Have You Got A Fake Suit?

We often see newspaper reports and media reporting on fake lawyers and this is concerning to us. But what can you do to make sure your lawyer is legit?

A Fake suit is clearly a situation where they’re engaging in a defamatory statement, a false statement about another that damages that person’s reputation”. In that situation, that is certainly actionable.

We wish to remind the community that if someone is concerned and wishes to ensure that their solicitor is properly registered as a solicitor they can check with the Queensland Law Society, either by phone or online.

It’s a criminal offense to pretend to be a lawyer when you are not, but in truth prosecutions are rare.

Practising law is a regulated profession and only certified lawyers are allowed to do certain things, (such as appear on behalf of someone else in Court or be paid to undertake litigation).

How to become a (real) lawyer:

To practise as a solicitor in Queensland involves four steps:

1. Completion of an approved law degree
2. Completion of an approved practical legal training course or a supervised traineeship
3. Application for admission to Roll of Lawyers
4. Application for a practising certificate

A practising certificate is required to practise law in Queensland. Certificates are issued pursuant to s.49 of the Legal Profession Act 2007 and must be renewed annually.

For details on how to proceed if you have qualified overseas, access the below links:

• Application for assessment of overseas qualifications
• Information kit to apply for skills assessment
• FAQ for assessment of overseas qualifications
• Guideline for assessing overseas applications issued under Rule 9AA(1)(c)

Practitioners who intend to practise as principals are also required to successfully complete the QLS practice management course. This course expands practitioners’ managerial skills and helps them to easily transition to the role of principal.

SOURCE: https://www.qls.com.au/For_the_profession/Your_legal_career/Become_a_solicitor

To become an Accredited Specialist in law:

https://www.qls.com.au/For_the_profession/Professional_development/Specialist_accreditation/Eligibility

In summary, Accredited Specialists undertake more training. For example, you have to be admitted as a lawyer for a minimum of 5 years, with 3 years (before the application for accreditation) being almost exclusively in the area of specialism. You also have to undertake additional exams, however, it varies between the specialist areas what exactly is required.

To remain as Accredited Specialists, you even have to do additional hours of CPD every year which must be in the area of specialisation. It’s very intensive. You can always check to ensure you are dealing with an Accredited Specialist by asking for the lawyer’s credentials.

What are Lawyers Allowed To Do?

To answer the question of what are lawyers allowed to do those other people can’t, the Legal Profession Act (QLD) says only people who are admitted as lawyers are permitted to engage in legal practice.

Are you dealing with a genuine suit? It pays to be sure.

Here’s ACA’s recent story on a fake suit lawyer that got busted.

Article Source: A Fake Suite

PEXA E-Conveyance Vs Paper Settlement

E-Conveyance Vs Paper Settlement

Deciding on the most efficient and best value option for settling your property transaction is at the front of mind to most people and with the onset of modern technology, this decision now includes the option for electronic processes. So which is better? A traditional paper settlement or a more modern approach by way of conveyancing? Let’s discuss.

What is a Paper Settlement?

A “paper settlement” is the traditional method of settling a conveyancing matter. Solicitors Brisbane for the Buyer and Seller, the lending bank, and the releasing bank all meet in person at an agreed location to swap legal documents and hand over bank cheques.

What is a PEXA e-conveyancing?

PEXA E-Conveyancing is an electronic form of settlement, which minimizes the manual processes associated with a traditional paper settlement. Solicitors and banks transact together in an electronic environment to swap legal documents and transfer funds via electronic funds transfer (EFT).

Pexa E-Conveyancing is a great way to settle your property transaction. It allows for a very efficient, fast, and secure way to settle your property transaction in real-time with no delays. This includes treating sale proceeds as cleared funds so there is no waiting for cheques to be deposited and cleared into the Seller’s account. A PEXA settlement also provides for lodgement of legal documents instantly with the Land Registry which reduces the risk of delaying registration of the property transfer.

Always know what’s going on conveyancing

A PEXA Settlement can also incorporate an app that allows real-time tracking for Buyers or Sellers.  You can keep yourself updated the entire way through the conveyance by using the free settlement app “Settlement”. Buyers and Sellers can keep themselves informed throughout the settlement process and know exactly when settlement is complete.     

Use PEXA through Aylward Game Solicitors

In states such as New South Wales and Victoria, PEXA Settlements have become mandatory. However, with Queensland set to follow suit many law firms have not adopted the electronic settlement process and are not subscribers to PEXA.

