Posts by Websters Lawyers
SAWN OFF RIFLE WASN’T A SMOKING GUN
A recent appeal in the Supreme Court shows some of the issues that come up when police have to prove that a person was in possession of something. You might think that if someone is sitting in a car with a sawn-off rifle at their feet and their DNA is found on the gun it’s…
Read MorePROPERTY SETTLEMENT – WHEN ONE PARTY ISN’T HONEST ABOUT WHERE THE MONEY WENT
When a husband wasn’t truthful about what debts he had, among other things claiming he owed his parents $192,000 and wouldn’t explain where $886,000 had gone, his failure to be open and honest was a big factor when the Family Court made orders for property settlement. How important is it for parties to fully and…
Read MoreDoes It Matter If You Think A Will Is Unfair?
What happens when a person believes they have been treated unfairly under their parent’s Will, whilst their siblings have received a larger portion of the estate? Does it matter, if there have been periods of estrangement with their parent and will it affect their ability to contest the will and make a claim pursuant to…
Read MoreDOES IT MATTER IF YOU THINK A WILL IS UNFAIR?
When a person believes that they weren’t dealt with fairly under their parent’s will because their brother or sister received more, what can they do? A recent Supreme Court decision looked at the issues that need to be considered when a family member contests a will on the basis that they weren’t adequately provided for.…
Read MoreCAN POLICE SEARCH ME IF I DON’T SAY HELLO?
When the police do something illegal and as a result they find evidence of an offence, does that mean that they can’t use that evidence in Court? A recent case involving the unlawful search of a woman whom the police said looked nervous and fidgety and wouldn’t say ‘hello’ to them required the Court to…
Read MoreHOONING AND SA’S ANTI-HOON LAWS: WHAT DO I NEED TO KNOW?
Burnouts, donuts, smoking tyres, revving engines, drag racing, speeding. Even if you haven’t actually witnessed any of these things, you’re probably familiar enough with them to know that they’re activities commonly associated with “hooning,” or “hoon driving.” Whilst some aspects of hooning – for example speeding – have always been illegal, anti-hoon laws were originally…
Read MorePEDESTRIAN OFFENCES: FACT OR FICTION?
Have you ever wondered whether jaywalking is an offence? Or drink walking? And if they are offences, what are the penalties? With the Adelaide Fringe Festival in full swing and Mad March just around the corner, it’s a great time to kick back, relax and enjoy the best of our fair city. But it’s also…
Read MoreIS THERE A RISK OF IMPRISONMENT FOR BREACHING FAMILY COURT ORDERS?
After a man sent $265,000 to a woman in the United States to pay a “debt,” his wife successfully sought Family Court orders preventing him from getting rid of other assets. He acted in breach of those orders and so the Court found him in contempt and imprisoned him for 18 months. This was an…
Read MorePOLICE DROPPED THE CHARGES. CAN I CLAIM MY LEGAL COSTS?
When a man challenged a speeding fine, the police dropped the charges against him. But he was unhappy that this had happened without explanation, after causing him much inconvenience and expense. He sought reimbursement of his legal costs and appealed to the Supreme Court of South Australia. This case is a good summary of the…
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