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Top Banksia Drafting & Documentation Questions

Common legal questions answered by Drafting & Documentation lawyers.

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Q
What constitutes defamation under Australian law?

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Defamation in Australia occurs when a statement harms the reputation of an individual or entity, causing them to be shunned, avoided, or brought into ridicule.;For a statement to be defamatory, it must be published to...

Q
How long do I have to file a defamation lawsuit?

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In Australia, the statute of limitations for defamation is generally one year from the date of publication, although extensions may be granted in certain circumstances.;It's important to act quickly to gather evidence...

Q
What are the legal grounds for divorce in Australia?

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In Australia, the legal ground for divorce is the irretrievable breakdown of the marriage, evidenced by 12 months of separation.;No-fault divorce is practiced, meaning that neither spouse has to prove wrongdoing by th...

Q
How do bankruptcy laws work for individuals in Australia?

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Individuals can declare bankruptcy through the Australian Financial Security Authority (AFSA), which involves submitting a bankruptcy application and undergoing a financial assessment.;Once declared bankrupt, an indiv...

Q
What assets are protected in bankruptcy?

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Protected assets typically include household goods, tools of trade, and a limited amount of equity in your home.;Certain personal items and a vehicle with limited value may also be protected from seizure.

Q
How can I prove defamation in Australia?

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To prove defamation, the plaintiff must show that the statement was published, identified them, was defamatory, and caused or is likely to cause serious harm.;Evidence such as witness testimony, documents, and records...

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