The Federal Government is under increasing pressure to reverse millions of dollars in funding cuts to legal aid and community legal centres around Australia.
All state and territory Attorneys-General have written to federal Attorney-General George Brandis, warning the Commonwealth’s current funding plan for legal assistance will set the fight against domestic violence and Indigenous disadvantage back decades.
Last year’s budget cut $15 million from legal aid commissions and $6 million from community legal centres.
“There are certainly places in Australia where there are centres that may have to close,” Michael Smith from the National Association of Community Legal Centres (NACLC) told ABC’s AM program.
“There are centres that don’t know whether they’ll be able to stay open and whether those lawyers will be able to continue.
“Even if centres are able to open often those community lawyers are seeing 300 or 400 clients a year, so that’s a lot of people who are going to miss out if those services aren’t there.
“Certainly demand for assistance around family violence is growing like we’ve never seen before.”
The current national partnership agreement for legal assistance services expires at the end of June, and the state and territories are asking Senator Brandis to set out their proposed future funding no later than the end of March.
The letter signed by all seven Attorneys-General called on Senator Brandis to reverse the existing cuts made to legal services, and guarantee no further funding reductions would be made to Legal Aid Commission, Community Legal Centres, and the Aboriginal Legal Service.
If these cuts continue … people facing poverty, people facing homelessness — they will be the people who lose out.
ACT Attorney-General Simon Corbell
“These proposals will affect the most vulnerable members in our community, including foremost women and children who are victims of, or at risk of family violence, as well as Indigenous Australians,” the letter said.
“It is difficult to reconcile these actions with the Prime Minister’s recent recognition of the importance of tackling domestic and family violence and closing the gap between Indigenous and non-Indigenous Australians as national issues.
“Cutting funding to the services which help these vulnerable members of our community, at this time, is short sighted and ill conceived.
“Such a move will further set us back decades in tackling this important issue.”
Parliamentary Secretary to the Prime Minister, Alan Tudge, defended the level of Commonwealth funding for legal aid.
“We’ve got an absolute commitment to providing good funding for the front line legal aid services for vulnerable people,” he told Sky News.
“We’ve committed $1.3 billion over the next four years.”
Mr Tudge said there would be new funding arrangements for legal service organisations from July, which will be announced in the May budget.
“Instead of the Commonwealth funding them directly we will fund them via the state governments and we’re in a process at the moment of working through that.”
Cuts ‘contradict’ domestic violence concerns
ACT Attorney-General Simon Corbell said the states and territories were united.
“It’s very significant that regardless of our political persuasions state and territory attorneys are standing together to tell the federal Attorney-General and the Abbott government that these cuts to legal aid can not stand,” he said.
“If these cuts continue we will see people needing representation and legal advice on domestic violence questions, representation because they’re Indigenous and caught up in the justice system, people facing poverty, people facing homelessness — they will be the people who lose out.”
Victoria’s Attorney-General, Martin Pakula, said cutting legal aid contradicted the Federal Government’s campaign against family violence.
“Our community legal centres do an enormous amount of work supporting the victims of family violence,” he said.
“Now for Tony Abbott and George Brandis to be talking about wanting to deal with the epidemic of family violence but at the same time talking about cuts in assistance to CLCs and Legal Aid is just completely hypocritical.”
West Australian Attorney-General Michael Mischin said he was concerned about WA’s dwindling funding.
He said with WA consistently receiving the second lowest per capita contribution from the Commonwealth of any of the states and territories, it could not afford to lose any further funding.
“Legal aid funding in Western Australia has been dropping considerably over the past 15-odd years, with the State increasing its contribution to legal aid funding across the state, but the Commonwealth share dropping,” he said.
“I’ve got to say that the prospect of us being able to significantly fill up the slack that the Commonwealth has left over the last 15 years is pretty grim.
“I understand the Commonwealth’s problems, but there are certain fundamental obligations that ought not to be abrogated.”
New South Wales Premier Mike Baird said he was also concerned his state would not be able to make up the funding shortfall.
