6 Common Law Questions - Answered!

Here at Lawskool, we get various law questions so we will cover six topics with the most frequently asked law questions and answers.

Here are 6 Common Law Questions - Answered!

#1 Auto and Traffic Accidents

What do I need to document after an accident?

Time, date and location are the first three areas that need documenting, along with the names, addresses and full contact details of all parties involved. Also, if there are witnesses, please gather their information. In addition, make a note of the vehicles involved and injuries sustained. And don't forget to gather insurance information from the other parties.

After an accident, should I see a doctor?

This is a difficult question to answer if you are not present. If there are visible injuries, then yes. After checking for injuries, if none are apparent and you decide against it, remember that head injuries can take time to appear, so the following 12 hours is crucial; if you feel anything untoward, contact a doctor immediately.

If I am at fault, what do I do?

As a rule of thumb, it is better to consult with a lawyer or insurer before claiming liability. Anything you say at the time can be used later against you if legal proceedings arise.

#2 Criminal Law FAQs

How does sentencing for a criminal offence work?

Three main factors that influence the sentencing are:

  • Type of crime

  • Statutory and sentencing guidelines for the crime

  • The accused’s criminal history

How can I know if there is a warrant for my arrest?

Unlike America, Australia does not have a central database where a bail bond agents can access. Enquiries need to be made at the court or with the police. And this should be done after consultation with a lawyer.

The Basics

It is important to remember to get legal advice for anything criminal-related as the system works differently across the states in Australia. There are differences across areas, such as:

  • Sentencing

  • Criminal Offenses

  • And the criminal procedure

Knowing the parameters of each individual case and what jurisdiction it took place in will define how a law firm would approach the case.

#3 Divorce FAQs

How much does it cost to file for divorce?

As of the end of March 2022, a divorce application in Australia is $930, plus a government filing fee. Some people fall into an eligibility bracket to pay only $310; check with your divorce lawyer.

Do I have to attend court during my divorce?

If the divorce is uncontested and you have filed your marriage agreement, then there is a strong possibility you won't. However, if the court requests a formal or informal hearing, you may have to.

#4 Driving Under the Influence (DUI)

Will I get jail time for a DUI?

Variations of penalties for differing levels of alcohol in the system are in place if different states. In NSW, for instance, under a DUI, you could expect the following:

  • Fine: $4,200

  • Minimum Licence DISQ: 6 months

  • Maximum Prison Term: 6 months

But these vary depending on the level of alcohol over the acceptable limit or if you are on a provisional or a full license.

But the answer can be “YES” for DUIs that result in severe injury and loss of life. If, for example, the driver tried to resist arrest or a car chase takes place, then naturally, further charges can be brought into a case, and jail time can be applied.

How long will a DUI stay on my record?

A DUI acquired after you are 18 will stay on file for a period of 10 years. If the person is charged before the age of 18, the DUI will stay on file for a period of 5 years. This is referred to as (spent convictions legislation).

#5 Personal Injury FAQs

What constitutes personal injury?

You define personal injury as sustaining physical or psychological harm from another party. An individual or company could have been acting intentionally or negligently and can be held accountable and liable.

What are the most typical personal injury cases?

The most frequent personal injury cases are:

  • Traffic-related

  • Assault

  • Accidents - both work and home

  • Shelf product liability

For these kinds of claims, be sure to have everything documented. For psychological harm, time, place and context over a period of time will help prove liability.

#6 Tax

Income Tax - What is it?

A government tax levied on an individual for a percentage of their income. In Australia, income tax is imposed by the federal government to account for individuals and corporations. It is set using a progressive rate depending on the individual's income level. Rates for 2021 to 2022 are below:

Income Over (AUD) Tax Rate Effective overall tax rate
$0 0% 0%
$18,200 19% 0% ‐ 11.32%
$45,000 32.5% 11.32% ‐ 24.56%
$120,000 37% 24.56% ‐ 28.7%
$180,000 45% 28.7% ‐ 45%

The tax year in Australia is from 1 July to 30 June. If you think you will be late paying your taxes, get legal assistance immediately.

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