the perfect separation legal advisor, particularly when the separating from couple have a muddled money-related circumstance or other unordinary courses of action.
- Doolan Wager is another incredible family lawyer with specialisations in Divorce, Separation, Division of Assets and Property, Finances Agreements and Property Child Support, Parenting Orders, Child Maintenance, Division and Settlement of Property, Child Custody, Family Dispute Resolution and Mediation, Collaborative Law, Family Violence, Negotiation & Litigation.
- Rebecca Downey is likewise experienced handling family law issues, so on the off chance that you fit into these classifications, she is the lawyer who can help you. At the point when a relationship ends, in order to continue to receive support from your former partner you have to demonstrate that the relationship was vital to your life. For instance, in the event that you surrendered some paid work in order to complete more of the household work to support your partner in their career, then you are presumably qualified for an offer of their benefits – and you may have the capacity to guarantee spousal support. Rebecca is magnificent with regards to these issues, and she is a specialist at figuring out the amount you ought to get.
- Pearson Emerson Meyer is another great family lawyer focusing on divorce, parenting arrangements for children, injunctions and restraining orders, prenuptial and other financial agreements, enforcement and contravention of parenting orders, spousal maintenance for married couples, relocation of children, same sex couples, child support, surrogacy, property and financial settlements, collaborative law among many others. If you find yourself in need of these services, you can rest easy knowing that you have an expert lawyer who is just a call away.
Reasons You Need a Family Lawyer and Benefits of Using One
There are many reasons why you might need a family lawyer, but mostly they are known for handling divorce cases. Having a family lawyer can be very beneficial for your entire family because of the expertise they provide and the wide range of services you can get from them.
Here are some reasons why you might need to have a family lawyer.
Why You Need a Family Lawyer
Adoption – Family lawyers on the Gold Coast are very helpful in the adoption process. The lawyer can help to look at all the paperwork involved and file whatever is required to the necessary authorities.
Child Custody – After a divorce or separation, parents may not be able to agree on child custody. A lawyer can help to negotiate with the parents so that the children are taken care of by the best parent able to provide the best care.
Child Support – The family lawyer can also help to create a child support program for the parents so that they are able to take care of the kids without well and amicably without any parent feeling distraught.
Visitation Rights – The other area that many spouses may not agree on after a divorce is visitation rights. A family lawyer will negotiate the best possible schedule for visitation that will allow the children time with both parents.
Protection from Abuse – A family lawyer can help to end an abusive relationship and get restraining orders that will keep the abusive person away.
Solving Disputes – There are many disputes that may arise in the family enterprise especially due to property issues. Such disputes need to be solved by a neutral party who is only interested in the best possible outcome for all.
Benefits of Using a Family Lawyer
Family matters are usually emotionally charged which can cause the parties involved to make poor decisions. A family lawyer helps to bring objectivity to a case by not being emotionally involved.
Also, since the family lawyer has dealt with such cases before, they are able to assess your situation and predict the kind of outcome that would come from the family court on your issue.
Communication Between Two Conflicting Parties
When problems arise, communication between the two parties involved becomes problematic. A family lawyer Gold Coast communicates with both parties which takes away the emotional trauma of having to deal with a partner that you are in dispute with.
Most of the family issues are resolved through negotiation. Family lawyers Gold Coast have excellent negotiation skills that prevent the cases from going to trial which saves a lot of time and emotional distress involved in going through trial.
Ease of Going through the Legal Process
There are many forms and legal documents involved in family law matters. A family lawyer is able to take you through the process with ease by filling out forms for you, explaining legal information, and filing the required documents. Going through the process alone can be tedious and lengthy.
Law is pursued by many but let’s find out the most popular law degrees in Australia and the top three law schools that you can apply to.
