Author: Legal Crossroad

How To Avoid Breaching Unfair Contract Terms Legislation

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If you own or manage a business that uses commercial contracts as part of its operations, then we hope that before implementing those contracts you sought the advice of commercial lawyers. If you did not, then there is the possibility that because the contracts were not checked by a legal expert that they could include unfair terms.

Unfair contract terms are those terms and clauses within a contract that could be deemed to be unfair at best, potentially void, and almost undoubtedly unenforceable if you were to refer to or rely on them should any legal dispute arises between your business and a customer or client. Note that it is a two-way street, which means you could enter a contract in which the other party has included unfair contract terms.

Unfair Contract Terms Explained

Whilst most people will understand what ‘unfair’ means in a general sense, when it comes to how it is used within commercial law and specifically in relation to commercial contracts, the definitions are far narrower. Commercial legislation states that a contract term is regarded as unfair when it would create any of the following scenarios:

  • A Significant Disparity In The Rights And Obligations Of The Respective Parties As To Create An Imbalance

In effect, this means that any terms which remove or significantly reduce one party’s rights while at the same time minimising the obligations of the other party, would be deemed unfair. An example is a company that supplies and installs heating systems removing any obligation it had concerning a warranty and placing all obligations for fixing it on its customers.

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Is Teeth Whitening Safe? Legal Regulations in Australia and Everything You Need to Know

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First off, Yes. Teeth whitening is safe. But, several factors affect its legality in Australia.

People strive to attain a pearly white smile. Whether for aesthetic purposes or to get rid of unsightly stains, teeth whitening has grown popular. After this procedure, you’ll undoubtedly gain the confidence to flash anyone a smile—a beautiful one at that.

Since the uptick in demand for teeth whitening, the legal and safety concerns have risen significantly. Users are skeptical about approaching a beautician or a dentist to get this treatment. Does that pearly white smile come at a harmful cost? What’s the legality of cosmetic dentistry in Australia?

We know you have these questions, and we’ll strive to answer them all in this detailed guide. Let’s start with the meaning of teeth whitening.

What is Teeth Whitening?

Have you ever admired someone’s smile because it’s super bright? It could merely be natural. But you can achieve the same through teeth whitening.

Put simply, teeth whitening is a dental procedure that lightens your teeth to make them brighter. The process often enhances your smile as well.

It responds to teeth discoloration caused by diets, aging, or lifestyle choices. It’s not always a professional procedure. Individuals can undergo this process with at-home kits or sometimes under the supervision of a dentist.  So, there are two methods of teeth whitening:

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How The Criminal Justice System Deals With Those Caught Using Ice

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Those addicted to drugs who are in drug rehabs such as sivanarehab.com.au, are each there due to their addiction to a whole range of different drugs. They include heroin, cocaine and crystal methamphetamine, which is otherwise known as “ice”. Whilst several methamphetamine drugs are taken by drug users, ice is the one that is the most potent.

There is often some confusion when referring to the names of methamphetamine because they often all get brought together as one, and the assumption is they are all the same drug, but they are not. Ice is just one version. Another is the base drug commonly called meth. This is brown and taken by injecting or swallowing it. Another version is speed, which is usually a white powder and is either injected, swallowed or snorted.

As for ice, which is the subject of this article, it gets its name from its appearance, which is crystalline and translucent, often with jagged shards. Other names for ice include glass, Tina, and crystal meth. It is taken either by injection or it can be smoked using a glass pipe.

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Why And How Family Reports Are Produced

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Whilst it is true that over 80% of all divorces and disputes that fall under the umbrella of family law are settled amicably, often with the help of family lawyers, it is also the case that some result in an acrimonious court battle. This is especially true when the dispute relates to the couple’s children and matters such as who they will live with and visitation.

Sadly too many parents think that by using the children as a kind of legal bargaining chip they will be able to make a stronger case. Hopefully, they will soon realise that the Family Court is not a casino, and it will ensure that children’s best interests are served as a priority over any demands either parent may make.

To ensure that the principle of ensuring that the child’s best interests are served as per the Family Law Act of 1975, the court will want to have as much information as possible relating to all the matters which it has to decide upon. In order to have this information in a format that encompasses everything which is relevant, it may order that a family report be produced.

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Do You Really Need A Lawyer To Get Divorced?

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When an individual’s marriage is seemingly at an end, and divorce would appear to be the next logical step, the automatic assumption is that they should contact a family lawyer to represent them, presumably in light of the fact that their ex-partner has also employed a lawyer.