“We understand the impact that they are providing and the service they are providing to some of the most disadvantaged in the state so the Attorney-General is absolutely right, as other Attorney-Generals (sic) across the country are, to ask the Federal Attorney-General to reconsider that,” he said.
Concerns funding cuts will lead to delays in court system
The Federal Government also cut $43 million from legal advocacy services, saying it wanted to direct the funding to frontline services.
Northern Territory Attorney-General John Elferink said while he understood what Senator Brandis was trying to achieve, it would lead to delays in the court system instead.
“If somebody is unrepresented and facing a murder charge or unrepresented and facing a serious indictable offence, then clearly a court would be extremely reluctant to hear a person or a case in front of them without proper legal representation,” Mr Elferink said.
“Particularly if that person is not as sophisticated as somebody else in the ways of the criminal justice system, particularly the Western criminal justice system.”
A spokesman for Senator Brandis said the letter would be given consideration.
He said the Government was committed to protecting the most vulnerable members of the community and would continue to provide a “very substantial” amount of funding for legal assistance.
The spokesman said funding to the states and territories would be considered as part of this year’s budget process.
The Federal Government also announced this week it would fund half of a $30-million national awareness campaign, along with the states and territories.
The NACLC said while that was important, it was not enough.
“We think that prevention is really important and that community awareness will make a difference in the long term about preventing family violence before it occurs,” Mr Smith said.
“Certainly people need to be aware of those problems, but legal services and other support services are totally stretched already.
“So the danger is if we’re only doing more awareness raising, it’ll just create more demand, and the crisis will get worse.”
ACC Label offering labelling expertise to companies interested in marketing food products in Canada.
ACC Label is a team of nutritionists, food scientists and translators offering labelling expertise to companies interested in marketing food products in Canada.
Food labelling is a crucial part of product development. Food products may be nutritious, delicious, and attractively packaged, but unless their labels conform to Canadian regulations, they may not be sold in Canada.
They provide database and laboratory nutritional analysis to determine the nutritional composition [protein, fat, carbohydrate, etc.] of food products.
Database analysis consists of determining a products nutritional content on the basis of the nutritional values of its ingredients. Good database analysis, however, is not just a matter of entering data into nutritional analysis software and letting the computer do the rest. Extensive food science and nutrition knowledge are necessary to ensure reliable data. ACC Label’s nutritionists have perfected the database analysis methodology to provide accurate results.
Laboratory analyses consist of chemical breakdown of the actual products. ACC Label contracts with laboratories fully accredited by the Standards Council of Canada for such analyses.
Once the nutritional composition of the food product is known, ACC Label produces compliant, print-ready Nutrition Facts tables.
In addition to nutritional labelling, ACC Label provides food label regulatory analysis services. They scrutinize the labels to:
1.determine whether all the mandatory labelling elements are displayed as required by regulations;
2.ensure no label elements are misleading and illegal;
3.recommend appropriate value-added claims [e.g. “Organic”, “Source of “, etc.];
The importance of the legal compliance of food labels cannot be overemphasized, as the consequences of inadequate labelling can be very costly in fines, seizures, label reprints, etc.
Equally important is the linguistic quality of texts. Just as poor graphic design or low quality packaging, poorly written texts convey carelessness and give the impression that the product is of inferior quality.
For outstanding linguistic quality on food labels, you want to rely on people passionate about words who can convey messages with style. Also, you want people with a good knowledge of Canadian labelling requirements who will not alter the legal compliance of your labels. Finally, you want someone familiar with the particularities of the two Canadian official languages, as Canadian French and Canadian English differ from Parisian French and US English.
To complement their nutritional and label regulatory analysis services, ACC Labels offers the linguistic services you need, whether you speak English, French, Italian or Chinese.
The production and sale of quality food products is a challenge in itself. Dealing with food labelling regulations, nutritional analysis and linguistics is a totally different matter. To food manufacturers, importers, distributors and retailers who wish to focus on what they do the best, ACC Label offers peace of mind with respect to their food labelling needs.
Visit ACC Label for more information.
