Tuesday, 26 May 2015

Commercial litigation -Expert advice from Mr glenn duker

The term- commercial litigation covers many aspects of business. Mostly it covers any type commercial disputes within a commercial situation. It may include breaching the contract, fraud and illegal business practices and professional negligence. Glenn Duker, who practices in melbourne enlightens about commercial litigation and gives his valuable inputs about the matter.

Glenn Duker

Here are some excerpts from the glen duker, solicitor from melbourne.

It is very important to understand the problem in earlier stage. Sometimes, things do not seem danger than they actually are.
  • Hiring a professional and expert lawyer who possesses expertise in this matter is very critical at this stage. Remember you cannot take steps on your own in commercial litigation matter.
  • An advantage of hiring commercial litigation expert lawyers is that they understand how these law proceedings will affect your business.
  • In many cases, a solicitor has successfully resolved disputes without going for legal proceedings. This will help to save your reputation and continuing the business functions without any interruption

You can visit http://www.gpdlawyer.com.au/ to hire glenn duker for commercial litigation.

Friday, 22 May 2015

Tips for Finding the Right Family Lawyer

If you’re in need of legal assistance for a matter involving family law, it’s important to choose a trusted lawyer who will bring a wealth of experience and knowledge to your case. Here are several tips to aid you in your search.
Glenn Duker

Look for a lawyer who specialises in family law

Whether you’re dealing with a divorce, the drawing up of a will, or another family matter, you’ll want a lawyer who has a sufficient working knowledge of family law, such as professional lawyer Glenn Duker. By hiring a lawyer who specialises in family law, you can ensure you’re choosing the right professional for your specific needs. 

Conduct a phone interview with all candidates

After your initial search, you may be unsure how to narrow down your options. A fantastic way of achieving this is through calling them up and asking them relevant questions. Conducting a quick phone interview with all shortlisted lawyers can help you to narrow down the list and settle on the one who’s best suited to your case.

Choose a lawyer you feel comfortable with

Because family law often deals with matters that are very personal and involving, it’s recommended to choose a lawyer you feel at ease with. This ensures you’ll feel comfortable enough to discuss everything relating to your case in full detail without any fear or anxiety.

Whatever your family law needs entail, you can trust Glenn Duker to provide friendly, expert advice and assistance. Get in touch today to learn more.

Legal Woes for Voltage Pictures

After making the news for aggressively pursuing illegal Australian downloaders (see Glenn Duker’s previous post, Intellectual Property in the Digital Information Age), Voltage Pictures – the company behind Dallas Buyer’s Club – is again making headlines for legal reasons. This time, however, instead of suing for copyright infringement, they’re being sued themselves by another film company – for copyright infringement.

Glenn Duker
The Japanese owners of the rights to Godzilla claim that Voltage Pictures is advertising and selling a film that features strong parallels to the original story of the giant lizard without seeking permission first. “That anyone would engage in such blatant infringement of another’s intellectual property is wrong enough,” the lawsuit states. It goes on to mention the “outrageous” behaviour from a company that is known for “zealously protecting their own copyrights”.

While the irony of the situation is apparent, these recent lawsuits surrounding copyright infringement highlight the ever increasing relevance and importance of intellectual property. If you require assistance with matters of IP, get in touch with professional lawyer Glenn Duker today. Whether you’re being accused of copyright infringement or you need to protect your own property, Glenn can provide useful advice and assistance. 

What Do You Think?

If you have your own thoughts on this legal matter, feel free to post below and join in on the discussion.

The Importance of Public Liability Insurance

If you own a small business, public liability insurance is a crucial necessity. Not only can it cover all your liabilities – such as property damage – but it can also help to cover legal bills involving claims against you.
Experienced lawyer Glenn Duker recommends that any business visited by members of the public – including doctors, hairdressers, gyms and even home based businesses – should hold public liability insurance, protecting them from incurring significant financial costs if an unforseen incident occurs. 

Glenn Duker

Protection & Peace of Mind

If the worst happens, and a claim is brought against your business, public liability insurance can cover the cost of damages to the third party, the costs of defending the claim, and other related legal expenses. This provides ultimate peace of mind that your business will be prepared in case of an unfavourable outcome.

There are a wide range of different policies available, so it’s essential to consider the size of your business, the number of staff you employ, and your business’s job function to ensure you obtain the best policy for your needs. 

If you’re in need of further expert legal advice or assistance for your small business, get in touch with Glenn Duker today.

US Woman Awarded $82M after “Malicious Prosecution” by Debt Collector

A US woman has been awarded over $82,990,000 in punitive damages after being wrongfully pursued by a debt collector for a bill she didn’t owe. The debt collection agency, Portfolio Recovery Associates LLC, was found guilty of violating the Fair Debt Collection Practices Act after maliciously prosecuting Maria Guadalupe Mejia for a $1,000 credit card bill that belonged to someone else.

