There are many areas of law that lawyers in Melbourne can assist with, and it’s important to know what area your case falls under in order to see the right lawyer. For example, if you wish to seek legal advice for a road accident, it’s important to know whether your lawyer has worked on cases in that area. To better understand each area of law, here are seven different areas lawyers can commonly assist with.
Criminal Law
Criminal law is the body of law relating to crime that involves offences under each state’s crimes legislation. It proscribes conduct that’s threatening, harmful and endangering to a person’s safety and welfare. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. The police or Crown usually takes action against the accused on behalf of society to punish the people who violate the laws. Lawyers in Melbourne can both prosecute and defend the accused.
Civil Law
Civil law is a body of rules that defines and protects the private rights of citizens. It does this by offering legal remedies that may be sought in a dispute. Legal remedies include damages, restitution, coercive remedies and declaratory remedies. Civil laws oversee areas of law such as contracts, torts, property and family law, and lawyers can either defend the plaintiff or the defendant.
Areas of civil law include:
Family Law
Family law covers property settlement, spousal maintenance, a child’s residence and matrimonial matters. It focuses on issues that occur in domestic relationships like marriage, common law and civil unions. It’s also common for family lawyers in Melbourne to handle cases involving the dissolution of marriages. They can assist with spousal alimony, child support, parental abduction, domestic abuse, adoption and surrogacy.
Commercial Law
Commercial law regulates commercial activity that defines the ways people do business. It regulates the agreements businesses make with each other in order to buy and sell goods and services. Commercial lawyers deal with a range of principles, including Trade Practices laws which promote fairness and competition in business.
Administrative Law
Administrative law regulates the process in which government organisations make decisions that affect the rights of an individual or individuals. Administrative lawyers in Melbourne cover the initial decision making process. They can also handle processes of internal and external review by a court or tribunal. Administrative law procedures are generally more informal, and the rules of evidence are not strictly applied.
Industrial Relations Law
Industrial relations law deals with the relationship between employers, employees and contractors. The matters covered by this area of law include the underpayment of salary, unfair dismissal claims and threats of industrial action. Lawyers who focus on industrial relations law have to be extremely knowledgeable in industrial relations, as there are many principles that need to be remembered.
Personal Injury Law
Personal injury law covers the physical and emotional injuries that a person has suffered as the result of another person’s wrongful conduct. Some of the most common occurrences of personal injury claims involve car accidents and work-related accidents. These cases are made when one person claims to have been injured by another person, business or legal entity. Personal injury lawyers in Melbourne also cover cases involving sexual harassment, wrongful death and fraud. In these cases, the accused may be found guilty and end up serving time in jail.
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