Am I Covered By Workers Compensation?

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Am I Covered By Workers Compensation?

Workers compensation is a form of insurance that employers are required to take out for their workers. If an employee is injured on the job, they will usually be covered by their workers comp, allowing them to receive income replacement payments while they rest and recover from their injuries.

However, Australian workers compensation laws aren’t always as simple as they seem. Cases where injured employees have to use a commercial lawyer or legal advisor to attempt to gain workers comp are relatively common, and many employers and insurers are reluctant to approve and pay workers comp without a fight.

With this in mind, this article will provide a quick overview of workers compensation in Australia and when you’re eligible for it. Note that workers comp laws vary according to your state, so this article is intended purely as a guide.

Who Is Covered By Workers Compensation?

Basically, anyone who is employed directly by another person, business or commercial entity should be covered by workers compensation insurance. This includes people on full time, part time and casual contracts, as well as people working on piece rate or commission contracts. In some cases, contractors and subcontractors are also covered, but not always.

On the other hand, someone who works for themself can’t cover themselves with workers compensation insurance. This applies to people like freelancers, tradespeople running a business and other self-employed people working under an ABN.

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How Can I Ensure Payment As A Subcontractor?

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How Can I Ensure Payment As A Subcontractor?

As a subcontractor or independent worker it can be hard to get paid on time. If jobs don’t work out, take longer than expected or cost more than expected, your employer may withhold payments until they get paid, putting you in a difficult position. However, it’s important to realise that you have a lot of rights as a subcontractor, and you can demand payment in some situations.

If you’re having trouble with payments from a contractor, client or other employer, you should consider consulting a commercial lawyer to determine what your best course of action is. In some cases, the simple threat of legal action will be enough to make sure that you get paid, but in other cases, you may have to take your client or employer to court.

What Do I Have To Do To Get Paid As A Subcontractor?

In theory, getting paid as a subcontractor or independent worker should be simple. Once you’ve completed a job, or at predetermined intervals, you will need to put together an invoice and submit it to your employer. Your invoice should be paid within a reasonable amount of time after you submit it, otherwise you’re entitled to take legal action or to seek legal advice.

Unfortunately, getting paid isn’t always this easy. If you’re working under another contractor, they may be waiting for the person that they’re working for to pay them. Although they are supposed to pay you as soon as possible, they will often put it off for as long as they can. This can place you in a difficult position, and can result in all sorts of issues when it comes to running your business.

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How Do I Choose The Right Keywords For My Legal Blog Posts?

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How Do I Choose The Right Keywords For My Legal Blog Posts?

Writing high quality blog posts is a crucial part of maintaining a lawyers website. If you want to stay competitive in the online law space, you need to make sure that you’re always at the top of your game, striving to improve and working on your search engine rankings. Writing good blogs will help you do all three of these.

However, a blog post is nothing without the right keywords. It’s very important to choose keywords which are relevant to your firm’s specialities, location and size. You need to try and write for less competitive keywords, and you need to make sure that you stay on topic with every blog post. Consider the following 3 steps to help you choose the right keywords for your posts:

Step 1: Use a keyword research tool

Slinky Digital advise that there is a wide range of different keyword research tools on the internet to help you with your SEO marketing. Most of them use search engine data and include information about how hard it is to rank for particular keywords, what the search volumes are for particular keywords, and how many people are using similar keywords.

If you want to use a keyword research tool, www.seoperthexperts.com.au advise that you need to identify a broad topic for your blog post. Let’s say that you want to write about immigration law. You would enter the term ‘immigration law’ into the keyword research tool, and analyse the output. Choose relevant keywords that are less competitive and which are related to your original input. Make sure that you choose similar words which can be worked into the same post.

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Setting Up Your Family Law Firm’s Facebook Page

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Setting Up Your Family Law Firm’s Facebook Page

Although social media marketing shouldn’t be the total marketing focus for family lawyers and law firms, you should always make sure that you’ve got two things – an active LinkedIn profile and a Facebook page for your business. Facebook is the most popular social media platform in the world, and your business will suffer if you don’t use it to some extent.

A huge percentage of people will search for businesses on Facebook before they contact them. If they can’t find your business, they will probably just skip to the next on their list and ignore you altogether. It is therefore very important to make sure that you’ve got a high quality, active Facebook page for your law firm, otherwise you will miss out on potential clients.

With this in mind, here are three of the best ways to optimise your law firm’s Facebook page and gain the most website traffic and the largest number of new clients possible.

  1. Make sure you post new content regularly

The key to Facebook success is posting regular content. However, just posting nonsense isn’t good enough anymore – instead, you have to make sure that you post high quality, engaging content that people actually want to spend time looking at.

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What Is Estate Planning?

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What Is Estate Planning?

Estate planning is a unique branch of law that is often included under commercial law. However, many law firms offer dedicated estate planning departments, allowing you to rest easy with the knowledge that you’re working with a team of experienced lawyers who will make sure that you get the most out of your estate plan.

