Evans Testa Lawyers

Civil Lawyer Adelaide

A Evans Testa civil lawyer will try to resolve his client’s disputes by evaluating the claim and advising on what the next steps should be. Civil litigation is the process of resolving civil disputes through the court system. Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.
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If you feel that you’ve been wronged but it’s not a criminal matter to be dealt with by the Police then you may be able to commence a lawsuit against someone. The kinds of civil disputes that are dealt with under civil law include disputes between:

• Neighbours
• Customers and suppliers
• Business partners
• Landlords and tenants
• Buyers and sellers of real property
• Buyers and sellers of any goods including motor vehicles
• Home owners and builders
• Employees and employers
• Executors or beneficiaries in deceased estates
• Creditors and debtors

Different kinds of legal cases have different time limitations imposed so it’s important that you seek legal advice quickly to find out if you can commence legal proceedings.

Prior to court proceedings being commenced, if possible, the first course of action is always to seek a resolution to the dispute, saving both time and money.

There are a number of alternative dispute resolution methods which we can help with in an attempt to sort the matter out. If all attempts to settle the dispute fail then the dispute will be taken to court.

We have experience across a wide range of legal areas and can help you attempt to resolve the dispute and if that is not successful, then we can assist you with court proceedings.

Commercial Law

We provide assistance to individuals, businesses and organisations in their commercial dealings, either with their transactions or when a dispute arises.

These disputes usually involve debt collection, disputes about whether contracts have been properly performed (for example, building disputes) or disputes about rights in relation to property.

Whether you need to document your business dealings, need advice on a course of action to take, are engaged in a commercial dispute or are likely to engage in litigation, or you simply wish to put your personal or business affairs in order, we will work collaboratively with you to make the right decisions for you and your business or your personal affairs.

Criminal Defence Lawyer Adelaide

Legal Defence Lawyer and Representation – 24 Hour 0409645733

If you are facing criminal charges or a traffic offence you should seek legal advice at the earliest opportunity.  Any allegations against you may have a life-changing effect. We offer you 24-hour access to a criminal lawyer & defence lawyer in Adelaide who understands that your needs may often extend beyond the hours of 9 am to 5 pm, Monday to Friday. Given our vast experience in both prosecution & defence work across South Australia, we will provide you with immediate advice regarding the offences, possible penalties and the likely outcome including the ongoing effects of any court findings. We have vast experience in defence work involving offences of drug trafficking, violence, theft, fraud, sexual offences and driving offences including evading police and cause death by dangerous driving. In some instances, although you may not receive a conviction for an offence, you may have to disclose details of the charges and/or penalties to any future employer, insurance company or Government agency.

Early legal representation may result in the withdrawal of the charges or the successful negotiation of alternate penalties. New legislation now provides for discounts on a sentence by entering an early plea of guilt. These discounts do not apply to all offences. In these circumstances, Police may suggest that you plead guilty without first obtaining legal advice. Despite the incentive to do so, the consequences may not become clear until it is too late. For example, you may have a recorded criminal history even though a matter was resolved without conviction or you may have entered a plea of guilty in relation to a charge that could have been reduced or withdrawn. Our experience in both criminal lawyer Adelaide prosecution & defence work, allows us to provide you with the best advice at the earliest possible opportunity.

We Can Handle All Areas Of Criminal Law, Including:

• Offences of violence – assaults, murder, arson, robbery, weapon possession, housebreaking, home invasion, carjacking, assault police
• Intervention orders – stalking, domestic violence
• Dishonesty offences – fraud, theft, receiving, white-collar fraud
• Drug offences – possession, cultivation, manufacture, trafficking
• Street offences – disorderly,  graffiti, property damage
• Driving offences – drink driving, cause death, speeding, serious driving offences, general traffic matters
• Security Licences / Disciplinary matters – liquor licensing, AHPRA, NALHN, Passenger Transport Board, DPTI
• Sex offences – rape, possess child pornography, indecent assault
• Centrelink and ATO fraud offences
• Customs and Fisheries matters
• Bail applications – simple, prescribed applicants
• Court appeals
• Asset confiscation – Federal and State
• Animal cruelty / RSPCA prosecutions
• Breaches of bonds / Suspended sentences /  Community Service Orders

In some circumstances, we will consider acting for you on Legal Aid matters.

Do not hesitate to Contact Us with your enquiry. You will not be charged to initially meet or speak with us

Family Lawyer Adelaide

A family lawyer Adelaide can assist in advising you of your rights given the complexities & potential loopholes that exist within family law. We aim to achieve the best outcomes for our clients given our experience in negotiating. It is true that you may be able to represent yourself in your family law matter but you may well miss important issues given the complex family law system. There are often large amounts of documentation to prepare and, if required, appearances in court. Engaging a family lawyer may actually save you money. Family lawyers know your entitlements & tailor their advice accordingly. Instructing a family lawyer will take some of the stress out of the situation for you by removing the emotion out of your situation & advise you purely on their knowledge of the law.