Glenn Duker

Mejia was sued for the debt in February 2013, after which she was wrongfully pursued for 15 months. The real debtor was a man who had a similar name to Mejia.

A spokesman for Portfolio Recovery Associates stated “this outlandish verdict defies all common sense… a verdict of this size is not justice by any means”.

Glenn Duker’s Opinion

As an experienced lawyer, Glenn Duker agrees that the awarded amount is exorbitant, but believes that Mejia is entitled to punitive damages after enduring the pursuit of the debt agency. He also recommends some top tips to help others avoid a similar situation. Firstly, if you’re being pursued by a debt collector, it’s crucial to get the collector to validate the debt in writing. Secondly, you should make sure you don’t end up paying for a debt that isn’t yours. Finally, you need to ensure that the wrongfully attributed debt isn’t going hurt your credit rating. 

If you need legal help or representation, solicitor Glenn Duker has the experience and expertise to help. Get in touch today to gain access to expert knowledge and assistance. 

For more information visit today:- http://www.glenndukerbusinesslawyer.com.au/

How to Settle a Lease Dispute

If you’re currently embroiled in a residential or commercial lease dispute – whether you’re a tenant or a landlord – there’s no need to panic. Before you stress, take a deep breath and read this quick guide to settling a lease dispute, brought to you by lease lawyer Glenn Duker.

Glenn Duker

Attempt negotiation

The first step to take is to enter into negotiations with the other party. After all, communication is the key to resolving conflicts, and it’s quite possible that you could arrive at a peaceful resolution by simply talking through the issue together. If this isn’t enough, you’ll still be able to establish what each party’s wants and needs are in order to further understand how the dispute can be resolved. 

Agree to compromise

Sometimes, the only way to resolve a lease dispute is to agree to compromise. Maybe the other party is asking for something you’re reluctant to budge on – if this is the case, try to determine if there’s a way of meeting in the middle. For instance, if it’s a dispute over a proposed rental increase, the landlord could compromise by reducing the increase by an agreed amount. 

Bring in a lease lawyer

If all else fails, bringing in a lawyer who is well versed and experienced in lease matters can help to resolve even the most stubborn disputes. A professional lease lawyer such as solicitor Glenn Duker will provide useful advice and information to help resolve both big and small lease disputes, allowing you to reach a satisfying outcome. 

Visit Today:- http://www.glennduker.net.au/

What to Do When You’ve Been Served With Legal Documents

Completely confused about what you should do when served with legal documents? Lawyer and solicitor Glenn Duker provides a brief outline.

Glenn Duker

Whether you’ve been served a Complaint, a Statement of Claim or a Writ, it means that the issuing party (the plaintiff) seeks to initiate Court proceedings against you (the defendant). Claims can vary from simple issues like owing a debt to complex cases such as a defamation lawsuit.

Dispute the Claim

Litigation is the process of taking legal action and it begins once you have been served with legal documents. This means you must undertake a number of procedures within a certain timeframe. These include:
  • Engaging a lawyer to prepare the defence.
  • Filing your defence with the relevant court within 3 to 4 weeks. (The timeframe is dependent on the court.)
  • Serving a copy of the defence on the plaintiff during this time.
Preparing your own legal defence is possible, but it can be expensive and time-consuming if the documents you’ve prepared:
  • Lack the necessary information required
  • Do not comply with court rules
Also, a court defence requires strong knowledge of the relevant law, which is often complicated and tricky to navigate.

However, simply avoiding the issue altogether is not a good option, either – and can result in large fines or even prison! Being served papers is a serious matter, and should never be ignored. If you find yourself in this situation and are unsure what to do, contact experienced lawyer and solicitor Glenn Duker for quality legal assistance.

For more information visit today:- http://www.glenndukersolicitor.com.au/

Do Defamation Laws Apply To Online Reviews?

When choosing a restaurant or planning an overseas trip, many people will look to online reviews to guide their decisions. Websites like Urbanspoon, TripAdvisor and WOMO allow users to share their experiences at hotels, restaurants, spas and countless other businesses. Many users write in detail about their likes and dislikes, rating the service they received while providing advice they feel may be useful to potential customers. In a crowded marketplace, it’s no wonder that review sites like these are frequently consulted and can have a big influence on where people decide to take their business.
Glenn DukerBut what can you do if you find a scathing online review that is damaging to your business? Can you take the attacker to court for defamation? The simple answer is yes – but only if you are a small business with fewer than 10 employees. Lawyer and solicitor Glenn Duker explains.
Australian law allows small businesses to take action over malicious material posted to online review sites and business bad-mouthers can face thousands of dollars in penalties. In one extreme case, a NSW food critic for a major newspaper was ordered to pay more than $60,000 to a restaurant he reviewed poorly after a legal battle that spanned almost a decade.
However, it’s not necessarily an easy process: for a small business to be successful in a defamation case, it will need to be proven that the online review was not an honest opinion of the reviewer, or that review was maliciously produced with the express intention of damaging your business’ reputation.
If you find yourself in a circumstance like this and want to find out if you may have a legitimate case, get in touch with lawyer and solicitor Glenn Duker for professional advice.

