Wednesday, 29 October 2014

What are the traits of the best lawyer that you can hire for a case?

Choosing a lawyer is not a difficult task especially because there are a number of professional lawyers out there, who specialize in solving various cases. However, it is a must that you need to pick and choose the best of them to solve your case aptly. Here are some of the traits that most of the top lawyers have. Go through them to take an informed decision:
  • Well qualified: The top lawyers need to be well-qualified, preferably from the topmost law schools in the state or at least should have been great practitioners in the State. You can ask to review their practice history, testimonials and references from their past clientele to affirm this point. Glenn Duker is one of the qualified lawyers, whom you can have faith in.
  • Success ratio: It is a given fact that the best lawyers will also have a successful track record. For instance, Glen Duker lawyer is known for his great success ratio. This doesn’t however mean that the lawyer has not lost a case in the entire course of time but that how successfully has he or she managed the cases.
  • Great communication: Another trademark of the top lawyers is that they are great communicators. They have clarity in their thoughts and speech and use them in the court cases as well as when discussing the various aspects of the case with the clients. Glen Duker solicitor is one such lawyer, who is known for his communicating style.

These are some of the points or you can say, traits of the topmost lawyers that you can hire. Visit - to hire one of the best lawyers for your case.

Monday, 20 October 2014

4 habits of highly effective lawyers that you must know about

Lawyers are professionals, who need to be chosen wisely because more often than not, it is they who win or lose a case. No wonder, people look forward to leading lawyers such as Glenn Duker as they are well-known and offer the best advice to their clients. So, what exactly are the habits of these highly effective lawyers? Let us take a look at some of the pointers to know more. 
  1. The first habit is that they have exceptional analytical skills. Since a Glen Duker lawyer or any other solicitor needs to go through huge amounts of data at a time, they should really have the skills to thoroughly understand the same and make sense of it.
  2. The next is that they should be able to come up with innovative solutions at each and every step for their clientele. This is important because then they will be able to resolve all sorts of problems with their wits.
  3. Having a knack for research and an eye for detail is yet another habit of successful lawyers such as Glen Duker. It is a part and parcel of their job and they need to master the same in order to offer sound advice to their clientele.
  4. Great interpersonal skills are another prerequisite of highly effective lawyers like Glen Duker solicitor. They should be able to build trusting and long-lasting relationships with their clients. The same holds true for having effective public speaking skills.

These are four of the habits that more or less all the best and effective lawyers have. Keep watching this space for more information on similar topics. And to hire the best lawyer or solicitor, visit -

Sunday, 19 October 2014

The Defendant VS the Media with Glenn Duker, Lawyer

You’d be living under a rock if you hadn’t heard about the ASADA driven peptides investigation that rocked the Australian sporting landscape, dragging two marquee clubs in two different codes through a media hell-storm. Regardless of who’s to blame, there’s one thing you simply cannot do without in tough situations like these – a reliable, experienced lawyer and solicitor like Glenn Duker.

This has obviously been a high-profile case in Melbourne and throughout Australia – even registering a blip worldwide at one point! Positions like this can be extremely difficult for defendants and the prosecution alike. How do you let the facts speak for themselves when such an enormous contingent of the media is feasting off every theory, every fabricated truth and any vague hint of information? Every legal situation is different, and there’s no easy answer.

The best way to attack such a situation is by employing the services of the best legal team you can find. A reputable lawyer and solicitor, such as Glenn Duker, will be your first line of defence in both the court of law, and the court of public opinion.

If you think about the Essendon Football Club and the Cronulla Sharks, we may never know what those players were injected with – and yet the public perception is extremely negative. That’s the power of the media. We present a united team. There’s no point splintering into factions, all it will do is weaken you resolve and severely weaken your defence.  A reputable lawyer will help you combat this if you ever find yourself embroiled in a high-profile lawsuit. In a perfect world, you won’t find yourself in need of such services. Though as we know, these incidents can occur at any time. It’s best to stay protected!

Friday, 17 October 2014

Trademark Law and the Batmobile with Glenn Duker, Lawye

The intricacies of trademark law can be a headache, that’s why it’s always a good idea to have a lawyer and solicitor like Glenn Duker in your corner – for experience and sound advice.

At what point is a car no longer a mere car? When does it become a character? Apparently the Batmobile has entered such rarefied air with a recent ruling in California. A judge decreed that the owner of a specialty, custom-made Batmobile garage was infringing upon the rights of Warner Bros. by creating a series of replica vehicles.

