Binding Financial Agreements or “Prenuptial Agreements”
We at AH2 Legal often get asked by couples intending to marry soon or wanting to commence a de-facto relationship – “How can we protect our assets if our relationship or marriage fails?” Many people, after watching various television shows about divorce, think that prenuptial agreements or “pre-nups” are the perfect answer to this problem. […]
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Animal Cruelty
We at AH2 Legal sometimes get questions from people who have been accused of being cruel to their pets. Sometimes, people get into trouble with the law and end up having to go to Court to defend themselves for their actions against their own pets at home. It is important to understand that people are […]
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Bail Applications
If you have been charged with an offence, you are presumed to be innocent until it is proven that you are guilty. As a result, you have a qualified right to be free (on bail) until a Court decides whether you are guilty. Bail is the authorisation for the release from custody of an accused […]
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What to do when the police arrest you?
“This is the Police! Hands up! Do not move! You’re under arrest!” You have probably heard these being said by the police either through popular criminal drama shows on TV or perhaps you might have even heard it being shouted in real life by the police. What does this all mean? We at AH2 Legal, […]
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Traffic Offences – Drink Driving
Here at AH2 Legal, we have noticed that most of our Clients commonly approach us to assist in representing them in Court for traffic offences including drink driving offences. In Western Australia, if you are charged with drink driving, the penalty you will receive will either be an infringement with loss of demerit points, or […]
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End of COVID-19 Rental Moratorium
The Residential Tenancies (COVID-19 Response) Act 2020 (the Act) had put into place a moratorium on evictions and other measures relating to residential tenancies to address the financial impacts of COVID-19. Other elements of the Act include: a ban on rent increases during the moratorium period; fixed-term tenancies will automatically convert to periodic tenancies if […]
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Statutory Demand
We at AH2 Legal often get queries from clients about bad debts that are owed by companies in the course of business dealings. Clients often get frustrated when having to deal with collecting slow debts from other businesses that fail to adequately address their debts in a timely manner. A potential option (subject to conditions) […]
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Tobacco Smuggling
We at AH2 Legal frequently get Clients who need our help in defending them against charges for Offences involving tobacco products including being in possession of large quantities of tobacco products without paying the appropriate duties or even smuggling tobacco into Australia. Section 233BABAD of the Customs Act 1901 (Cth) deals with Offences Involving Tobacco […]
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Property Laundering and Dealing with Proceeds of Crime
Property (money) laundering involves hiding, disguising or legitimizing the true origin and ownership of money used in or derived from committing crimes. It is an extremely diverse activity that is carried out at various levels of sophistication and plays an important role in organised crime. There is no single method of laundering property or money. Money […]
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Common Assault
Common assault charges in Western Australia arise in cases where a person has sustained minor injuries or where a person has been threatened. This offence generally arises whenever a person is hit, pushed or shoved in Western Australia. Under section 313 of the Criminal Code Act Compilation Act 1913 (the Criminal Code), common assault is […]
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Family Law – Loans and Property
With the current property market – costs of property have been increasing on an upward trend, pricing first home buyers out of the market simply because of the high costs associated with home ownership. Consider this scenario – your child wants to purchase his or her first home but is unable to do so because […]
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DEBT AFTER DEATH
We at AH2 Legal get quite a lot of clients wondering what would happen to their debt after they die. There is a lot of misconception around the issue of debt after death and people thinking that if you die, you no longer owe money to your creditors/lenders. We get questions such as “When someone […]
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Property Settlement After A Separation or Divorce
Who gets what when things don’t work out? Here at AH2 Legal, we often get asked by our clients to help with their determination of what they should get in terms of property after a separation or divorce. Many clients usually ask if their contributions before the relationship or marriage count towards property that needs […]
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Family Violence Restraining Order (FVRO)
Family violence is defined as violent, threatening or other behaviour that coerces or controls another family member or causes them to be fearful. Some examples of behaviour that constitutes family violence are: An assault A sexual assault or other sexually abusive behaviour Stalking Repeated derogatory taunts Intentionally damaging property Unreasonably controlling or denying a family […]
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How to recover a debt that is more than $10,000?