When your ex decides to file phony abuse allegations so that you’re fighting a restraining order during a divorce case, the legal process is in two stages. The first “ex parte” hearing is one which only needs to be attended by the plaintiff, and a temporary order can be filed against you, which is then served in person. The second formal hearing is where you get a chance to defend yourself against it becoming a permanent order. In-between those two dates you are under the restraining order’s standard restrictions (firearms confiscation, a no contact order, and so on).
Unfortunately for those of us fighting an order because of false accusations, the first hearing is one where judges prefer to “err on the side of caution”. In practical terms, this means that the temporary orders are almost always granted against the defendant. Whilst in legitimate cases this is a good thing, it does lead to sly divorce tactics being employed during many breakups.
One prominent example of where the judge’s tendency to automatically grant the temporary order was abused is in the case of television presenter David Letterman. It reminds us of the ease with which the ex parte hearing judges grant restraining orders, effectively cutting fathers off from their kids until those fathers have a chance to respond in court several weeks later.
Basically, a deranged female fan from New Mexico filed restraining order paperwork against him in 2005. At the ex parte court hearing, Colleen Nestler of Santa Fe explained that the defendant (Letterman) had been harassing her since 1994 into marrying him, as well as exerting pressure to become a co-host on his talk show. He’d been responsible for her bankruptcy declaration and ongoing sleep deprivation problems. The temporary restraining order was granted against Letterman, and a court date set for a second hearing so he could argue his defense.
The method of Letterman’s harassment of this lady was… coded messages and facial expressions in his television presentations. Even more disturbing is that when asked if he might have made a mistake, Judge Sanchez stated in the negative.
The fact is that an applicant need only assert a “fear” of violence in most states for the judge to grant the temporary order, even if none has occurred. A new development in some counties is that applications can be made by telephone, without the need to attend county court the same day.
This situation sums up what fathers are up against when fighting a restraining order as part of strategic divorce maneuvers. The only difference is that their stories aren’t widely publicised to mass outrage, and they often don’t have expensive lawyers to descend upon the case to petition a dismissal before the second appointed court date. Meaning that they don’t get to see their children in the meantime.
There will come a point in any successful practice when you need an extra pair of hands – sometimes with very little notice. When this happens, you don’t have time to post an opening, wait for responses, interview candidates, and hire and train a new employee. That’s when a per diem attorney such as those found at www.perdiemattorneys.com can be a lifesaver. However, how well things go largely depends not just on the competency of the per diem attorney but on how effectively you work with that attorney. For the best results, try the following tips:
- Retain the right attorney. A good per diem attorney is whip-smart, hard working and pays meticulous attention to detail. To find an attorney you’d like to retain, you can either ask around for word-of-mouth referrals or look around online. If you happen to see a per diem attorney in court who catches your eye, ask for their card. However you find your attorney, it’s extremely important to make sure they care about your case. If they don’t, move on and find someone who does.
- Select the right job for per diem work. While per diem attorneys are extremely adroit and can think on their feet, it’s far better to delegate the less complicated grunt work than expecting a per diem attorney to deal with a complicated case with little to no preparation. If you find yourself swamped, free yourself up by using per diem attorneys to handle the basics so you can focus on the details. Keep in mind that your client, case and outcome are your responsibility and delegate accordingly. Per diem attorneys are best for tasks such as motions, routine discovery conferences, adjournment filings and the like.
- Properly prepare your per diem attorney. Don’t put your per diem attorney in a position to get caught flat footed. Make sure to give your attorney any and all information they will need to get the job done right. Always be honest and let your attorney know exactly what to expect. If you’re not sure what information to include, put yourself in your per diem attorney’s shoes and ask yourself what you would need and want to know about the case.
When you take the time and effort to follow these steps, it’ll help ensure the relationship you have with your per diem attorney is a win-win not only for yourself and your attorney but for your clients as well.
Defective products are one of the common causes of injuries in the United States. The regulations governing injury related to defective products are different from the usual injury law. Sometimes, it is easier for the injured person to claim compensation for damages with such laws.
What is Product Liability?
