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Virtual Lawyers and Mediators

Phone: 0407 001 464

Address: 8 Wolgan Street 2847

Website: http://www.virtuallawyersandmediators.com.au

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24.01.2022 Should you be paid for work experience? As always the legal answer is that depends. Under the Fair Work Act, if your position is considered to be a vocational placement (such as for your educational development) then an employment relationship is said not to exist. Budding solicitors are required to complete 75 work experience as part of their practical legal training.

23.01.2022 Legal trivia. The first criminal trials in Australia were dealt with by a military court with the first criminal case taking place on 11 February 1788 just 16 days after the first fleet arrived in Sydney Cove. Perhaps not surprisingly the first trial was that of a convict Samuel Barsby who was found guilty of assault and received 150 lashes.

23.01.2022 "In case I die in this mess I leave all to the wife". Over 80 years ago in Canada Cecil George Harris was trapped under his tractor for 10 hours and fearing the worst used his pocket knife to make a Will on the fender of the tractor. He died in hospital. The judge ordered that the fender with his Will be removed and presented as evidence of his last wishes. A Will represent your opportunity to have the last word. If you have no Will do you know for sure who will be inherit your property?

21.01.2022 Annual leave is at the discretion of your employer but what if your employer refuses to let you take your holiday?

21.01.2022 Swearing in public or offensive conduct could jeopardise your USA travel plans, In Australia swearing and/or offensive behavior is a summary offence and could result in a conviction being recorded against you; if proven. When applying for a visa to the USA such a conviction would have to be declared for assessment as to your suitably to enter the USA. Strange as some words we find offensive appear to be quite common on US television. Does section 4 of the Summary Offences Act covering swearing and offensive conduct need to be repealed?

21.01.2022 The death penalty. I would like to make two points; it is not a deterrence and secondly, it is a slippery slope when the death penalty is used for crimes not involving the death of a human being such as holding a different religious or political belief. Amnesty International puts it succinctly when saying: "The threat of execution at some future date is unlikely to enter the minds of those acting under the influence of drugs and/or alcohol, those who are in the grip of fear... or rage, those who are panicking while committing another crime (such as a robbery), or those who suffer from mental illness or mental retardation and do not fully understand the gravity of their crime." I will play the devils advocate and pose the question as to what would have been the Australian governments reaction had the Chan and Sukumaran faced the death penalty in the USA? Think back to David Hicks. Most states in the USA still have the death penalty. Around the world being a supporter of political and religious groups appears justification for military actions resulting in their deaths. All jurisdictions throughout the world ought to look at the issue of executions (or the threat of) and deterrence.

16.01.2022 What do you think?

13.01.2022 Does the Queen need a passport? No, but other members of the royal family, including the Duke of Edinburgh have one. The reason being is that passports are issued in the name of Her Majesty and so it is not necessary for the Queen to have one as she is, in effect, her own passport.

09.01.2022 What happens to your virtual life when your real life ends? I am referring to your Facebook, LinkedIn and other digital assets such as your email, social networking, photo-sharing, domain names etc. It is important that your executor is able to close down your digital accounts as you may continue to live online which may not be desirable. This issue will gain in importance. Any thoughts?

04.01.2022 A Will written just in time. Knowing that the end was nigh a man wrote his Will on the bedroom wall; All to wife. It has the distinction of being the shortest Will ever written. It was probated and stood as his Will. It also gave him posthumous notoriety in The Guinness Book of Records. As a solicitor I advise that you take more time to prepare.

02.01.2022 The Indonesian legal system and Australian legal system are in conflict. Under the Australian Common Law consideration in sentencing is given to those who confess to their crimes. Our society encourages offenders to own up, admit it and a lawyers goal is to seek admissions. Denial is not necessarily about saving face by the alleged perpetrator. Lawyers too must put their duty to the Court to act with honesty integrity and candour, ahead of saving face. I would argue that for other cultures the contrary is true and saving face is of greater significance and may affect the administration of justice. Do you agree?