SXSW Legal – Page 5 – Online Legal Advice

How Are Combat Sports Legal?

They have been around for so long, that many people never really think about their legality. It certainly causes grief amongst various groups, particularly those who deplore violence of any kind. Since the purpose of the sports, such as boxing, is to cause physical injury to another person, how do participants avoid criminal charges? Sports like kickboxing, wrestling, and martial arts do seem to fall under criminal assault laws. But they clearly are not considered illegal, and there are reasons for this, however ambiguous they seem

The Laws

Australian jurisdiction covers combat sports specifically. The Combat Sports Act 2008 in NSW, and the Professional Boxing and Combat Sports Act 1985 in VIC are two of these. But what exactly makes something a “combat sport”, and not just regular fighting? It needs to fulfil at least one of these requirements:

It must be carried out for a profit.
The participants must be given some type of money reward.
Members of the public must be allowed to watch in exchange for an entry fee. If it is a charity event, admission prices are not required. However, a combat sports charity event must be overseen or organised by an amateur boxing organisation or the Minister.

It is easy to see that what happens during a combat sports event, and in an incident of assault, are largely similar. In both situations there is bodily harm or even serious wounds given, on purpose. While the above laws seem fairly straightforward, there have been many cases regarding the matter.

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With Children, Do You Really Need the Courts?

In many legal situations, it is pretty clear that a court order is going to be necessary. When one or both parents are arguing heavily, and simply cannot agree with each other, there might be no other choice. Where there is a lot of conflict, and especially when the safety of a child is at risk, family lawyers like Robertson Hayles Lawyers should be involved.

There are many times when it seems like a legal agreement, such as a Parenting Order, is not necessary. If both parents are getting along with each other, and have separated without much bad will, you might think that things can be worked out between each other. Are the children being kept from hearing adult discussions, and able to continue their lives without being disturbed by fighting? An agreement might have even been outlined, where each parent is happy. When both are flexible and willing to accommodate each other, for the sake of a child, it might seem like everything will be fine.

You might be in a situation like the one described above. Maybe there is even an informal agreement in writing. Separated and divorced parents still tend to have lacking communication with each other, and emotions can run hot without much warning. Both parents could be putting the interest of their children before their own needs right now, but things can happen to change this scenario.

Family Lawyers from familylawassist.com.au say it is always best to get a formal agreement as a court order, in case something should happen in the future. This does not mean that you are bad parents, just because family lawyers have been involved. Rather, it is there to make sure that everything stays amicable.

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“No Idea” About Minimum Wage Laws Leads to $46,000 Unpaid Wages

A business where management claimed to have “no idea” about the laws regarding minimum wages, has been ordered to pay $46,000. This was announced by the Fair Work Ombudsman, regarding the owner of a fast-food restaurant located in Melbourne. The operator had been paying its staff below the national award rate, and told officials that they did not know about minimum wages.

A food outlet, called Mr Kitchen Box Hill, was the business in question. Between December of 2013, and January of 2015, 18 employees were paid less than they were legally entitled to. The owner and the employees had agreed to a flat rate of $17 per hour, which is $1.52 an hour less than the award rate for the fast food industry. Of the individual employees, the biggest two underpayments were $12,071 and $13,584. Chinese nationals operate the company, via DM&G Pty Ltd. It is located in the shopping centre in Box Hill.

Natalie James, the Fair Work Ombudsman, stated that the Fair Work officials believed the underpayments to be an honest mistake. They did not find any reason to believe that the operator had been paying their staff too little on purpose. They genuinely seemed to be ignorant of the laws. The limited company has complied with officials, and expressed a desire to follow the workplace regulations closely in the future. The company has signed an agreement with the Fair Work Ombudsman, which is an enforceable undertaking. This will ensure that their behaviour does comply with workplace legislation in the future.

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Winning the Lottery after Separating

After you and your spouse separate, do you think all lottery winnings should be yours alone? Striking it rich should be the happiest of times for just about any person. However, the idea of being forced to share that money with someone who you are no longer with, could be enough to ruin this for many people.

There is a chance that a large amount of your winnings could be awarded to your ex-partner. There are many cases where exactly this has occurred. One example is from October of 2014. In this situation, the Eufrosins were still married, but had been separated. The money that paid for the ticket in the first place was carefully considered in this case. The wife was the winner of the lottery, but the husband claimed that the ticket was actually purchased using funds that they shared. His logic was that he had contributed to buying the winning ticket, and felt that he deserved a share of the lottery money.

The outcomes of this trial have held that the relationship’s circumstances will play a large part in deciding whether the winnings should be shared. Although an agreement was in play where they were both withdrawing money from a shared asset, the court did not consider them together in any way. Each of the couple had been living ‘separate lives’ for six months, before the wife actually bought the ticket.

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Victorian Drink Driving Trends and Laws

It should go without saying that the legal system heavily frowns upon drink driving. Where a drunken driver’s actions lead to serious injury or death, the case it taken especially seriously by judges. When people get behind the wheel of a car after drinking more than the legal amount, they are risking the safety of others, and the community as a whole.

There are a number of factors that will affect what the consequences are for drink drivers. If charges have been laid against you for drink driving, and you are found guilty, things like the level of alcohol in your system, if you have had any previous offences, if you were taking narcotics, and how fast you were going are all factors. Depending on these things, you might face some serious time behind bars, should you be convicted.

If you have been charged with drink driving, and given a summons to go to court, legal counselling will be essential. This is a dire charge, and it should not be taken lightly.