The judge insisted that the Batmobile was indeed, “a copyright character that exists in both two and three dimensional forms,” he added that the, “defendant did not copy the design of a mere car; he copied the Batmobile character”.

This case is an invaluable example of a product, or vehicle, transcending regular copyright law and becoming intrinsically linked with its fictional source material. The car itself has enjoyed a long history; debuting in comic books in 1941, on television screens in the 60’s, and became a pop culture icon in Tim Burton’s 1989 big screen version.

The defendant argued exercising caution in granting such unprecedented rights to a vehicle. The argument being - what’s to stop rival car manufacturers such Toyota, Honda and Ferrari from producing a series of comic books in an attempt to copyright certain styles of their own vehicles? The judge confirmed his stance, stating that it had been a ‘character’ across several platforms for a very long time.

Also in favour of Warner Bros. is the implication that, as they own the rights, they may one day wish to expand their business to the manufacture and sale of replica Batmobile vehicles. All in all, it was a bad day for the Californian garage owner.

If you have an idea that may potentially step on the toes of trademark and copyright law, be sure to sound out the experience of a lawyer and solicitor like Glenn Duker – someone you can trust.

Wednesday, 15 October 2014

Unsafe Work Claims and Managing Hazards with Glenn Duker, Solicitor and Lawyer

The health and safety of your employees is paramount in the workplace. No matter what industry you’re in, industrial action could become an issue when your employees take action against their working conditions. These include wages, hours of work, health and safety policies, or any other factors that affect the worker. There are certain steps to take when you receive complaints that their tasks are unsafe to perform and Glenn Duker, solicitor and lawyer, can offer expert advice.

If there is a safety risk complaint, you need to identify the hazard and assess the risk it poses and subsequently take steps to eliminate it. If, however, the hazard cannot be controlled, you must stop the process and consider alternatives.

Ensure that the worker is fully trained in their work procedures and you will be able to minimise the risks.
In the case that a union threatens industrial action because of a health and safety concern, it is imperative that you notify the union of the steps you have taken and engage them in any dispute resolution processes you take.

If the worker has a health and safety representative or if your workplace has a committee, they also need to be included in the dispute resolution process.

What does industrial action involve?

Industrial action can take the form of the following:
  • Strikes
  • Stop-work meetings
  • Picketing
  • Workers deliberately performing work slower than usual
  • Workers doing only the bare minimum
  • Workers refusing to perform certain duties
  • Employers refusing to allow staff to enter a workplace and perform their tasks (called a ‘lockout’)

To find out more about your rights in relation to industrial action, don’t hesitate to contact solicitor and lawyer, Glenn Duker.

Employer Obligations for End-of-Year Functions with Glenn Duker, Lawyer and Solicitor

It’s nearing that time of the year again. You are wrapping up for the year and hosting celebrations for your employees with events like the company Christmas party. Although it is a social function and no ‘work’ is being undertaken, the event still falls under standard employment law and health and safety practices. You still owe a duty of care to your employees and other guests, and you can be held liable for any incidents (e.g. sexual harassments, accidents, injuries etc.) that occur.

To ensure that all employees and guests are safe, be sure to make these preparations as advised by solicitor and lawyer, Glenn Duker:

Determine the kind of function

Different kinds of eventsexpose to a variety of risks. It is essential for you to identify the type of function you are hosting to assist in your pre-event preparations. Whether you’re hosting an elegant dinner or a sporting team awards night, you have to prepare for your events accordingly.

Do you need insurance?

Does your insurance policy cover the type of event you are planning? As it depends on the specific terms of your policy, there may be conditions that you are required to follow to have your event insured.

What about the venue?

The location of your function is important as you will be able to gauge if there are any hazards to consider. Different locations carry specific risks.

Ensure that your policies are up-to-date

It is advisable to ensure that your workplace policies, like bullying and sexual harassment are up to date. It is also important that your workers are aware that these policies will apply to their conduct at the function.

Emergency procedures

Ensure that your employees are aware of any emergency procedures and facilities. This includes the location of the first aid kit,evacuation and who the first-aider is, etc.

Travel arrangements

You might need to consider providing transport for your employees if alcohol is served at the function. You must always remind your employees to drink responsibility.

For more information on protecting your business and employees, contact Glenn Duker – solicitor and lawyer.

Advice from Glenn Duker, lawyer and solicitor, on how to lawfully request a criminal record check

It is understandable that when recruiting, you want to employ the most suitable candidate for the job. In some cases, reviewing a prospective employee’s criminal past is essential prior to hiring him/ her. There are certain things you must do when requesting a criminal record check legally.Glenn Duker, lawyer and solicitor, has years of experience and is well placed to guide you through the steps.