Redundancy During Parental Leave - What You Need To Know

It’s plain and simple – sacking a woman because she is pregnant (or a man who is on parental leave) is against the law in Australia. However, employment law cases focused on this issue still occur. In these situations, many employers will try to disguise unlawful job terminations in a subtle way (e.g. company restructure) to avoid displaying the true motive. This is why you need to be aware of your legal rights to ensure you are protected. Lawyer and solicitor Glenn Duker provides a quick summary:
Glenn Duker
Under the Fair Work Act:
  • Employers cannot sack you for exercising a workplace right – in this case, taking maternity leave.
  • Employers cannot dismiss you due to family or carers' responsibilities.
  • Employers are required to discuss changes that affect an employee's pay and location of their position while they are on parental leave.
  • The Fair Work Act also includes a "return to work guarantee". This means that you are entitled to return to the same position you held before. If that particular position should cease to exist while you are on parental leave, you have a right to a position that is close in status and pay to your previous one.
Thankfully, if you’re considering taking action against your employer for sacking while on parental leave, it is now the employer’s responsibility to disprove the allegation for wrongful dismissal.
If you believe that your employer has unlawfully dismissed you because of pregnancy or parental responsibilities, give lawyer and solicitor Glenn Duker a call today for expert legal assistance.

Serving Divorce Papers on Facebook - Is This Possible?

Facebook – almost everyone uses it – many people use it religiously every day. But can Facebook be a platform for you to serve divorce papers? Lawyer and solicitor Glenn Duker takes a look.

Glenn Duker

The idea of serving divorce papers through Facebook seems peculiar; after all, Facebook is mostly used as a platform to share information, news, photos and light-hearted material like social events. A serious, and presumably quite personal, matter like serving divorce papers should be dealt with in a more ‘serious’ manner, shouldn’t it? You might be surprised! In the US, a Supreme Court judge recently ruled that a New York woman can serve divorce papers to her former partner via Facebook. This is also possible in Australia as well. 

Social Media – The Modern Means of Communication

In Australia, if one party avoids being served with divorce papers, a Family Court judge will look at other creative ways to notify them, including social media. This is called an Application for Substituted Service.

A lawyer is able to make an application to a judge explaining that one party has avoided being served papers, but are visibly active on Facebook or other social media sites such as Twitter and Instagram. If the judge is satisfied with the evidence provided that the person is regularly using social media, then an order could be made to serve the papers through these channels.

If you have any concern about locating your former partner to serve papers, please get in touch with lawyer and solicitor Glenn Duker for trusted legal advice and strategy at this difficult time.

For more information visit:- https://au.linkedin.com/in/glennduker

The Process of Divorce – What Can You Expect?

It is often a painful and difficult time when a relationship breaks down. For many couples, divorce becomes the only solution, but the idea of it can seem intimidating. Solicitor and lawyer Glenn Duker outlines what you can expect during the process.

Glenn Duker
Period of Separation

Firstly, the law in Australia requires that you and your partner be separated for at least 12 months before you can apply for a divorce. However, if you are separated but living under the same roof, or have lived together for any amount of time during the separation, there are additional requirements. It’s in situations like this that it’s often helpful to seek professional legal advice.

Preparing Your Application

Complete an application for divorce either by yourself or jointly with your former partner. This form is fairly straightforward and can be obtained from the Federal Circuit Court of Australia website. When you file for divorce (this means sending copies to the court), you will be charged a Court filing fee.

Your Divorce Hearing

It is mandatory to attend a divorce hearing if you have made the application for divorce by yourself, or if you and your former partner have children under the age of 18. However, if neither of these situations apply, you can choose to not attend. Divorce hearings are usually brief and can be attended by your lawyer on your behalf. The Registrar may ask you questions about the information in your application. In situations where young children are involved, they may also ask questions in regards to their arrangements, such as how the children are financially supported, which parent they primarily live with, and how often they spend time with the other parent.

Once the Registrar is satisfied with the grounds for divorce and the application is properly served on the other party, the court will grant the divorce and the order will become final one month and one day from the date of the hearing.

If you are in this situation and need more information or assistance, give lawyer and solicitor Glenn Duker a call.  He can provide trusted legal advice and support through the divorce process.

