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Commercial Leases in NSW
Commercial leases in NSW are interests in commercial premises (for example, office buildings) that are granted by one person, the ‘landlord’, to another, the ‘tenant’. They confer a right on the tenant to exclusive possession of the commerc… Read more »
Probate in NSW
If you die in New South Wales and you made a valid will under the Succession Act 2006 before you died, the person named in your will as your executor will apply to the Supreme Court of New South Wales for probate of your will.Probate in NSW… Read more »
Making a Will (NSW)
Making a will in New South Wales involves making a written declaration describing how your property will be disposed of after your death. This allows you to leave your assets and any other possessions to which you are entitled at the time o… Read more »
Informal Wills (NSW)
What Constitutes A Formal Will In NSW?In New South Wales, a testator must execute a will correctly for the document to be considered a valid and formal will. Specifically, the document must comply with the following requirements:A formal wi… Read more »
Challenging a Will in New South Wales
Challenging a will in New South Wales can be done on a number of grounds, including that the will-maker lacked testamentary capacity to prepare the will, or the will did not represent the will-maker’s intentions for a variety of reasons, in… Read more »
Can a Beneficiary Contest a Will?
Which Beneficiaries Can Contest A Will?A Family Provision Claim can only be lodged in NSW if the testator was living in NSW before their death or if they owned real estate in NSW.A beneficiary can contest a will if they were:The testator’s … Read more »
Workplace Discrimination in New South Wales
The Anti-Discrimination Act 1977The Anti-Discrimination Act 1977 makes discrimination unlawful toward job applicants and employees, commission agents and contract workers. The Act states that if certain actions are done for two or more reas… Read more »
Workplace Bullying in NSW
What is bullying?For those workers in New South Wales who are covered by the Fair Work Act 2009, the Fair Work Commission has powers to make orders to stop bullying in some instances. These orders are designed to stop ongoing bullying. An a… Read more »
What is Sexual Harassment? (NSW)
The Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW) prohibit sexual harassment in the following areas of public life:In the course of your employment;In the course of obtaining goods and services e.g. from shops… Read more »
Unfair Dismissal in New South Wales
Which unfair dismissal laws applyIf you are a public sector employee (employed by the State or local government but not the Commonwealth government), you come within the New South Wales industrial relations system. These unfair dismissal la… Read more »
Employment Lawyers NSW
The Fair Work ActThe FW Act is managed by two bodies – the Fair Work Commission and the Fair Work Ombudsman. The Act is designed to ensure that there is a safety net of minimum entitlements for workers (the National Employment Standards or … Read more »
Small Claims Matters (NSW)
In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. … Read more »
Consumer Claims in New South Wales
Consumer claims in NSW relate to the supply of goods and services under the Fair Trading Act 1987 and the Australian Consumer Law. This includes disputes over monies, or the purchase of vehicles used for private use.Consumer claims under $4… Read more »
The District Court (NSW)
Prosecution in the District CourtPrivate solicitors cannot prosecute trials in the New South Wales District Court. The New South Wales Office of the Director of Public Prosecutions is the prosecuting service and government agency responsibl… Read more »
The Children’s Court (NSW)
Children’s Court jurisdictionsThe Children’s Court has jurisdiction to hear and determine matters of the following type:Criminal Offence Applications for apprehended violence ordersApplications for compulsory schooling orders with respect t… Read more »
Jury Duty (NSW)
What is a jury?In NSW, juries are usually made of 12 jurors selected from the electoral roll, although sometimes juries of 15 are empanelled in cases expected to last more than three months. Most criminal cases in the District and Supreme C… Read more »
Applications for Marriage Annulment (NSW)
When the Local Court convicts, penalises or sentences a defendant and the defendant is not present in court, the court orders are reviewable by way of an application for annulment. Such an application is made under Section 4 of the Crimes (… Read more »
Youth Detention (NSW)
New South Wales has six youth detention centres, known as Youth Justice Centres, which accommodate young people who have been refused bail or sentenced to detention. In the second quarter of 2019, there were 8,837 young people serving sente… Read more »
Spent Convictions (NSW)
Which convictions can be spent?All convictions can become spent, except the following:Convictions for offences for which a prison sentence of more than 6 months was imposed;Convictions for sexual offences;Convictions imposed against bodies … Read more »
Imprisonment in New South Wales
Offences that can lead to imprisonmentThe criminal law of New South Wales is contained primarily in the Crimes Act 1900 (NSW). This Act also works in conjunction with federal legislation, such as the Crimes Act 1914 (Cth) and the Criminal C… Read more »