When a person is charged with a summary criminal offence in Victoria, the matter may be finalised in the Magistrates Court. If the accused pleads guilty, they will be sentenced by a magistrate. If they plead not guilty, the matter will be listed for a...
read more >>When a person is charged with criminal offences, they may be granted bail by the police or by a court. If a person is not granted bail, they are remanded in custody until the matter is finalised or until bail is granted. This page deals with bail in...
read more >>On 8 November, the High Court of Australia decided the matter of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, finding that indefinite immigration detention was unlawful under Australia’s Constitution. The decision resulted in...
read more >>A de facto relationship is a relationship where two partners who are not married live together on a genuine domestic basis. De facto relationships in most of Australia are governed by the Family Law Act 1975 but those in Western Australia are governed by the...
read more >>A permanent resident is a person who has been granted a permanent Australian visa that allows them to live in the country indefinitely. A person may be apply for and be granted a permanent visa from offshore or from onshore. This page deals with permanent...
read more >>Fishing in Australian waters is regulated by the Fisheries Management Act 1991, which sets out the laws on fishing rights and fishing permits and contains a number of criminal offences that are committed when the Act is not complied with. This page deals with...
read more >>If you are shipping goods between locations, a bill of lading (BOL) is the most important document that you need to understand. A bill of lading is a legal document that accompanies the goods that are being transported and details the type of goods, quantity...
read more >>In the NT, there are various offences related to drink driving contained in the Road Traffic Act 1972. A person who is caught drink driving in the NT may receive a traffic infringement or a summons to attend court. This page deals with the offences, penalties...
read more >>In South Australia, the Road Traffic Act 1961 contains the offences that a person may be charged with if they are caught drink driving. These offences attract fines, licence disqualification periods and terms of imprisonment. This page deals with drink...
read more >>Murder and manslaughter are among the most serious criminal offences in the Northern Territory. They are dealt with by the Supreme Court and can attract lengthy terms of imprisonment. This page deals with murder and manslaughter in the NT. Murder in the NT...
read more >>When a person is sentenced for criminal offences in New South Wales, there is a range of penalties that can be imposed. The most serious of these is a term of imprisonment. In New South Wales, a term of imprisonment can be structured in a number of different...
read more >>When a person dies leaving a valid will, that will may subsequently be contested by someone who was expecting to inherit from the deceased’s estate. In Victoria, the Administration and Probate Act 1958 governs who can contest a will and the circumstances...
read more >>In Australia, the laws surrounding the age at which young people can legally consent to sex are different in each state and territory. In Queensland, the age of consent is 16. This age is the same regardless of the type of sexual activity and regardless of...
read more >>In Queensland, deceased estates and wills are governed by the Succession Act 1981. A family member of a deceased person who left behind a valid will may contest the will on the basis that the deceased failed to make adequate provision for them. This is known...
read more >>When a person is sentenced for criminal offences in Queensland, the most severe penalty that can be imposed is a term of imprisonment or detention. A term of imprisonment may be imposed in several different ways in Queensland, including actual jail time, a...
read more >>A duty of care is an obligation to take reasonable care to avoid causing harm to another person. There is a range of situations in everyday life where a person owes a duty of care to another person. Where a duty of care is breached, the tort of negligence is...
read more >>When a person dies and leaves behind a will, a family member may challenge or contest that will. Every state and territory of Australia has different procedures for contesting and challenging a will. This page deals with contesting a will in South Australia....
read more >>A person who is unfairly dismissed from employment in Tasmania may have a claim either under state law or under federal law. The system an employee is covered by is determined by the employer they were working for. This page outlines the unfair dismissal laws...
read more >>In Tasmania, the most severe penalty that a court can impose for criminal offences is imprisonment. There are four prisons in Tasmania. These are the Rison Prison Complex, which includes the Mary Hutchinson Women’s Prison, The Hobart Reception Prison and...