Make sure the conviction is relevant

A conviction should be relevant to the inherent requirements of the job before you ask for the prospective employee to disclose criminal record information.For example, it is fair to check for a criminal history of fraud if you are employing for the finance industry.This is so that a complaint against you can be avoided.

Collect the information with the candidate’s consent

You must explain to the candidate why the criminal check is necessary. For example, this could be in relation to the position, or the nature of your business. You should also advise the candidate what they are not required to disclose and obtain the candidate’s written consent. Following this, be sure to give the candidate an opportunity to respond and explain why their criminal record is not relevant to the job, if they do not wish to supply their criminal history.

Ensure the conviction is not spent

‘Spent’ means that the conviction no longer forms part of the person’s publically accessible criminal record, because a specified period of time has passed with no further convictions.
In all States and Territories other than Victoria and South Australia, it is illegal to discriminate against someone with a ‘spent conviction’.

Have a process in place to keep the information secure

You must take reasonable steps to protect the information from the below points:

  • Misuse
  • Loss
  • Unauthorised access
  • Modification
  • Disclosure
For more information on your obligations regarding obtaining a criminal legal check, don’t hesitate to get in touch with Glenn Duker, solicitor and lawyer.

Tuesday, 14 October 2014

Knowingwhen and how to request personal medical information from employees with Glenn Duker, solicitor

It is usually around this time of year when you find an increased number of employees calling in sick. This is generally acceptable as, under the Fair Work Act 2009,they are entitled to a paid sick leave when evidence was provided in the form of a medical certificate or statutory declaration to prove that they were unfit for work.

But what can you do if an employee refuses to give you a medical certificate, provides one that seems inauthentic, or does not provide you sufficient information? Glenn Duker, lawyer and solicitor, is an expert in these matters.

Generally, a one-off absence without a certificate is acceptable. However if you suspect that your employee was, in fact, fit for work, it is reasonable to request one. 

In the event that you suspect a forgery or are unconvinced of its accuracy, you can seek confirmation from the doctor who signed it. If the doctor confirms that the information is correct, it is best not to take the issue any further.

You are allowed to withhold pay for sick leave until you have been provided with verified confirmation for the absence. However, you cannot simply deny pay for sick leave because you don’t believe the evidence given by the employee to be true, and that they were unfit for work.

I would advise you to frame your request around a lawful reason if you are seeking further information on an employee’s health. For example, you need the information to develop measures that may help the employee perform their role satisfactorily etc.

For more detailed information on this topic or if you need any assistance at all, please don’t hesitate to contact solicitor and lawyer Glenn Duker, who will always be happy to help.

Monday, 13 October 2014

Ludicrous Litigation – A Reimbursement for Rats with Glenn Duker, Lawyer

In the quest for what is right in the world (or a large sum of money), there have been many amusing, or even down-right ridiculous, litigation cases in our time. Having a good legal representative on your side such as Glenn Duker, Lawyer, is what you need if you are going to pursue such claims. Fictional cases such as Seinfeld character, Cosmo Kramer suing a coffee company after spilling hot coffee on himself are actually tame in comparison to some of the real life cases that crop up these days. Today we are going to discuss a bold claim from American citizen, Austin Aitken after watching an episode of the reality show Fear Factor.

Austin was gearing up for a night of wholesome entertainment, watching one of his favourite reality shows. Little did he know of the ordeal he was about to put himself through. While previous episodes often featured contestants eating creepy crawlies and other squirmy things such as live earthworms, Austin believed this latest instalment crossed the line.

In this episode, contestants were given the opportunity to drink a thick rat milkshake consisting of 100% ground up rat. Austin claimed that the scene was so disgusting that it affected his health. After watching the episode (which he was unable to turn off because it was too quick), he became disoriented and smashed into his door, causing serious injury.

"These networks are going too far, period. They need to check themselves, clean up their own acts".
The case was thrown out.

Glenn Duker, Solicitor deals with litigation cases for both defendants and plaintiffs. Call today.

The House, Car, Boat and Dog – Who gets what? With Glenn Duker, Lawyer

Determining a fair divorce settlement is a difficult process. The most important thing you need is a good divorce lawyer such as Glenn Duker, solicitor. If you can’t get to a lawyer right away, this article will give you a bit of insight into what the court will aim to do when determining a divorce settlement.