Product liability holds a manufacturer or vendor accountable for allowing defective products to reach the hands of the customer. When a defective product inflicts injury upon the person who bought it, the responsibility lies in parties who are part of the distribution chain.
What are the Kinds of Product Defects?
The complainant for a case about product defect should be able to give proof that the product in question was indeed defective. The defect should also be the main reason why the product is considered unreasonably dangerous.
There are three kinds of product defects in which the manufacturer or supplier is held accountable:
- Design Product Defect – the defect is already inherent in the design of the product even before it was constructed.
- Manufacturing Product Defect – defects that are brought about by the steps in manufacturing the product.
- Marketing Product Defect – the problem lies in the manner of which the product was marketed. This includes, among others, incorrect label, inadequate directions and improper safety instructions
Common Defense Raised from Product Liability Cases
One of the usual defenses used in such cases is that the complainant has not adequately identified which supplier has caused the damage or injury. The complainant should be able to connect the defective product to the party who is responsible for its production or supply. Another way to defend yourself from such cases is to claim that the complainant might have done something to the product which resulted to his own injury. It can also be claimed that the instructions that came along with the product were not followed which led to its misuse and injury.
Compensation for Damages Brought about by Defective Products
Federal laws do not cover product liability. Such claims are usually governed by state laws and are also encompassed by the principles of negligence, breach of warranty, and strict liability. Furthermore, a group of commercial statutes are also in place for every state which is modeled after the Uniform Commercial Code. This contains rules on warranty that are related to product liability.
Indeed, Product Liability cases can be quite a headache. It is best to consult the help of a professional such as a Personal Injury lawyer for it.
Written by Kellie Bertels, an attorney at Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.
When you‘re having trouble bankruptcy, and you want to appoint a lawyer to take care of your bankruptcy. Then choose a lawyer who has a good track record, and professional. There are some factors to be aware of when picking the right legal professional to aid you:
1. Consult the Lawyer or attorney: The initial step might seem noticeable, but yet take advantage of the free initial consultations provided by a reliable legal professionals! When you go into your free initial appointment, be sure you meet with a lawyer (not a paralegal or a law clerk) face to face.
2. Study: Do a little primary bankruptcy study well before making at a initial free discussion. This can provide a more satisfying advice about what the legal practitioner is discussing throughout the session. Additionally, it can help you differentiate between professional and also inexperienced lawyers.
3. Communication: Communicating is important for the lawyer or attorney-client relationships. When your court case proceeds, it is significant that you simply disclose all of your points to your own legal representative, and thus you need to make sure to find a lawyer which you feel safe talking with. Will the attorney frighten you, or do you experience comfortable and optimistic when interacting with the attorney?
4. Knowledge: Be pretty careful of the lawyers which often facilitate mainly chapter 7 customers, and who exactly will not tackle any chapter 13 lawsuits. This is simply not to convey that your legal representative simply cannot efficiently work with any chapter 7 court case, but yet this kind of legal professional wouldn’t distinguish all your products. You wish to be certain chapter 7 bankruptcy is the better part for your needs prior to when you retain an attorney for the chapter 7 bankruptcy. It is best to engage a lawyer that’s well versed in both chapters in order to be sure that you may be declaring the correct chapter.
5. The Smell Analysis: Thats best suited, follow onto your nose! However , if, within your free consultation, you’ll get the experience that this lawyer or attorney isn’t the most reliable individual in the book, trust your gut impulse. If you agree you can rely on the visiting legal practitioner, the legal professional appears sincere, and so the lawyer is normally trained in the laws, believe in gut instinct.
6. Few good Questions you should ask:
a.Will your attorney or even a non-attorney actually be preparing your application? (Keep clear from Bankruptcy “mills”)
b.Will probably a lawyer go along with you to your current 341(a) hearing?
c.Exactly how long has the firm been practicing bankruptcy legislation?
The legal service is considering a raft of changes to try and make its support more accessible to vulnerable people.
We know that lengthy, protracted court cases are not good for anyone, particularly where children are involved.
