Monday 10 December 2012

No Fault Principle Underpins Australian Divorce Law



Australian divorce law underwent a significant change around 35 years ago when the Family Law Act 1975 came into being and established the principle of a “no fault” divorce. This was a major reform for its time. Prior to the enactment of this new law, it was necessary to prove that one party was at fault. This was often difficult if the marriage had simply ceased to function, or in the case of adultery, for example, actual evidence was required to satisfy the court that the act took place.
New Divorce Laws Freed Thousands of Couples
The Family Law Act was a breath of fresh air at the time, and resulted in a flurry of divorce applications. Because a divorce had been so difficult to obtain prior to 1975, estranged couples often moved on with their lives, going their separate ways but never having officially divorced. The new Act gave these couples the opportunity to end their marriages without fault being established and proven, and thousands of couples took advantage of the opportunity in the first few years after the law was changed. The numbers stabilised over time and are now fairly consistent from year to year.
Under the Act as it currently stands, irretrievable breakdown is the only ground needed to divorce. This is established by separation and a period of living apart for twelve months prior to application. People may still live in the same house during these twelve months, provided they manage their lives as two separate entities. Affidavits are required to prove this separation and in some circumstances, an independent person is also required to make an affidavit confirming the situation.
Divorce becomes much more complicated when the couple is estranged, antagonistic to each other, or when one party wants the divorce and the other doesn’t. There may be issues of domestic violence, drug taking, criminal activity, child abuse and other distressing factors that make these situations extremely volatile. Add in a property settlement of value and the rights of children, and the only way to ensure that all parties’ interests are looked after is to engage family law Sydney representation.
Legal Representation Assists Clients Through Difficult Divorces
ABC Legal provides expert legal advice and representation in all areas of divorce law. Their experience is invaluable when assisting clients who going through a complicated or traumatic divorce situation, and are unable to manage the process themselves. Legal representation almost always gets a better outcome, simply because the legal professionals know the law, the rights of the parties and the Court processes. They have generally encountered most situations in the past and have strategies in place to resolve most issues.
Going through a divorce raises all sorts of emotions that were not necessarily expected at the outset. The people involved often feel vulnerable, confused and are grieving over the loss of something that was once of vital importance to them. The search for a lawyer is confronting, so it is important to find someone who will listen to their concerns and understand their needs. Hamid Mirza of ABC Legal is a barrister who not only provides expert legal advice, but is genuinely concerned for the well-being of his clients.
Engaging Hamid to assist with your divorce will ensure that every issue is considered, every legal requirement met and the process is conducted with dignity in a timely manner. A quick look around the website at www.abclegal.com.au will provide all the information you need to make the decision to contact ABC Legal, including testimonials from grateful clients.

Monday 3 December 2012

The Facts About Medical Negligence



Those practicing in medical professions hold the utmost trust of their patients. Patients hold the belief that they can expect the best care and service from the people in these professions and that in consulting them for specific issues, there will be a remedy sought and due care given.
Unfortunately, this is not a perfect world and sometimes people fall short of our expectations. When standard, and expected, duty of care is not followed in regard to a patient, injury or illness can occur. This can cause all sorts of issues for the patient, from loss of income, to even a loss of limbs, or worse. In this case, not only has medical negligence occurred, but there has been a sense of unspoken trust that has been broken and this can cause emotional anguish in severe cases.
What to do when Medical Negligence Occurs
In situations like these it is acceptable for a patient to seek some form of compensation for what has happened by visiting with a solicitor. At this time, patients are given the opportunity to state their concerns to their solicitor, who will establish whether or not a particular case has grounds to be pursued. A qualified medical negligence solicitor will review a patient's case in full, obtaining all medical history, medical reports and obtaining professional opinions from medical experts.
If you are in a situation where you feel medical negligence has occurred, you will need to get in contact with an expert medical negligence solicitor. If you originate from another country it might be wise to seek the services of a Sydney immigration lawyer to help you better understand the system. Once your case has been reviewed with utmost care, your solicitor will guide you regarding the next steps that may be taken if there are, in fact, grounds for legal proceedings. The right solicitor will skilfully and sensitively work closely with you every step of the way, ensuring that you understand each component of the proceedings and that you are as comfortable as can be with what is occurring.
What can you Expect at the End?
However the case plays out, your solicitor will have your best interests in mind and try to help you find some closure on the situation. Regardless of a financial payout, the most important thing is your recovery and finding a path to being well again, sooner.
If you would like to get in touch with a medical negligence solicitor who will strive to meet your needs the whole way, click here.

