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The complexity of the definition of consent in sexual assault cases has been an ongoing discussion within communities and the legal system. On 1 June 2022, the NSW Parliament established changes to the definition of 'consent' via the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, introducing the new 'affirmative' consent laws. What is the definition of consent? 'A person consents to a sexual [...]
Drug possession and supply offences are dealt with in the Local and District Court. Depending on the type of drug and the quantity, the offence will be categorised as a possession offence or a supply offence. The penalty is also dependent on the type of drug and the quantity. What Is Drug Possession? Possession of prohibited drug is an offence under Section 10 of the [...]
So, you've organized your estate planning documents… what's next? Making sure that at all times your documents remain up to date- this will ensure that your wishes are reflected and you estate is administered as you intend. It is recommended that you review these documents every 2 to 3 years or where there are changes to your circumstances or the circumstances of your beneficiaries. The [...]
Most of us can agree that there is nothing worse than being rudely awoken by construction in the early hours of the morning, or even hearing the neighbours try and do some “quiet” renovations in the middle of the night. Thankfully there are legal avenues available to counter consistent, and persistent nuisances that interfere with your quiet enjoyment. What is an Offensive Noise or a [...]
Often times we have clients who come to us, who have exceptional circumstances where it is evident they are suffering from some mental health issues. If you have been charged with a crime and were suffering from a mental or cognitive impairment at the time, there are good prospects for your matter to be dealt with under the Mental Health and Cognitive Impairment Act 2020, [...]
Many of us are aware of a two unique company characteristics, their separate legal persons status and their limited liability. However, there are situations where the court will “lift the corporate veil”, which in turn, holds a director personally liable for breaches of their duties and obligations under the Corporation Act 2001 (Cth). This lifting commonly occurs where a company continues to trade even though [...]
What is collaborative practice and how does it actually work? Collaborative practice is a recognised approach to resolving family law matters without resorting to litigation in Court. Collaborative practice focuses on achieving an end result that satisfies the particular priorities of the parties and their family, avoiding conflict throughout. It is suitable for both financial and parenting settlements. The process involves face-to-face meetings with your [...]
If you pass away and do not have a will or you have an invalid will, you are considered as dying 'intestate'. This means that your assets will be distributed amongst surviving relatives in accordance with the procedures set out in the Succession Act 2006. Who is entitled to inheritance in intestacy? There is a hierarchy of people who are entitled to inherit if someone [...]
A Strata Scheme is a building (or group of buildings) which has been divided into lots, such as apartments, townhouses or villas. When you buy into a strata scheme, you share ownership of the common property with the other owners, which can include walls and floors, stairways, lifts, roofs, driveways, outside areas and gardens. What are your responsibilities when you buy into a Strata Scheme? [...]
Just recently on 13 July 2023, a new act was assented which now increases the penalty rates for the act of possessing, carrying and using a knife in public places or schools. These changes have been introduced with the Criminal Legislation Amendment (Knife Crimes) Act of 2023 ("Knife Crimes Amendment"). Previously these knife crimes were summary offences meaning that they were dealt with by the [...]
