Legal Updates and FAQs

Our experienced legal team here at Adams & Partners Lawyers has compiled a series of articles and Frequently Asked Questions that will answer a lot of your questions and help you to better understand your own rights and obligations.

If you have any further questions, or would like to speak to a lawyer about a particular legal problem, don't hesitate to send us your enquiry now. We would be happy to discuss any issue in more detail with you.

I’ve been in a car accident! What next? A Checklist

So, you’ve been in a car accident with another driver on the road? This checklist will be able to guide you through what to do next. Checklist Record the other ...
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Homesafe Wealth Release vs Reverse Mortgage

There are a number of products on the market aimed at allowing people over the age of 60 to obtain access to money by using the real estate property that ...
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I’ve been injured at work! What next? A Checklist

So, you: Walked down some stairs and twisted your ankle? Lifted an object and hurt your back? Performed the same movement for years and are starting to feel pain? Have ...
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Personal Injury- Recent Changes

It is clearly important that any injured person obtains expert legal advice before actually making a claim. If you lose the claim in Court, they can order the injured person ...
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Injured on Private Property

What is private property? Private property is generally owned by either an individual person or corporation, examples of private property is a residential home or business premises. What is public ...
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Inheritance received after separation in Family Law Property

When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held ...
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Separating? Separated? Divorced? Time to think about estate planning!

It can be extremely stressful when you separate from a spouse or partner that you have been with for several years. There are many things that you may need to ...
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Changes to Personal Injury in NSW

On 11 August 2020, the Personal Injury Commission Act 2020 (NSW) (the Act) received Royal Assent after it passed both houses of the New South Wales Parliament. The purpose of ...
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Parental Alienation- Family Law

Parental Alienation is a common issue in family parenting disputes, broadly speaking is refers to one parent attempting to block the other parent from the child, or in more severe ...
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Family Law Separation Checklist

When separating from your partner the to do list can be overwhelming, let alone the emotional stress of restructuring your life. Below we have provided a practical checklist of things ...
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Binding Financial Agreements

TYPES OF BINDING FINANCIAL AGREEMENTS (BFAs) Under the Family Law Act 1975 (Cth) (Family Law Act), Binding Financial Agreements (BFA) are divided into several categories – those relating to marriages ...
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Do I pay transfer (stamp) duty to transfer my property after a separation or divorce?

You may be exempt from paying transfer duty after a relationship break-up. To apply for the exemption, you must be able to provide to Revenue NSW a Court Order made ...
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Transfer (Stamp) Duty Changes for First Home Buyers

The NSW government has announced as part of the NSW Government COVID- 19 Recovery Plan that the threshold for stamp duty paid on new homes for first home buyers will ...
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Unfair Dismissal – What is the timeframe to bring an unfair dismissal claim

Tran v Littlewoods Services Pty Ltd [2020] FWCB 814 29 May 2020 An accountant has learnt the hard way the importance of bring an unfair dismissal claim within 21 days ...
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Unfair Dismissal – Employees and Rights to Privacy

Jeremy Lee v Superior Wood Pty Ltd [2019] FWCB 2946 1 May 2019 In today’s work environment employees are now more likely to be tracked and measured (think cctv cameras ...
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Unfair Dismissal – The Gig Economy Worker and Unfair Dismissal

Gupta v Portier Pacific Pty Ltd & Uber Eats Australia Pty Ltd [2020] FWCB 1698 21 April 2020 Nearly everyone has had an exposure to the gig economy.  From online ...
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Another Decision Affecting Your Casual Workforce

On 20 May 2020, the Federal Court of Australia made a decision that solidifies and upholds the key principles enunciated in the landmark case of WorkPac Pty Ltd v Skene ...
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Redundancy & COVID-19 – What Happens if Your Business Cannot Pay?

Coronavirus COVID-19 has had a big impact on Australian and international businesses with many now struggling to keep their doors open. For many, they have had no choice but to ...
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What is workplace bullying?