Statistical Trends

The Transport Accident Commission of Victoria has gathered data to indicate that drink driving is generally less common, in the past decade. This is largely due to breath testing for alcohol, as well as drug testing for drivers. The random breath tests on roadsides, as well as the “booze buses”, have been a boon to police and governmental efforts.

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Sorting Out Finances for Cohabiting Couples

If you are living in a de facto relationship, as many other couples around the country are, you might think that there will never be need for lawyers. After all, Davies & Co Lawyers tell us that without the formal agreements that come with marriage, everything you own is yours alone, right? This is a dangerous way to think, because you do not need to be married to be at legal risk, when it comes to your finances.

Couples who have been classified as de facto have a lot of the same rights as married couples, when it comes to separations. In fact, property settlements are largely similar, whether you are married or just cohabiting. This can even extend to the division of superannuation, and spousal payments.

Many people are not aware that they are living in a de facto relationship. When two people are in a relationship, and they live with one another in a domestic sense, they can be considered to be de facto. However, it does get a little more complicated than that. Couples who are not actually living together full time might still be de facto. When at least one person in the couple is still married to another person, or one or both of them are part of a de facto relationship with another person — they can still be considered de facto with the first mentioned person.

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New Vaccination Laws Could Put Stress on Families and Courts

The new “no jab, no play” laws might bring more problems than many advocates are aware of. Where separated and divorced parents are concerned, differing opinions could lead to undue pressure. This in turn could place additional stress on the family court system.

The Victorian Government has been pushing to bring in legislation that would effectively force parents to immunise their children, if they want to take advantage of childcare facilities, as well as kindergartens. Laws such as this have been passed in the US, as with California. Parents in the area are required to have their children immunised, unless they have a legitimate medical reason not to do so. This does not take into consideration personal beliefs on the topic, and has been a highly controversial law.

The Abbott Government is looking to deny payments from the Family Tax Benefit for any parents who refuse to have their children immunised. This stands to bring a whole new series of problems, as far as divorced or separated parents are concerned. A problem that many people seemingly do not see, is that the situation will compel separated and divorced parents to take the matter to court, where they do not see eye-to-eye on the topic. And many separated parents really do not need another reason to place more strain on the family court system.

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Fortune Telling and the Law

There are many aspects of live that people do not think relate to criminal offences. One of those things is fortune telling. While the act of fortune telling is not actually an offence in Australia, there have been criminal cases surrounding the profession. These also cover other areas, where anything similar to using “mysticism” or “divination” as part of a business occurs.

It would please many people if fortune telling were illegal. After all, there is no evidence that these businesses are legitimate. It also raises questions about what “misleading” exactly is. Can a fortune teller be criminally charged for giving a prediction that turns out to be untrue? Looking at the laws, this might seem to be the case. However, the legal system is more concerned with people using their spiritual businesses to defraud and take advantage of people, in more malicious ways.

Is Fortune Telling Legal?

Fortune telling is a criminal offence only when the person doing the telling plans on misleading people as part of a crime. This is how the law goes in South Australia and the Northern Territory at least. Anyone who uses a spiritualistic method to defraud someone is considered to be breaking the law in these places. This is demonstrated in the case below.

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Don’t Hesitate to Ask About Legal Fees

Legal fees are a big concern when members of the public think they will need a lawyer. This is for a good reason, as those fees can add up to, and in excess of, tens of thousands of dollars. It is important to realise that this usually only happens when litigation cannot be avoided. This is typically due to at least one party being difficult or claiming more than they are rightfully entitled to. Whoever is the cause of the problem, both parties are often forced to spend thousands of dollars too much on legal fees.

In reality, most legal matters will not lead to litigation. The price of legal representation is often much less than the public assumes. A lawyer will generally charge by the hour. Choosing a solicitor who deals with a range of different legal areas might seem cheaper. A lower hourly rate seems like it will make things easier on the bank account. However, by retaining a lawyer who specialises in family law — you will find that they are more efficient, and can get the job done in less hours on average. This will work out as a comparative total fee, while securing a more suitable type of legal representation.

If you want to be sure that legal fees do not run to high, it pays to be sensible about how you proceed. Rather than being unrealistic, it is wise to take any advice that your solicitor gives you. Unless other parties are particularly difficult or spiteful, there should be no cause for high legal fees. You should find that the costs for adequate legal representation are quite reasonable when things are done in an efficient manner.

To give yourself piece of mind, and to avoid any unexpected expenses, you have the right to ask about potential fees before you accept legal aid or online legal advice. A good lawyer should be eager to tell you about possible costs, rather than going ahead with decisions, while you are left wondering. In many legal matters, there is a chance that unseen fees with accumulate. You should never hesitate to ask for information about fees that have been incurred, and also about estimated future fees.

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Process of Prosecuting a Crime

Before a criminal case can be filed, there has to be a police report submitted. This is read by the prosecutor, who will decide if the matter needs to lead to criminal charges. The prosecutor can alternatively ask the grand jury to make the decision, asking what charges need to be filed. After this, a preliminary hearing is held by the judge, where they will decide if the matter should proceed. This usually relates to how much evidence is available, and whether there really is any case to pursue.

Charges must generally be filed within around two or three days, by the prosecutor. Since they need to make a decision so quickly, the actual charges might change over a length of time.

Arrest and Police Report

If someone has been arrested, they cannot be charged with a crime immediately. First, the police must create the aforementioned police report, which is given to the prosecutor. The details that lead up to the person’s arrest are recorded in the report, as well as information about the actual arrest. This includes things like the time and date of the arrest, where it happened, who was there to witness it, etc.

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