Wednesday, 20 May 2015

How To Use Social Media Without Losing Your Job

Social media can be a dangerous beast when it comes to your employment status. We all remember the case of Scott McIntyre, the former SBS soccer commentator who was fired after posting some controversial tweets on Anzac Day this year. There was a recent case of Texan woman Kaitlyn Walls who lost her job in a child care centre before she even started after posting on Facebook that she ‘hates working at day cares’ and that she ‘hates being around a lot of kids’. These days, the question has to be asked: how do you use social media and not risk your job? Employment lawyer Glenn Duker has some tips.

Treat social media as though anyone can see it 

Never forget that once something is on the internet it’s on there for good and that anyone could potentially see it. Some employers have been known to look up potential employees on social media to see whether their character is likely to fit the values and culture of the company, so if there’s anything you don’t necessarily want the public to see, either don’t post or upload it in the first place, or set your profile to private. And if you feel like having a rant about work on Facebook, stop and think about what you say and how you say it before you post anything. You just don’t know how it could come back to haunt you, especially if a friend knows someone who knows someone who knows your manager.

Read and abide by your workplace’s social media policy

A lot of workplaces are these days enforcing a social media policy that applies both during and outside of business hours. Businesses have a reputation to maintain, one that can be negatively affected by an employee’s use of social media, so they’ll often have a section in your contract of employment that explicitly addresses this. This is why you’ll typically see the phrase ‘opinions are mine and not those of my employer’ or a variation of it in the Twitter bio section of a media identity’s profile. It protects the organisation and places the responsibility of an account holder’s content solely on the author. Interestingly former SBS employee McIntyre’s Twitter account did not contain such a disclaimer; perhaps things may have played out differently if he had?

If you believe that you may have been unfairly dismissed from your work because of something posted on social media, or you wish to seek advice on other employment law matters, make an appointment with experienced solicitor Glenn Duker today.

Follow this link:;- http://www.glennduker.net.au/

The Differences Between Trademark and Copyright

We all know the terms trademark and copyright; after all, they appear on just about every product we buy, or on marketing materials for almost any service we use. But how many of us actually know the difference between the two? Or that there even are differences? As someone who specialises in the area of trademarks, Glenn Duker, solicitor, can explain.

What is a trademark?

A trademark is used to identify or represent a product or service offered by one business in a distinguishable way from a similar one offered by a competitor. The trademark can be anything from a name, logo or slogan, through to a distinctive colour or smell that consumers typically associate with the brand. Trademarks are applied for and registered through IP Australia, a national government body, and are not recognised officially or legally unless they are registered. A trademark can be owned indefinitely, as long as the registration is renewed every ten years.

What is a copyright? 

Like trademarks, copyright deals with the ownership of intellectual property. However it tends to be more for original ‘works’ that typically fall within the realm of the creative such as books, photographs, music compositions and plays. Unlike trademarks, copyright is automatically applied to the owner’s work and they don’t need to register it. People seeking to use another person’s copyrighted material should seek permission first to avoid infringement and the risk of hefty fines. Copyright typically lasts a lot longer than trademark ownership; for example, ownership rights on all works produced after January 2005 last the entire lifetime of their creator plus an additional 70 years.

Hope this clears things up for readers. If you need assistance in registering a trademark or arguing copyright infringement, get in touch with solicitor Glenn Duker today. 

A Brief History of Kramer in the Courtroom

It’s been 17 years since the television sitcom Seinfeld ended and we saw Jerry, George, Elaine and Cosmo Kramer thrown in jail for breaking the ‘Good Samaritan Law’ in the small town of Latham, Massachusetts. But it wasn’t Kramer’s first time in a courtroom. Together with his lawyer Jackie Chiles he was the plaintiff in a number of civil cases, so let’s take a walk down memory lane with lawyer Glenn Duker and revisit them.

Cosmo Kramer vs The Coffee Company

Kramer sneaks a cafe latte into a dark movie theatre. As he tries to shuffle past sitting patrons, he spills his coffee and wouldn’t you know it, it’s too hot. He meets litigator Jackie Chiles who files a lawsuit against the coffee company, a reference to a real life 1994 case in which a McDonalds customer sued the restaurant for making a coffee that was ‘too hot’. However before Chiles is able to settle on a tidy dollar figure for his client, Kramer jumps in ahead of him and accepts a deal for free coffee for a lifetime.

Cosmo Kramer vs Sue-Ellen Mischke

When Kramer spots Elaine’s old nemesis Sue-Ellen Mischke walking the streets of New York wearing a bra as a top, he has a car accident which causes an injury that affects his golf game. He calls upon Chiles again, this time to sue Mischke for personal injury, and given that she is an heiress to a candy bar fortune they expect the $$$ payout to be substantial. But then… Kramer takes advice from his golf caddy who suggests that Mischke try the bra on in court. Despite his lawyer’s protests, Kramer insists she put the bra on. Of course, it doesn’t fit over her clothes (“if it doesn’t fit you must acquit”) and Kramer loses the case. 