Bullying in the workplace is governed by provisions in the Fair Work Act, which defines the scope of what constitutes workplace bullying, and also explains the grounds upon which a ...
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Process of purchasing a property

1. Decide to Purchase Before you commence looking for a home: Make a list of the features you are looking for in a property; Speak to your lender regarding how ...
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Transfer Duty

A common question that is asked is when is my transfer duty (also referred to as stamp duty) payable? In New South Wales transfer duty is payable the earlier of ...
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Owner-Builders Beware!

Did you know that if you are an Owner-Builder, you will need to ensure you receive a Home Building Compensation cover (for each component of work that is $20,000 and ...
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Can a Business Legally Refuse a Cash Payment?

In a world functioning in an increasing digital age, transactions paid by bankcard are becoming the popular preference, particularly for members of younger generations. With the rise of COVID-19, the ...
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Process of Selling your Property

1. Decision to Sell You decide to sell: You appoint a real estate agent; You sign an agency agreement. 2. Preparing the Contract for Sale of Land At this point, ...
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Why do I need a proper Will?

Many people say they “don’t need a will” or “I’ll just get a will kit”, without realising the important consequences of not having a will. For persons in NSW, if ...
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Default Listings: Key Things Every Business Must Know

For many businesses, registering a default listing against a debtor with a credit reporting agency is common practice and assists in the debt recovery process. However, many businesses are not ...
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Disclosing a Murder or Drug Misuse

An agent must not fail to disclose a “material fact” that the agent knows or our should have taken reasonable steps to make themselves aware of. (An agent should take ...
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Police Search Warrants- May 2020

The High Court has recently dealt with two high profile cases relating to the validity of Search Warrants.  The Australian Federal Police used these Warrants to search either the home ...
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What do you mean my informal Will isn’t valid?

At Adams & Partners Lawyers, we assist our clients with a range of legal services. However, one of our most thriving and knowledgeable areas is our Wills and Estates Team. ...
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Buying a Property Subject to Probate or Letters of Administration – May 2020

What is a property sold subject to Probate or Administration? Buying a property subject to Probate or  Administration is when a property is listed for sale and sold without the ...
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Changes to signing legal documents in NSW- May 2020

As a result of the restrictions placed on people during the Covid-19 crisis, the Government has amended the law to allow for the witnessing and signing of documents by audio ...
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Coronavirus (COVID-19) Changes to the Law in NSW

The NSW Government passed the COVID-19 Legislation Amendment (emergency Measures) Bill 2020, in response to the unprecedented times that the country and world are facing. There is some confusion surrounding ...
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COVID-19 and the Leasing Code of Conduct

Introduction In light of the global pandemic of Coronavirus (COVID-19), the Australian Federal Government, along with the State and Territories have imposed significant restrictions to prevent the spread of COVID-19. ...
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Unconscionable Conduct with Retail Leases in NSW

In these difficult times where unusual conditions have been created by restrictions imposed by the Government as a result of the Corona Virus crisis, anyone who is adversely affected by ...
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Signing the Contract to Purchase Real Estate Before You See a Lawyer

It is not unusual for purchasers to be asked to sign a Contract and to pay a deposit at the Agent’s office either on a weekend or at night before ...
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Family Law and COVID-19

The impact of COVID-19 and the restrictions imposed on people by the Federal and State Governments has had an impact on how the Family Law System operates. Operation of Family ...
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Coranavirus (COVID-19) and Australian Businesses

The official government advice that is being given at the moment is that the best that the government can hope to do is “flatten out the curve” or limit the ...
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COVID-19 (Coronavirus) & Estate Planning

The coronavirus (COVID-19) pandemic is gripping the Australian nation and creating a plethora of issues for businesses throughout the country. However, individuals are also worried about the ways that they ...
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Will Covid-19 impact your business?

