When Can You Make a Botched Cosmetic Surgery Claim?
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When Can You Make a Botched Cosmetic Surgery Claim?

Even though tens of thousands of cosmetic surgeries go off without a hitch every day, some people find themselves with serious Botox legal issues and other cosmetic surgery problems that require legal help.

If you have found yourself in this very situation, it’s essential to know when you can make a botched cosmetic surgery claim, and what comes next. Read on to find out more.

The Medical Professional Breached Their Duty of Care

You may have read up on all the risk factors of cosmetic surgery and even made sure you gave yourself some time to think about the procedure before you went ahead with it. All this planning may be all for nothing if the medical professional you trusted to undertake the procedure breached their duty of care.

You may have a legal leg to stand on if they displayed poor skills, didn’t follow the rules, or were under the influence of drugs or alcohol, resulting in a less than desirable result.

You Experienced Unreasonable Damage

No cosmetic procedure is without its risks. Even Botox treatment, which is reasonably straightforward, doesn’t always come without a few side effects that lead to Botox legal issues. However, you may be able to make a botched cosmetic surgery claim if your procedure resulted in unreasonable damage.

This might be something like excessive scarring above and beyond what is expected, poor cosmetic results, and even nerve damage.

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by iginteigamin
The Problems In Small Business That are Likely To Result In Litigation
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The Problems In Small Business That are Likely To Result In Litigation

When you own a small business, such as a digital marketing agency the last thing you need is for someone to file a litigation case against you. Litigation lawyers will be needed to help you fight the case, but even the best lawyers sometimes fail to get you off. Much depends on the circumstances of the case and whether or not there is substantial proof against you.

There are many problems that can cause litigation: –

  • Poor standards of safety in the workplace. As we know, poor safety standards cause accidents. If employees are hurt on your premises, they can easily sue you. If a customer trips and falls, they can sue you.
  • Poor working conditions. This is slightly different from poor safety, as it could be something like overcrowding, lack of amenities, poor lighting and so on.
  • Not supplying proper and adequate protection for workers who deal with chemical or other hazardous substances. This can result in chemical burns or lung problems that don’t show up for years, as we know from asbestos inhalation.
  • Not training employees in safe practices. For instance, if there is a spill in a supermarket and an employee mops it up then leaves the area unattended to get a warning cone, someone could walk on the wet floor and fall, breaking multiple bones. With proper training, the area would not have been left unattended.

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by iginteigamin
How To Ensure Your Financial Agreements are Fair
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How To Ensure Your Financial Agreements are Fair

Whether you own a business or are entering into some financial agreement unrelated to business, lawyers will tell you never to sign on the dotted line unless you fully understand everything. Consulting with family lawyers about financial agreements is the best way to ensure the other person is not taking unfair advantage of you.

Financial agreements can be very simple or much more complicated, and you are unlikely to understand the implications of everything you read in it, even if you think it is clear.  In business, there are many ways of saying things legally that spin the meaning around to give favour to the person who is offering the agreement.  Unless you have a lawyer go over it and explain it all to you, you could be disadvantaged in some way.

When a lawyer examines the agreement, he or she can tell you if it is fair and whether it could be worded differently to ensure you only pay what you are legally required to. Your solicitor will be able to add a clause or adjust one so that there is no chance of you being taken advantage of.

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by iginteigamin
Does The Mother Always Get Custody Of The Children?
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Does The Mother Always Get Custody Of The Children?

In any consideration or depiction of divorce, be it in real life, or in the movies, the normal scenario is that the mother always gets custody of the children, however, that is not necessarily true in every case.

This is particularly true in Australia from a legal perspective, because following an amendment to the Family Law Act in 2006, there is no such thing as mother’s rights, nor for that matter, do father’s rights exist.

There is one very simple, and laudable, reason for this to be so, and that is that in Australian law, the highest priority is making sure that the rights of the children are promoted and protected, rather than the rights of the mother and father of those children.

For the above reason, when it comes to divorce and consideration of what is the best interests of the children of that marriage, the default position is that the parents have shared responsibility for their children. The legal terminology is ‘Equal Shared Parental Responsibility‘.

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by iginteigamin
Why Should I Negotiate My Contract?
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Why Should I Negotiate My Contract?