Aylward Game Solicitors are subscribers to PEXA and we are able to provide Buyers and Sellers with the option of an electronic settlement or a traditional paper settlement. Each Client along with each property transaction is individual and we strive to provide our clients with a tailored conveyancing experience.   

Article Source: PEXA E-Conveyance 

Queensland Surrogacy Process in Australia

SURROGACY – A COMPLICATED PROCESS IN QUEENSLAND AND AUSTRALIA

What is the surrogacy process in Australia?

A surrogacy arrangement is an arrangement between a woman ( the “birth mother”) and another person or persons ( the “intended parent or parents”).  The birth mother can give birth to a child with the intention that the child is to be treated as the child of the intended parents.  It is intended that the parents will then have custody and guardianship of the child.

Commercial surrogacy arrangement

A commercial surrogacy arrangement occurs if the birth mother receives any type of payment, reward or other material benefit or advantages from giving birth to the child. Commercial surrogacy arrangements are not legal in Queensland nor Australia (apart from the Northern Territory where there seems to be little legislation in regard to this).  The birth mother can be compensated for reasonable medical, legal and counselling expenses arising from the birth of the child.  These payments do not render the surrogacy arrangement a commercial one.

Parentage order and the Surrogacy Process

An order is made by the Children’s Court for the transfer of the parenting of the child to the intended parents.

Surrogacy arrangements can only occur if the intended parents for medical or other reasons are unable to conceive and give birth to a child.  In the case of female same-sex couples, both intended parents must be able to show that both women are unable to carry or conceive a child on medical grounds.

There are strict requirements for entering into any surrogacy agreement and those requirements must be complied with.  The agreements must be entered into prior to the child being conceived.

Even if the parties enter into a surrogacy agreement in Queensland these agreements are unenforceable.  This means that the parties cannot enforce the arrangement if things go wrong. In such circumstances, the parties are required to bring an application to the Family Court pertaining to the parenting of the child.  The Family Court will then engage in an assessment of the child’s best interest.

To legalise the arrangement after the birth of the child the parties must apply for a parentage order 28 days after the child is born and before the child is 6 months old.  Such applications are brought before the Children’s Court.  There are strict conditions and regulations that must be adhered to and complied with if this application is to be successful.

The requirement to obtain independent legal advice and counselling.

The legislation requires that all parties to a surrogacy arrangement obtain independent legal advice and counselling before entering into any agreement.

Overall surrogacy arrangements are complicated in Queensland.  Further information may be obtained on this by visiting our website. 

Article Source: surrogacy australia 

What is Power of Attorney and When Would You Need It?

 

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 sound decisions, such as in the case of someone with Alzheimer’s or suffering an incapacitating illness or injury.

While this is often the case, the are other scenarios where you may need to consider giving someone you trust the power of Solicitor, even on a temporary basis.

One such instance is when you might be required to spend a significant amount of time overseas and find it too difficult to handle all your affairs back home from abroad.

If you, the principal, lose your capacity to make decisions, then the power of attorney you delegated will cease.

Enduring Power of Attorney

With the enduring power of a lawyer, you are empowering your legal representative to look after your affairs. This can be immediate or specified to come into effect at a later date in the event that you lose your mental capacity to make your own decisions.

In this case, your lawyer handles those decisions for you and takes care of any tasks nominated in the power of attorney document. In some cases, this could even include decisions regarding things like medical treatment and financial matters.

Will and Estate Planning Brisbane

When it comes to preparing wills, estate planning, and matters regarding the power of a lawyer, your local and highly experienced law firm in Brisbane is Aylward Game Solicitors. If you need advice regarding the delegation of power of solicitors to someone you trust, then think of us first. 

Article Source: power of attorney

Top Ten Issues You Need To Know About Family Law Litigation

Follow along for the latest installment of our ‘TOP TEN ISSUES YOU NEED TO KNOW” series. This feature discusses the Top Ten Issues You Need To Know About Family Law Litigation.

In 1975 the Federal Government set up the Family Court to deal with matrimonial matters.  It now also deals with de facto and same-sex relationships.  Prior to 1975, the State Supreme Courts had jurisdiction in regard to issues resulting from a breakdown in a marriage.  De facto couples and same-sex couples had no representation in this Court.  Under the Matrimonial Causes Act, it was necessary to establish a fault to bring matters before the Court, such as cruelty, desertion, separation for a lengthy period of time, and other such matters.  The requirement to establish these grounds was abolished and parties can now have matters dealt with in the Family Court as soon as separation occurs in their relationship.  There is a requirement for a separation of 12 months to bring an Application for Divorce but that does not prevent applications in relation to property issues and children being filed with the Court immediately after a separation has occurred.