Custody Lawyer Adelaide

The focus of the law is upon the rights of children. When families separate, the important issues remain in terms of who children will live with, who they will spend time with & who will make important decisions in terms of health, education & religion. Going to court is a last resort as it is easier to agree to arrangements for children through a document that all parties agree on. If this cannot be done, a Court would need to provide Orders as to children. The process is stressful and very technical so it is imperative that you seek legal advice before agreeing to any matters concerning children. Any agreement put in place will apply until children reach the age of 18 so the importance of obtaining legal advice before agreeing to the terms of any document is clear. A properly considered and drafted agreement in terms of children will give all parties peace of mind into the future. Parents and/or grandparents may have the standing to obtain Orders regarding children so it is important to seek legal advice.

Marriage & De Facto Property Settlement

Whether you are separating following the breakdown of a de facto relationship, same-sex de facto relationship or marriage it is imperative that you obtain the right advice early on to ensure that your entitlements are properly recognised. Each case is decided upon its own merits or facts in terms of what each party is entitled to following the relationship breakdown. We aim to negotiate outcomes without resorting to Court given the additional stresses it places upon parties. The initial step in any property settlement matter is for the parties to identify the assets, liabilities and superannuation interests that form the property pool. The contribution of each party to the finances and welfare of the family is then assessed. The current and future financial position of each party is then assessed.  The length of the relationship, relative health & age of each party is also considered. All these factors help to assess the fair division of assets between the parties. It is important to obtain legal advice early on the following separation to ensure that all relevant matters are taken into consideration before any agreement is reached.

Binding Financial Agreements (Prenuptial & De Facto)

These agreements are legally binding providing certain requirements are met. Couples can use these agreements to regulate & resolve how finances will be managed following the breakdown of their relationship. It is preferable that these agreements are put in place before getting married or entering into a de facto relationship. When drafting such agreements, care needs to be taken to avoid “grossly unreasonable” agreements suggesting one party may have unfairly influenced another or engaged in unfair conduct. Independent lawyers Adelaide must give each party to financial agreement advice as to its terms and their effect. To be valid, financial agreements must be fair to all parties, especially one who is less wealthy that the other. Financial agreements, if properly drafted, are an important way of protecting assets when entering into a new relationship.

• Property Settlements
• Childrens’ Issues
• Financial Agreements
• Consent Orders
• Divorce

Personal Injury Law

Our vast experience allows us to provide you with expert guidance in pursuing claims for injury sustained in numerous situations.

Product Liability allows people who suffer injury or loss as the result of a defective product to take legal action for compensation.

• A product is defective if it does not provide the level of safety that the community generally is entitled to expect.
• A company who either manufactured, supplied or imported the product may be liable.
• Management of these claims is complicated and legal guidance is a necessity.
• Professional Negligence may involve injury or loss suffered due to a professional failing to provide a service with the degree of skill expected of them. Such professionals may include accountants, engineers and health practitioners.

This area of law is complex & requires expert legal advice.

Total and Permanent Disability (TPD) Claims are lump sum payments paid as a result of a person sustaining injury. They are usually made through an insurer or a superannuation fund.

To lodge a successful claim, a person usually has to prove that they are unable to perform their normal working role or any suitable work in light of their experience, education or training.

In effect, a person must show that they are unfit to undertake work that they have the skills to do. The disability does not have to be work related and may, for example, include mental illness, MS, chronic fatigue syndrome, car accident injuries or injuries sustained due to a fall.

The claims process is often daunting and legal guidance is a necessity.

Criminal Injuries Compensation allows for victims of criminal acts to be compensated for their injuries.

Do not hesitate to Contact Us with your enquiry. You will not be charged to initially meet or speak with us.

Wills / Powers of Attorney / Advance Care Directives

When a person dies without a Will, your estate may go to people you don’t want it to. Most people do not think they don’t need a Will because they are young, have no children, may be unemployed or have very little money in the bank. As soon as you have anything to your name, it is time for you to have a Will and to make sure that you have a say in how your assets are to be dealt with when you die, it is important that you have a valid Will. To ensure a Will is valid, it must be constructed correctly.

Wills should be updated regularly or following significant life changing events including marriage, remarriage, separation, divorce, the birth of a child, the death of your partner or spouse.  This will ensure that your Will adequately reflects your wishes.

It is good practice to review the contents of your Will every five years.

If you do not have a valid Will at the time of your death you are said to have died intestate.  The Public Trustee may be appointed to manage your estate and will charge a fee to do so.  Should this occur, your true wishes may not be taken into account.

You may be tempted to use a home Will kit because they are cheaper, however those documents are not always as clear & as safe as you think they may be. If it is later contested, it may end up costing your estate far more than the cost of a proper legal Will to start with. A Will offers you some peace of mind that your loved ones will know with certainty what you would want done with your assets. When considering a Will, also enquire about an (enduring) Power of Attorney as well an Advance Care Directive.

Call Evans Testa Lawyers on 8263 2400 to arrange an appointment

Power of Attorney

To ensure that your financial affairs can be attended to when you can’t, a power of attorney can assist.  This is a legal document prepared by a lawyer to give someone power nominated by you to look after your legal interests if you suffer from an illness, incapacity or are to be away from home. If you have not appointed someone in this role and you became incapable of looking after yourself, someone may be appointed for you.

Call Evans Testa Lawyers on 8263 2400 to arrange an appointment

Advance Care Directive

A legal document where you appoint someone to carry out your wishes regarding your quality of life. You nominate where you would like to live, what healthcare you want to receive and what consent you want to give for medical procedures.