Posts by Websters Lawyers
STAY CLEAR OF HINDLEY STREET IF YOU DON’T WANT TO BE SEARCHED
Did you know that Police have been granted additional powers to search people without cause within the new designated area in the city, named a ‘Declared Public Precinct’? The region involved pretty much covers that part of the city north of Currie Street to the river. You could be walking out of the latest musical…
Read MoreCAN I REVOKE AN INTERVENTION ORDER MADE WITH MY CONSENT?
A recent case in the SA Court of Appeal has clarified a common misconception as to what is required when a person against whom an intervention order has been made with their consent, later applies to have that order revoked. A Court may grant an intervention order if it is reasonable to suspect that the…
Read MoreCHILD ABUSE VICTIM AWARDED NEARLY $1.5M
A 27 year old who was the victim of sexual abuse when he was aged just 14 but first reported the abuse after he was himself arrested over a domestic disturbance years later, has been awarded nearly $1.5 million in damages. In assessing the claim the Court expressly considered the ‘delay’ in coming forward about…
Read MoreNO DEFENCE FOR SOBER DRIVERS
Recent changes to South Australia’s drink-driving laws have resulted in a situation in which a person can be convicted of drink-driving, even if they were stone-cold sober at the time they were in the car. Imagine this scenario. It’s Friday afternoon and you’re driving home from work, looking forward to enjoying a relaxing…
Read MoreFAMILY LAW: WHERE WILL THE KIDS SPEND THEIR HOLIDAYS?
The summer holiday season can be full of joy and delight, especially for kids. But it can also be a time of pain and stress for parents who won’t get to spend enough or any time with their loved ones. This is an issue for thousands of separated and divorced parents. While there are limitations…
Read MoreThe Attacker Who Claimed Self-defence
A woman charged with causing serious harm, who travelled from Melbourne to Adelaide to the house where her victim was sleeping, entered the home in the early hours of the morning and bit off a substantial piece of the victim’s lip and spat it on the floor then ran off, claimed that she was acting…
Read MoreMother Loses Care of Child After Alleging Father Committed Sexual Abuse
The seriousness and repercussions of making false allegations against the other party in Family Court proceedings involving children has been highlighted in a recent case in which a mother who intentionally manipulated evidence and made allegations of sexual abuse was held to have herself created an unacceptable risk of emotional abuse of the child warranting…
Read MoreDeceased’s ‘Strongly Held Feelings’ Aren’t Enough for a Will to be Upheld
A man’s decision to leave most of his estate to his daughter from a former marriage but allowing his wife to remain in their house for her lifetime has been set aside by the Supreme Court on the basis that the deceased’s Will did not adequately provide for his wife’s maintenance. Even though the Court…
Read MoreSummer Holidays Are Coming: Parenting Orders Due Soon!
If you didn’t have your fair share of time with your children these school holidays, speak to a family lawyer now to make arrangements for the summer holidays. Holidays can be challenging for families with separated parents. Tensions can run high when negotiating where and with whom the children will spend their time. A lack of planning and communication can lead to…
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