Qawasmi Lawyers & Consultants

The unexpected event caused by COVID-19 has affected the entire nation and may cause dramatic changes to many businesses and personnel worldwide.

We are committed to assisting our clients in their financial and commercial agreements, by providing our legal services as well as our financial solutions to facilitate their plans and to resolve the current hardship situation.

Contact us now, by sending us a brief email, illustrating your situation and we will contact you within two business days.

[email protected]

https://www.qawasmi.com.au/

HOME | Qawasmi Lawyers

The unexpected event caused by COVID-19 has affected the entire nation and may cause dramatic changes to many businesses and personnel worldwide.

We are committed to assisting our clients by providing our legal services as well as our financial solutions to facilitate their plans and to resolve the current hardship situation.

Contact us now, by sending us a brief email, illustrating your situation and we will contact you within two business days.

[email protected]

https://www.qawasmi.com.au/

Do you like to migrate, live and work in Australia?

Do you like to live in healthy and wealthy life style?

Then it is the time to search your best partner for a successful application. Qawasmi Lawyers with its specialised team can support you step-by-step until the last process of your visa.

Contact us NOW on:

Email : [email protected]

WhatsApp | Viber : +61 426 633 833

Skype : qawasmilaw

Arbitration is a process in which an arbitrator adjudicates an issue or issues in dispute between parties. It is a form of alternative dispute resolution (ADR) that parties can pursue in place of judicial proceedings.

Arbitration is a determinative process where parties submit evidence and the arbitrator reaches a decision known as an arbitral award. Parties must comply with the arbitral award which is enforceable in countries party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) 1958. Arbitration thus differs from non-binding processes where a person offers advice or other assistance to parties in dispute.

Parties may select arbitration because of factors such as cost, speed or confidentiality of proceedings. Arbitration is particularly attractive in cross-border disputes. Parties may include an arbitration clause in a contract, in which they agree to refer any disputes that arise to arbitration rather than commencing legal proceedings.

Online arbitration refers to arbitration assisted by technology.

RPA News

Regulation. Prosecution. Action.

News update for all practitioners from the Victorian Legal Services Board + Commissioner

No. 20

Issued May 2015

Legal Profession Uniform Law to commence on 1 July 2015

Victorian Attorney-General, the Hon. Martin Pakula MP, has announced the Legal Profession Uniform Law will commence on Wednesday 1 July 2015.

The Victorian Legal Services Board + Commissioner welcomes the opportunity that Victoria and NSW will now have to harmonise and simplify regulation for over 70 per
cent of Australia’s lawyers.

New Rules

With the approval of the Victorian and NSW Attorneys-General, the Legal Services Council has finalised the new Legal Profession Uniform Rules. (http://www.legalservicescouncil.org.au/legislation.html).

These Rules will govern the legal profession across both states and cover issues including admission to the profession, registration, professional conduct, legal costs disclosure, trust accounting and continuing professional development.

The Legal Services Board of Victoria encourages all lawyers to follow the above link to review the new rules in preparation for the commencement of the new regulatory scheme. These reforms offer the prospect of reduced interstate barriers to legal practice, while significantly improving consumer protections and safeguarding an independent legal profession.

Government lawyers

Under the Uniform Law, government lawyers practising in Victoria will be required to hold a practising certificate as of 1 July 2015. Further information on practising certificates for government lawyers will be provided on the Government Lawyers page of the Board + Commissioner website from Monday 1 June. (http://lsbc.vic.gov.au/?page_id=221)

Uniform Law fact sheets

For further information on how the Uniform Law will affect you, please see the fact sheets on the Board + Commissioner’s website. (http://lsbc.vic.gov.au/?page_id=568)

Legal Services Council - Legislation and rules Legal Services Council - Legislation and rules

A legal practitioner has numerous duties, including duties to the court, the client, other lawyers and the law. The legal practitioner has a general duty to obey the law, and a statutory duty to comply with the Legal Profession Act of every jurisdiction in which he or she is registered to practise, as a condition of obtaining a right to practise. A lawyer is also an agent of the client, subject to the duties imposed by the general law of agency, as well as a party to a binding contract with the client (the retainer). The practitioner has an ordinary duty of care in tort law as well as a fiduciary duty to the client; and statutory duties to other practitioners, along with professional standards (the general duties imposed by the common law and by the profession as a whole on its members). In addition, every person admitted to practise is an officer of the court with a wider duty to the legal system and the community in relation to maintenance of the rule of law and the due administration of justice. A client's contract with a solicitor (non-barrister legal practitioner) is multifaceted, and includes: (1) the general retainer, including matters which fairly and reasonably arise out of carrying out the client's instructions within the scope of the retainer (which expands the scope of the retainer to include tortious duty; (2) instructions relating to the specific matter (in practical terms, the content of each separate file); and (3) the terms of any costs agreements entered into. Beyond these express duties there are implied terms that the solicitor will act in accordance with the rules of professional conduct of the jurisdiction, and the wider ethical practices understood in the profession. Breach of any of these terms entitles the client to sue in contract.

ADVERSARIAL LEGAL SYSTEM (or ADVERSARY SYSTEM) is a type of legal system found in most common law jurisdictions, characterised by opposing parties having the responsibility for deciding what the issues are and how the case is to be presented. The purpose of adjudication is to determine whether the party bringing the case (plaintiff in civil cases and prosecution in criminal cases) can establish all the requisite elements to the relevant standard of proof, as distinct from an inquiry to establish the objective truth. Adversarial adjudication relies heavily on the oral evidence of witnesses, rather than the compilation of a written dossier by the state, and on cross-examination to determine their credibility. Adjudication is governed by a complex set of rules of evidence and procedure and the requirement of strict separation between the judicial officer, the prosecution, and the defence. The lawyers dominate the adjudication process, not the trial judge. Criminal investigations in adversarial systems are not supervised by the judiciary except for the issuing of warrants. Trials are usually discrete, single events; they are not fragmented over time. In criminal proceedings the victim of crime is not considered to be a party.

By comparison with adversarial systems, INQUISITORIAL LEGAL SYSTEMS are characterised by a judicial officer having responsibility for pretrial investigations, and the conduct of the trial. Lawyers play a secondary role. Inquisitorial systems are found in most European jurisdictions based on the civil law tradition. The object of inquisitorial proceedings is to determine the actual facts or truth of the case. Inquisitorial systems place greater reliance on documentary evidence accumulated during the criminal investigation. The trial can be adjourned many times to allow for new evidence to be gathered. In criminal proceedings the victim of crime can have separate legal representation.

http://www.immi.gov.au/media/publications/statistics/immigration-update/migration-australia-state-territories-2012-13.pdf

www.immi.gov.au