With Covid-19 (or coronavirus) now declared a global pandemic, one cannot help but to consider the potential impact on the economy with entire sectors now at risk. If you are ...
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Jordan Springs and Llandilo Land settlement issues

You may have read recently in the Daily Telegraph (9 January 2020 & 5 March 2020) that there huge concerns of the land settling or land subsiding in the Jordan ...
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Transfer Duty (formerly Stamp Duty) Exemptions and Family Law

Transfer duty is payable on property transactions in NSW. It is administered by Revenue NSW. Transfer duty is payable when you buy: Property Investment property Vacant land or farming property ...
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Fencing Disputes “Good Fences Make Good Neighbours”

When buying a property, you often look to the location, views, amenity and the structure of the house.  What is often overlooked is the fence dividing the property with the ...
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PPSA 101 – Security Interests and the PPSA

What is a Security Interest? A security interest is an interest in personal property.  Personal property includes goods or collateral other than real estate such as inventory, plant, equipment, vehicles ...
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Land Tax Threshold 2020

The general land tax threshold for the year 2020 is $734,000.00. Whether you need to pay land tax on your property depends on:- The type of property; What the property ...
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New Requirements for off the plan Contracts entered into after 1 December 2019

An off the plan purchase is where a property is sold without the lot being created at the time the Contract was entered. From the 1 December 2019 Vendors are ...
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Intoxication as defence – “But I was drunk?”

The expression of “liquid courage” is something that is often heard by criminal lawyers. It is heard when people find themselves in difficult situations because they had been out drinking. ...
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NSW Home Building Disputes in 2020

On 1st February 2012, the NSW State Government amended the Home Building Act 1989 (Home Building Amendment Act 2011) as it relates to the period for a Home Owner to ...
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NSW Business Structures in 2020

Do you operate a business, or perhaps you are considering starting or buying a business in Penrith, Parramatta, Hawkesbury or Sydney? There are many different ways you could structure your ...
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Drink Driving – Is the roadside test accurate?

If a person is arrested for drink driving, there are 3 standard categories which they can be placed into. These categories are low range, high range and mid-range. However, it ...
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What can you take with you when you sell your property?

Unless the Contract is marked about a particular item staying at the property, you can generally take items that are easily moved and don’t cause any damage to the property ...
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When Does My Development Consent Expire And Is It Important?

What is a Development Consent? A Development Consent is a valuable asset.  The terms of the Consent is governed by the Environmental Planning and Assessment Act and by the conditions ...
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Signing a Contract Before Seeing Your Lawyer

Often pressure is put on the purchaser to sign the Contract on the property they have found and to pay a deposit at the Agent’s office on a weekend, or ...
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HELP! I’ve received a Bankruptcy Notice!

What is a Bankruptcy Notice? A Bankruptcy Notice is a formal demand issued by a Creditor (person owed money) against a Debtor (person who owes money) for payment of an ...
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Asset Preservation Orders (Freezing Orders)

An Asset Preservation Order (also known as Freezing Orders) is an interlocutory order (a temporary or provisional order, given during the course of the legal proceedings) made by the Court ...
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Food Allergy Sufferers Unite!

CALLING ALL FOOD ALLERGY AND ANAPHYLAXIS SUFFERERS! Recently the Commonwealth Government announced a parliamentary inquiry into allergic diseases. This parliamentary inquiry will be undertaken the Standing Committee on Health, Aged ...
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Variations Not Under A Building Contract

CAN YOU CLAIM FOR VARIATIONS THAT DOES NOT COMPLY WITH THE REQUIREMENTS UNDER THE BUILDING CONTRACT? Yes. The building contract has a specific process that the Builder and the Homeowner ...
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A 2019 Guide to Medical Negligence

Human skills in medicine have come a long way, becoming more and more sophisticated as time has gone on. Surgery can still be a scary thought, but it used to ...
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How do I prepare my business for sale? Do I really need a lawyer?

There are many reasons why business owners choose to sell their business, whether triggered by financial hardship, business partnership disagreements, market changes or a desire for a change. Prior to ...
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The Family Law Inquiry: What is it and why should you care?

What is it? On 17 September 2019, Prime Minister Scott Morrison announced the Government will undertake a Joint Parliamentary Committee of both the House of Representatives and the Senate to ...
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The NSW Domestic Violence Register

In 2015 a Domestic Violence Disclosure Scheme was introduced in New South Wales. This scheme was based on a scheme introduced in the United Kingdom known as “Clare’s Law. The ...
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Do I Need A Commercial Or Retail Lease?

