SXSW Legal – Page 4 – Online Legal Advice

Use of Force as Self Defence

The laws of self defence differ in many countries but the general principle is mostly the same. The US allows its citizens to carry a few weapons with them in order to protect themselves; however, they must have a license to carry those arms. On the other hand, Australia is against the use of weapons in self defence situations and is highly dependent on the police for the protection of its citizens.

Self defence is an act performed by an individual to protect themselves in case of murderous intent, assault and battery, rape or any other violent act being committed towards them. A plea for self defence can include any criminal charges or liabilities for committing a crime, causing injury to or death of another person in the situation. You may need to consult a criminal lawyer in order to get specific legal advice.

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Adoption and Its Legal Requirements

Adoption is a common process these days but it has not been declared particularly, as a fundamental right of any citizen. This is why, in order to adopt a child or a teenager, a proper legal process is available and must be complied with. Only then will the authorities determine if the person is eligible to adopt a child.

As such, adoption means the legal process of taking responsibilities of a child as a parent and becoming a custodian for that minor. For the process to be successful, the guardian should be an adult and should form an emotional bond with that child over the course of time. This process further benefits the adoptee, by granting them the opportunity to become a legal heir of their adopted parents and eliminate their relationship with their birth parents.

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Laws Regarding Criminal Trespassing

Trespassing, in general, comes under the category of criminal law as well as tort law. However, this article will be focusing on criminal trespassing. It is also known as breaking and entering.

Entering or staying on a land or property without any authorization, permission or right is called criminal trespassing. It also includes entering a place of worship and committing offence, which comes under sacrilege. In such instances, the notices in opposition to entering or residing on the property, are sent, either through oral or written communication, by the owner or through the agent who has been given the authority to do so.

When it comes to legal actions, laws differ from country to country. The consequences may be punishable in some places and simply offensive in other areas. The intention of the trespasser and the circumstances they had to do it in, also come into consideration. With the accusation of a misconduct and felony, the trespasser usually has to pay a fine or spend some time behind bars.

Trespassing on Private Residence

The punishment of a Criminal trespasser differs, based on whether they are entering a place of residence or not.

If the trespassing person is aware of the presence of the owner in that place and still continues to enter or stay within the property, they are deemed as being guilty. The punishment for a basic crime of trespassing includes spending 3 years in jail, and for serious crimes along with trespassing is 5 years behind bars.

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How Does A Binding Financial Agreement Work?

Life is uncertain and by being realistic about it and planning before a problem occurs; you can avoid a lot of issues in the future. Binding financial agreements are those contracts which are made before, during or after the course of a relationship. It is based on the planning of finances and asset division if the relationship falls apart.

These agreements are made between people before, during, or after a de facto relationship or marriage; the de facto couples can be of same or opposite sex. Although a lot of people frown upon such agreements; they may save you from a lot of legal troubles.

Types of BFA

There are five types of BFA in all, which include: Prenuptial Agreement, Postnuptial Agreement, Cohabitation Agreement, Separation Agreement, and Divorce Agreement. These are applicable, depending on the type of relationship you are involved in. Prenuptial and Postnuptial Agreements are for married or intending to marry couples, whereas Cohabitation Contracts are for de facto couples who live together or are intending to engage in a live in relationship.

The Separation Agreement is for both married and de facto relationships who want to break up and live independently; whereas Divorce Agreements are made between divorced couples for property settlements. The Family Law Act 1975 covers BFA and the agreements and sections are similar for same and opposite sex couples.

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Laws regarding Sexual Harassment at the Workplace

Sexual harassment is a type of sex discrimination. In it, the victim feels intimidated and mortified by any undesirable or unwanted sexual behavior. These sexual advances are not reciprocated or consensual. It is also highly contrary to everyday interactions, flirting or friendship among workers.

In a few circumstances, sexual harassment is against the law as stated by the Sex Discrimination Act 1984.These advances include, undesirable physical touching, sexual innuendos or remarks, requests for dates or sex, staring, sending sexual content through emails or text messages, or having journals, posters, or screensavers, which are inappropriate and of a sexual nature.

Sexual Harassment at the Workplace

Sexual harassment doesn’t have to take place at the workplace to be considered workplace harassment. Workplace sexual harassment consists of any harassment of a sexual nature; which is either during work hours, during activities of work, such as training, conferences, parties, functions or trips; or harassment that takes place away from the office but is the result of or initiated from a workplace scenario.

Sexual harassment at work can create many problems for the employees and the employers. These include; stress, employee resignation, less productivity and low self-esteem. The Equal Opportunity Act, 1984, and Work Health and Safety Act, 2012, work towards the prevention and reporting of such behaviour and look after the employees’ well-being and satisfaction with their work environment.

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Sexual Offences and Legal Actions against the Offenders

The Crimes Act 1900 (NSW) states sexual offences as criminal offences. These offences include; sexual assault, indecent assault, indecent acts, child sexual assault, and aggravated sexual assault. Committing these acts or even an attempt at committing them counts as a sexual offence.