TOP THREE LAW SCHOOLS
- The University of New South Wales (UNSW) only offers dual law degrees to school leavers and other students without a university education. The range of dual degrees is wide and includes the following subjects: actuarial studies, art theory, arts, city planning, commerce, computer science, criminology, economics, engineering, fine arts, international studies, media, medicinal chemistry, music, psychology, science, social science and social work. Applicants need an ATAR score in the high 90s and must sit a Law Admissions test around late September.
- Queensland University of Technology (QUT) offers a flexible Bachelor of Laws degree. Extensive use is made of online learning, and students outside Brisbane can enrol as external students which means you only have to attend the campus occasionally. Options for double degrees include: business, creative industries, justice, creative and professional writing, science, information technology, media and communication, psychology, journalism, and biomedical science. The program develops legal skills in interviewing, negotiation, drafting and advocacy. A Queensland OP of 5 (rank of 92) or equivalent is required for entry.
- The Melbourne Law School at the University of Melbourne is for the most part positioned as Australia’s best law school in scholastic overviews. It is a graduate school. The Master of Laws (LLM) program is accessible to lawful graduates. Different masters are more open and incorporate 16 specializations, from commercial law, through to human rights, medical law and duty.
TOP THREE LAW DEGREES
- Bachelors of law (LLB)– A straight Bachelor of Laws is normally a 4-year degree. It is available to class leavers with a sufficiently high ATAR (or identical) score. College graduates or individuals with some college experience can likewise join in a LLB. By and large, this decreases the length of the course from 4 years down to 3 years.
- Bachelors of law combined degree– A combined law degree (likewise called a double or dual degree) implies you graduate with 2 degrees. You do this by taking adequate units from another program, for example, arts or business. It regularly broadens the length of your program from 4 years out to 5+ years. Combined degrees are valuable if are uncertain about seeking after a legal career or if you need to study in a field that will supplement professional practice.
- Juris Doctor– Juris Doctor is a postgraduate degree that regularly takes 3 years. It is proportionate to enlisting in a LLB as a graduate. The primary preferred standpoint of a JD over a LLB is that projects are intended to suit graduate understudies. The fundamental drawback is that it regularly costs more. Aside from for the higher tuition fees, postgraduate status implies understudies pass up a major opportunity for government monetary concessions for undergrad contemplate.
Law school is not for the faint of heart. It is not easy and rarely a fun experience. Most who have passed out of law school and have become lawyers claim that the life of a lawyer is much easier than the life of a law student. So, here is a few things you must know before you decide to apply to a law school.
- Law school is not like your undergrad. There will be no easy assignments which you can submit last minute and laze around for the rest of the weekend. There is not much partying as well. There is just a hell lot of all-nighters and caffeine pumping through your veins.
- It requires a lot of reading. I repeat, a LOT of reading. You will spend most of your school life in the library reading through never ending books. You will get long reading lists from your seniors and professors. You will be surprised by how fast you will be able to finish books or comprehend and pick up the important themes of an article after one or two years in law school. Most often law students have a self-imposed schedule for reading and to finish the set number of books they have to by the end of the month.
- You need to remember the smallest details. The smallest legislation or law will bring about a significant difference to your case or answers. You have the sweat the small stuff. You need to read through many other previous cases that maybe very old and might seem inconsequential but the littlest detail from a case of the 1980s will come in handy for your research or understanding of another case. Remembering case names is another small thing you definitely have to put some effort into.
- Everyone you meet will ask you for legal advice and you will have to get used to it. The more law you learn the more you will be uncertain of taking a particular legal position. Because of all the controversial and complex cases, you are reading you will find it very difficult or forget how to give clear simple advice for anything. Another problem is that whatever advise people maybe asking it may not be in the area that you are in specializing in because there are various degrees for law. No matter how many times you try to explain to people about this, they will not understand.
- Another thing you must understand, is that it does not guarantee jobs. It is often believed that once you go to law school you immediately become a lawyer and make good money. This is not necessary. Not all people who pass out of law school make it big in the law field. Finding Jobs in law is as difficult as in any other field.