Cosmo Kramer vs “Big Tobacco”

After Kramer decides to turn his apartment into a smoking lounge for himself and his friends, he emerges four days later looking noticeably aged and ‘disfigured’. Once again, Kramer turns to his lawyer Chiles who files a lawsuit against the tobacco companies. Unbeknownst to Jackie, Kramer ends up settling out of court when he’s offered the chance to become the public face of the company on their billboards. It would be the last time Jackie represented Kramer until the series finale. 

In real life, civil court cases aren’t a lot of fun, but they are sometimes necessary all the same. When you need an experienced litigator with the know-how to provide qualified, worthwhile legal advice, call on the expertise of Glenn Duker, solicitor in Melbourne and make the experience as stress free as possible.

For more information visit today :- http://www.glennduker.net.au/

At What Age Should I Write My Will?

Writing a will - not exactly something many of us are particularly keen to do, because in doing so we recognise that at some point we’ll no longer be on this earth. Nonetheless, a will is an important document, and one we should all write. But when is the right time? That is the question that specialist will lawyer Glenn Duker will address here.

Let’s start answering this question by looking at it from the opposite end – what happens if you don’t have a will when you die? Simply put, if you pass away without having written a will you will be considered to have died intestate. This is not to be confused with interstate; it means you’ve ‘crossed over’ and, without appropriate legal documentation, the state appoints an administrator to make the decisions regarding the allocation of your assets through a process that is known as probate. This can be a particularly stressful experience for some families as the outcome might not always be to everyone’s satisfaction.

So…. What age?

To answer the question, there really is no specific age. In Australia, you do need to be over 18 years of age, which is the only real restriction, but after that it comes down to the value of the assets you have and whether you have anyone you particularly want (or don’t want) to leave them to. Obviously as you get older and you accumulate more assets the need for a will is likely to be greater, but a younger person with their own home, a car and a healthy bank balance might also want to get their will sorted just in case something unexpected happens. The presence of a partner or children can factor in this decision as well. Ideally it’s better to have your will written sooner rather than later, especially as you can update it as your life circumstances change.
For more information on wills and probate, like how to appoint an executor or to ensure your will is less likely to be legally challenged, make an appointment with solicitor Glenn Duker today.

Unusual Trademarks

We’ve all seen the familiar trademark symbol, usually at the end of a product or company name, indicating a business’ or person’s exclusive right to use a name, phrase or a logo to sell their product or service. The world famous ‘golden arches’, for example, were trademarked by McDonalds long ago, while Woolworths are the legal rights holders to the slogan ‘the fresh food people’. If another organisation used that phrase to market their company, they’d face legal action from a specialist trademark lawyer like Glenn Duker.

But did you know that trademark opportunities extend far beyond simple words, names and logos? Let’s take a look at some of the more unexpected things you can potentially trademark. 

Colour trademark

If you can put forward a good case that people instinctively associate a particular colour with your brand, you could potentially trademark that colour and preclude other companies from using it in their marketing. Cadburys, for example, has trademarked the shade of purple used in their chocolate packaging - no other company, whether they’re a direct competitor or not, can use that particular shade. (Cadbury’s wanted to trademark the colour purple in general, but were unable to.) Typically though, it’s difficult to register a trademark for a single colour; however registering a combination of colours is generally easier.

Shape trademark

It’s also possible to register a trademark for a shape. The shape has to be distinctive; it has to be three dimensional, and like the aforementioned colour trademark, needs to be easily associated with the particular brand. Well known shapes that have been trademarked include the classic Coca Cola bottle (said to have been modelled on the image of a curvaceous woman) and the triangular packaging of the Toblerone chocolate bar.

Scent trademark

Difficult to register, but possible nevertheless, is the scent trademark. However, an isolated scent by itself cannot be trademarked; it must be used in association with a particular product or service to differentiate it from a competitor’s goods and services. The first instance of a trademarked scent was in the United States in 1990 when a distinctive scent was added to a type of sewing thread.

There are many other different types of trademarks you could try and register, including sounds and movements. For more details read the information on the Australian Government’s website. If you would like to register a trademark with the assistance of a specialist in the area, make an appointment with solicitor Glenn Duker today.

For more information :- http://www.glennduker.net.au/

What Happens If You’re Selected For Jury Duty?

Some people go through life never getting the chance to experience it, while others end up doing it on more than one occasion. I’m talking about jury duty. It’s either something you can’t wait to do, or can’t bear the thought of. This blog from solicitor Glenn Duker briefly outlines what happens if you’re called up for jury duty in Victoria.

