Agar Legal

Consider this your reminder to review your estate plan and make sure it’s still relevant to you.

Here’s a great checklist to get you started.

Fine Answers Podcast: Episode 46 Listen here: https://spotify.link/kTd8icip3Cb It might be a stretch to call them Sins, but this conversation with Ben and Jay explore the seven questions everyone should ask of their own estate plans. Do you have a Will and Powers of Attorney? Do you know who your Executors and Powers of Attorney are? Do THEY know they are your Executor or Power of Attorney? Do you have an estate plan in place including a summary of your assets? Does your executor know what that plan is and who and how it may affect them? Does your executor and Power of Attorney know who your Solicitor, Accountant and Financial Adviser are? Has your executor met your professional advisers or at least have a direct line of communication to them? Podcast link in bio ☝🏼☝🏼

Barwon Child Youth & Family and the Bethany Group (Community Support and Kindergarten Services) has now merged to become Meli.

If you have current parenting Orders in place referencing supervised visits at Bethany, these will now take place at Meli. The address where supervised contact or supervised changeovers take place remains the same, as do the contact details.

If you have any questions, please contact the Supervised Contact Services on 5278 8122, Wednesday to Friday.

As of 1 February, employees of non-small businesses can access 10 days of paid family and domestic violence leave in a 12-month period.

Employees of small businesses can access the leave from 1 August 2023.

Follow the link to the Fair Work Ombudsman to find out more.

New paid family and domestic violence leave - Fair Work Ombudsman Employees of non-small business employers can now access 10 days of paid family and domestic violence leave in a 12-month period. Employees of small businesses can access the leave from 1 August 2023.

🎉Welcome to 2023🎉

No doubt you’re busy getting your children ready to start the new school year; buying new lunchboxes, dealing with the dreaded stationary order, battling with the book contact, disposing of mouldy fruit that has been at the bottom of school bags since 20 December 2022 and naming anything that crosses your path.

You might also be dealing with the added pressure of the starting the school year as a newly single parent. Maybe you have been co-parenting for years and the start of this school year is just like the last.

Either way, single parent life can be tough for many reasons. Here are a few tips to help you start the year off in the right way, as a newly single parent:
🔹Look after yourself
🔹Take away your emotion
🔹Keep the kids in the loop
🔹Communication

as a seasoned co-parent:
🔹Consider your spend time arrangements
🔹Consider the relevance
🔹Get it in writing

Click the link for more information.

#2023

Welcome to 2023 Single or co-parenting can be difficult. Start the year off the right way using our tips to make sure your parenting arrangements are up to date.

Following the OPTUS and Medibank Private data breaches, fishing emails, text messages and telephone scams are on the rise.

Here are a few things you can do to protect yourself.

What can you do to protect your personal information and identity? With cyber crime and identity theft on the rise, here are a few things you can do to protect yourself online.

Has your ex put a caveat on your house? Agar Legal looks at:

❗what a caveat is,
❗how it works in family law and separated couples, and
❗how to deal with them.

If that has happened to you and your house, contact Agar Legal ASAP for a no obligation discussion to work through your options.

My ex put a caveat on my house, what does that mean? When separating from your spouse or de facto partner you should always consider protecting any interest that you may have in a property.

Divorce Coaches.

🔹 what are they?
🔹 are they for you?
🔹 do they help or hinder the separation and divorce process?

The ABC reports on the rise of the divorce coach following the pandemic.

Agar Legal works with divorce coaches on a variety of matters. Please feel free to contact us about putting you in touch with a divorce coach that may be right for you and your situation.

As Australian divorce applications peaked during COVID-19, a surprising new profession emerged - ABC News As Australian divorce applications peaked during COVID-19, a surprising new profession emergedBy Jade BarkerPosted Sat 20 Aug 2022 at 11:58pmSaturday 20 Aug 2022 at 11:58pmSat 20 Aug 2022 at 11:58pm, updated Sun 21 Aug 2022 at 4:29amSunday 21 Aug 2022 at 4:29amSun 21 Aug 2022 at 4:29am Liv Trunfio n...

We often find in family law cases that one spouse wants to retain a property just to spite the other. Fast forward 6 months and that spouse has found themselves in hot water because they didn't do a proper financial health check and their due diligence.

Make you sure you retain a family lawyer who recommends you seek independent financial advice before you sign final Court orders to ensure you are taking on reasonable debt.

Agar Legal has a solid network of professionals that can assist clients with every aspect of their family law matters.

Taking on debt can be an overwhelming decision to make.

Here are 4 things you should consider before talking on any debt.

- Am I getting fair and reasonable terms?
- Am I acquiring an appreciating asset?
- Can I comfortably afford the repayments?
- Do I have an exit strategy in place?

Talk to us today if you need assistance in deciding if taking on debt is the best decision for you ✅

❓Have you got a conviction on your criminal record that is over 10 years old?❓

New Victorian legislation means you may be eligible to apply for your old conviction to be spent.

A conviction that is spent does not form part of your criminal record and you are not required to disclose it.

If you would like to find out if you are eligible to apply to have a conviction spent or if a conviction has automatically been spent, please contact Agar Legal.

Ok, but what does ▶️without prejudice◀️ actually mean?

Erika Jayne, this one’s for you!

The Concise Australian Legal Dictionary defines “without prejudice” as ‘a statement made without intention to affect the legal rights of any person.’

In practice, lawyers use the phrase in negotiations when making offers on behalf of their clients that may be less than an entitlement or claim. For example, a Defendant might make a without prejudice offer to a Plaintiff that is less than the Plaintiff’s claim because that offer may settle the case and not force the parties to be put the financial and emotional cost of litigation.

