he art of thinking like a lawyer.It's a form of swift reasoning, cool logic, effortless problem-solving skills and precision analysis that many non-lawyers wished they possessed in heated exchanges between partners, friends or colleagues. It's the kind of calculated mental weaponry that shields you from unhelpful, inflammatory emotions while actively disarming your opponent … [Read more...]
Negative Gearing: Reform Needed For The Greater Good
roposed changes to negative gearing policy by both the Government and Opposition in a bid to aid struggling first home buyers are misconceived and not based on the reality of what is happening in today’s property market.While some level of negative gearing reform may assist our economy, significant changes are likely to only cause pain to the same group of disadvantaged … [Read more...]
#QuickLaw: Can You Receive A Fine For Jaywalking In Australia?
icture this.It’s 11 PM on a Monday night and you’re headed to McDonald's for a late night study snack. Just when you are about to cross the road the pedestrian light turns red, and a single car passes through the traffic lights.With no other vehicles on the road, you decide to cross on a red light. Little did you know that this single act could land you on the receiving end … [Read more...]
Changes To NSW Motor Vehicle Accident Laws
n 1 December 2017, the Motor Accidents Injuries Bill 2017 (NSW) came into effect. This bill supersedes the compulsory third party motor accidents scheme under the Motor Accidents Compensation Act 1999 and changes the ways in which injured parties are compensated for motor accidents.There are two major changes introduced by the new Bill. Statutory benefits now available to … [Read more...]
Explainer: Marriage Amendment Bill Finally Hits Parliament, What’s Next?
esterday a whopping 61.6% of Australians voted in favour of changing the Marriage Act 1961 (the Act) to allow same-sex couples to be legally married, with all states and territories recording a majority YES response.After Prime Minister Turnbull committed to legislate on the issue and make marriage equality a reality in Australia by Christmas, all eyes - both on a national … [Read more...]
Laws Of Conversation: How To Argue Like A Lawyer (Vol. 2)
ove them or hate them, learning to argue like a lawyer is still everyone's obsession.It's not just because lawyers can always identify the appropriate moment to combine mind-bending reasoning and logic with rapid-fire silver-tongued rhetoric in a way that consistently obliterates the opposition in an argument (although that's a big part of it).It's … [Read more...]
FineFixer: A New Service Helping Victorians Manage Fines
nowing how to effectively challenge a fine presents a stumbling block for most of us.In an Australian-first for the legal assistance sector, Moonee Valley Legal Service recently launched FineFixer – a new website that provides personalised legal information to help Victorians understand their legal rights and how to tackle fines.More than 5 million fines are issued each … [Read more...]
Law Day Just Dropped In The U.S. But Australia Goes One Better With Law Week!
ound the trumpet and bang the drums, because National Law Week is here again from 15-21 May 2017.Law Week is an opportunity for the legal industry to celebrate and promote a better understanding of the law and legal processes to the general public. But it's not a unique activity, as similar celebrations centred on the promotion of the rule of law also take place … [Read more...]
Lessons From Airbus: Avoiding Jumbo Jet-Sized Due Diligence Pitfalls
t recently emerged that Airbus has been the subject of investigations in five countries, including Australia. These investigations are in relation to allegations of fraud, bribery, corruption and other offences, such as falsely inflating prices during transactions.This comes amid a review by Airbus into its dealings with third-party consultants, prompted by investigations … [Read more...]
In Brief: Snapshot Of Current Bail Framework In Victoria
A person accused of committing a crime and who is being held in custody is generally entitled to be granted bail unless a Court refuses bail under section 4(1) of the Bail Act 1977 (Vic) on the basis that there is an ‘unacceptable risk’ that the accused person, if released on bail, would:fail to surrender himself/herself into custody and answer bail commit an offence … [Read more...]
Rules Of Engagement: Identifying Illegal Questions At Your Next Job Interview
t is tough out there for job seekers, particularly young job seekers.The current market is flooded with graduates with only 68.8% of young Australians able to secure full-time work within four months of completing formal study. Youth unemployment currently stands at 12.9%, three times higher than the national average.In this climate, being offered an interview is an … [Read more...]
#QuickLaw: Can You Legally Own A Hashtag?
’m a big fan of the #perthisok hashtag (I know, judge me accordingly) but I never really considered that someone could have intellectual property rights in something that seems so unassuming.Hashtags have proven to be very valuable tools for businesses, with Facebook, Twitter and Instagram posts that include hashtags returning twice the engagement rate of those without one. … [Read more...]
#BucketOpinion: Cate Mullins On Why Slash Careers Give You A Competitive Edge
rom a young age, we are conditioned to have a fixed and certain view about our careers and the persona that society attaches to it. Questions like “what do you want to be when you grow up?” or “what does your partner do for a living?” all feed into this psyche. But this is dated and dangerous.Gone are the days of a job for life, and thank God, how boring. Today we must all … [Read more...]
What You Can Do If You’re Unceremoniously Left Out Of A Will
et’s be honest, there are people in our lives who we expect will provide for us once they kick the bucket. It’s not something most of us will openly admit but it is an assumption most of us make, especially when it comes to our parents. I’m not going to lie, I have thought about it. In fact, I have thought about it many times. Having grown up in a blended family I … [Read more...]
Startup Collection: Biggest Legal Risks Threatening Australian Entrepreneurs
There are multiple factors that impact the success or failure of a startup.In Australia, entrepreneurs are being put out of business by more than just underdeveloped planning and poor sales. The grim reality is that over 95% of new startups are destined to fail. Many of these are sunk by preventable legal pitfalls that new business owners did not foresee or did nothing to … [Read more...]
#QuickLaw: Getting Out Of A Parking Fine The Right Way
Parking tickets are the pits.Most of the time you find yourself pinged because you thought you would risk it and park in a "No Stopping" zone while you popped into the shops for 10 minutes. You did it. Admit it.Other times, you may genuinely believe that you have parked legally, only to discover a dry retch-inducing yellow envelope sitting happily atop your windscreen … [Read more...]
Bucket Intell-O-gence: Everything You Need To Know About The Same-Sex Marriage Plebiscite
As the 45th Federal Parliament gets underway, the legalisation of same-sex marriage is one of the issues dominating headlines.It is hard to know how the matter will play out, but there is one option that was first raised by the Abbott government - and that is to hold a plebiscite. This option is being pushed by the Turnbull government, and it has attracted a lot of … [Read more...]
#BucketOpinion: Social Justice And Financially Compensating Victims Of Crime
icero said, ‘the more laws, the less justice’, and nowhere is this more apparent than in the criminal arena, where picking the victim in a criminal offence is not always as easy as it seems.Take two examples that St Johns Legal Centre has dealt with recently.A young woman, Jan, staying in a hostel, is harassed over a period of weeks by a man who is steadily becoming … [Read more...]
Gen Y Survival Guides: Insider Tricks To Thriving In Your Legal Role
o, you’ve landed your dream graduate job (or the twenty-fifth best option). At the very least you’ve managed to get a paid position, which is more than many recent law graduates can say.Congratulations!Welcome to full-time work - including all the joys of early starts, lunch meetings, CLE points, figuring out team dynamics, and triple-checking an email before you send … [Read more...]
Legal Tools for Entrepreneurs: How To Choose The Right Legal Structure For Your Startup
hether you are developing the next Facebook, creating a small family business, or setting up a small to medium business, choosing the right legal structure for your business is integral to your success. There are a number of structures you can choose from when starting (or expanding) your business.Remember, you can change your structure as your business develops but take … [Read more...]
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