Disadvantages of Family Law litigation

1. There can be lengthy delays in having the matter dealt with by the Court. It is not unusual for a matter to take 15 months to 2 years for a final determination to be made by the Judge.  The parties can at any time reach an agreement on the issues before the Court and have orders issued by way of consent.
2. Family Law Litigation including Family Court proceedings can be costly. There are requirements for the filing of applications and affidavits and other documents and these documents must be properly drafted if the matter is to proceed through the Court.  The parties have separate representation.  The solicitors receive varying instructions which can create conflict in the conduct of the matter which draws out the process of reaching a speedy resolution.
3. Proceedings in the Family Court are emotionally draining for the parties. Friends and family can be drawn into the process creating relationship difficulties.  It is an adversarial process that does not assist in a conciliatory resolution of the issues before the Court.
4. The parties in Family Court litigation have no control over the process. Dates are set for the mentions and various hearings of matters before the Court.  If the parties are unable to resolve their matters then a judgment will be forced upon them at the conclusion of the matter by way of trial.  The judgment may not be to everyone’s satisfaction.  The parties are subject to examination, cross-examination, and re-examination during the trial process and it can be a harrowing experience for those involved.
5. The parties have no control over the running of the matter through the Court process and are required to comply with directions and orders made and for appearances on dates set by the Court.
6. Legal representation is not necessary for the running of a matter in the Family Court. Self-litigants however do not have the knowledge required to meet all the requirements that are imposed upon them for the proper conduct of their matter and the drafting of their Court documents.  It is not an easy process to follow and self-litigants may not have the ability to properly present their evidence to the Court nor to comply with the requirements for the drafting of the application and other Court documents.

 Advantages of Family Law litigation

1. Court orders made by the Court are enforceable and this provides some certainty to the resolution of financial issues and children’s issues arising from a breakdown in a relationship, leading to family law litigation. Court orders are enforced in the Court.
2. Where there is a real concern in regard to the parenting of the children an Independent Children’s Lawyer can be appointed by the Court to solely look after the children’s interests. An Independent Children’s Lawyer is funded by Legal Aid although the parties may be requested to contribute to a small degree to the costs of the children’s lawyer.  The children’s lawyer has the ability to obtain relevant information from doctors, hospitals, schools, and other sources.  As well a Family Report may be prepared at the request of the children’s lawyer.  The Court can also order a Family Report without the appointment of a children’s lawyer.  The Report Writer will then interview the parties with the children if that is appropriate and present a detailed report with recommendations for a resolution of parenting issues.  The Judge hearing the matter will make his or her own assessment of those recommendations.  The information obtained by the Independent Children’s Lawyer reduces the costs of the parties personally obtaining such documentation and information.
3. There is a requirement in relation to parenting matters for the parties to attend a mediation prior to the institution of proceedings in the Court unless there is some element of urgency in bringing this application. The Federal Government has set up Family Relationship Centres which provide this mediation service without cost to the parties.  This is a very valuable means of resolving parenting issues or if not reaching a resolution of minimising the matters which then go to the Court.
4. An application for divorce can be filed 12 months after the date of separation. The parties have 12 months after the order for divorce is made by the Court to resolve financial issues otherwise leave of the Court must be obtained.  It is a no-fault divorce application.

Article Source: Family Law Litigation

  

Who’s Your Daddy? Am I the child’s parent?

Who’s Your Daddy?

Am I the child’s parent?

Strange as it may seem, we do not see too many women through our door asking how they would know or be able to prove if they are a child’s legal and biological parent.  We do however experience the question raised quite often by men.

In our experience as Family Lawyers in Brisbane that men are approached by current or former partners to request they contribute financially to raise their child.  Some men wish to prove a lack of paternity to negate their obligations in this regard.

Other fathers will seek to prove the paternity of a child to establish a right to spend time with that child.  Many men in these situations come to us in a bid to understand their legal rights and the rights of a person seeking to prove paternity.

A mother can request a male she suspects to be the father of a child to undertake a simple DNA test from a certified laboratory for such testing to establish parentage.  If the father accepts it is often accepted that the mother pays for such a test.