This often begs the question as to whether you need to have a lawyer in order to get divorced. At the risk of us appearing to want to reduce the number of clients, we might have in the future, our answer if we were ever asked that question would simply be,  legally, you do not need a lawyer to get divorced.

Before we go any further though, it is vital for us to place a huge caveat against that answer and move to a secondary question which is ‘Should you try to get divorced without a lawyer?’, and our answer to that is an emphatic, ‘No, you should not’.

By way of explanation let us look at some facts around divorce and the specific law that applies to it. That law is the Family Law Act of 1975, and it covers not only divorce, but also de facto relationships ending, and many of the legalities that surround how the welfare of children is maintained when their parents divorce or separate.

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Why You Need A Commercial Lawyer If You Are Selling A Business

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If you are selling a business the complexities of transaction and the legalities that have to be observed means that it almost certainly going to be essential that you have the experts at Commercial Lawyers Perth to advise on the sale to ensure it completes correctly. The last thing you need is to try and save the cost of a lawyer only to find out you are even more out of pocket because the sale was not conducted properly and falls through.

A commercial lawyer is the person who will handle what some refer to as ‘dotting the ‘i’s and crossing the ‘t’s’ although that unfairly underplays the importance of the role that they have. In effect, they will ensure that everything within the sale agreement is complete, accurate, and most importantly valid in terms of the sale proceeding.

Perhaps the most crucial benefit that they provide you is to eradicate and sort any errors which exist within any sale agreements that have been made between the two parties but not yet audited by a lawyer. They will also fix any problems that they find in the agreement of the type outlined below.

Important Details Omitted

Even the most seemingly simple of business sales need to have certain important details included in the final sale agreement. If any of these are omitted, even if unwittingly,  it can cause delays, invalidate the sale, or it could lead to future litigation due to a crucial piece of information being missing.

Details such as the financial aspects of the sale including the agreed value of inventory and equipment, for example, have to be included. Details of what actual inventory and equipment exist needs to be in there too. If it is not it leaves open the potential for the person selling to claim they were not part of the sale when the buyer believed they were.

Financial Clauses Not Complete

Obviously, the financial details of the business being sold are a core element of the transaction, and therefore it is vital that everything which is relevant to the business’s finances and the sale is included.

The sale agreement also needs to have any financial clauses that exist as part of the transaction such as whether the terms of the sale are for payment in full or an upfront payment followed by the balance being paid in instalments. Another example is where the seller is allowed to retain some shares in the company as part of the deal.

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Can My Boss Force Me to Work if I’m Sick?

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Australia has very clear laws surrounding sick leave and the obligations of employers and employees alike. In general, these are very clearly defined and provide adequate levels of protection for both parties.

However, the chances are that you’re here because you’ve been asked to work, despite taking sick leave. In the rest of this article, we’ve outlined exactly what your obligations are here and what your boss can and can’t ask you to do. As always, make sure you speak with lawyers if you have serious concerns that may require legal action.

Can I Be Denied Sick Leave?

To put it simply, no. If you request sick leave, and can provide a medical certificate or other proof that you are indeed ill, your employer has to grant it. There are some conditions where an employee can be dismissed for taking excessive amounts of leave, but this is rare.

In Australia, the Fair Work Act 2009 states that Australian’s have the right to paid sick leave when they aren’t fit for work. This stretches to include both physical and mental illness, as long as you can obtain medical proof.

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Successfully Arguing A Traffic Fine

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Attempting to appeal or argue against a traffic fine can be tempting, especially if you truly feel that you haven’t done anything wrong. After all, the police are only human, and it’s possible for them to make mistakes just like anyone else.

If you’re considering appealing against a traffic or speeding fine, you should speak to a criminal lawyer to discuss your options – especially if the infringement that you’re appealing is somewhat serious. Experienced criminal lawyers will be able to advise you on the best course of action, advising you on the chance of successful appeal and telling you if you realistically have no chance of success. If you need a list of lawyers in your local area, check out Lawyerslist.

Different States Have Different Processes For Appealing Traffic Fines

Australia is a big country, and every state has its own set of road rules and procedures. This means that every state also has its own set of infringements and penalties for each offence, and that the process for fighting an infringement therefore varies with state.

With this in mind, it’s important to always speak with a legal expert to discuss your options. Don’t take advice from the net as concrete, and make sure that you do some research before committing to an appeal.

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