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Common legal questions answered by Legal Aid lawyers.

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Q
Can public figures sue for defamation in Australia?

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Public figures can sue for defamation, but they may face a higher burden of proof, needing to show that the defamatory statement was made with actual malice.;Public figures often use defamation lawsuits to protect the...

Q
How are constitutional disputes resolved in Australia?

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Constitutional disputes in Australia are typically resolved by the High Court, which has the authority to interpret and apply the Constitution.;The High Court's decisions on constitutional matters are binding and play...

Q
What are the rights of students in Australian schools?

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Students have the right to a safe learning environment, access to education, and freedom from discrimination.;They are also entitled to express their opinions and participate in school governance where applicable.

Q
How is liability determined in medical negligence cases?

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Liability is determined by evaluating whether the provider breached their duty of care and whether this breach directly caused the injury.;Courts consider factors such as expert testimony, medical guidelines, and the...

Q
How do I file a compensation claim?

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Filing a claim typically involves notifying the relevant authority, completing claim forms, and providing evidence of the injury or loss.;You may also need to attend medical assessments and follow any specific procedu...

Q
What is a probate and when is it required?

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Probate is a legal process that confirms the validity of a will and grants the executor authority to administer the estate.;It is required when the deceased's estate includes significant assets, such as real estate or...

Q
How is child custody determined in Australian family law?

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Child custody in Australia is determined based on the best interests of the child, considering factors like the child's needs, the parents' ability to provide care, and any history of family violence.;Courts aim to en...

Q
How is cryptocurrency taxed in Australia?

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Cryptocurrency is treated as property for tax purposes, subject to capital gains tax.;Gains from cryptocurrency transactions are taxable, while losses may be claimed as deductions.

Q
What should I do immediately after a motor accident?

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Ensure everyone's safety, call emergency services if needed, and exchange contact and insurance details with the other driver.;Document the accident scene with photos and take notes of any relevant details, such as we...

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