A lot of people don’t realise just how important it is to negotiate a contract before you sign it. In fact, it’s incredible how many people just accept the contract they’re given without any negotiations at all. And really, this isn’t the right thing to do.

If you’re not sure how to go about negotiating a new employment contract, I’d highly recommend getting in touch with your local employment lawyer to ensure you’re doing the right thing. There are numerous benefits associated with contract negotiation, and it’s always something to consider. Here’s why:

Contract Negotiation Will Ensure You’re Getting a Good Deal

Unfortunately, a lot of people enter contract negotiations with the sole aim of gaining a higher pay rate. However, there’s so much more to think about than simple money. Make sure you take the following into account to ensure you’re getting a good deal:

  • Sick and holiday leave, as well as the conditions attached to each.
  • Contract termination conditions to ensure you’re protected in the case of unfair dismissal.
  • Overtime and penalty rates.
  • Bonuses for exceptional performance or exceeding performance targets.

There are other things to consider, but these will vary according to the industry you’re working in. For example, if you work in construction, you might negotiate a clause that requires your employer to pay for certain tools or PPE.

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by iginteigamin
Are A Child’s Opinions Considered With Child Custody Arrangements?
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Are A Child’s Opinions Considered With Child Custody Arrangements?

Child custody decisions in Australia are complex matters which are often decided by the courts. Achieving a positive outcome for both parties can be difficult, which means that you should always engage the services of an experienced family lawyer to make sure that you’re doing things right.

In saying that, there are some things that are out of your control when child custody cases are being heard. For example, if a child really doesn’t want to live with one of their parents, the court will take this into account – sometimes.

It can be hard to know just how much weight the judge will give to a child’s opinions when resolving a child custody dispute, and ultimately it will vary from situation to situation.

When will a child’s opinion be considered?

As I noted above, the weight that a judge gives to a child’s opinion will depend on the situation. In some cases, they will listen carefully to what a child or children have to say. For example, when:

  • A child is mature enough to form their own opinion without significant outside influence.
  • When there’s evidence that one of the parents hasn’t treated the child right.
  • If one of the parents has been absent for a significant part of the child’s life, and they want to continue living with the other one.

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by iginteigamin
Dangers of Skyrocketing Divorce Rates Among the Elderly
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Dangers of Skyrocketing Divorce Rates Among the Elderly

Apparently, the more senior segments of our population are taking a hard look at marriage and engaging family lawyers.  Divorce rates among the 50-and-older crowd have doubled in recent years and the reason might be different than you expect.

In general, people are living longer, by some estimates as much as 30 years longer than in previous generations.  That’s a lot of time together if you’re not happy in your marriage.  The result is what some have called “late in life divorce” or “gray divorce” and it is an unexpected outcome of longevity.

With better access to health care and healthier lives people may be feeling that they are entitled to living more fully, that it’s “their time now”. After all, many have spent years raising children, sacrificing to save for retirement, and they feel they’ve earned the right to be happy in their twilight years.  For other, merely the prospect of living in an unhappy marriage for decades longer is simply intolerable.

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by iginteigamin
3 Simple Ways To Keep Your Finances In Order This Financial Year
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3 Simple Ways To Keep Your Finances In Order This Financial Year

Financial planning can be difficult, and millions of people throughout the world fall into financial trouble every single day. While some people are able to dig themselves out with the help of decent accountants, for a lot of people, their financial trouble marks that start of the end of their business.

With this in mind, accountants advise to take action to make sure that your business’s finances remain in order this financial year. If you don’t, then you and your business could both suffer significant losses, and you may find yourself having to sell or close your business and look for work elsewhere. Out top 3 ways to keep your finances in order this financial year include:

  1. Keep Clear Records From Day One

When it comes to keeping your finances in order, clear record keeping is an absolute must. It doesn’t matter how big or small your business is or how much paperwork you have – you should file everything clearly, and record all financial transactions using decent accounting software.

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by iginteigamin
Why Does Your Business Need A Clear Evacuation Plan?
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Why Does Your Business Need A Clear Evacuation Plan?

When it comes to running their business, small business owners usually have a lot on their plate. Along with juggling the day to day running of their business, managing their finances and keeping their clients happy, small business owners are also responsible for things like workplace safety and fire protection.

Unfortunately, things like fire protection can sometimes get pushed to the backburner. This can allow things to happen which otherwise wouldn’t. For example, your fire safety gear may become poorly maintained, or your staff members may not be aware of your evacuation plan. However, it is extremely important to have a clear evacuation plan which is understood by every member of your staff.

