Can Social Media Be Used As Evidence In Court?

In today’s world of the internet, many businesses use social media as part of their marketing and communication, and whilst the vast majority of businesses will do so with no problems if you ask Commercial Lawyers, they will point out that social media needs to be used with considerable caution.

The reason is, contrary to the belief that most people have of social media merely being a ‘bit of fun’, or where businesses can seek to engage with their customers, online legal advisors have told us it can also be used against you and your business, or conversely, used in your favour.

Now we are not suggesting that Facebook, Twitter, or Instagram might be out to get you, and let’s be honest, the people who own these social media giants have more to deal with than trying to make life difficult for local businesses. Instead, it is you, or those that post on your business’s behalf, that can unwittingly be the one to create the problems.

As far as the legal position stands at the moment in Australia, there is an increasing belief that words, images, sounds, and videos posted on social media, can be used every bit as effectively as evidence, as the types of evidence currently presented in court.

(more…)

Continue Reading →

9 Things to Consider Before Reconstructing Your Business

Changing the structure of a business is not uncommon, especially when things change, and the present structure is no longer useful or satisfactory. For instance, if you started out as a sole trader and your business expanded so rapidly, you decided to take on a partner to help with the work or even to provide more finance. You would then need to restructure the business to be a partnership.

But there are many other reasons why you may be considering restructuring, and there are things to consider before going ahead.

  • It’s important to seek legal advice from suitable commercial lawyers and then be clear with your instructions about why you need to restructure so you can be sure that this is the best way forward and it will meet your future needs better than the present structure.
  • Know your options and the implications of each one. There are tax and other implications with each type of business structure, so these must be taken into careful consideration to ensure the new structure is right for your goals.

(more…)

Continue Reading →

How to Draw Up a Will

Everyone should have a Will. If they don’t, they can’t be sure their assets will be distributed according to their wishes. It will also cost a lot for the court to decide how to distribute the assets, and this means even less for the family once the decision is made. Family Lawyers Perth will tell you there are several ways to make a Will.

  • You can simply write down clearly who of your family and friends should get what on a piece of paper and have it signed by two witnesses. This is a legal Will, but it can get lost unless you put it in a safe place. It can also get stolen and may even be changed. If you do write a Will like this, it can be stored for free in the Public Trustee’s WA Will Bank or leave it in your safe or a safety deposit box. The key to the box should also be kept safe.
  • You can go to family lawyers and ask him or her to draw up a Will. To do so, they will need to know what property and other assets you own. You will also need to make provision for a way to pay off any debts you have at the time of your death. This is usually done by selling some property or asset and using the money to pay the debt. What is left over can then be distributed as you see fit. This, too, will need to be signed by witnesses.

(more…)

Continue Reading →

Custody Arrangements for the Children During Divorce Proceedings

If you are going to apply for a divorce, it is essential to make arrangements for the care and safety of your children. Professional divorce law lawyers will advise you on the best way to go about it because each case is different depending on certain factors. While there must be a separation of 12 months before you can apply for a divorce, often this can be one where both spouses continue to live in the same home, and it is not until the divorce is final that one partner moves out.

This is when the children will feel the divorce most keenly as they will then be deprived of one of their parents to a great extent. It is essential that safe care arrangements are made, and this will depend on who applies for custody and whether that custody will be a 50/50 arrangement for their ongoing care or whether one spouse will have most or all of the decision-making.

(more…)

Continue Reading →

Do You have a Good Corporate Property Lease?

When you run a business, you’ll most likely have a lease for the property. Most leases are drawn up to favour the landlord, so it is important to fully understand all the implications of the many clauses before you sign a corporate lease. Experienced property lawyers are the best ones to give you advice on leases, and it is totally worth the cost of hiring one to examine your potential lease and ensure it is a good fit for you and your business.

Most leases contain many clauses about a varied number of topics. Many of the clauses are negotiable if the landlord is willing, but not all are. If your potential landlord is not willing to negotiate on any point, it might be best to look elsewhere for your business premises because some of those clauses are very likely to cost your business money – maybe even enough money to send you broke.

(more…)

Continue Reading →

How to Avoid Fines in Business

When it comes to setting up and running a business, if you don’t know the legal requirements you have to comply with, you are likely to attract a fine. While there is help to be found online, understanding all the fine details is sometimes very difficult. It is far better to check your local lawyers list and then consult with commercial lawyers who can explain it all to you in layman’s language and who can help with many of the problems that may arise.

All businesses have a budget of some kind they need to stick to. The budget does not usually allow for paying fines that in some cases can run into many thousands of dollars. In addition, when you don’t do something that is a legal requirement, fixing it can be time consuming. This means your business will not get up and running to your timeline and your time and attention must go to fixing the legal problem instead of working on your business.

Instead of risking this kind of delay, keep your business lawyers on hand so they can do all the legal work to ensure your business complies with all the rules and regulations needed for that particular kind of business. These differ according to the kind of company you have set up, as well as which business sector you conduct business in and even how big your business is, which is why it is more difficult for the business person to work out which apply to their business.

(more…)

Continue Reading →

Where to Find Out About Divorce Proceedings

If you are in a failed relationship and want to apply for divorce, there are several ways in which to find help. According to experienced family lawyers Robertson Hayles, first and foremost, you may want to consult with family lawyers who are experienced in divorce and can tell you everything you need to do. In fact, they will do most of the work for you. You only need to instruct them to do it and add your signature to the forms.

It often helps to talk to a neutral third party, such as experienced family lawyers or mediators, when you have been under the kind of stress that a breakdown in a relationship usually results in. Having someone explain what you need to do and offer their help can mean the difference in whether you cope with your divorce and come through it successfully or whether you flounder in a sea of hopeless depression caused by not being able to make decisions or not knowing what decision would be best given a specific circumstance. Sometimes you need someone who you can trust to be on your side to advise you.

(more…)

Continue Reading →

How to Defend Yourself for a Traffic Violation

If you have been charged with a serious traffic violation and have to go to court, the best defence is to get help from experienced criminal lawyers such as PCLB Criminal Lawyers. However, this will cost you and not everyone can afford it. In fact, you can consult with the lawyers without having them appear in court. Sometimes people decide to defend their case on their own.

It is much easier to appear without a lawyer if you are going to plead guilty. While criminal lawyers may be able to offer evidence or speak on your behalf in a way that may reduce the penalty, there is still the fact that the court must at least apply the minimum penalty and cannot go below that. But they can also apply a maximum penalty.

(more…)

Continue Reading →