Posts by Websters Lawyers
WHAT IS AN AGGRAVATED OFFENCE?
In many cases when a person is charged with a criminal offence the wording of the charge states, “This is an aggravated offence.” What does this mean and what is the significance of an offence being aggravated? Most “Aggravated Offences”, and the circumstances which constitute an “Aggravated Offence”, are outlined in section 5AA of the…
Read MoreWHEN CAN POLICE TAKE A DNA SAMPLE IN SA?
In 1999 South Australia police began to compile a database of DNA profiles which has grown to over 100,000 assisted by the powers created by the Criminal Law (Forensic Procedures) Act 2007. A DNA sample is taken by police by means of a simple procedure known as a ‘buccal swab’ which involves using an implement…
Read MoreDO I NEED A LAWYER IF I’M PLEADING GUILTY?
A recent penalty handed down in the Adelaide Magistrates Court has highlighted the importance of getting legal advice even when pleading guilty to what seems like straight forward matters. In a recent well publicised matter, the defendant was charged with a category 2 drink driving offence (0.08% to 0.149%) as well as a charge of…
Read MoreWHAT IS THE DIVERSION COURT PROGRAM?
Treatment Intervention Program and Drug Court Program What is it? The Intervention Programs are run in a specialist court and are not heard with the general criminal listings. The term “intervention program” is defined by legislation[1] as a program that provides supervised treatment, supervised rehabilitation, supervised behaviour management and/or supervised access to support services. Why…
Read MoreFORMALISING YOUR FAMILY LAW PROPERTY SETTLEMENT
You have just reached an agreement with your former spouse or de facto partner in regards to the division of property following the breakdown of your relationship. Is a verbal agreement enough? Are your future interests protected? Should you formalise the agreement in writing? Would a statutory declaration be enough? Some people that find themselves…
Read MoreCHARGED THREE TIMES FOR THE SAME OFFENCE?
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.…
Read MoreSURROGACY AGREEMENTS
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,…
Read MoreFLY IN FLY OUT (FIFO) EMPLOYEES AND WORKERS COMPENSATION CLAIMS
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…
Read MoreWHY SHOULD YOUR PARTNER OR SPOUSE LIVE IN THE FORMER MATRIMONIAL HOME RENT FREE WHILE YOU PAY RENT ELSEWHERE?
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…
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