Archive for September 2014
A HANDWRITTEN NOTE THAT COULD CHANGE A WILL
Uncertainty arose when the author of a will who left her property to her two children also left a separate handwritten note saying that her son could ‘use’ the house for as long as he ‘needs’ it. Was the note part of her will? If so, how long could her son use the house? These…
Read MoreJEWELLERY – OR A $10,000 KNUCKLE DUSTER?
Body Texta Photographs of Katy Perry and Snoop Dogg were shown to a Court in defence of a man charged with possessing a knuckle duster when police seized his 9 carat gold two-finger ring valued at approximately $10,000 to $15,000. The solid 9 carat gold item measured 70mm long and 40mm wide with openings for…
Read MoreI’M A WORKER NOT A STRIPPER
Showgirls at an Adelaide striptease venue are ‘workers’ because their elaborate dresses and other apparel are their ‘tools of trade’ but in contrast their makeup, cream, strawberries and neon paint were the materials with which they worked. The issue arose when the Supreme Court was called upon to determine whether the showgirls came within the…
Read MoreI WANT TO RELOCATE WITH MY CHILD
What happens after separation if one parent wants to move with their child to live at a location significantly distant from the other parent? Recently the Family Court had to consider the future living arrangements of a child when her mother appealed against an order refusing her permission to relocate to Pilbara in northern Western…
Read MoreCOURTS GET TOUGH ON TRUCK DRIVERS
In four separate cases in a row the Supreme Court has emphasised the need for Courts to be tough on penalties for heavy vehicle drivers who record false information in their work diaries or drive for excessive periods. Only a month ago the Supreme Court reviewed the penalties to be imposed for truck drivers who…
Read MorePENALTIES FOR DRIVER’S WORK DIARY (LOGBOOK) OFFENCES
The Supreme Court has reviewed the penalties to be imposed on truck drivers who make false or misleading logbook entries when an interstate truck driver avoided serious penalties and received no conviction for making a false record in his work diary (or logbook). The truck driver pleaded guilty to the charge which had been set…
Read MoreWHO GETS THE FARM? THE IMPORTANCE OF INITIAL CONTRIBUTIONS IN FAMILY LAW PROPERTY SETTLEMENTS
In a recent matrimonial property case the Federal Court was presented with the task of evaluating and comparing the significant initial contributions of the husband who had been a farmer all his life and brought into the relationship – and inherited during the course of it – substantial farming properties valued at over two million…
Read MoreSENTENCING STANDARDS FOR DRIVING DISQUALIFIED OR DRIVING WHILST SUSPENDED
Penalties for driving licence offences imposed by Courts are set to increase significantly following a review by the Supreme Court of cases finalised over the last three years. The Court noted that the most common major penalty for driving licence offences was a fine and it appeared that the need to impose penalties that will…
Read MoreINTERVENTION ORDERS IN TROUBLE – POLICE EXCEED THEIR POWER
The Supreme Court has overturned a finding of guilt against a man charged with contravening an intervention order on the basis that the order made by police prohibiting him from ‘entering or remaining in the vicinity’ of specified premises was invalid. The intervention order was made in favour of the man’s former wife following their…
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