The summons

You’ll receive a letter from the Juries Commissioner requesting you appear for jury service on a specific date at a specific time. We suggest you mark the date off in your calendar, whether it’s on your fridge or your phone, alert your employer to the fact that you might be required on that day, and keep the letter in a safe place. You’ll need to refer to it the afternoon before your nominated day comes around. After 16:30 the day before you can call the number on the letter or visit the website to see if you will actually be required the next morning. You might find that your jury duty requirements have been deferred or even cancelled.

Jury selection day

If you are required the next morning, you’ll congregate with other members of the jury pool where you wait to see if you are selected in the jury ballot. If chosen, you’ll be taken to the courtroom. If not, you might be selected for another case that day. Those who are taken to the courtroom are provided with all the essential information of the trial.

It is at this point that jurors can apply to be excused from the trial. Only legitimately good reasons are considered, such as being related to someone involved in the case. The jury is then selected, with 12-15 appearing for a criminal trial and 6-8 for a civil trial. However, even at this stage there is no guarantee you’ll remain on the jury. A defence or prosecution lawyer can request that particular jurors be stood aside from the case without needing to give a reason. That juror is then no longer required. 

If you get through unchallenged and end up sitting on the jury you will be made to take an oath that you will take your obligation seriously. If you’re stood down from one case, you might be picked up for the next.
Lawyer Glenn Duker specialises in a wide range of fields including litigation, conveyancing and employment law among many others. If you wish to seek his legal expertise in Melbourne do not hesitate to make an appointment.

For more information visit :- http://www.glenndukersolicitor.com.au/

What Do You Do When You Have Bad Tenants?

Many people get into property investment thinking it sounds like a no-brainer – with the Melbourne population increasing every year and house prices rocketing, it seems that once you’ve got the property, there’s no way you can lose.

However, the reality of being a landlord is often much more difficult than people realise. As a practicing lawyer and solicitor, Glenn Duker has seen his fair share of people who have found this out the hard way! In spite of the property market, there is always the possibility your property may be vacant for a certain amount of time each year. Necessary repairs can take up more time and money than you expect. And then there is the worst case scenario, the nightmare tenant: disrupting the neighbours, destroying your property, and not paying the rent. If you end up in this situation, dealing with the problem can be much harder than you expected. Even worse, if the process goes wrong, the resulting dispute can end up in front of tribunals or the court, dragging on for a long time and costing a lot of money.

The bottom line is that once you get such tenants, there’s really no way out without taking a loss of some kind. There is a due process landlords must follow which takes at least 4 weeks, in which time the cost of unpaid rent and property damage can really mount up. If you evict tenants forcefully without following this process, you can be charged a fine of up to $20,000.

To avoid this situation, you should be very thorough with your screening processes before pen is put to paper on the contract. Check the National Tenancy Database, run background checks, and always ring references and check these numbers if you can. If you still end up with a problem, act promptly, be tough, and get the proper processes underway as quickly as possible.

If you need professional legal advice or assistance with a tenancy problem, you can trust Glenn Duker, lawyer and solicitor, to help.

For more information visit :- http://lawbiznews.com.au/

You’re Fired!: How Employers Can Protect Themselves from Claims of Unfair Dismissal

Employment law in Australia provides workers with strong protections, which is good news for those on the labour end. But many employers have found that ridding themselves of workers whose performance is less than ideal can be surprisingly difficult. Glenn Duker, solicitor and lawyer, looks at some things bosses can do to protect themselves from costly cases of unfair dismissal. 

Follow due process

It’s the fourth time this week that your employee is late for work, and you’ve had enough – they’re fired! But first, there are some things you need to consider: has the worker been previously warned about this behaviour? Is lateness documented in your workplace policy as a serious offence? It’s understandable that it’s irksome and affects productivity, but unfortunately that in itself isn’t enough to warrant an instant dismissal – such an outcome is something that has to be built up to over time, and with stringent documentation.

Communication and documentation

That brings us to the next point. Perhaps you’re unhappy with your employee’s performance – but if you haven’t actually made that clear to them, it’s not grounds for dismissal. After all, workers don’t have a chance to change a practice or behaviour if they don’t know there’s a problem. If you have a complaint against an employee – especially if you feel it may impact on the safety of their job – you need to let them know exactly what the problem is and how you want them to address it. You must also keep records of any such conversations that have taken place between you, and of the results.

Have a social media policy

In these days of social media and constant over-share, things may be said by employees that don’t gibe with the values of their workplace – or they might even make direct comments about their bosses or workmates. However, if you haven’t addressed social media usage in your workplace policy, it’s possible that there’s not a lot you can do about it. Many businesses overlook the implications of social media, but in today’s technologically advanced society, this can be a mistake.