What Is An Emergency Evacuation Plan?

In simple terms, an emergency evacuation plan is a clear, well rehearsed plan of what you and your employees will do in the case of an emergency. It usually details the best escape routes, meeting places to head to and anything else of importance that could help you escape a dangerous situation safely. Emergency evacuation plans should be practiced regularly, and new staff should be briefed on them. They should be visibly present in every room in your building, within reason.

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by iginteigamin
Lawyers can Help you Understand and Assert Your Legal Rights
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Lawyers can Help you Understand and Assert Your Legal Rights

Unsure about your Rights in a Business Dispute? Seasoned Australian Lawyers can help you understand and Assert your Legal Rights

Staring and operating a joint business venture is often a cumbersome and complex process. Normal folks may find it challenging to navigate legal jargon and understand their position as shareholders or business partners.

Experienced commercial lawyers can help you obtain clarity regarding rights and duties, set up partnership agreements that are aligned with Australian law as well as help you resolve any business disputes that may arise.

Business or shareholder disputes can be stressful and can result in delays, losses and production downtime. Having a legal contract in place can help in implementing amicable and speedy problem resolution as it provides a reliable reference point for discussions. As a business partner, you need to confirm that the business is valid and legitimate under Australian law and a reliable lawyer, who can offer good legal advice, can help interpret the terms and conditions. Technical verbiage and legalese can often prove confusing to understand and interpret for the layman.

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by iginteigamin
Need Assistance with Disputing Criminal Charges
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Need Assistance with Disputing Criminal Charges

Top Lawyers can Provide Expert Guidance

Most people tend to associate criminal charges with crime that occurs on the street, in homes, and in alleyways of Australia. White-collar crime refers to other forms of law violations that occur in a corporate environment.

Expert criminal lawyers are happy to offer legal advice to those who require legal assistance in white-collar crime cases. White-collar crime can occur in a variety of scenarios and include different types of law violations. According to recent news reports, white-collar crime is on the rise in Australia and usually includes any type of activity that involves obtaining funds, property, etc. through fraudulent means.

Although white collared crime usually receives less than its fair share of attention compared to violent crimes, it has resulted in losses amounting to million dollars. White collared crime acts are usually committed by individuals who belong to a higher economic or social status and may be performed against the company (where the individual is employed), investors, creditors, the government or the environment etc.

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by iginteigamin
Why Estate Planning is Essential in Business
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Why Estate Planning is Essential in Business

When you start up a business, the last thing you will be thinking about is the time when you will be unable to carry on. However, it is important to take a reality check in this matter because no one lives forever and many people die well before they expected to. If you leave your business without any plans for a time when you are not there to run it, all your hard work may be lost and your family left without the assets you expected them to inherit.

Once you speak to a good commercial lawyer you will see that there are many ways to protect your business assets and ensure they are passed on to your family, but they vary to a certain extent depending on the type of business structure you used to set up the business. It could be a sole trader, partnership, have several co-owners and so on. But one thing is for sure; no matter what type it is, if there is no estate plan or Will, much of the value will be lost, going to the state to cover the cost of settlement.

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by iginteigamin
Financial Planning for Loss of Income
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Financial Planning for Loss of Income

Loss on income can happen due to many reasons, not necessarily anything to do with your health. It could simply be that the company you work for is finding it difficult to get clients and so have to retrench some staff.  Good financial planning by an expert financial advisor such as Andep can mean the difference between losing your home or not losing it.

In fact, it is not only people who are paying off a home that would be negatively impacted by a sudden loss of income. With rent as high as it is these days, it is easy to get to the stage where your income is not enough to both pay the rent and buy food. But a good financial planner will allow for these kinds of problems when working out a plan for you and your family.

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by iginteigamin
How to Ensure a Fair Division of Property at Divorce
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How to Ensure a Fair Division of Property at Divorce

Any lawyers will tell you that even though a divorce may be stressful, there are certain things that should not be left to chance. One of them is the division of property. If valuable assets are held by two people who divorce, it is only fair to divide them up. According to experienced divorce lawyers Robertson Hayles, unless you get advice from family lawyers it is possible that you’ll decide to forego your share just to have it all over and done with. You may live to regret that decision.