Victoria Legal Aid will overhaul its family law services to give more help to people whose first encounter with the labyrinthine legal system occurs when they go to court to get a family violence intervention order.
People who go to the Magistrates Court to apply for family violence intervention orders could be linked with help to solve their other family law problems.
For the first time since 1974 the service has launched a comprehensive review, responding in part to the huge increase in people appearing in court on family violence matters.
Statewide, the number of family violence intervention order applications increased 46 per cent between 2009 and 2014.
The legal service is also considering other changes: expanding its outreach services, providing more duty lawyers at family courts, and improving legal information for community workers who help vulnerable people.
On Monday it released an “options” paper, canvassing possibilities put forward by those within the sector and calling for submissions from the public.
Family Youth and Children’s Law director Nicole Rich said well-designed family law services prevented legal problems and resolved disputes quickly.
“We know that lengthy, protracted court cases are not good for anyone, particularly where children are involved,” Ms Rich said.
Early talks highlighted the need to help clients navigate the incredibly complex family law system, she said.
In 2013, Victoria Legal Aid made changes to its eligibility guidelines in order to balance the books in the face of record demand for family mediation and family law proceedings.
In September 2014, Victoria Legal Aid announced it would restore free legal help for family violence victims in child custody battles, reversing the cuts that left some to face their attackers in court alone.
“We acknowledge that these changes have been difficult for many people and we have recently taken action to reduce the effects of these on some of our most vulnerable clients,” the review paper said on Monday.
Federal funding for state legal aid commissions has declined from half in 1997 to about a third of all funding.
Women’s Legal Service senior lawyer Pasana Mutha-Merennege said the changes to funding in 2013 had seen some clients lose their family law funding during trial.
To open the review up to consultation was a positive step, Ms Mutha-Merennege said.
Source : http://www.theage.com.au
If we were dealing with legal issues is not easy to face themselves, to the search for a law firm as your companion in the face of legal issues so that you do not get lost and the problem quickly resolved. If you go to the courthouse there are already many agencies law firms that offer their services to you. Obviously you want to quickly complete the legal issues and is not a new problem? then you should be more selective and weigh in deciding the services of the law firm would you appoint as your attorney.
Both individuals and companies alike. Perhaps the problem is more complex coverage of the individual companies. Where the company at any time to deal with a lot of people, competitors and regulation so that the possibility of legal problems will arise very big. Professional law firm, they have a team that is capable of handling a wide variety of legal cases, and they will publish the results of their work as a portfolio, so people can read and have high confidence to the firm. As bankruptcy lawyer in Massachusetts, reliable in handling bankruptcy, but they have a team capable handling of other legal problems.
Corporate bankruptcies, will face a variety of legal issues. Some factors that typically lead the company into bankruptcy is
- in debt
- Fraud committed by CEO
- Error management company
- Spending Uncontrolled
There are many other factors that can lead to bankruptcy, but all four factors above widely found as the main problem of bankruptcy. What about the employees of a bankrupt company? The rights of employees remained above the far right of the applicant bankruptcy unsecured creditors, and just being one level below the tax debt. Concurrent creditors can be paid only from the rest of the money payments to creditors are privileged. So it would have been if the company is declared bankrupt, theoretically, the rights of employees is guaranteed.
Based on the law – bankruptcy legislation, curators have full power to carry out the maintenance of the bankruptcy estate, in lieu of the rights previously owned by the Debtor Bankrupt. Basically curator has the full right to continue the management of the bankruptcy estate, as long as there has been no definitive decision regarding the bankruptcy estate.
Definitive decision in this case is for instance decision of the meeting of creditors to liquidate the company, or just continue the management of the company into the bankruptcy estate, or other returns to Debtor Bankrupt management, if it is found that the proposed peace plan approved by the creditors of the debtor bankrupt.
Basically the company employee collaboration with curator is very necessary for the success of the process of bankruptcy, because bankruptcy is not a process to get to the mere liquidation
When you’re related to the legal world, of course you should have a lawyer. There are many lawyers, but not all of them have the quality they deserve. Nonetheless, there are still many right lawyer. It’s just that not many people know how to choose a lawyer.