Monday 27 August 2012

Get Early Legal Advice to Avoid Bitter Family Law Disputes

We all have occasion to disagree with others either at work, in friendships or other social and community interactions, but most of the time, we are able to resolve these disagreements, if not completely amicably, at least to the extent that we can still associate with the person or persons involved. Sadly, this is often not what happens in family disputes, which can quickly escalate into open warfare with neither side wanting to give ground.

If you or someone you know is in an untenable position in a family dispute, the best option is to seek legal advice as quickly as possible. Many people lose out in these situations because the emotional entanglements are more difficult to deal with than the legal ones. They become angry, hurt and frustrated and these feelings often boil over with serious and sometimes tragic results. Getting the assistance of a legal professional immediately it becomes obvious that there will be no easy solution can avoid all these issues.

ABC Legal is a firm of family lawyers Sydney with a reputation for brokering solutions in family law matters. Their expert legal people can firstly seek mediation and alternative dispute resolution if the parties are agreeable. Sometimes the intervention of an objective third person can crystallise the issues and remove the emotion, allowing the parties to clearly see the likely end result if the matter goes to court.

“My ex-partner was having a lot of trouble moving on after I ended our relationship, and it was becoming more confronting and nasty. I wasn’t prepared to back down either, as there was valuable property involved, so I contacted ABC Legal. They were recommended by a friend, and honestly, I don’t think I would be where I am now without their efforts at mediation. We finally came to an agreement without going to court, and we have both moved on,” said Tansy V.

There are many occasions where mediation is not welcome and it is in these situations where ABC Legal is absolutely outstanding in their knowledge of family law. From de-facto relationship issues to financial agreements and matrimonial property settlements, often involving substantial assets held in complex company and trust arrangements, 
ABC Legal has the skills and professionalism necessary to prepare their clients’ for the Family Court hearings.

“My wife and I started our business from scratch 25 years ago, but as it became more successful, we started having personal problems. By the time we accepted that the relationship was beyond repair, we had two business ventures employing 35 people, several investment properties, a swag of share holdings and other assets. ABC Legal represented me in Court and I walked away with what was fair and reasonable. I think without their expertise, it could have been much worse,” said Vernon T.

ABC Legal’s skills are not confined solely to domestic family law disputes. Interstate and international family law matters are also dealt with and include child support, contravention of orders, divorce applications and annulment of marriage. Some of these matters involve cultural differences and cultural sensitivity, and it is here that Hamid’s experience and training, both as an accountant and a barrister, prove absolutely invaluable to his clients.

“In my culture it is rare to go against the wishes of your family, but I felt I had no other choice. Hamid gave me information and legal advice, but he also understood how difficult this was for me. I felt supported through the whole legal process. I am now making my own decisions and hoping my family will eventually support my choices,” said Nabihah M.

Regardless of the type of family dispute you are currently dealing with, contact ABC Legal and make an appointment to see their legal specialists. Don’t let the issue drag on as this will only cause further animosity. Get it sorted, get an outcome and leave the family conflicts behind you.

Monday 20 August 2012

Why Choosing Your Immigration Assistance Carefully is Worth the Effort


Choosing the right immigration lawyer to assist with the process of lodging a visa or residency application can mean the difference between being legally entitled to stay in Australia, or being returned to the country of origin. This is too important an issue to be left to well-meaning but untrained family or friends, or even to manage the application process personally, especially if language is a barrier or there is lack of understanding of the legal processes prevailing in this country. With a little bit of research and a willingness to spend time talking to various immigration specialists, your short-list of candidates will eventually be pared down to just one name.

Although there are many immigration lawyers providing application services to prospective immigrants, it is much better to deal with one who understands your particular circumstances, and gives you the confidence that whatever issues arise will be dealt with professionally. The person chosen needs to understand just what is at stake should their performance be lacklustre, and that they are not dealing with simple issues, but the lives and futures of an entire family group.