read more >>On the 11th October 2023, the Queensland government introduced legislation that will change the laws surrounding domestic violence and sexual assault. The Criminal Law (Coercive Control and Affirmative Consent) And Other Legislation Amendment Bill will make...
read more >>A person who is charged with criminal offences in South Australia may contest the charge by advancing a legal defence or a factual defence. A legal defence, such as duress or self defence, exists where the accused admits committed the physical act but claims...
read more >>In New South Wales, a person who is 16 or older can legally consent to sex with another person who is 16 or over. However, if a young person under 18 is under the ‘special care’ of another person, they cannot legally consent to sex with that person. A...
read more >>In Australia, directors’ duties are primarily governed by the Corporations Act 2001 and common law principles. They may also be regulated by the company’s constitution and by shareholder agreements. Directors duties exist to promote good governance of...
read more >>In Victoria, perjury is a serious criminal offence that can attract a penalty of up to 15 years imprisonment. This page deals with the elements, penalties for and procedures for dealing with charges of perjury in Victoria. Legislation Perjury in Victoria is...
read more >>Medical negligence exists when a medical practitioner breaches their duty of care towards a patient by failing to take reasonable care to avoid causing harm to them. When a patient suffers harm as a result of medical care, they may (but do not necessarily)...
read more >>The most common legal defence to offences involving the use of force is self-defence. Self-defence is a legal defence that recognises that an individual cannot be expected to remain passive in the face of a physical attack or threatened attack and that people...
read more >>Medical negligence exists when a medical practitioner fails to take reasonable care to avoid harming a patient. A person may take action for medical negligence because they have suffered a physical or psychological injury or an illness as a result of the...
read more >>In Australia, the law as to what age a young person can legally have sex is different in each state and territory. In Victoria, the general age of consent is 16. The Crimes Act 1958 sets out various criminal offences involving sexual activity between an adult...
read more >>In New South Wales, the Crimes Act 1900 contains a range of assault offences. These range from common assault to assault causing death. This page outlines the assault offences that exist in New South Wales, the penalties that apply to them and the processes...
read more >>A person who pleads not guilty to a criminal offence may rely on a legal defence or a factual defence. A factual defence is a version of events that is inconsistent with the accused having carried out the acts alleged – for example, an alibi. A legal...
read more >>It is common for criminal offences and traffic offences to be dealt with by issuing a fine. A fine is a financial penalty that may be given by the police, by a court, or by another authority. This page deals with fines as a sentencing option in Australia....
read more >>When a court sentences a person for a low-level offence, it may decide to impose a good behaviour bond or undertaking. This is a penalty that consists of releasing the offender without further consequences provided they sign an agreement to comply with...
read more >>In Australia, the harshest penalty that courts can impose for criminal offences is a sentence of imprisonment. A sentence of imprisonment may be for a fixed term, or it may be indefinite. In some states and territories, a sentence of imprisonment may be...
read more >>In Australia, privacy law is regulated by legislation at commonwealth, state and territory levels. This includes the commonwealth Privacy Act 1988 and the Freedom of Information Act 1982. These acts are designed to protect the privacy of individuals by...
read more >>An eligible person may challenge a will in the Supreme Court in a situation where there is doubt that the will is legally valid. A will may be challenged for a range of reasons and the process for challenging a will is different in each state and territory....
read more >>When a person contests a will, they dispute the fairness of the will’s provisions. This is different from challenging a will, which occurs when there is doubt that a will is legally valid. Each state and territory has different legislation around contesting...
read more >>An executor is a person who is nominated in a will to administer the deceased estate. It may be a solicitor, accountant or a family member of friend of the deceased. The executor administers the estate, distributing assets and discharging debts. It can be a...
read more >>On 21 September this year, Western Australia became the final Australian jurisdiction to fully decriminalize abortion. With the passage of the Abortion Legislation Amendment Bill 2023, laws on abortion in Western Australia now include abortion ‘on demand’...
