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What is the content of Section 21? Section 21 of the Crimes (Sentencing Procedure) Act, 1999, gives power to the court to reduce the term of imprisonment or the fine payable by an offender. The section gives the court discretion to award a sentence that is less severe than the maximum penalty. When does the court use section 21 of the Crimes (Sentencing Procedure) Act, [...]
What are verbal agreements? A contract is an agreement entered by two or more persons with the intention of being legally bound. Verbal agreements are agreements made between persons based on spoken words. In order to be legally binding, a verbal agreement must have all the necessary features of a contract, including: Valid offer and acceptance of the terms of contractIntention to create a legally [...]
Introduction The NSW Government has recently passed 2 pieces of legislation with the objective to increase confidence of the community in the construction industry. DBP Act The Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) was enacted on 10 June 2020 and it introduces a statutory duty of care to benefit owners of land and provides for methods to regulate design and building work, [...]
For quite a few months now we have been receiving enquiries in relation to neighbourhood disputes. Is it because we are all home a lot more or do you think people have lost the ability to talk to one another? Whilst it is easy to urge you to be friendly with your neighbours as it is much easier if everyone gets along and it also [...]
In light of the COVID-19 pandemic, there have been a number of measures taken nationwide to ensure that documents such as Wills, Enduring Guardians, Powers of Attorney, Affidavits and Statutory Declarations are witnessed correctly. These measures give individuals the ability to have their documents witnessed remotely via audio visual link (“AVL”) to reduce the need for face-to-face interactions. The following outlines the current stance of [...]
This year the Family Law Courts announced that 2,000 cases nationally have been in the court system for over 18 months. The current time from filing documents in the Federal Circuit Court or Family Court of Australia (the Family Law Courts) to attending an interim hearing can be as long as 6 months or more even for matters considered urgent. For a final hearing the [...]
Generally, an unsuccessful party who commences or contests litigation generally pays the successful party's costs. When a claim is made against an estate there can be significant money expended which would otherwise flow to beneficiaries. When making wills or when administrating an estate every care should be taken to prevent estate assets being consumed in legal disputes. Recent decisions handed down by the Supreme Court [...]
We are proud to announce the Admission to Practice of four lawyers within our staff, all of whom have worked with us as law clerks and proven themselves as a valuable part of our expanding team of 22 Lawyers working in our Sydney and South coast offices. Congratulations to Rachael McKenzie who is practicing in our Family Law Team and Estate Division, Tristan Croft who [...]
Recently, we have become aware that lenders are undertaking repeat employment checks on borrowers prior to advancing the funds for a property settlement. These status checks are now being carried out up to the date of settlement. There are significant changes being experienced by people all over the world due to the current pandemic, and one of the most significant of these can relate to [...]
Online platforms can play a major role in how businesses are viewed by the general public. Reviews and statements posted on these online platforms can have an important role in shaping the views and opinions of both current and prospective customers. Businesses can take a huge hit if poor reviews or defamatory statements are being posted online regarding its services or products. Because of the [...]