In our previous article, we have talked about what you should do when a debt amount is less than $10,000. But what if the debt amount is more than $10,000? General Procedure Claim The Magistrates Court of WA can hear disputes up to $75,000. Recovery of sums larger than this are dealt with by higher […]
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WA Commercial Tenancies Code of Conduct
The WA Government has now finalized the Commercial Tenancies Code of Conduct for WA by gazetting it in the Commercial Tenancies (COVID-19 Response) Regulations 2020 (the Code). The Code comes into effect from 30 May 2020 and complements the Commercial Tenancies (COVID-19 Response) Act 2020 (the Act). Some key points of the Code are: Who […]
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Debt Collection (1) – How to collect your debt?
Have you loaned money to a good friend, to an ex-partner, or even a family member and you now realise that you will never see your hard earned money again? Maybe you were involved in a minor car accident and the other driver had failed to pay for the damages to your car as promised. […]
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COVID-19 pandemic and its impact on Corporations Law
We are currently living in extraordinary times and require extraordinary measures to help combat the effects of the COVID-19 pandemic. This on-going pandemic is causing unimaginable havoc on not only our health system, but also the economy at large which severely affects individuals and businesses. In light of this, the Australian Government had urgently introduced […]
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COVID-19 Pandemic’s impact on Commercial Landlords and Tenants
On 7 April 2020, the Australian National Cabinet comprised of all Australian State or Territory’s Premiers or Chief Ministers and the Prime Minister of Australia announced its National Code of Conduct (the Code) to assist with commercial, industrial and retail tenancies affected by the on-going COVID-19 pandemic that is causing businesses and livelihoods to suffer […]
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Western Australia Border Lockdown
The Western Australian Government has moved to implement its harshest border restrictions yet, by locking down its borders for the first time in history as it tries everything to stop COVID-19 from spreading within Western Australia. Presently, there are restrictions on every person entering Western Australia, regardless of their residency. Western Australia Police Commissioner Chris […]
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Covid-19 (Coronavirus) and its impact on Businesses and Tenants
With the current Covid-19 (Coronavirus) pandemic increasingly affecting the health and livelihoods of so many people, it is inevitable that the economic impact of the pandemic will hit businesses hard as each passing day reveals more news about the devastating impact the pandemic has on Australia. Since the outbreak of the Covid-19 (Coronavirus) pandemic, we […]
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THREE WORKERS’ COMPENSATION CLAIM OUTCOMES THAT YOU NEED TO KNOW
Once you have lodged your claim for workers’ compensation, you will then need to wait for the insurer to decide if your workers’ compensation claim is successful. After submitting the required documents to your insurer, your insurer has a period of fourteen (14) days to decide on the claim and advise you in writing on […]
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Understanding Your Workers’ Compensation Claims Process
It can be a very traumatising time and frustrating process when you are injured at work and have to navigate through the various procedures to get what you are entitled to. We at AH2 Legal regularly deal with our injured clients and fully understand the frustrations felt by our clients. To help you out with […]
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All You Need to Know About Workers’ Death Compensation
According to the Workers’ Compensation and Injury Management Act 1981 (WA), a family member who is wholly or partially dependent upon financial support from a deceased worker who died as a result of any work-related injury or illness may be able to claim for workers’ compensation. In Western Australia, all employers are required by law […]
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5 Step Guide to Workers’ Compensation
1. What is Workers’ Compensation? Workers’ Compensation is basically financial compensation provided to workers who get injured or ill from work. Regardless of who was at fault to cause the injury, workers who suffer a work-related injury or disease requiring medical treatment or time off work are entitled to claim Workers’ Compensation. Workers’ Compensation […]
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Probate and Letters of Administration
What is Probate? Probate is the process of proving and registering in the Supreme Court of Western Australia, the last Will of a deceased person. When a person dies, somebody has to deal with their estate. It is usually the executor of their Will who administers the estate and handles the disposal of their assets […]
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Parenting or Children’s Issues
At AH2 Legal, we are able to provide you with in-depth legal advice in relation to children’s issues. When it comes to separation or divorce and children’s issues, there is a presumption at law of equal shared parental responsibility. Equal shared parental responsibility provides that both parents share parental responsibility and is more particularly defined […]
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Separation, Divorce, and Children’s Wishes
Separation, Divorce, and Children’s Wishes How Children’s Wishes are Weighed Against Best Interest The one question all parents ask themselves when separating or going through a divorce is – Who will my child (or children) end up living with? This is a complex issue that can require a ruling from the Family Court in the […]
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Did You Know That You Can be Fined for Eating While Driving?