The court will determine the marital net worth,which are the combined assets and liabilities of the couple. You will need to access and prepare everything including assets, gross income of spouses, debt, tax returns, 3 years’ income tax, joint accounts, insurance policies, and business records that both spouses are invested in.

Of course it is the aim of the court to divide the couple’s assets fairly between them. But what is fair?

Couple A

Spouse 1 has a well paying job and has been the breadwinner in this relationship. Spouse 2 is a stay at home parent and has spent the majority of their time at home looking after the kids and maintaining the house. In this case, splitting the assets 50/50 will not result in a fair settlement as Spouse 2 does not have any work experience, qualifications, will struggle to get a job as a middle aged person, and requires more money to look after the children. In this case, the split of the assets needs to ensure that both couples are comfortable in the future.

Couple B

Spouse 1 has a well paying job and is the breadwinner. Spouse 2 was caught cheating on Spouse 1. Spouse 1 will argue that due to Spouse 2’s lack of commitment in the relationship, they should not deserve any of Spouse 1’s assets. This is a similar scenario to breaking a business contract.


There is no clear cut answer for what the couples in the above cases will receive. Each individual case is up to the discretion of the court. This ambiguity makes it more and more important to have a good legal representative on your side, such as Glenn Duker, lawyer. For more information, contact the Glenn Duker office today.

Unfair or Unlawful Dismissal in the Workplace –Know your Rights, with Glenn Duker, Solicitor

Do you feel you have been unfairly or unlawfully dismissed in the workplace? Glenn Duker, solicitor is here to provide you with the help that you need. This following will provide you with some useful informationto help you determine whether to pursue your case.

Unfair dismissal

According to the Fair Work Commission, a person has been unfairly dismissed when the dismissal is considered to be harsh, unjust, or unreasonable. It is also unfair when the dismissal is not consistent with the Small Business Fair Dismissal Code, and the dismissal is not a case of genuine redundancy.

Do you believe your dismissal was harsh, unjust, or unreasonable? Please ask yourself the following to determine whether this was the case.
  • Was there a valid reason for dismissal related to your capacity or conduct?
  • Were you notified of a reason and given an opportunity to respond?
  • Did your employer refuse to allow you to have a support person (such as a lawyer), assisting in any discussion relating to your dismissal?
  • If your dismissal was related to unsatisfactory performance, were you warned of this before the dismissal?
You are eligible to apply for unfair dismissal if you have completed the minimum employment period.  This is one year for a small business and six months when the business is larger. In addition, either an award must cover you, an enterprise agreement must apply to you, and your annual earnings must be less than the high income threshold.

Unlawful dismissal

Unlawful dismissal includes being dismissed for the following reasons: your race, colour, sex, sexual preference, age, disability, family responsibilities, religion, political opinion, illness, union membership, participation in union activities, maternity or parental leave, or filing a complaint against the employer.

If you believe you have experienced unlawful dismissal, please contact Glenn Duker, lawyer, or the Fair Work Ombudsman.

Sunday, 12 October 2014

Lucasfilm: A Galactic Take Over, Dissected by Glenn Duker, Lawyer and Business Sales Expert

The Glenn Duker Solicitors office is often involved in business sales, so we are always interested when big businesses are sold around the globe. One of the more publicised and talked about takeovers in recent times is the Disney acquisitionof Lucasfilm. Robert Iger (CEO) announced that Disney would be making the purchase for a whopping $4.3 Billion. This includes the Star Wars franchise, their special effects house (Industrial Light & Magic), Skywalker Sound, and LucasArts.

The franchise rights were originally owned by creator, George Lucas. Early in his career, Lucas had a bad experience with his independent films, where both were recut before release. After learning his lesson, Lucas turned down a $500,000 fee to direct Star Wars: Episode IV. Instead he accepted $50,000 and the right to all sequels. A multi-billion dollar franchise followed, and now who’s smiling?

Now after 6 feature films, several series’, video games, theme park rides, toys and other merchandise, Lucas has decided to pass on the baton (or light sabre). The deal will still give Lucas the final say on any of the next films but this is a major step down from his involvement over the past 36 years.

The sale of Lucasfilm is a great example of just how much is involved in large business deals, and how much information has to be transferred over. The Star Wars universe has been maintained in a database called the Holocron, which lists over 17,000 characters, a few thousand planets, and more than 20,000 years of history. As this was quite a bit for Disney to digest, the sale of the company came with a guide, Pablo Hidalgo, a founding member of the Star Wars Fan Boy Association. Hidalgo now works at Lucasfilm as the Brand Communication Manager and has the job of keeping all things accurate in the Star Wars world.

