Posts by Websters Lawyers
ARE BINDING FINANCIAL AGREEMENTS ACTUALLY BINDING?
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…
Read MoreCOURT RULES CAR FORFEITURE ORDERS INVALID
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…
Read MoreGUILTY FOR WALKING HIS DOG?
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…
Read MoreWHY DOES A WILL HAVE TO BE IN WRITING AND WITNESSED?
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…
Read MoreWHAT NEEDS TO BE DONE WHEN YOU’RE INJURED IN A HIT AND RUN CAR ACCIDENT?
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…
Read MoreTHINGS ABOUT EXPIATION NOTICES YOU MAY NOT KNOW!
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…
Read MoreIS IT A TRUST WHEN PARENTS RECEIVE MONEY ON BEHALF OF THEIR CHILD?
A complicated situation can occur for estate lawyers when the surviving parents of the deceased have previously received or held money on their child’s behalf. The question arises as to the basis upon which the money is held and a recent case before the District Court of South Australia is an example of the issues…
Read MoreWHAT IS AN INTERVENTION ORDER AND HOW CAN IT AFFECT YOU?
December 2011 saw the introduction in South Australia of Intervention Orders to replace the previous Restraining Orders that could be taken out when there was a perceived need to protect a person. Restraining Orders Restraining Orders could only be made by Magistrates upon them being satisfied certain criteria exist, however now we have seen the…
Read MorePENALTIES ARE CHANGING FOR EXPIATION NOTICES
As of 1 September 2012 the penalties for speeding are changing. The changes that will come into force will result in lower fines but increased demerit points and are as follows: Speeding penalties from 1 September 2012 Exceeding the speed limit Demerit Points Expiation Fees * Expiation fees (Road Trains) By less than 10 km/h…
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