group of people discussing something
8 Nov

What is Involved With Fair Work Mediation Practices?

The workplace can be a tense setting where employers and employees take positions that they believe is best for them.

Whether there is a concern over overtime payments, sick leave entitlements, health and safety issues in the surrounding environment or claims of discrimination, going through a fair work mediation process will often prove fruitful for those participants.

Here we will take stock of what is officially involved with fair work mediation to give employers and employees a chance to understand the exercise in greater detail.

 

Bringing All Parties to the Table

Once a fair work mediation ombudsman has been introduced to a case, then employers and employees are encouraged to actively take part in the discussions. A dispute will often involve a financial matter over the terms of a contract, but can also speak to working conditions, reporting, benefits and other issues that are outside of those financial parameters. Ensuring that they are available and present in good faith is part of their role, identifying what the issues are and letting the procedures carry out until a resolution is found.

 

Managing the Conversation

A neutral mediator will work to oversee the practice of fair work mediation and manage the conversation. Rather than allowing talks to divulge off subject where personal attacks or office politics are in play, they will keep the focus on the targets and objectives of both stakeholders to see what common ground can be found. Even if coffee breaks and consultations are necessary to keep the focus on the end outcome, then that will be a tactic that is utilised. These practitioners will be able to be consulted privately in some circumstances, but their position is to remain as neutral arbiters to facilitate healthy discussions.

 

Communicating Laws to Stakeholders

Employers and employees alike will find that working through fair work mediation processes helps to establish what laws and guidelines are applicable to their circumstances. From the terms of the contract to fair working conditions that are legislated by the federal government, employees will be made aware of whether or not their claims are legitimate and whether or not the employer is right or wrong to pushback against the focus of the dispute. Updates are being made to certain regulations in the workplace and if these policies have not been communicated to a business, that fact could adversely impact the outcome of the dispute.

 

Faster Process

Whereas a court procedure can allocate upwards of weeks and months as employer and employee dispute a claim, operating through fair work mediation can help parties reach a result within 2 hours. This is in the most ideal of circumstances, but an ombudsman is in a position to hear the claims either in person or over a conference call, allow all parties to voice their thoughts on the subject, assess the claims, provide a number of solutions and draft an agreement on that very same day. In certain circumstances there can be delays given the availability of all parties and their willingness to accept an outcome, but this exercise underlines how it can be expedited when weighed against the alternative solutions.

 

Reaching One of Three Potential Outcomes

There are three potential end results that are in play for participants who go through fair work mediation practices: reaching an informal agreement, a formal agreement or reaching no agreement whatsoever. The former will see the employer and employee verbally agree to terms and ensure that they can discuss the matter further inside the domains of the business. Then there is the formal provision that will see a Terms of Settlement reached. This will help to signify the terms and conditions that were outlined before becoming a legally binding document. The worst case scenario will see no such agreement found, leaving all parties to either head to court.

 

 


lawyer-client handshaking
8 Oct

How a Criminal Defence Lawyer in Melbourne Builds a Case For Their Client

Luck is never a factor when it comes to the success experienced by a dependable criminal lawyer in Melbourne.

These trained experts have their own unique formulas and approaches in these settings, but they have to stick to certain practices to correctly build a case.

Here we will discuss exactly what it takes to craft a successful defence for a client who has been charged with a crime in a Melbourne court.

 

Gathering Direct Evidence

Direct forms of evidence make or break a case for a criminal defence lawyer in Melbourne. These materials establish facts – facts that even the prosecution won’t be able to dispute. This can range from DNA tests, eyewitness testimony, police reports, bank statements and credit history. If there are materials that can be scientifically tested by forensic specialists, there is audio or video of an incident, there is a paper trail or there is testimony from an individual who is proven to be at the scene, these factors are key to building a successful case.

 

Gathering Circumstantial Evidence

There are other forms of evidence that do not go to the extent of establishing a fact, but offer a degree of inferences that can be drawn. This is what is known as circumstantial evidence, elements that are still useful for a criminal defence lawyer in Melbourne to provide context. From an alibi who states that an individual is with them at a certain location at a certain point in time to a suspect being spotted close to the scene of a crime, these elements are helpful without being substantial.

 

Establishes Client Credibility

Should a criminal defence lawyer in Melbourne take on a case for a client who has no public credibility, then they are already fighting a losing cause. This will be irreparably damaging to their testimony and put into question other key forms of evidence that would otherwise harm their position. From allegations or past convictions of physical abuse, substance abuse or harassment, these examples won’t be beneficial in the eyes of a judge or jury. The solicitor will need to highlight their assets, including personal references, career history, credit history and their reputation with key members of the Melbourne community.

 

Identifies Prosecution Inconsistencies

Although the defence side of counsel will attempt every maneuver in the book to strengthen their case, a criminal defence lawyer in Melbourne will also look to identify inconsistencies in the prosecution. Given that they have the burden of proof on their side of the bench, it is necessary to outline to a judge or for jury members where their position falls flat, failing to establish a coherent line of argument from start to finish. Prosecutors can take a combative and aggressive approach to the case, but if they cannot sustain an adversarial nature without facts and a consistent line of argument, then their objective to find a conviction is likely to be wide of the mark.

 

Creating Contingency Plans

There will be occasions whereby a criminal defence lawyer in Melbourne won’t be able to set the agenda off their own accord. Once a response has been filed and motions are in play, there is a need to consider contingency plans that cover all bases. Much like the prosecution side of the bench, professionals and clients alike can be forced into something of a waiting game and they need to ensure they are ready to respond in a fashion that upholds the integrity of their position.