Millions of people drive on our roads each and every day and a significant percentage of those people eat or drink while driving in their cars. As a result of people’s busy lives, it may seem that sometimes eating in cars while driving is unavoidable, but is this safe? And is it even legal? […]
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Workers’ Compensation
How do I make a workers compensation claim? If you have sustained an injury in the course of employment, you must undertake the following steps: Step 1: notify your employer of the injury as soon as possible Step 2: record the injury in the employer’s register of injuries Step 3: be examined by your doctor […]
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Buying a Business – Lease Documentation Review and Settlement
In our previous article, we talked about the importance of contract review and business evaluation in the context of buying a business. In this article, let’s find out more about what we should do when buying a business. Step 3: Lease Documentation Review When buying a business that involves a lease, there are usually two […]
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Buying a Business – Contract Review and Business Evaluation
Buying a Business Settlement of a business is the process of transferring a business from one owner to another, usually between a Seller and a Buyer. There are various tasks that must be completed before legal ownership of the business is transferred. People often ask “do I need a lawyer to settle a business?”. The […]
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What is Domestic & Family Violence (3)
Many people ask us the question of how family violence affect their application for a Partner visa. It is important to understand that you do not have to stay in an abusive relationship to stay in Australia. The family violence provisions under the Migration Act 1958 mean that you could still be granted a visa […]
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What is Domestic & Family Violence (2)
Do you need a Family Violence Restraining Order (FVRO)? You will need to apply for a FVRO if you require protection from a person with whom you are, or were, in a family relationship – e.g. married, de-facto partners, ex-partners, related to each other (including by culture or kinship) or otherwise in an intimate or […]
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What is Domestic & Family Violence? (1)
What is family and domestic violence? Under the Family Law Act 1975 (Cth), family and domestic violence is defined as behaviour which results in physical, sexual and/or psychological damage, forced social isolation, economic deprivation, or behaviour which causes the victim(s) to live in fear. Family and domestic violence can be experienced by people of all […]
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Separation, Divorce, and the Division of Property
Separation, Divorce, and the Division of Property When a couple realises that their relationship or marriage is over and then decide to separate or divorce, it is likely to be the most emotionally intense experience a person can go through in their life. Many people tend to panic and rush this difficult process, but it […]
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SEPARATION CHECKLIST: TOP 12 PRACTICAL THINGS TO CONSIDER
Here at AH2 Legal, we always get asked questions from people who are separating from their partners about what to do in their situations. From our years of experience, apart from giving advice on the legal aspects of separation, we have taken note of some very practical things to consider when separating from your partner. […]
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Loans to Children
In our last article, we talked about how parties can better protect their assets prior to entering a de facto relationship or marriage through the use of a Binding Financial Agreement or “Pre-nuptial Agreement”. In this week’s article, we will be telling you how to further protect your interests if you are a parent and […]
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Some Facts on Marriages and Divorces
118,401 marriages registered and 46,604 divorces granted in Australia in 2016 Average length of marriages that end in divorce is 12.1 years 1 in 3 marriages will end in divorce 1 in 5 will marry more than once THE SEVEN YEAR ITCH? Well, the statistic (at least in Australia) suggest that the average length of […]
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