The most important attribute an immigration lawyer can have is the ability to listen – really listen – to the story behind the application, so that they can request any additional documents that they feel may be needed. This is important at the outset since many documents from overseas are difficult to get and to be proven genuine.

It almost goes without saying that the person chosen should also be absolutely conversant with the current legislation and regulations surrounding immigration in Australia. They should have systems in place to ensure that any legislative changes are notified to them immediately they come into force, so they can advise their clients and instigate any actions that may be required as a result of those changes.

Finding the right 
Sydney immigration lawyers is easier today than it has ever been as the internet provides multiple search results and information, and the ability to access various relevant web pages. Rather than choosing the first one that appears, it is preferable to make appointments with several immigration lawyers, and speak to them face-to-face to assess if you could place your trust in the hands of this person. A negative outcome will have a major impact on the quality of your life and career prospects, so this is a step that should not be overlooked as being too difficult.

Talking with other people who have been through the same process and been successful is another excellent way to establish the credentials of immigration lawyers. Word-of-mouth is a very powerful tool and recommendations made in good faith through this process often prove to be correct. Using the experiences of others as a benchmark against your own expectations and needs can provide more certainty than simply selecting a name from a search engine or phone book.

Once you have decided on the person you trust to represent you, do the right thing by them and make sure you have all the documentation ready for your first consultation. This will save their time and yours, and will establish you as a person of trust from their point of view. Answer their questions fully and truthfully, and they will be your advocate for a successful outcome.

Why Choosing Your Immigration Assistance Carefully is Worth the Effort


Choosing the right immigration lawyer to assist with the process of lodging a visa or residency application can mean the difference between being legally entitled to stay in Australia, or being returned to the country of origin. This is too important an issue to be left to well-meaning but untrained family or friends, or even to manage the application process personally, especially if language is a barrier or there is lack of understanding of the legal processes prevailing in this country. With a little bit of research and a willingness to spend time talking to various immigration specialists, your short-list of candidates will eventually be pared down to just one name.

Although there are many immigration lawyers providing application services to prospective immigrants, it is much better to deal with one who understands your particular circumstances, and gives you the confidence that whatever issues arise will be dealt with professionally. The person chosen needs to understand just what is at stake should their performance be lacklustre, and that they are not dealing with simple issues, but the lives and futures of an entire family group.

The most important attribute an immigration lawyer can have is the ability to listen – really listen – to the story behind the application, so that they can request any additional documents that they feel may be needed. This is important at the outset since many documents from overseas are difficult to get and to be proven genuine.

It almost goes without saying that the person chosen should also be absolutely conversant with the current legislation and regulations surrounding immigration in Australia. They should have systems in place to ensure that any legislative changes are notified to them immediately they come into force, so they can advise their clients and instigate any actions that may be required as a result of those changes.

Finding the right 
Sydney immigration lawyers is easier today than it has ever been as the internet provides multiple search results and information, and the ability to access various relevant web pages. Rather than choosing the first one that appears, it is preferable to make appointments with several immigration lawyers, and speak to them face-to-face to assess if you could place your trust in the hands of this person. A negative outcome will have a major impact on the quality of your life and career prospects, so this is a step that should not be overlooked as being too difficult.

Talking with other people who have been through the same process and been successful is another excellent way to establish the credentials of immigration lawyers. Word-of-mouth is a very powerful tool and recommendations made in good faith through this process often prove to be correct. Using the experiences of others as a benchmark against your own expectations and needs can provide more certainty than simply selecting a name from a search engine or phone book.

Once you have decided on the person you trust to represent you, do the right thing by them and make sure you have all the documentation ready for your first consultation. This will save their time and yours, and will establish you as a person of trust from their point of view. Answer their questions fully and truthfully, and they will be your advocate for a successful outcome.

Monday 13 August 2012

Why Emotional Understanding is Just as Important as Legal Knowledge


If you have had occasion to seek the advice and assistance of a legal professional in any area of the law, you will know that the whole experience can be very stressful, regardless of the outcome. The path that you may take as a result of this advice can be life-changing, so it’s important when choosing a lawyer to represent you in any legal matter, to make sure that not only does the person have the depth of knowledge you expect, but also the person understands you, your particular situation and what your objectives are in pursuing legal action.