In 1981, a few modifications were made in this act, which added ‘rape’ to the ‘sexual assault’ category. Moreover, the act was made gender neutral to remove the bias. Hence, now, both male and female can be victims and offenders. Below discussed are the definitions of these offences with the legal actions taken against them.

1. Sexual Assault

Sexual assault refers to having sexual intercourse with another person without their consent. The act includes penetration of the genitalia into any part of the body of another person, oral sex, as well as continuation of the act after the consent has been withdrawn.

Consent is a voluntary permission given by the other person in a conscious state about the exact act that can be performed. It cannot be attained by fear, threats, force, fault, fraud, or in an unstable mental state.

Legal Actions

The penalty for the offender is imprisonment for 14 years by section 61L and all acts have equal consequences.

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Probate and Non-Probate Properties

When making a will, an individual should know the difference between a probate property and a non-probate property. The property will be distributed among heirs and beneficiaries after their death; therefore it is important to know such differences. Assets which the court distributes among the heirs are called as probate assets; whereas the assets which go straight to the beneficiaries and don’t have to go through the process determined by the court are known as non-probate assets.

As the probate process is lengthy and includes steps like; hiring an executor administrator, assets collection, bills payment, tax filing, property distribution among heirs and filing of final account; people attempt to steer clear of it and focus on non-probate properties.

Probate Assets

If the decedent is the sole owner of the property, it is called as probate assets. Following are included in probate assets:

Personal property comprising of jewelry, car, furniture, and any other expensive item.
Bank account belonging completely to the decedent.
Partnership, limited liability company or corporation interests.
Life insurance policy or brokerage account in which the deceased or estate are listed as the beneficiary.
Real property owned by decedent or seized as a common tenant.

Non-Probate Assets

Non probate assets incorporate:

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Are You Getting Ripped Off at Work?

As an Australian employee, you have certain rights that ensure fair pay and treatment. Workers must be paid the right amount, when they are entitled to it. In addition, they must be given all applicable entitlements, and be treated in a fair manner while at work. It is unfortunate that employees are often taken advantage of, and not permitted what is rightfully theirs. To make matters worse, a lot of people do not know that they are being paid less than they deserve, or having entitlements withheld.

This is a guide to help employees identify whether or not they are being “ripped off”.

What Type of Employee Are You?

First, it is important to understand what kind of employee you are.

Full time workers are generally under contract to work around 38 hours each week. They might also receive benefits such as paid leave, a minimum number of work hours guaranteed each week, and minimum requires for being terminated.
Casual workers are not hired on a regular basis. They do not have a guaranteed amount of hours, or any fixed shifts. They can have their position terminated at the end of any shift. They also do not receive benefits such as paid leave, or any minimum requirements for being terminated, such as notice. To compensate for this, casual workers typically receive a higher award rate than their full time counterparts.

Where Is Your Contract?

If you are being legally employed, you have some type of work contract. This might not necessarily be in writing, however. A conversation that took place when you got the job counts as a verbal contract. It could also be made up of terms that are in writing, and which were agreed upon verbally.

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Can Your Employer Suspend You?

Most people are lucky enough to work in an environment where the employees and managerial staff get along well. Even so, people often do not agree in certain situations. When this happens, things are hopefully resolved amicably. When this is not the case, it might be necessary for a boss or manager to wish to suspend someone from work. They might even want to go so far as to suspend an employee’s contract entirely. While school principals often need to suspend children for various reasons, people might wonder if it is legal for an employee to be suspended from their job.

There is nothing in common law that gives an employer the right to suspend a worker without their pay. That includes situations where an employee’s behavior was bad enough to get them fired, if that were possible. When creating a contract at the commencement of a new position, an agreement regarding suspension can be included. If such a contract, statute, or award does already exist, an employee can be lawfully suspended from work. They might not be entitled to their wages, or be under obligation to carry out any duties in the workplace.

A suspension of an employment contract is just as it sounds: anything required by either side is formally suspended. However, the agreement might still require certain actions from one, or both, sides in the case of a suspension. It really depends on the terms of the agreement, statute, or award, as to what is required by each party. The agreement might also have stipulations regarding an employee’s right to resign, and effectively terminate the contract themselves.

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All You Need to Know About Probate Procedure

Distribution of resources takes place after the death of the property owner among the selected beneficiary or their heirs, as the law states. For that purpose, the assets of the decedent go through the process managed by the court, named probate process. The process is necessary as it facilitates in; proving the legitimacy of the will, appointing executor to manage the estate, finding heirs, inventory of the property of decedent, and property distribution of the dead person according to their will, or state law; in case of no will.

Probate Process

In this process the debts of the deceased is settled and the legal ownership, if it is owned completely by the departed person, is transferred to their beneficiaries and heirs. In case of will going through the process of probate, it is initiated when the executor of the will (nominee of the decedent) take the will for probate in the court of the same country the deceased lived or had property in.

Situation where the will is not present, the person needs to take court’s permission regarding appointing them as a proprietor of the estate. This individual is either the spouse or a mature child of the decedent, most of the time. When the court appoints them, they become the executor or manager of the estate, lawfully.

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