It is all very well to make a verbal agreement about the division of property, but before you call in the removalists, who’s to say that your ex will not renege on their end of the agreement. A verbal agreement is not something that will hold up in a court of law. Leaving it all up to a verbal agreement is only going to prolong the agony, if you don’t decide to just let your ex take everything simply for the peace of having no more hassles with them.

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by iginteigamin
Where There’s a Will There’s a Way
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Where There’s a Will There’s a Way

Most family or specifically Wills lawyers would agree that it’s important to have a Will no matter what age you are. However, since people don’t like to think about dying, they also don’t want to make a Will. This can be a big mistake, because if they have any assets at all, these will be frozen at the time of their death and no one will be able to access them for many months.

In addition, because the judicial system will become involved in deciding who should inherit their property or other assets, the end amount will be much less, since the cost of the court case will be taken out of the assets. And if the cash assets don’t cover the cost, any property will have to be sold to pay it. So if you want your family members to inherit your home, it may not be possible for this to happen without a Will.

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by iginteigamin
Tips to Setting up Financial Agreements Between Families
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Tips to Setting up Financial Agreements Between Families

These days when it is difficult to get a loan to purchase a home, financial agreements between families can be really helpful. It is essential to consult with lawyers to ensure such agreements are legally binding and fair so that there can be no squabbling over it.

Having a verbal agreement is not wise, as one party can change their mind or mistake the meaning of the agreement and it can cause a big split in the family that even family lawyers may find difficult to work through.

Money is usually the number one problem in most relationships, often because one person wants to spend it and the other person doesn’t. So when it comes to hundreds of thousands of dollars any disagreement is likely to have far-reaching effects. In fact, it is far better not to have such an agreement in the first place if it is likely to split the family.

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by iginteigamin
How a Violence Restraining Order Can Help You
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How a Violence Restraining Order Can Help You

We often hear in the media news about people taking out a violence restraining order (VRO) against someone they fear is going to harm them.  To do this they have to apply to a court for the order and the police are the ones who serve it – or give it – to the person who is being violent or aggressive.  Often it is taken out by a spouse or de-facto against her partner – or in some cases – his partner.

While it doesn’t stop them from harming the person if they really want to, there are penalties for breaking the VRO. This can be enough to stop them from frightening or threatening someone where their action is not enough to bring a legal punishment against them. Sometimes people get so bitter and angry they act in ways that are stupid and not really what they are usually like.

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by iginteigamin
How a Court Divides Assets After a Divorce
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How a Court Divides Assets After a Divorce

When it comes to divorce, family lawyers are the ones to help and most lawyers will tell you that when two people split up there is usually a great deal of bad feeling. While this can be expected, it doesn’t make fair division of assets easy or even very likely.

If the two people cannot agree on the division of property or other assets, the court has to decide.

This is not the best way to deal with things, because it can take a long time to finalise and it will cost a great deal, but sometimes it is the only way. So what does a court take into account when deciding on how to split up the assets?

It doesn’t simply divide them down the middle and give one half to each person. Other things are taken into account. These are usually: –

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by iginteigamin
13 Tips for Buying an Existing Business
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13 Tips for Buying an Existing Business

Many people think having their own business would be easier than working 9-5 for someone else, but in fact it is harder because when you own a business the buck stops with you. It is wise to always consult a lawyer’s list before making a final decision about buying an existing business and to keep that lawyer on so you have quick access to help should any problem crop up.

When you own a business, the responsibility for everything being right rests on your shoulders – and sometimes you have to step into the gap when an employee doesn’t show up at the last minute.

If anything goes wrong, you are the one who has to fix it, or at least ensure that it is fixed by someone else who knows what they are doing. While there are many responsibilities, there is also a great deal of satisfaction at meeting the challenge successfully.

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by iginteigamin
How to Protect Intangible Business Assets
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How to Protect Intangible Business Assets

If you have recently started up a small business, you most likely consulted commercial lawyers and other professionals to ensure everything was set up legally.  Of course there is a lot of information online these days, but often it is difficult to understand, or you may not be sure if certain legal requirements actually apply to your business.

In all the busyness of getting your business up and running, you may  not have thought about protecting those intangible business assets, even though you’ve taken out insurance to protect the stock and all those other things you need to run the business.

What are the intangible assets?

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by iginteigamin