What Is Estate Planning?

Posted on by EJH Law
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

Posted on by EJH Law
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 the best.  Unnecessary, inaccurate, and useless terminology and phrasing creep into legal documents and infuriate clients who expect family lawyers 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 statutes 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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Crucial Facts About The Crime Of Bigamy

Posted on by EJH Law

If you were to do some research into marriage customs and laws around the world, you will discover that there are several where being married to more than one person is perfectly legal, and indeed, part of the tradition of that country, culture, or religion. Known, as polygamy or bigamy, under our criminal law, this practice is not legal in Australia and is a criminal offence under the Marriage Amendment (Definition and Religious Freedoms) Act 2017.

This Act changed the definition of bigamy laws to refer to the marriage of two people, whereas the previous law referred to a man and a woman. The 2017 Act altered the definition to include marriages between two people of the same sex which became legal in Australia as part of the same legislation.

Declaration Before Marriage

Before someone gets married they must complete a declaration that there is no legal impediment to the marriage taking place. Upon signing this declaration the individual is agreeing to the following:

  • They are not already married to someone else
  • Their relationship is not prohibited
  • They and the person they are marrying are the legal age to be married
  • The person they are marrying is not a close relative (child, adopted child, grandchild, sibling, parent, grandparent)
  • There are no other legal impediments to the marriage

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All You Need To Know About Director Identifier Numbers

Posted on by EJH Law

One of the common queries which commercial lawyers often receive from those who have just become, or are about to become, directors of a company, relates to Director Identifier Numbers (DINs). It is not just new directors who raise questions about DINs. Given that it is a relatively new requirement, some who have been company directors for years are also unclear on what DINs are and how they should comply with the applicable legislation, so what follows should help.

What Is A Director Identifier Number (DIN)?

A Director Identifier Number is a 15 digit number that enables individuals to be identified on public registers where legislation states that a director of a company must be identified. The difference that a DIN makes is that instead of a company director’s personal details such as their name, address and date of birth being published, their DIN is published instead.

When Were DINs Introduced?

All company directors were required to confirm and verify their identity with Australian Business Register Services (ABRS) starting from 21st November 2021. Once their details are verified, each company director will be issued with their Director Identifier Number which is unique to them. Below are further details of relative dates concerning when you must apply and the differences depending on which company legislation is relevant.

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Your Rights To Minimum Guarantees During Criminal Proceedings Against You

Posted on by EJH Law

Within criminal law, you will often hear people talk about “the rights of the accused”. Whilst it might not seem fair to those who are victims of crime, the criminal justice system would not be robust as it is if there were no elements in place that ensured everyone who is charged with a crime gets a fair hearing or trial.

Australia is a signatory to several global human rights treaties, and some relate to the right of everyone to receive a fair trial and the presumption of innocence. The elements within these treaties that address these are minimum guarantees. Minimum guarantees represent minimum standards and core rights that anyone who is facing criminal prosecution has a right to. Here are the most significant ones.

To Be Informed Promptly Of The Charge

The intention behind this can be found in other minimum guarantees as they seek to ensure that everyone has the time to prepare their defence. In practical terms, it means they are told what law they are accused of breaking.

To Have Adequate Time And Facilities To Prepare A Defence And To Communicate With Counsel

Whilst the nature of each crime and the complexities of it mean it is improbable to stipulate an exact time frame for every trial, nevertheless, this speaks to the right of every accused to be able to defend themself against the charges against them. This prevents prosecutors from trying to rush a trial or a defendant not having time to gather evidence for their defence. It also allows the accused time to consult with their criminal lawyer.

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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 can potentially 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 criminal lawyers 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 compiled 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 first thing you should do if you’re charged with assault is seek legal advice from a qualified criminal lawyer. Make sure you outline the facts surrounding your case clearly so that your lawyer can help you decide on the best course of action to reduce 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. Assaults 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:

Common assault – This occurs when a victim receives minor injuries as the result of an assault. Common assault carries maximum penalties of 3 years prison and $36000 fine.

Assault occasioning bodily harm – If a victim’s injuries require medical attention, you may be charged with assault occasioning bodily harm. If this happens, you may face up to 7 years imprisonment and $36000 fine.

Grievous bodily harm – If an assault results in serious injury or has the potential to cause serious injury or death, you may be charged with grievous bodily harm. If this happens, you can expect a penalty of up to 14 years imprisonment.

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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.

Family Lawyers have told us that 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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