Should the man suspected of being the father refuse to take a DNA test, then the mother will be required to make an application to the Family Court of Australia to seek a declaration of paternity.

A Court may order that a male whom it suspects could be the father of a child take a DNA test.

Enforcement of the order (forcing the male to undertake the test under threat of a penalty) is not possible, however, the fact that the male chose not to undertake a DNA test will be considered when deciding whether to make a declaration that the male is or is not the father of a particular child.  In such circumstances, the Court may make a declaration that the male is the father of the child and he may then be liable to pay child support.  The only way to prove otherwise is for the father to undertake DNA testing and apply to the Court for a declaration that he is not the father of the child. So a suspected father may chance his luck however it is likely that he will not escape his obligations and after further time and cost will be proven liable to support their child.

It should be noted that an application for a declaration of paternity does not attract an application fee.

For more information on your situation, please contact a Specialist Accredited Family Lawyer today at Family Law on 1800 217 217 or click here to book a consultation or see other options.

Contact us 

Article Source: Who Is Your Daddy 

Judge allows divorce papers to be served via Facebook

Facebook has been a place for people to promote their new single status for years, but now it also has the power to help people legally reclaim their single life. In a landmark ruling, a New York City judge had declared that Facebook messages are an acceptable way to serve divorce papers, according to the New York Daily Post.

Manhattan Supreme Court Justice Matthew Cooper has given permission for a nurse named Ellanora Baidoo to serve her elusive husband Victor Sena Blood-Dzraku through a private message on Facebook.

Her lawyer Andrew Spinnell will message Mr. Blood-Dzraku, through her account, once a week for three consecutive weeks or until Mr. Blood-Dzraku acknowledges it.

While the first Facebook message was sent out last week, Mr. Blood-Drzaku has yet to respond.

Mr. Spinnell said the new law was necessary and noted that it had been incredibly difficult to try to serve Mr. Blood-Szraku by traditional methods.

“We tried everything, including hiring a private detective — and nothing,” Mr. Spinnell said.

Mr. Blood-Dzraku who has no fixed address or place of employment occasionally keeps in touch with his 26-year-old wife on the phone and through Facebook, the ruling said according to New York Daily News.

The post office has no forwarding address for Mr. Blood-Dzraku, who refused to make himself available to be served divorce papers.

‘There is no billing address linked to his prepaid cell phone, and the Department of Motor Vehicles has no record of him,’ the ruling added.

Mr. Spinnell says the couple married in a civil ceremony in 2009 but noted that the relationship began to unravel when the defendant reneged on his promise to a traditional Ghanaian wedding ceremony as well.

As a result, the couple from Ghana never consummated their marriage and the husband and wife never lived together.

Newsbreak – April 7

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So does any of this apply to Australia?

The answer is YES! It could also happen in Australia.

Normally documents are served in two ways in Australia that are acceptable to the Court.  The first means of service is personal service which cannot be done personally by the applicant.  A Process Server is engaged (or a friend or relative) to serve the documents.  Normally a photo is provided so that the respondent can be identified.  Car registration details and other information which would assist in identifying the respondent are normally provided.  The Process Server is required to ask questions to properly identify the person served.  The Process Server is then required to complete an affidavit of service setting out all relevant information in regard to the service of the documents in which the affidavit is filed with the Court.

The second acceptable means of service is by post.  Included with the documents to be served is a document titled “Acknowledgement of Service” which the respondent is required to sign and return.  If this document is signed and returned then the applicant is required to identify the signature of the person served in an affidavit titled “Proof of Signature” and this is filed with an affidavit of service setting out the details of the service of the documents by post.

If the respondent fails to complete the Acknowledgement of Service then personal service is required.

If however the whereabouts of the respondent is not known an application can be made for substituted service nominating a suitable means of service which would enable the respondent to be made aware of the proceedings before the Court.

An application can also be made for the whereabouts of the respondent to be provided by the Department of Social Security if the respondent is known to be receiving government benefits.

Before an application is made for substituted service the Court must be satisfied that all appropriate means to locate the respondent have been exhausted and the whereabouts are unable to be established.  This may mean inquiries with relatives, friends, the last place of employment, and so forth.

If the Court is satisfied the respondent will gain knowledge of the proceedings by substituted service then service may be ordered by Facebook, email, or posted to a known close relative or some other acceptable means.

In response to the article in question, yes the documents may be served by Facebook if the Court deems that to be an acceptable means of service.

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Article Source: Divorce Papers