A Lease is a contractual agreement between a Landlord (also known as a Lessor) and a Tenant (also known as Lessee). This agreement governs the relationship between the Landlord and ...
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Building Law in Penrith, Parramatta & Hawkesbury

Adams & Partners Lawyers (“APL”) provides specialist advice on building law in the Penrith, Parramatta and Hawkesbury areas. APL operates legal offices in both Penrith and Parramatta. A topic that ...
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Franchising Update Disclosure Obligations 2019

Introduction Anyone who has a passing interest in franchising will know that the Franchise Sector is under scrutiny.  This article focuses on three issues where the Disclosure Obligations of Franchisor’s ...
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Do I need probate if I’m from Penrith?

In areas such as Penrith, Parramatta and the Hawkesbury, many individuals in their lifetime will be made an executor of an estate.  If you do not know what this means, ...
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What if your spouse changes their will after you die?

Couples often make wills which are similar to each other because they agree as to who should inherit everything after both of them have died. However, problems can occur because ...
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Kraft Cheesed off with Bega: Another reason to engage in Brand Protection!

In a long running Federal Court battle Bega Cheese has won the rights to use the yellow lid, yellow label and a blue or red peanut shape. In 2018 Kraft ...
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What is a deposit bond?

Deposit bonds are a substitute for the cash deposit you need to pay when buying a home. The deposit bond acts as an insurance policy that guarantees the purchaser will ...
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What to do when you’re served with an AVO?

Being served with an Apprehended Violence Order (AVO) is both confronting and intimidating. First and foremost, it is important for any defendant to seek legal advice. Each persons set of ...
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Brand Protection 101 – The Starting Point

What Is A Brand? Your brand is the name, the images and the “look and feel” you use to describe your business, yourself or your goods and services. Brands are ...
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Your Questions Answered – Termination of a Residential Building Contract in NSW

Here are some of the common questions we get asked about terminating a residential building contract in NSW: Q: Can an Owner terminate/cancel a Building Contract after it has been ...
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Could Social Media Could Effect The Outcome Of My Case?

It is now a social norm to post about your life and share your opinions and stories on social media platforms, particularly Facebook, Instagram and Twitter. Unfortunately, placing your life, ...
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2019 Drink and Drug Driving Laws

New laws (The Road Transport Legislation Amendment Bill 2018) now allow Police to issue an on the spot Licence suspension for up to three (3) months. The Police has discretion ...
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First Home Buyers – Things Western Sydney buyers need to know!

Are you purchasing a property for the first time? If the answer is yes, you may be entitled to apply for a concessional rate of stamp duty or even an ...
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Enduring Guardian vs Advanced Care Directive – What do I need?

At Adams & Partners, we pride ourselves on helping you plan for the future. One of the most common ways that we do this is by helping people like yourself ...
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E-conveyancing compulsory from the 1st July 2019

From 1 July 2019 all standard NSW property transactions are to settle electronically. This means if you are selling or purchasing a property and it settles after the 1 July ...
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Australian Law Reform Commission (ALRC) – Recommendations for Family Law System

The ALRC commenced an inquiry into the Family Law system on 27 September 2017. The Final Report was delivered on 31 March 2019. The primary recommendations of the ALRC were: ...
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Franchising Update: Jump Swim School, The ACCC and Freezing Orders. What Now?

Introduction All Jump! Swim School franchisee need to be aware of the recent Federal Court decision involving the Jump! Swim School (Australian Competition and Consumer Commission v Campbell [2019] FCA ...
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Contractor or Employee? 

Companies often express a desire to engage workers as contractors, not employees. The economic benefits to any company in engaging contractors rather than employees can be substantial. Many companies, whether ...
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Should a parent have overnight time with young children?