For advice on selling or buying a business, please contact Glenn Duker, Lawyer.

Glenn Duker, Lawyer and Solicitor, on What Happens to Your Social Media after Death

Today, an increasing amount of our lives is being lived online. This includes financial assets such as shares and savings accounts, but also a vast amount of the “social currency” that we spend as well. Things like photographs, conversations, memories, and even more intangible aspects of what makes up our identity are shared and stored online.

What many of us don’t stop to consider is that our digital presence often has a greater longevity than we do. What do we want to happen to our social media accounts once we’re gone? Glenn Duker, lawyer and solicitor, is perfectly suited to help you decide.

Privacy laws dictate that electronics companies aren’t allowed to disclose content without its owner’s consent or a government order, such as a police investigation. This means that bereaved families can’t force these corporations to let them enter these specific accounts or view the deceased’s data. Seems crazy, right? Most people give little to no thought of such things, until it’s too late.

When you sign up to use a digital service, this is part of your user agreement (for most people, the box marked “I agree” that we tick without reading the contract behind it). If users want anyone to be able to use or access their accounts once they’ve passed on, they need to provide consent and account information in their estate plans.

If you want to incorporate your digital data into your existing will, or need to draw up a new one, Glenn Duker, lawyer and solicitor, will guide you through these and other issues.

Friday, 10 October 2014

Wills & Estates – Glenn Duker, Solicitor and Lawyer, Discusses Digital Property

The purpose of a will is to distribute your property to your chosen beneficiaries when you pass away. We tend to think of property as tangible – even shares are represented on paper as certificates. But in our brave new world, property can take on an even more ethereal form; namely the endless procession of zeroes and ones that makes up binary code. Welcome to the 21st century, and digital property. Trust an experienced guide like Glenn Duker, lawyer, to help you protect your assets.

This issue made big headlines a couple of years ago when British paper the Daily Mail reported that Hollywood actor Bruce Willis was gearing up for a fight with Apple. Willis, the story went, wanted to bequeath his iTunes music collection to his daughters. But when he found out Apple’s terms of use prohibited this, he prepared to mount a legal battle against the company to claim what was rightfully his.

Though CNN colourfully stated that “Bruce Willis has vanquished terrorists, basement rapists and the defences of Cybill Shepherd,but in his three decades in Hollywood he may not have faced as daunting an opponent as Apple,” the story turned out to be apocryphal.  The issues it raises, however, are not.

Many of us hold quite significant assets – whether it’s photos, music, books or money – on digital platforms. A lot of us may not even consider the value of our collections, until we lose our laptop or smartphone. Online savings accounts, which often have no “paper trail” at all, can become lost post mortem if no-one but the account holder knew of their existence.

These days, digital assets can be quite a significant part of a person’s estate. Glenn Duker, solicitor and lawyer, can provide helpful advice on how to keep up with the times and include digital property in your new or updated will.

Glenn Duker, Lawyer and Solicitor, Discusses Sublease Issues

Commercial leases are often expensive and tie you into a daunting long-term commitment. This can be prohibitive, especially for smaller businesses. Sub-leasing can represent a solution, as long as it’s carefully organized and documented. This is where the experience of Glenn Duker, lawyer and solicitor, can come in handy.

Subleasing is the lease of all or a portion of premises by a tenant who has themselves leased them from the owner. Some agreements expressly prohibit this, or at least require permission from the owner first;don’t ever agree to a sublease before you are sure of conditions of the original lease agreement. If you are the original tenantintending to organize a sublease, keep it firmly in mind that you’re still responsible to make rent payment to the owner through the term of the original document.It’s so important to make sure you have adequate protections in place to cover you if things go pear-shaped!

Sub-leasing can be a boon not only to boutique businesses, but also to larger companies that find themselves with surplus space thanks to restructuring. In this situation, sub-leasing can offer a more (cash-flow) positive alternative to writing off the costs of vacant capacity, but it can also be complicated.

Some possible drawbacks that should be considered before entering into a sub-lease:
  • This rental arrangement often means you have less control over the way you can use the space, thanks to the conditions of the original document. This may inhibit how you can present and brand your business.
  • Any negotiations may become a three-way (at least) affair between you, the sub-lessee, and the original owner.
  • Make sure you are very aware of what your sub-lessor’s business is and be sure that it won’t interfere or clash with your own.

For further advice on these issues, contact Glenn Duker, lawyer and solicitor.