If you are still undecided and hesitant to choose the best lawyer for you, it helps you to try the following tips:
- Finding a lawyer through on the recommendation.
This method is proven results, based recommendation either from relatives, friends, or coworkers they provide recommendations based on experience already happened success.
- Find out the background or experience in defense
Do not just choose a lawyer, it helps you find out about the background, such as education, how they manage the practice of theory previously described, and work experience to resolve the case.
You can judge a lawyer can not manage their own business properly which is a sign that certainly would not be able to assist you in resolving the case well.
Lawyers are professionals and already have a lot of experience will publish his profile in various media, both print and electronic. As James P. Hoffman in the state of Iowa who publish profile and organization on the website. You can search for information and to arrange a meeting or consultation on the website.
- Looking rates and local attorneys
Find information about the rental tariff attorney services, especially to those who have recently used the services of a lawyer. Look for resources from some of the lawyers so that you can compare them. Be careful not to be fooled by the rental tariff lawyer, to make sure the cost of legal services listed complete written price details.
- Set the initial meeting
Set the schedule for an initial meeting with your prospective lawyer, and please you assess its potential, take advantage of a consultation on this initial meeting to convince you on your attorney candidate, usually the initial consultation is absolutely free of charge.
Do not waste – waste this first meeting, ask difficult questions related to the problems you face, the list of clients who’ve handled, and what are the cases ever handled, and how the results. This will increase your confidence in choosing your attorney candidates
- Honesty and caring
A good lawyer never hesitate to push the contract with the client in order to clear the rights and obligations of each. Lawyers who cares is a lawyer who is able to explain their duties to their clients.
The task client entered into evidence and the financing of a case. While lawyers are trying to take care of the case or assisting the suspect.
People charged with a crime that might lead to imprisonment, who cannot afford a lawyer, are guaranteed by the U.S. Constitution to receive free legal counsel. People in this situation should request the appointment of a lawyer when they first appear in court. Legal aid programs are available to help those who need legal help but cannot afford to pay for the services of an attorney.
In non-criminal or “civil” cases, a person does not have the right to a free lawyer. However, there are many legal aid and pro bono programs, which can provide them with legal help at no charge. Individuals or families with annual incomes below the federal poverty guidelines are generally eligible to receive free legal assistance. In addition, people who are elderly, disabled, the victims of domestic violence, enlisted in the military, or who are in other special circumstances, may be eligible for help, regardless of their income.
When determining whether or not to accept a case, free legal service providers consider several factors. The most important of which are legal matters that impact:
- A household’s ability to meet its basic human needs for protection from violence and abuse
- Access to medical assistance
- Subsistence income
Some of the cases commonly accepted for more extensive legal representation include:
- Domestic Violence Orders of Protection (when legal representation is needed)
- Denials/terminations of Supplemental Security Income (SSI) benefits
- Financial exploitation or abuse of the elderly or persons with disabilities
- Problems associated with nursing home care or paying for nursing home care
Legal aid offices employ staff lawyers to provide help to low-income clients. The lawyers are usually experienced in the types of problems that poor clients often encounter. In addition, there are community-based programs that provide legal assistance. Some of these operate with small budgets and do not have the resources to serve all eligible people. Therefore, they may turn away some applicants.
Federally-funded organizations in Illinois which provide free legal services to the poor are:
1. Land of Lincoln Legal Assistance Foundation http://www.lollaf.org/ 618.462.0029; 800.642.5570, serving the southern half of Illinois
2. Prairie State Legal Services http://www.pslegal.org/ 815.965.2134, serving the northern half of the state except Cook County
3. Legal Assistance Foundation of Metropolitan Chicago http://www.lafchicago.org/ 312.341.1070, serving Cook County
Those unable to obtain assistance from a legal aid office can turn to the pro bono programs that are often sponsored by local bar associations, where lawyers in private practice volunteer to take on cases free of charge for those who cannot afford to pay. Most legal aid offices make referrals to pro bono lawyers.
Source : http://www.illinoislawyerfinder.com