If you have been charged with a criminal offence or traffic offence, always seek legal advice because even if you admit the offences, you might have been charged incorrectly. It is not unusual for a person to be charged with a number of offences that are ‘duplicitous’ because they arise out of the same incident.
In a recent decision of the Full Court of the Supreme Court of South Australia, a juvenile appealed against the sentence he received in the Youth Court. The juvenile had been charged with three counts of aggravated...
It is possible to enter into a legally recognised surrogacy agreement in South Australia if all parties are at least 18 years of age, subject to certain legal requirements. Such an agreement would enable a third party (the surrogate mother) to carry and give birth to a child for commissioning parents who, for various reasons, are unable to carry and give birth to a natural child.
We have all heard of cases where a surrogate mother has reneged on an agreement and refused to relinquish the child following birth, and the ability to have a...
During the tumultuous end of your relationship, you may have had to leave the home you shared together. You may have been asked or told to leave. The home may have been owned outright or you were still making mortgage payments on that home at the time of separation. You find yourself having to pay rent elsewhere while they enjoy the family home.
If you were married or in a domestic partnership that was a de facto relationship you may be able to assert they pay you an ‘Occupation Fee’. Your former partner or spouse should not remain...
Working in the Coal Seam Gas Industry or the Mining Industry usually means workers are required to fly in and fly out of the work site on a rostered basis. You could spend as long as three weeks out of four on a site. You work your shift and then spend your non-working hours in employer accommodation, eating your meals in employer canteens and using recreational facilities provided by your employer, and sometimes assisting the nearby towns in events which will encourage goodwill between the employer and the town.
At your induction they tell...
You may be considering entering into a Binding Financial Agreement with your partner or spouse following the breakdown of your relationship. You may have been advised that entering into a Binding Financial Agreement was easier and less stressful and did not require the involvement of the Family Court.
In a current appeal before the Full Court of the Family Court of Australia, the appellant is seeking to have his pre-nuptial agreement set aside on the basis that the solicitor who prepared the document failed to give him proper legal advice on...
The SA Supreme Court has ruled that the law compelling Courts to order the forfeiture of vehicles upon the application of police, following conviction for certain offences, was invalid. This decision could have potential implications for thousands of people who have had their car impounded by police or forfeited.
The reasons for this ruling by the Court were:
1. Such an order was granted on application by the Police without any opportunity for a charged person to challenge the Order, thereby taking away the discretion of the Courts, and
Many people are not aware that if you are injured in a car accident and the other driver fails to stop and can’t be located a claim for compensation for injuries sustained can still be made. If you are involved in a hit and run accident and the identity of the other driver at fault can’t be ascertained after ‘due inquiry and search’ a compensation claim can still be made against ‘the Nominal Defendant’. The Nominal Defendant is in fact a scheme by which a party – or defendant – is created in name only for the purposes of...
If the law requires that a legal will is to be signed by the testator in front of witnesses, what happens if the person dies after the will is written but before it is signed?
It is in section 8 of the Wills Act that the requirements of a valid will are set out. That section states that to be a legal will it must:
a) be signed by the testator (or by some other person in the testator’s presence and by their direction); and
b) appear that the testator intended by the signature to give effect to the will; and
c) the signature...
The Court of Criminal Appeal has set aside a verdict of guilty in a case in which the prosecution were relying on the fact that the person accused of robbery was in the vicinity on the same morning, that like the robber he walks around with his dog, and that he was of a similar appearance to the robber.
Police had produced CCTV footage depicting the robber and despite the fact that the Judge who heard the trial was of the view that the facial appearance of the accused man was similar to that of the person in the video footage, the Court of...
If you are alleged to have committed a traffic offence you may be issued with an Expiation Notice or ‘On the Spot Fine’. That notice may be issued by the police or any number of other authorities and you will need to pay the fine unless you elect to be prosecuted.
Every Expiation Notice must be issued in a proper form and in some instances the Notices may be defective. If a Notice is defective there are ways that it can be amended by the issuing authority or defended by you and it is always in your best interest to seek legal advice...