Employment law is an area that can be controversial and tricky to navigate. If you find yourself in strife with an employee, Glenn Duker, lawyer and solicitor, has the experience in this complex area to help.

Surrogacy and its Implications in Family Law with Solicitor Glenn Duker

These days, there are a variety of options for couples wishing to pursue parenthood if having children “the natural way” isn’t an option. An increasingly popular method is the use of a surrogate, in which a woman who is a third party to the couple is implanted with a fertilised egg and sperm and carries the baby to term.

Commercial surrogacy, in which a woman is paid to carry a child for a couple, is illegal in Australia. However, hundreds of Australian couples travel overseas to clinics in countries like India and Thailand to achieve parenthood. It can’t be denied that this allows many couples to realise a dearly-held dream which may otherwise have been out of their reach; however, there are a host of potential legal problems contained within this process.

The most famous local case is of course that of “Gammy,” in which an Australian couple left behind one of a pair of twins born to a local surrogate because he was born with Down Syndrome. This has resulted in lasting changes to the surrounding legal system in Thailand, with parents now being required to show a birth certificate and surrogacy contract before they are allowed to leave the country with their child.

There are also calls for court-sanctioned parental orders and better international legal frameworks to prevent such children from ending up “stateless and parentless”. This sad state of affairs can arise from the simple fact of parents failing to legally register their surrogate-born children. This means that the surrogate mother remains the child’s legal parent, a situation that can lead to whole host of problems in the future, ranging from complications with inheritance from “true” parents through to issues over nationality.

If you are considering pursuing parenthood through surrogacy but want to be certain of all possible legal issues first, make sure you get thorough advice from a fully qualified professional such as Glenn Duker, lawyer and solicitor.

2015 Budget Means More Bad News for Legal Aid

At the beginning of last year, Glenn Duker, solicitor and lawyer, lamented the underfunded state of Australian Legal Aid in Law Biz News. Unfortunately, the latest government budget looks like it will only make this issue worse.

Since that article in January 2014, legal aid funding from the Commonwealth has been slashed by $60 million. This has had a huge impact on services such as the Aboriginal Family Violence Prevention and Legal Service, Community Legal Centres, the Aboriginal & Torres Strait Islander Legal Service, and, of course, Legal Aid. In March of this year, the government injected $5.2 million into the Legal Aid fund to help with complex criminal cases. While this was welcome, it was a mere fraction of what has been lost and is nowhere near enough to address the shortfall in what can be provided to those in need.

To address this problem, Legal Aid called for an additional $200 million. Without this, it argues, the country faces a “justice gap”, in which those who can't afford legal action have no access to redress in the courts. The main areas in which this effect can be seen is in consumer law, and also those who have been affected by domestic violence. 

Gabrielle Canny, Chair of National Legal Aid, was involved in “intense” negotiations with Commonwealth officials and was hopeful that the asked-for funding would be allocated in the next budget. Unfortunately, the unveiling of the budget showed that not only has this funding allocation not taken place, but further reductions are projected to occur from mid 2017.

It appears that the justice gap will continue - in fact, it's looking likely only to widen. Glenn Duker believes this is a shame in a country reputed to have one of the highest standards of living in the world.

Questions to ask a lawyer before signing the papers

Any given city is full of lawyers. Because there are a few too many unapproachable lawyers out there who just do not adhere to some basics of client servicing after a client signs him/her up on a case. Here are a few questions each and every one of you must ask a lawyer such as glenn duker in the first meeting itself before arrive upon a decision of choosing him.
  • What is your area of expertise? Some experienced lawyers such as glen duker practice in several related areas while some focus on one area exclusively. Whatever the situation might be, he must have relevant experience in the field your case lies in.
  • What is your fee? What does the fee include? Are there any hidden taxes or charges applicable? A respectable lawyer such as glen duker lawyer will not only make all matters of payments clear on the first meeting, but also explain its nitty-gritty to you.
  • Are you a lawyer or a solicitor? They both have different roles regarding cases. Some lawyers practise as both such as glen duker solicitor.

For any property, business or other cases, reach out to Glen Duker at http://lawbiznews.com.au/.

Sunday, 17 May 2015

Why you should hire Glenn duker for commercial litigation matter?

The term- commercial litigation covers numerous parts of business. For the most part it covers any sort business debate inside a business circumstance. It may incorporate rupturing the agreement, extortion and unlawful business practices and expert carelessness. Glenn duker, who rehearses in Melbourne illuminates about business suit and gives his important inputs about the matter.

