ICAC – WHAT IS IT AND WHAT CAN IT DO?

The South Australian Independent Commissioner against Corruption (ICAC) was established in South Australia in 2013 and was set up to investigate corruption, misconduct and maladministration in public administration. The Independent Commissioner against Corruption Act 2014 defines public officers and public authorities as follows: Public officers include: Members of Parliament Members of the Judiciary Police Officers…

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DISPUTING A WILL – WHAT’S THE COST?

The old principle that legal costs arising from disputing a will are usually paid out of the estate (“known as the Probate Costs Rule) is outdated and in need of reform according to the Supreme Court. In a recent case, the deceased had hand written his intentions for his estate in a note book. It…

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NO CONVICTION – ITS NOT ‘UNUSUAL’

A case involving a traffic charge does not have to be ‘unusual’ for a Court to refrain from recording a conviction. Recently, a man was charged when a car he owned was driven unregistered and uninsured. He was told by a Magistrate that his case was not unusual and therefore he would have to receive…

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$600,000 FOR NOT WEARING A SEATBELT – WHO’S AT FAULT?

A woman who was left a paraplegic after suffering catastrophic injuries in a car accident appealed the decision of a Court to reduce her damages of $2,400,000 by nearly $600,000 because she wasn’t wearing a seatbelt. The case involved provisions under the Civil Liability Act that reduce a person’s claim for damages as a result…

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YOUNG DRIVERS BE AWARE

On 28 July 2014 a new Graduated Licensing Scheme replaced the old licensing system. It is important for young drivers on a provisional licence to be aware of the changes and, more importantly, how those changes will affect drivers. The main changes apply to P1 drivers under the age of 25 years, both current P1…

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THE EFFECT OF DOMESTIC VIOLENCE ON DIVISION OF PROPERTY

The Federal Court has recently considered how domestic violence toward a wife should be taken into account in the division of matrimonial property both in terms of her contributions and also to her likely future employability. The Family Law Act gives the Court discretion to alter property rights to ensure that there is a just…

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