read more >>In Australia, for a will to be valid, the testator must have had testamentary capacity at the time the will was made. This means that they must have been of sound mind and capable of understanding the effect of the will. This page deals with testamentary...
read more >>In Victoria, traffic offences are governed by the Road Safety Act 1986. Section 18 of that act makes it an offence to drive without a licence. The penalties that apply to this offence vary depending on the situation. This page deals with driving unlicensed in...
read more >>In New South Wales, drivers incur demerit points if they commit driving offences. These points are recorded against the driver’s licence in addition to the imposition of a fine and sometimes a term of imprisonment. The demerit point system is designed...
read more >>A restricted licence is a driver’s licence that is issued to a person who has been disqualified from driving for traffic offences but needs to continue driving for limited purposes. In Queensland, a restricted driver’s licence may be issued to a person...
read more >>In Western Australia, traffic offences are governed by the Road Traffic Act 1974. That act contains offences relating to careless driving, reckless driving and dangerous driving. A person who is charged with one of these offences may be found guilty of...
read more >>Family law orders are binding on all parties regardless of whether they are made on a final basis or on an interim basis. It is a serious offence to breach an order without a reasonable excuse. If a party breaches a family law order, the other party has...
read more >>When a married couple or a de facto couple separates, an application may be made to a court for property orders. These are orders adjusting the distribution of assets between the two parties in a way that is fair and equitable. An application for property...
read more >>When parents separate, it is often necessary to put in place formal arrangements about where the children are to live and who is to be legally responsible for them. This can be done by agreement between the parents or by applying to the Federal Circuit and...
read more >>Any document that is filed in a family law matter is required to be served on all other parties. There are different rules for service of different types of documents. Some documents must be served personally while others are permitted to be posted or emailed...
read more >>Divorce is the legal process used to end a marriage. The Federal Circuit and Family Court of Australia and the Family Court of Western Australia are the only courts that can grant divorces in Australia. This page provides information about getting a divorce...
read more >>In Western Australia, a person who is caught drink driving may receive an infringement notice and incur demerit points, or they may be summoned to attend court. Drink driving offences are punishable by significant fines, terms of imprisonment and periods of...
read more >>A ‘letter of demand’ is the legal term for a letter that is sent to a party that owes another party money. A letter of demand is usually sent as the final step in attempting to recover funds that are owed prior to commencing legal proceedings. This page...
read more >>When a person is caught drink driving in the ACT, they must appear before the Magistrates Court. The court may impose a fine and a disqualification period, or even a term of imprisonment. The amount of the fine and the length of the disqualification period...
read more >>In Victoria, a person who is caught drink driving will face very harsh penalties including significant fines, periods of licence disqualification and even terms of imprisonment. Everyone who is found guilty of a drink driving offence in Victoria is also...
read more >>In New South Wales, a person who is caught drink driving faces a fine, a period of licence suspension and a possible term of imprisonment. This article deals with the penalties and procedures for dealing with drink driving offences in New South Wales. Court...
read more >>In Queensland, a person will be charged with an offence if they are caught operating a vehicle on a public road or road-related area while under the influence of alcohol, or with a blood alcohol content (BAC) that is higher than the maximum prescribed BAC for...
read more >>Lawyers are often asked whether it is lawful to photograph someone without their permission. In this era of social media, it is very common for photographs to be taken and circulated without the subject’s permission. Some of these images may even have been...
read more >>A tort is a civil wrong that is done to one party by another and that causes the victim to suffer harm or loss. The claimant in a tort matter may sue for damages or other forms of relief. Many torts are created under the common law, but there are also...
read more >>The civil standard of proof is ‘on the balance of probabilities’. This standard of proof is codified in the Commonwealth Evidence Act 1995 and in the Evidence Acts of some of the states and territories. This page outlines what the civil standard of proof...
read more >>In simple terms, a contract is an agreement between two or more parties based on offer and acceptance. A contract may be in a written form, or it may be oral. For a contract to be valid, six elements must be present. This article deals with contracts in...
