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Appeals Against Supreme Court Decisions (NSW)
2022-08-31Appeals to the High CourtAppeals against decisions of the NSW Court of Appeal are made to the High Court of Australia. This occurs in matters of public or general importance. There is no automatic right to have an appeal heard by the High C… Read more »
2022-08-31Neighbourhood disputes can arise over many everyday matters, such as pets, trees, dividing fences or noise. In many cases, neighbourhood disputes can be resolved informally, by talking about the situation and listening to each other’s point… Read more »
2022-08-31Commercial 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 »
2022-08-31If 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 »
2022-08-31Making 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 »
2022-08-31What 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
2022-08-31Challenging 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?
2022-08-31Which 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
2022-08-31The 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 »
2022-08-31What 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)
2022-08-31The 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
2022-08-31Which 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 »
2022-08-31The 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 »
2022-08-31In 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
2022-08-31Consumer 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 »
2022-08-31Prosecution 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 »
2022-08-31Children’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 »
2022-08-31What 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)
2022-08-31When 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 »
2022-08-31New 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 »
2022-08-31Which 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
2022-08-31Offences 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 »
2022-08-31What is the process for ordering home detention?If the court is satisfied that no sentence other than a term of imprisonment is appropriate for an offence and that the term of imprisonment should be set at 18 months or less, it may then con… Read more »
Drug Diversion Programs in NSW
2022-08-31Drug diversion programs in NSW (New South Wales) provide offenders who are also drug users an opportunity for education and possibly treatment to help them to overcome their drug use and reduce the likelihood they will commit crimes in the … Read more »
2022-08-31What are the purposes of a sentence?Section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the ‘purposes of punishment’ which a court should consider when sentencing an offender.These are:Retribution or just punishment;Dete… Read more »
2022-08-31A character reference is a letter written by a person who knows you and can tell the court about your good character. In all the states including New South Wales a character reference can help the court to understand a bit more about you as… Read more »
Breach of an AVO in New South Wales
2022-08-31The offence of breaching an AVO in New South Wales is set out in section 14 of the Crimes (Domestic and Personal Violence) Act 2007.An AVO (Apprehended Violence Order) is breached if you do something that is in breach of the conditions list… Read more »
Applying for an AVO in New South Wales
2022-08-31An Apprehended Violence Order or AVO in New South Wales is a Court order made under the Crimes (Domestic and Personal Violence) Act 2007 to protect you from violence, intimidation or harassment in the future.AVO in New South WalesAn AVO in … Read more »
The Defence of Self-Defence (NSW)
2022-08-31The law recognises a person’s right to protect themselves when they are being physically attacked or are faced with a threat of physical violence. The extent to which it is permissible to use violence in self-defence depends on the circumst… Read more »
The Defence of Provocation (NSW)
2022-08-31In New South Wales, extreme provocation can be used as a ‘partial defence’ to a charge of murder. If a person charged with murder was acting in response to extreme provocation, he or she will be found guilty of manslaughter rather than murd… Read more »
2022-08-31Definition of duressTo secure an acquittal on the basis of duress, an accused must call evidence that:A threat of death or serious injury was made to the accused or a member of their family;The gravity of the threat was such that a person o… Read more »
The Defence of Automatism (NSW)
2022-08-31In order for an accused to be found guilty and convicted of a crime in NSW, the prosecution must be able to prove, beyond a reasonable doubt, that the person’s conduct was voluntary. Where a criminal act is committed in a state of automatis… Read more »
The Age of Criminal Liability (NSW)
2022-08-31In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of … Read more »
2022-08-31Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only. Summar… Read more »
2022-08-31New South Wales was the first place in the world to decriminalise adult sex work. It has the most liberal laws around sex work in Australia. The process of decriminalisation began in NSW in 1979, when criminal offences relating to street-ba… Read more »