Using advanced estate planning techniques, an experienced lawyer will be able to help you put your affairs into order in the event that you pass away suddenly. There are many reasons why you should consider using some form of estate planning, and many benefits associated with it. But first:

What Is Estate Planning?

Basically, estate planning involves putting together a comprehensive plan of what should happen to your finances, property and other assets if you die. In simple cases, estate planning won’t involve much more than the creation of a new will. However, for people with a lot of assets or investments, estate planning can involve a lot more.

For example, estate plans can help you set up trusts, identify how your superannuation should be treated and can even help your family avoid excessive taxes if you pass away. Using a good estate planning or commercial lawyer will make the planning process simple, and it’s something that everyone should consider.

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8 Ways to Fail – Things Not to Include In Your Contracts

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8 Ways to Fail – Things Not to Include In Your Contracts

Generally, lawyers are decent writers. However, the legal vocation is also one of the slowest to change of any of the professions, mainly because it is steeped in tradition. Unfortunately, when it comes to drafting contracts, tradition is not always best.  Unnecessary, inaccurate, and useless terminology and phrasing creeps into legal documents and infuriates clients who expect lawyers like www.daviescolawyers.com.au to draft documents an average person can read and understand.

Also, most lawyers learn by imitating the habits of other, more experienced lawyers, who in turn learned their skills from even older lawyers.  For these reasons many good lawyers often produce contracts that are full of poor drafting.  This article will point out of few of the pitfalls every lawyer should consider.

  • “Herein” should be “Here-OUT” – This type of compound word should be avoided at all costs, it is unwieldy and unnecessary. “Herein” is an inherently ambiguous word because it could mean: ‘in this sentence’, in this paragraph, or ‘in this contract’.  And ambiguity is the kiss of death in contract drafting.
  • Provisos – Provisos take the form of wording that looks like this: “Provided that”, “provided further”, “provided, however”, etc. These are inherently imprecise and always evidence of poor drafting.  Provisos entered the English language centuries ago and were used to separate sections of statues but what a proviso means in a contract is unclear.  Provisos have been held to create: a condition, a duty, a limitation, an exception, and an additional requirement.  With so many possibilities these phases should be avoided at all costs.

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Tax Consequences in Divorce

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Tax Consequences in Divorce

According to expert tax accountants Accountants Australia, People often overlook the important tax implications of getting divorced.  They’re usually focused on child custody issues or division of property and fail to understand or bring up important issues that will determine the ultimate determination of how taxes will be attributed and assigned as a result of their divorce.

Important areas to think about are: division of assets, support, income tax filing, division of retirement benefits and, if applicable, innocent spouse relief.

As a foundational issues, the Supremacy clause of the U.S. constitution means that Federal Tax law will govern even in state court where divorces are heard.  That means a state court judge may not validate any agreement that contravenes federal tax law.

Let’s look at how these rules affect different parts of a divorce.

  • Division of Marital Property
  • No gain or loss.  Generally, no gain or loss is to be recognized when assets are transferred because of a divorce.  There are some rules to follow when determining whether the “transfer” was a part of the divorce.  They are:
    • The transfer is required under the divorce decree or divorce or separation agreement.
    • The transfer occurs within six months of the marriage ending
    • There is a presumption, although subject to rebuttal that a transfer was related to the divorce if it occur within six years but the party can show there were legal or business reasons for delaying the transfer.
    • Exceptions:  There are some exceptions that apply to this rule, such as where the spouse is a resident alien, some transfers related to trusts and some stock redemptions.

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Cross-Examination: Psychology in Practice

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Cross-Examination: Psychology in Practice

A variety of psychological factors come into play when lawyers cross-examines a witness. It is often not what questions are asked, but how they are asked, and to what end they are given. A few important principles are:

  • The Doctrine of Completion: As a general rule a listener (e.g. a jury) expects to hear certain things from a presenter (e.g. a witness). The jury expects a coherent story and fairness (ie; facts and pieces of the story are not hidden from them). They expect the attorney and witness will tell a full and complete story, without hiding anything. The purpose of cross-examination then becomes to let the jury know that they attorney is fulfilling the requirement to have a complete and whole story, that fairness and completeness is the goal. The attorney is held out as someone is interested in the Doctrine of Completeness.
  • Self-Fulfilling Prophecies: An attorney can employ this tactic and become “prophetic” by providing the jury during Voir Dire and the opening statements facts and information that is then corroborated by the witnesses and documents they provide as evidence. The psychological advantage is gained when the information appears unknown or unexpected – as if the lawyer, and the lawyer alone – knew that it would be revealed. During closing arguments, it is critical to remind the jury that you predicted the information would come out, and that it actually was presented in court. The overall purpose of this tactic is to enhance the credibility of the attorney and to highlight and enforce certain key facts or elements of the case.