Choosing your legal representative, then, is not simply a matter of finding someone on Google, but taking the time to ask around friends and relatives for referrals. Select a person, make an appointment to discuss your situation, and if there is no feeling of rapport, repeat the process until you feel comfortable that this particular person understands and empathises with you.

Nowhere is this selection process more important than in family law, since the very nature of the issues speaks to the deepest of human relationships. The family lawyers you choose to represent your interests should have extensive experience in this area of law. Through research and contacting the relevant professional associations, records of qualifications and reputations can be checked.

What is not so clear, nor easy to assess, is the intangible attributes. Qualities such as credibility, tenacity and compassion are all desirable in a legal representative. Credibility is reflective of how the person has conducted themselves in the past in other legal representations. Tenacity is that “do or die” quality of never giving up until the family lawyers Sydney are satisfied that everything than can be done has been done. Compassion speaks for itself and is demonstrated through every-day interactions with people and a willingness to look at a situation and feel for the people involved.

Having all these attributes in one person is possible, and indeed many in the legal fraternity already possess them. While the law is often perceived as simply interpreting what is meant by legislation and precedent, it is the intent behind the written word that is equally important, and it does have weight. Judges consider many aspects of a case including the actual law itself but also how a decision will impact on the persons involved. Perhaps it is this ability that has lead to the belief that an effective judge must also possess the wisdom to look beyond the mere letter of the law.

As anyone whose relationship has deteriorated beyond repair can attest, getting the right lawyer to represent them leaves a person in a much better place to cope with the emotional side of the whole situation. Knowing that any property settlement or child custody issue is being handled by someone who understands the family means that everyone can start working through their emotions without worrying about the quality of their legal advice.

Monday 6 August 2012

Don’t Let Family Disputes Get Nasty – Seek Legal Advice First

The breakdown of any relationship is always difficult and emotional, and this is especially so when children are involved. It’s important at the outset to seek expert, factual legal assistance before the issue gets muddied with well-meaning advice and opinion from family and friends. Hamid Mirza and his staff at ABC Legal are experts in family law Sydney, and should be the first point of contact for anyone in this situation.

Trying to navigate the myriad processes involved in family law with a quasi-legal opinion from your best friend’s sister’s boyfriend, who supposedly has been through the “same thing”, is not helpful. Everyone’s situation is different, especially when issues of dividing property and child custody are involved. Do you really want such vital matters to be in the hands of a well-intentioned amateur?

“My separation was unexpected and traumatic, and I was lucky to have a wide circle of family and friends who rallied to support me. However, I was getting conflicting advice from all sides, and in the end, I decided to get a legal opinion from Hamid. He cut right to the heart of the issues, and I am now in a space where I can plan for the future.”

A quick wander around the ABC legal website will reveal Hamid’s background, work history and legal qualifications. As a barrister-at-law, Hamid has the experience and knowledge to give a legal opinion on matters such as de facto relationship issues, financial agreements, mediation, matrimonial property settlements, child support, grandparents’ and third parties’ rights, spousal maintenance and many other issues.

At ABC Legal family law is an integral part of the practice and Hamid and his support staff of legal professionals is always ready to meet with a client who needs advice or representation on any family law issue. As the law relating to family disputes is complex and constantly changing, Hamid and his team are regularly involved in professional development to keep up-to-date with changes, so you, the client, can be confident that any advice or opinion you receive is current.

Something that is a stand out for clients who have met Hamid and his team is his ability to explain complex legal matters in terms that make sense to the average person. There is nothing worse than being in the middle of an unfamiliar situation where you are already feeling vulnerable, and then feel inferior simply because you don’t understand legal terminology.

“Well, I felt like an idiot, didn’t I. I’m not much for fancy words – just plain speaking does me so I was lost in all those big legal words. The missus had this hot-shot lawyer crawlin’ all over me. But then my solicitor got Hamid involved, and bang! I got it. I mean I’m not stupid, but it’s all in the words and the way they’re spoken, isn’t it?”

For practical advice and a proactive approach to the issues you may be facing in your family dispute, go to the ABC Legal and see for yourself the type of service you will get from this polished team of legal professionals. And don’t stop there – contact them to get the best assistance in town.