Building a successful case for a criminal defence lawyer in Melbourne is an exercise that requires skill, diligence and experience. Irrespective of the suspected level of guilt of the client, the burden of proof lies with the prosecution that has to prove guilt beyond a reasonable doubt. To achieve that objective, they will have to overcome a defence attorney who has followed these benchmarks.

 


gavel
4 Oct

How To Get A Family Lawyer In Sydney To Help You Legally When You And Your Spouse Don’t Want To Get Married In The First Place

What some people may find when they are looking for help is that they are laughed off the phone when they call family lawyers in Sydney when they aren’t actually married or are planning to get married. This is extremely unfortunate as good professionals will know that there are legal obligations even when two parties are in a long-term relationship even if they have not legally tied the knot. As this is the case, there are some savvy people out there who are looking to get ahead of any potential issues that may arise and who are wanting to learn more about what their circumstance means in the eyes of the law.

There are all sorts of reasons why people don’t want to get hitched and one of which is that people don’t want to break up down the track. Some people aren’t religious and so don’t believe in the constitution and others don’t like making a spectacle of themselves in front of a large crowd. And so, here is how to get reliable family lawyers in Sydney to help you legally when you and your spouse don’t want to get married in the first place.

 

People who don’t want to get married are able to approach a family lawyer in Sydney to see if there is some kind of legal documentation that they can use in order to protect themselves

One of the first things that people may be wondering when they have decided not to get hitched if is they are able to create some legal documentation that resembles a prenuptial agreement which will help prevent any nastiness in the future if they do happen to separate. While this documentation may not be as solid as a prenuptial agreement (which isn’t actually that solid at all in Australia) this still may be something that offers couples peace of mind moving forward. For instance, if they did happen to break up down the track then they could always both calmly go over the documentation and remember what they put in place.

When people are trying to find a family lawyer in Sydney to help with this, it can be helpful to send out a few emails that explain the situation and so see what professionals send back. Some may think that it is silly but others may understand that when two people have been together for over 2-years and they live together, that there are important legal obligations that come along with this.

 

People who don’t want to get married are able to approach a family lawyer in Sydney when they have decided to get married and want to make sure that their partnership suits them and their beliefs

What some people will find is that even when they don’t believe in marriage, they will end up deciding to do so because it is so much easier. For example, one person in the relationship may be ill and the other person may be having trouble acting on their behalf while they are unwell or getting access to their medical files. Others may have benefits that they receive in the workplace that they can only transfer on to their spouse in they actually tie the knot.

When people reach this stage they may want to work with a family lawyer in Sydney who can help them establish a modern day partnership when all of their money and possessions are still kept separately long term.


court room
23 Sep

What Do Child Custody Lawyers In Sydney Do Well?

It’s no secret that legal fees can be incredibly expensive. Going through a divorce can be financially taxing because of the long-term nature of the case. A divorce doesn’t happen over night and there are several hurdles that must be met for it to happen. Because of this, you want one of the most affordable child custody lawyers in Sydney to be handling your matter. At the same time, however, you don’t want to be sacrificing the quality of your legal representation just to save a few extra bucks. So, what do the most affordable child custody lawyers in Sydney do well?

 

Clear, flexible pricing

Cheaper solicitors will not only offer discounted services, but they will be clear and upfront about their pricing and costs. If your barrister is unclear or vague about how they charge, then this is certainly a red flag. You want to make sure that you completely understand every aspect of your solicitor’s payment structure.

 

Effective communication skills

Affordable child custody lawyers in Sydney are also generally effective communicators. Solicitors need to be able to communicate concisely in the courtroom, while clarifying any concerns their client might have regarding their case or matter. They need to be confident when speaking in front of groups of people, so if you come across a solicitor who is orally articulate and charismatic, it’s time to be impressed.

 

Personable and compassionate

Whether it be a divorce, custody arrangements or the splitting of financial assets, affordable child custody lawyers in Sydney need to be affordable, understanding and compassionate about their work. The breakdown of a household can be a traumatic and emotional time in one’s life, so you want to make sure that your legal adviser is properly invested in your matter.

Thankfully, there are many affordable child custody lawyers in Sydney and throughout the city. They can bring a new level of understanding and consideration to your case, ensuring that you receive an outcome that is fair for both parties involved.

 

They can be creative

Not every legal matter is the same. Because of this, you don’t want a solicitor who is only rational and logical since your case might require a more creative and unique level of problem solving. The most obvious solution isn’t necessarily the right option, so having a solicitor in your corner who is willing to think outside of the box is important to the success of your case.

They do the basics right

If you are on a tight budget and you can’t afford an expensive, flashy solicitor from one of the top legal firms, then there is no need to worry. The legal market in Australia is well compensated by a variety of solicitors, particularly if you’re looking for affordable child custody lawyers in Sydney.

Whilst you might not get all the flashy services that you might receive from the top firms, you can rest assured that if you pick a solicitor who you respect and admire, they will do the basics right. They’ll know the specifics of your matter inside and out, ensuring that all relative information is properly documented.

 

They never give up

You don’t want a solicitor who is going to give up when you need them the most. The best, most affordable child custody lawyers in Sydney will never give in and always fight for your legal rights in the courtroom.

 

Conclusion

Hence, it is clear that having a good quality solicitor to assist with your matter is of the upmost importance. However, not everyone is able to pay for an exorbitant, expensive barrister, which is why seeking out affordable child custody lawyers in Sydney is a process that requires thought and consideration.