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What Should I Do If I’ve Been Charged With Assault?

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What Should I Do If I’ve Been Charged With Assault?

Any criminal charge is serious and should be taken seriously, but an assault charge has the potential to carry significant penalties if it’s not dealt with properly. If you’ve been charged with assault, or fear being charged with assault, then you need to speak to a criminal lawyer so that they can help you explore your options and identify the best course of action to defend yourself.

If you don’t do things right, you could be found guilty in a court of law, resulting in imprisonment and significant financial penalties. With this in mind, we’ve put together a short list of things you should do if you’ve been charged with or fear that you might be charged with assault.

Seek Legal Advice

The very first thing that you should do if you’re charged with assault is seek legal advice from a qualified criminal lawyer. Make sure that you outline the facts surrounding your case clearly so that your lawyer can help you decide on the best course of action to reduce any consequences if you’re found guilty.

Make Sure That You Understand The Different Types Of Assault

There are numerous types of assault in Australia, each of which carry different penalties. Assault may be seen as ‘aggravated’ if the offender and victim are related, if a child was present during the assault or if the victim is older than 60 years. Aggravated assaults carry larger penalties than non-aggravated ones. The main types of assault include:

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Driving You Crazy – Psychology Experts In Criminal Cases – Virtues and Vices

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Driving You Crazy – Psychology Experts In Criminal Cases – Virtues and Vices

Bringing a psychology expert into your criminal case can be a mixed bag.  Many positive things can happen when engaging such an expert, but there are also many pitfalls to avoid.  Generally, a well-prepared expert can be a great boon to your case, but beware of potential vices that may be lurking inside their testimony.  Here are a few things to watch out for:

  • Pros – Expertise: It’s no secret your expert knows a lot of information, they are well educated and well-spoken.  They bring a myriad of positive attributes to the courtroom:  1) Reliability: experts are seen as professionals and sometimes scientists who base their conclusions on fact and are therefore reliable. 2) Psychology experts know statistics and based their reports and testimony on data gleaned from the real world.  3) Test – your psychological expert knows psychological testing, its benefits and weaknesses.  Make sure to use your expert to attack the ‘reliability’ of the opposing party’s evidence, as opposed to its credibility.
  • Pro – Experience: Your expert knows about pop culture psychological references and phone or even sham psychological syndromes that may be introduced by opposing counsel.  Use your expert to debunk these misconceptions.  Also, emphasize that your expert has a long history of education and training.  This is not their first “rodeo”.  Have the demonstrate the similarities between your case and cases the expert has dealt with in the, have them discuss what techniques opposing counsel is likely to use and why.

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Parental Alienation and Abuse Allegations in Divorce

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Parental Alienation and Abuse Allegations in Divorce

During and after a divorce becoming the target of parental alienation can create huge fear and depression in the case of the parent being alienated.  There is potential for complete loss of the relationship with the child, or, on the other hand, what if the allegations by the child, typically abuse, are true?

Let’s discuss what parental alienation is and what it isn’t by first trying to define what it is.  There is wide-spread debate about whether the problem even exists.  For example, the Diagnostic and Statistical Manual of Mental Disorders used by the American Psychological Association doesn’t recognize Parental Alienation as a syndrome.  Some argue that while the DSM doesn’t specifically call for the syndrome, the elements of the problem are clearly defined in the manual.

The DSM does use a category of Parent-Child Relational Problem, and Child Affected by Parental Relationship Distress to be used when “the focus of clinical attention is the negative effects of parental relationship discord (e.g. high levels of conflict, distress, or disparagement) on a child in the family, including effects on the child’s mental or other medical disorders (DSM P. 716).

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Effective Prenuptial Agreements

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Effective Prenuptial Agreements

In a general sense the purpose of any prenuptial agreements  in family law is to agree in advance on several key items in the relationship:  property division, debt, support for each spouse, and administrative items like attorney’s fees if the marriage comes to an end.

These types of agreements also reduce the stress and conflict a divorce might impose on each spouse, children and other family members.

Many people rely on a prenuptial agreement by itself, but it is important to remember that other estate planning documents should be referenced and included with the prenuptial agreement, such as: will, trusts, advance directives, etc.

Some information is critical to gather in preparing a prenuptial agreement.  For example, you should examine: Tax returns, debts, vehicle titles and registrations, Life insurance contracts, business ownership, investments and retirement accounts, estate planning documents, and recent bank statements.

The debts of each spouse should be carefully considered.  In some cases, if debt is not properly addressed in prenup a creditor might have the ability to seek payment from either spouse.  A prenup is a good opportunity to specifically limit your liability for your spouse’s debts if necessary.

Prenups can also deal with financial or other obligations during the marriage, as opposed to just addressing issues that might come up if the marriage ends.  Some issues that could be governed during the marriage might be: increasing benefits according to the length of the marriage or deciding what financial responsibilities each party will have,

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