read more >>Conveyancing is the legal process of transferring ownership of real estate from one party to another. It involves a series of legal and administrative steps to ensure a smooth and valid transfer of property rights. Conveyancing can be complex so it is...
read more >>Before 1986, all babies that were born in Australia were automatically Australian citizens. However, today, when a child is born in Australia to parents who are non-citizens, the immigration status of the baby depends on the type of visa or status enjoyed by...
read more >>Deportation from Australia and removal from Australia are the two ways that a non-citizen can be forcibly removed from the country. An order for an Australian permanent resident’s deportation can be made under section 206 of the Migration Act 1958. In...
read more >>All applicants for Australian visas must pass the character test prior to the visa being granted. The character test exists to ensure that all entrants to Australia are of good character and do not pose a danger to the community. The test is set out in...
read more >>Most applicants for Australian visas must fulfil the Migration Health Requirement before they will be granted a visa. The Migration Health Requirement involves different criteria for health assessments, which are determined by the length of the proposed...
read more >>When a person is charged with a criminal offence, they are entitled to plead not guilty. The prosecution bears the burden of proving that an accused person is guilty beyond a reasonable doubt. This page deals with pleading not guilty to criminal offences in...
read more >>A person may be required to give evidence in a criminal matter in a number of situations. This includes where the person is the alleged victim of the offence, where they were involved in the events in some way or where they simply heard or saw something that...
read more >>Whenever a person is attending any court in Australia, they must be mindful of the rules of court etiquette. This is the case regardless of whether they are attending court as an accused person, as a witness or only as an observer. If a person does not show...
read more >>The criminal standard of proof is ‘beyond a reasonable doubt’. This is the highest standard of proof in our judicial system. This page outlines what the criminal standard of proof entails. Different standards of proof Our legal system has two different...
read more >>In many cases, when a person is charged with a criminal offence, they may want to finalise the matter quickly by pleading guilty. This is especially likely to be the case if the offence is minor and the situation is relatively uncomplicated. However, before...
read more >>Employees in Australia are covered by legislative protections at both federal and state/territory level. The national employment laws are contained in the Fair Work Act 2009, as well as in anti-discrimination legislation and in the common law. This page...
read more >>When an employee who falls under the national workplace relations system is unfairly dismissed from their employment, they may bring a claim under the unfair dismissal provisions of the Fair Work Act 2009. However, if a dismissal is a ‘genuine...
read more >>Whenever a person carries out work for someone else, it is important for both parties to be clear about the legal status of the working relationship. In some situations, when a person is engaged to carry out paid work, they have the status of an employee. In...
read more >>A common issue that arises in employment law is unlawful dismissal. Unlawful dismissal occurs when an employee is terminated under circumstances that have been expressly made unlawful. This includes termination based on discrimination on a prescribed ground...
read more >>Empowering Small Law Firms: Taylor Rose’s Innovative Consultancy Business Model In the ever-evolving landscape of the legal industry, small law firms are seeking innovative ways to enhance their efficiency, scale their operations, and increase...
read more >>The age of criminal responsibility is the minimum age that a person can be arrested, summonsed, charged with, and found guilty of a criminal offence. Up until 1 August 2023, the age of criminal responsibility was 10 in all Australian states and territories....
read more >>The Family Law Amendment Bill 2023 passed the House of Representatives in May and is currently before the Australian Senate. The Bill was drafted based on the recommendations of the Australian Law Reform Commission’s Final Report No 135 and seeks to...
read more >>On 24 August 2023, the Queensland government passed an ‘urgent’ amendment to the Youth Justice Act 1992, making it lawful for young people who have been refused bail to be detained in police watch-houses indefinitely. The change has caused widespread...
read more >>One of the UK’s top law firms, Taylor Rose MW (“Taylor Rose”), is entering the Australian legal services market, partnering with the Australian firm, GTC Legal (“GTC”), to expand its successful legal consultancy model down under. Launching the...
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