If the Plaintiff does not accept the offer, it won’t be shown to the Court as a compromise of the Defendant’s position or acceptance of the Plaintiff’s case.

But, if the Court ends up making orders in the Defendant’s favor that are equal to or more favorable that what was put in the without prejudice offer, the Plaintiff may be liable to pay some of the Defendant’s costs from the date of that offer.

The purpose of without prejudice negotiations is to allow parties to a dispute to speak freely and make concessions knowing it won’t be used against them later if the negotiations fail.

Just because Erika Jayne repeatedly screeched at us that her case was ‼️dismissed without prejudice‼️ does not mean she was absolved of any wrongdoing; it simply means that case was finalised.

If you find yourself in a dispute, call Agar Legal for assistance.

More hurdles for separated families. Have you thought about using a co-parenting app instead?

Let us know in the comments which co-parenting app you use and how you find it.

🔹Woof! Who keeps the dog after separation?🔹

Check out our latest blog post to see how the Court treats the family dog in family law proceedings.

https://agarlegal.com.au/news/

A Melbourne bus company was sentenced without conviction in the County Court of Victoria after being found guilty of discrimination against an employee under the Occupational Health and Safety Act.

The Court heard evidence that the bus company gave an employee a written warning after he contacted WorkSafe about health and safety issues.

The Court also heard evidence that the worker had previously raised his concerns about a missing safety door of a bus with his direct supervisor but, was told to drive it anyway.

After the worker reported a separate safety issue, he was hauled into a meeting by the bus company and told that he had breached company policy by contacting WorkSafe and that his actions had amounted to misconduct.

However, the Occupational Health and Safety Act protects workers from discrimination.

We often hear of employees being mistreated by their employers after they report issues to WorkSafe. Sadly, it’s not so often that we can prove the mistreatment. This case may just be the tip of the iceberg.

If you are feeling mistreated at work, please contact Agar Legal to discuss your rights.

We think Absolute Web Design did a fabulous job creating our new website. Check it out and tell us what you think below.

Agar Legal Affordable website design and marketing coaching for trades services. From painting and electrical to building and carpentry. We've made them all. Contact us for affordable, quality designs that give you more leads.

At Agar Legal we appear in all Courts, state wide.

One of our Principal lawyers was lucky enough to collaborate with colleagues in Melbourne today. We achieved a great result for our client that they were happy with and will ultimately save them financial hardship and emotional heartache.

While we’re always here to work hard for clients, upfront and honest legal advice always serves a client best.

Signing a contract means you’re likely doing something exciting (and potentially nerve-racking) in your personal life or in your business.

Most of the time, contracts are written by lawyers and are usually full of complex legal jargon. Before you sign your life away, it’s best to make sure you truly understand what you’re getting into. Follow these steps:

1️⃣ Read the entire contract from start to finish. Have a cup of tea, go for a walk and then read it again from start to finish. Make sure you are aware of everything you are getting yourself into.
2️⃣ Take note of the clauses or words that you don’t understand. This creates “to do” list for you to either research or seek professional help about and ensures you don’t forget anything.
3️⃣ If you don’t like the sound of something, negotiate with the other party. Don’t be afraid; you’ve both come to the table because you both want something the other party has.
4️⃣ Follow your instincts; if it sounds too good to be true, it often is.
5️⃣ If you are still unsure, consult a professional. Protecting your interests is key.

Agar Legal is always available to help you write a contract, negotiate a contract or provide legal advice on your contract.

It feels great to be back doing Court appearances in person, especially on this sunny winter’s day in .

While most of you have been back in the office for a while now, I’ve only just returned from maternity leave. Prior to my mat leave, most hearings were being dealt with via teleconference and client meetings were mostly via zoom.

Nothing replaces the feeling of being able to work with and talk to colleagues face to face. Most importantly, the client always feels more relaxed in their lawyer’s physical presence and not having to deal with the added pressure of technology.

Not to mention, we achieved a great outcome for the client today too!

Agar Legal answers your questions about divorce and separation like:

❓Can I get a quick divorce?
❓What happens if we have been living together after we separated?
❓Does a divorce automatically change my name?
❓Will I be punished if I had an affair?

https://agarlegal.com.au/divorce-and-separation-faqs/

❓Have you got a Will drawn up by a lawyer? If you answered yes, give yourself a high five because you’re already doing better than most Australians. But, do you know where it is? ❓

When you pass away without a Will, your estate will be dealt with in accordance with intestacy laws.

Even if you have told your loved ones what you want to happen after you pass away, Courts are often the ones left making the decisions instead.

A Will is a legally binding document which sets out your wishes regarding:
🔵the distribution of your assets,
🔵the care of any of your minor children; and,
🔵the care of your pets.

Agar Legal can prepare your legally binding Will to ensure that your property and your loved ones are cared for in accordance with your wishes.

Send us a PM to let us help you help your loved ones today.

❓Have you secured your “.au” domain name yet? ❓

On 20 September 2022, the window for small businesses to have priority access to the abridged version of their domain name will expire. The Australian Small Business and Family Enterprise Ombudsman is encouraging all small businesses to register the additional “.au” domain and ‘ditch the com, ditch the net, ditch the asn, go straight to .au’.

If businesses don’t, they run the risk of another organisation snapping up the domain name with the .au and attempting to sell it back to business at a premium. A business runs the risk of falling victim to ambush marketing and losing customers looking for you but ending up on another site.

The Ombudsman has warned of cybercriminals ‘masquerading as somebody else in order to get access to emails, maybe harvest personal information, even cut off invoices so that they can substitute different bank account details.’

Organisations such as VentraIp offer domain registration for around $5.00. There really is no excuse not to protect your business.

Agar Legal updated their business hours.

Agar Legal updated their website address.