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Decree of Nullity

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A decree of nullity is a court order that has the effect of saying that there is no legal marriage between the parties, even though a marriage ceremony has taken place. Essentially, it is a finding that the marriage was void. A court is empowered to issue such an order pursuant to section 51 Family […]

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Robbery

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Robbery is not defined in the Crimes Act 1900 (NSW), however in R v Foster (1995) 78 A Crim R 517 at 522, the court defined robbery as: The essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the […]

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Restraining lawyers from acting in Family Law proceedings

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A party to a Family Law proceeding can make an application to the Court to restrain a lawyer from acting on behalf of the other party. The Court can grant this injunction on three bases. Bases for granting the injunction Breach of Confidence In this situation, allowing a lawyer to continue to act would involve […]

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What are my rights during Police State AKA COVID-19 lockdown?

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With fast-changing government responses to the Coronavirus pandemic, it is important to be aware of your rights now more than ever. Police are given powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). it is important to note these powers pursuant to LEPRA have not been amended as a response to this […]

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Placing explosives near buildings, conveyances or public places

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Pursuant to section 48 Crimes Act 1900, it is an offence punishable by 14 years imprisonment to place explosives near buildings, conveyances or public places. Section 48 Crimes Act 1900 states: A person who causes an explosive to be placed in or near—   (a) a building, or (b) a vehicle, vessel, train or other conveyance, or (c) a public place, with the […]

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Breach of Apprehended Violence Orders

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Pursuant to section 14(1) Crimes (Domestic and Personal Violence) Act 2007, it is an offence to contravene a condition of an Apprehended Violence Orders (AVO). The offence is punishable by up to 2 years imprisonment and/or a fine of up to $5,500. Conditions of AVOs All AVOs have the mandatory conditions referred to as conditions […]

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Changes to the law during Covid-19: Commercial Lease Edition

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The National Cabinet have released the Mandatory Code of Conduct (“the Code”) on 7 April 2020. This code of conduct has been agreed to be implemented in all states and territories across Australia to try to combat some of the negative effects that commercial tenants are facing a result of Covid-19. The purpose of this […]

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COVID-19 and Temporary Australian Visa holders

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temporary australian visa holders

There are currently 2.17 million people in Australia who hold temporary visas for a variety of reasons such as study, holiday or work. As the COVID-19 crisis continues, there have been recent changes to allow for temporary visa holders to be able to support themselves in such times. In a statement published by the Department […]

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Government relief packages under Covid-19

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Big Businesses The Australian economy relies upon businesses to keep it afloat. As such, the government has announced measures to support businesses with the aim to keep people in jobs and keep businesses afloat. The measures designed to help businesses during these tough are included the following: A $1 billion Working for NSW fund to […]

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Amendments to the Law during Covid-19: Lease Edition

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Covid-19 has had an impact on almost every aspect of health,  economy and society at large. As such, the law cannot continue as it were in ordinary times as we are facing an ongoing crisis that is estimated to endure for at least six months. The Covid-19 Legislation Amendment (Emergency Measures) Act 2020 (“the Act”) […]