Here are some excerpts from the Glenn duker, solicitor from Melbourne.
  • It is vital to comprehend the issue in prior stage. Here and there, things don't appear to be peril than they really are.
  • Employing an expert and master legal counselor who has mastery in this matter is extremely basic at this stage. Recollect that you can't take ventures all alone in commercial litigation matter.
  • Preference of enlisting business prosecution master legal advisors is that they see how these law procedures will influence your business.
  • Much of the time, a specialist has effectively determined debate without trying for legitimate procedures. This will help to spare your notoriety and proceeding with the business capacities with no interference.

You can visit http://lawbiznews.com.au/ to hire Glenn duker, lawyer for commercial litigation.

Monday, 11 May 2015

Glenn Duker- an expert property matter advocate

Simply envision when you are confronting a business or property debate and somebody puts a hand on your shoulders and lets you know, "Don't stress, I will help you." does it feel great? Meet Glenn duker, a standout amongst the most famous legal advisor who has a sheer expertise in business and property related question matters. Glenn duker has a sheer mastery in numerous zones like business deals and buy, business renting, movement, obligatory obtaining of area, vocation law, prosecution, probate, trademarks, wills, and so forth.

Glenn duker, solicitor has a limitless involvement in law and has an incredible demonstrated reputation. From distinguishing the issue to prompting customers in a most useful way, he verifies that his customers get a straightforward opportunity to backer their side of the story.

Glenn ducker, lawyer, is your best proficient delegate particularly in the matters of business and property question. Till date, glen duker has effectively aided a large portion of his customers in business arrangements, settlements, mergers and acquisitions, and so forth.

You can visit http://www.glenndukersolicitor.com.au/glennduker.html to know more about his services.

Sunday, 10 May 2015

Why you should hire glenn duker for commercial leasing?

A lease agreement is an agreement granting the use or occupation of the real estate property for a specific period of time in exchange for a mutually agreed rent amount. Either you are a tenant or a property owner; you require legal advices on a timely basis. One of the finest and renowned real estate lawyers is glenn duker who has an extensive experience in the commercial leasing.

The lease's term and base rent are of essential significance to the business occupant. Typically, a business lease is for a term of 5 to 20 years with altered accelerations in base rent or accelerations in light of a financial index, similar to the purchaser value record. Glenn duker, lawyer understands the complexities associated with the commercial leasing and gives appropriate advices to the clients.

Additionally, the inhabitant may be offered choices to amplify the lease term or venture into neighboring or different regions of the property. Contingent upon the property and the landowner, lease term and base rent may be negotiable. Glenn duker, solicitor will also help in negotiating with the pricing and other important aspects of commercial leasing.

You can visit http://glenndukerleaselawyer.com.au/ to know more about the services glenn duker offers.

Thursday, 7 May 2015

How glenn duker will help you in business sale and purchase matters?

When it comes to business sale and purchase, you need to take care of many important business and legal things. It is recommended to hire an expert lawyer when you deal in business sale or purchase. glenn duker, a renowned lawyer, possesses an excellent track record in business sale and purchase affairs and can create a win-win situation for both- the buyer and the seller.

According to glenn duker solicitor, buyers and sellers should understand their interests before coming to any final solution. He has played the role of a mediator between the buyers and the sellers successfully in the past and understands the complexities of the legal aspects.

From conducting personal meetings with both parties to drafting purchase agreement, the glenn duker lawyer makes sure that there is no room for any blunders or slip-ups. He confirms all the legal documents and terms & conditions before the final deal and explains the legal terminologies and aspects to both parties.

Furthermore, glenn duker will elucidate about the possible risk factors and transfer of physical and intellectual properties to the parties to avoid any misapprehensions in the future.

You can visit http://www.glennduker.net.au/ to know more about glenn duker and about legal services he provides.

Tuesday, 5 May 2015

Certain points to ponder in front of your potential lawyer such as Glenn duker

When your favourite MP3 player is not working, you may require seeking an electrician, when you are not feeling well, you visit a doctor just to get well soon, similarly when you are facing legal issues, it is always advisable to hire a good professional such as Glenn duker.

However you will find numerous lawyers around who might charge low consultation fees or provide you any discount, but apart from price there are several other factors to keep in mind while choosing a renowned professional such as Glenn duker lawyer. Below I would like to mention a few essential questions that one must ask his potential lawyer.
  • How long have you been in this field? By asking this, you will at least come to know about lawyer’s expertise, whether he is a newcomer or a veteran.
  • What have you specialised in? Or what cases you for the most part handle? Apart from lawyer’s expertise you must know how much has he excelled in your topic area? For instance if you need help with a separation case, then you may seek a divorce lawyer. And if you need help regarding conveyance, choose Glenn duker solicitor
  • An alternative ways for solving my issues? Searching for alternatives such as arbitration or some kind of out of court settlement can help in great ways.

So that’s all for now, visit: http://www.glenndukersolicitor.com.au/