2022-08-31What is robbery?For a person to be found guilty of robbery, the following elements must be proven:There must have been an unlawful taking away of property with the intention of permanently depriving the owner of it;The property must have be… Read more »
2022-08-31Perjury is a criminal offence consisting of knowingly making a false statement on oath in connection with any judicial proceeding. The false statement can be made in oral evidence or in writing. In New South Wales, perjury is governed by Se… Read more »
2022-08-31Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court. Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrate… Read more »
2022-08-31There are various offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Firearms legislation across all Australian sta… Read more »
Child Protection Register in NSW
2022-08-31The legislation that governs the Child Protection Register in NSW (New South Wales) is the Child Protection (Offenders Registration) Act 2000. The aim of the Register is to increase and improve the accuracy of police intelligence, assist to… Read more »
2022-08-31Common assault in New South WalesCommon assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court.… Read more »
2022-08-31Abortion in New South Wales before 22 weeksUnder section 5 of the Abortion Law Reform Act 2019, a doctor may perform an abortion on a person who is no more than 22 weeks pregnant with their informed consent, or with the informed consent of … Read more »
Reporting Police Misconduct in New South Wales
2022-08-31Police misconduct in New South Wales is taken very seriously. Employees of the New South Wales Police Force (NSWPF) are expected to behave professionally and with integrity and to make sure that their authority is exercised responsibly. You… Read more »
2022-08-31A voir dire is a pre-trial procedure used to determine the admissibility of particular evidence. It occurs when one party challenges the admissibility of evidence the other party proposes to adduce. A voir dire consists of the court making … Read more »
Bail Applications in New South Wales
2022-08-31Deciding bail applicationsSection 18 of the Bail Act sets out the factors that must be assessed when deciding bail applications. These are:The accused’s background, including their criminal history, circumstances and community ties;The natu… Read more »
Free Family Legal Advice Over the Phone
2022-08-31How much does it cost to get legal advice?Getting legal advice from Go To Court Lawyers Legal Hotline is free. If you require a face-to-face meeting with a lawyer in your area to get more detailed, specific advice about your matter, a one h… Read more »
2022-08-31Looking for employment advice? We've got a plan! Our FREE Employment Advice resource has helped thousands of people find jobs they love over the last 20 years. Check it out today! Get quick access to employment law and HR tips as well as an… Read more »
2022-08-31Get free property legal advice from qualified lawyers anytime of day or night who are always available when you need them. Understand property law like never before with helpful guides and legal videos that teach it all right there on our s… Read more »
2022-08-31Meet a lawyer who can answer your legal questions online now - 24/7. No matter how urgent your legal matter is we can help. Give our free legal advice hotline a call to get started today:Free criminal law adviceFree family law adviceFree im… Read more »
2022-08-31Go to Court Lawyers Parramatta has the opening hours of 9:00am to 5:00 pm Monday to Friday. However, after hours appointments can be arranged if required. Our office is located on the corner of Charles and George Streets, Parramatta. If you… Read more »
2022-08-31Parramatta Local Court operating hours are 8:30am to 4:30pm Monday to Friday. The Court address is 12 George Street, Parramatta and located on the corner of George and Marsden Streets Parramatta. If you are using public transport, buses to … Read more »
2022-08-31Parramatta Childrens Court is at number 2 George Street, Parramatta and has the operating hours of 9:00am to 4:30pm Monday to Friday. It is located on the corner of O’Connell and George streets. The Parramatta Children’s Court is easily acc… Read more »
2022-08-31If you’re going to court in Parramatta soon, don’t make the mistake of going alone. Get expert representation from our experienced legal professionals.Civil Dispute Lawyers ParramattaOur Parramatta lawyers are:committed to protecting your l… Read more »
2022-08-31If you’ve been charged with a criminal offence, don’t risk your future. You need excellent legal representation from a Parramatta criminal lawyer who understands how to help. And that’s where we come in…Our team of criminal lawyers are expe… Read more »
Parramatta Drink Driving Lawyers
2022-08-31If you have been charged with an offence relating to drink driving or drug driving, don’t risk your future. You need excellent legal representation from a Parramatta lawyer who is an expert in the field and who understands how to help. That… Read more »
2022-08-31Our Parramatta family lawyers are experts in the field of family law. We want to help you get past this difficult situation, so you can get on with your life. Call us today for practical legal advice that’s tailored to you. And – if you do … Read more »
2022-08-31Our team of traffic lawyers are experienced, professional, and skilled at providing expert legal advice. We can help you achieve the best possible result from a bad situation.Traffic Accident Lawyers ParramattaOur services include:discussin… Read more »
