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What is an out of court settlement and when Is Civil Litigation Necessary?

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   The process of resolving a dispute between two parties through the court system is known as civil litigation. It can occur when one party wants to sue another over things like unpaid debts, the breach of a contract, negligence, and a whole host of other circumstances. Ideally, you want to make the process of civil litigation the last resort if possible, as it can be drawn out and costly. Therefore, is civil litigation entirely necessary to  resolve a dispute ? Are there other options open to both parties to more amicably come to a satisfactory agreement or solution? Try Negotiating An Out of Court Resolution of Court Settlement before commencing civil litigation Often times agreements can be reached outside of the court processes. This can be a lot less stressful, as well as easier on the wallet. In the case of a debt that is owed, for example, perhaps a payment plan to chip away at the debt can be agreed upon. When is Civil Litigation Required? In the case of breach of contract, pe
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How the Australian Priority Skilled Occupation List Update probably affects you

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   The Department of Home Affairs has recently updated the Priority Migration Skilled Occupation List (PMSOL). In this article, we elaborate as to how this may affect you if you have not lodged your Skilled visa application yet.   What are New?  The Department has added 22 new occupations to the Priority Migration Skilled Occupation List (PMSOL). Those offshore applicants who have Australian businesses willing to sponsor can now apply and upon approval, seek to enter Australia. However, that does not mean the applicants can quickly get any visa. They are still subject to the usual Department’s process with the exception that they will be given priority in having their applications assessed and further will be subject to quarantine arrangements at their own expense. The PMSOL also includes Medical Laboratory Scientist, Multimedia Specialist, Software and Applications Programmers as well as Chef. What are the other Affected Occupations? The Department in line with its policy to support A
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Divorce Property Settlement and Child Custody

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   Settlement of family law issues after separation deals with the most basic and raw emotions. Putting one’s life and that of your family into documents and letters is a process that can make a person feel empty and emotional. Divorce Property Settlement Brisbane and Child Custody are often at the front of mind for those facing separation or divorce. Collaborative practice is one way in which separated parties can resolve issues quite quickly. The first meeting can be a little uneasy but once the process is explained to everyone and being able to talk things out and express your points of view with your collaborative practitioner makes the process much easier. Collaborative practice allows parties to talk without just being a person on a page of a document. Professionals such as counselors and accountants can also be included who can assist in working through issues and help reach a resolution. In a collaborative practice meeting if you feel you are unable or uneasy about putting your
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SHOULD YOU USE A DIY WILL KIT OR HIRE AN ATTORNEY?

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   DIY will kits are becoming increasingly more popular and many are available for purchase online. Having a will is important on many levels, particularly if you have a sizeable estate, and even people with not much in the way of material possessions and money should still have some sort of will. Do Your Own Will? Hire an Attorney? But should you attempt to transcribe your own will just to try and save some money, or is that a task best left to a professional;  hire a solicitor or hire an Attorney  who specializes in wills and estates? A DIY will kit can be handy in the sense that it’ll give you an idea of the types of things to include in your will, but it’s still highly advisable to have a trained professional prepare the will and distribute your estate. Below are just a few reasons why DIY will preparation is not in your best interests. The Cons of DIY Will Kits DIY wills can often be unclear and ambiguous. They can even be misinterpreted and therefore left open to challenge by tho
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WHY YOU DON’T NEED AN AGGRESSIVE FAMILY LAWYER

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  Engaging a lawyer to advise and represent you if you find yourself in the  unfortunate situation of family breakdown , and needing advice and assistance to navigate that process, is not something that most of us would want to have to do. It is however a reality that will confront a significant number of us at some point in our lives. Is it important to hire an Aggressive Lawyer? When we speak to people in that situation as they are at the start of the process and trying to get to grips with what is happening, we often hear people ask if we are “bulldogs” and whether we will be “aggressive”. Whilst we can be those things if the client really wants it, or if the situation really requires it, we will always ask if that is really what you need? Most people only experience an engagement with the family law system once or perhaps twice in their lives. For us, it’s what we do every day. We have seen the process from beginning to end many many times. Sometimes, individuals indicate that they
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FAMILY DNA PROFILING: THE GIFT THAT KEEPS ON GIVING

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   With Christmas approaching, many people may be considering giving as a gift a DNA ancestry kit for family DNA profiling. These are interesting ways of undertaking research into your family history and finding out the background of where your ancestors might have come from. This is often used in association with various websites, where the results of the DNA testing can be uploaded to help trace other family members and complete missing links in the family tree. Crime Scenes & Fake Profiles However, this is not the only development in DNA science. In April of 2018 police in the United States managed to make an arrest in relation to a series of murders that were committed in California during the 1970s and 1980s. The Police in California used a sample from one of the crime scenes and using a fake profile uploaded the DNA result to an open-access genealogy website. This led them to the lead they needed. Familial DNA profiling This process requires the use of complex and sophisticat
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What is Power of Attorney and When Would You Need It ?

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   In simple terms, a power of attorney is a legal document where a person is nominated to act on your behalf (known as the agent) regarding your affairs. The document gives the nominated party the legal capacity to make decisions for you on things like financial matters and other duties. The person given attorney does not have to be a lawyer, although in many cases a law firm is enlisted to act as power of attorney. Some common tasks of those entrusted with power of attorney can include, but are not limited to: The buying and selling of property Operating bank accounts Organising the paying of bills and debts The power to vote in meetings And lots more… The tasks involved will depend on particular circumstances and what the principal (the person delegating the power of lawyer) requires and stipulates. When Might You Need To Delegate Power of Attorney? Many people only assume power of attorney is entrusted to someone when the principal no longer possesses the mental capacity to make so
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