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Top Wishart Legal Aid Questions

Common legal questions answered by Legal Aid lawyers.

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Q
How is the financial advice industry regulated in Australia?

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The financial advice industry in Australia is regulated by ASIC, which requires advisors to be licensed and comply with the Corporations Act 2001.;Advisors must adhere to the Best Interests Duty, which mandates that t...

Q
What is the role of a commercial litigator?

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A commercial litigator manages the case, represents the client in court, and provides legal advice.;They also handle negotiations and aim to achieve a favorable outcome for the client.

Q
What happens if my legal aid application is denied?

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If your legal aid application is denied, you can request a review of the decision or seek assistance from community legal centers.;You may also consider seeking pro bono legal assistance if your application for legal...

Q
What constitutes negligence in construction?

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Negligence in construction occurs when a builder fails to meet the standard of care required, leading to damage or injury.;This can include failing to adhere to building codes or industry standards.

Q
What is the difference between bankruptcy and liquidation?

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Bankruptcy applies to individuals, while liquidation is the process of winding up a company's affairs.;Both processes involve selling assets to pay creditors, but the legal implications and procedures differ.

Q
What is the role of intent in defamation cases?

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Intent is not a necessary element in proving defamation; what matters is the effect of the statement on the plaintiff's reputation.;However, demonstrating malicious intent can support claims for aggravated or punitive...

Q
How can I declare bankruptcy in Australia?

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To declare bankruptcy, you must complete and submit a Bankruptcy Form to the Australian Financial Security Authority (AFSA).;It is advisable to seek legal or financial advice before proceeding with a bankruptcy declar...

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