It is not uncommon for family members and friends to approach their loved ones for financial assistance when they may be facing financial difficulty. It is more common than not for the terms of these agreements to be disputed at a later stage as they generally are formed verbally between the parties. In some circumstances, […]
On 1 May 2020, the NSW government relaxed the COVID-19 restrictions to allow 2 adults and their dependant children to visit another household. However, the rules clearly state that you must stay at home unless you are going to: Work School or an educational institution Shop for food or other goods and services Medical reasons or […]
It is an offence to drive a vehicle if there is a prescribed concentration of alcohol (PCA) greater than 0.05 per 100 millilitres of blood in the driver’s system. The higher the PCA and the more serious the offence. A mid – range drink driving offence is when a person drives a vehicle and they […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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