It is a common question in most Family Law matters, whether a child should spend overnight time with the non-resident parent. Studies have been conducted trying to address three important ...
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Residential Building Appeals in NCAT

Introduction Appeals from a NCAT Decision involving Building disputes are normally dealt with by way of on internal appeal to the NCAT Appeal Panel; Appeals need to be filed within ...
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Franchising Update – Marketing Funds When the Franchisor Goes Bust

Introduction Most Franchise systems require a Franchisee to pay a variety of fees. In addition to the Initial Franchise Fee and on-going royalties it is usual for a Franchisee to ...
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Criminal Sentencing 2019

In late 2018, the penalties able to be imposed by the Local Court of NSW changed. When a party pleads guilty to an offence, the Court has a number of ...
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Building Disputes with Home Owners or Builders

Building Disputes with Home Owners or Builders   Home Owners If you get into a building dispute with your Builder, prior to making an application in the NSW Civil and ...
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International Surrogacy – Look before you leap!

International Surrogacy has once again been put in the media spotlight, after recent events, such as the arrest of multiple women in Cambodia on the charge of human trafficking and ...
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Are you lending money to a family member to purchase a property?

It is common for family members to enter into a Deed of Loan when lending money to a party purchasing a property. One of our recommendations to coincide with a ...
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Ban on Cross Examination in Family Law Domestic Violence cases

The Family Law Act was recently changed. These changes were to ban personal cross-examination in family law proceedings involving allegations of family violence. This new legislation only applies in specific ...
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AfterYAY or AfterNAY for AfterPAY?

In recent years, Afterpay has taken Australian shoppers by storm. It is now easier than ever to get that outfit, book that flight or go on that adventure and pay ...
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Are your causal employees really casual?

WorkPac Pty Ltd v Skene [2018] FCAFC 131 What’s the case all about? A recent Full Federal Court (‘Court’) decision may have major implications for employers and labour hire companies ...
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Is my claim for a debt statute barred?

Contractual relationships govern most of our daily interactions and over the course of our lives most of us will enter into a contract either as an individual or business. In ...
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Complying with Family Law Orders

Have you recently been through a family law settlement in relation to children or property? Have you obtained property or children’s Orders from the Court? If so, it is important ...
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FAQs – Building Law 2019

At Adams & Partners Lawyers we have a specialist team of Building Lawyers that can assist you with any building matter whether as an Owner or Builder, including but not ...
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Do you know the latest in franchising? The Operation & Effectiveness of the Franchising Code of Conduct Report

The Operation & Effectiveness of the Franchising Code of Conduct Report Introduction The Parliamentary Joint Committee on Corporations and Financial Services has released their report entitled “The operation and effectiveness ...
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Land Tax Reminder – 31 March 2019!

31 March 2019 is the deadline to register for land tax and surcharge land tax. Whether you need to pay land tax on your property depends on:- The type of ...
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Can you Throw Out your Ex’s Property?

When a couple separate it is usually the case that one party leaves the home and takes what they can fit in a suitcase. This leaves the other party with ...
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Have you been unfairly dismissed?

Unfairly dismissed. This is a term that can get thrown around quite easily, but what does it actually to mean to be ‘unfairly’ dismissed? Adams & Partners Lawyers have extensive ...
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Is Your Business Compliant with Australian Workplace Laws?

Developing and maintaining a great workplace culture is underpinned by legal compliance. If workplace laws are not followed, employees will justifiably feel deceived, and be unmotivated to do the job. ...
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The Importance of a Good Bullying and Harassment Policy

Companies in Australia owe a duty to provide a safe working environment free from bullying and harassment. This applies to not only employees, but anyone who has a relationship with ...
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First Home Buyers Entitlements

The New South Wales Government introduced a new State Budget from 1 July 2017, which included the First Home Buyers Assistance Scheme. The new scheme means that first home buyers ...
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Updated Conveyancing (Sale of Land) Regulations

From 1 September 2017 three major changes were introduced into the Conveyancing Regulations, Schedule 1, being the documents which must be attached to a Contract for Sale of Land. Sewer ...
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The New CTP Scheme and its Affect on Compensation Claims

As of 1 December 2017, new legislation by the State Government overhauled the existing CTP scheme, providing major changes to motor accident compensation claims. We provide this article to assist ...
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Estate Planning – Basics – What is a Will?

At Adams & Partners we can answer all of these questions and are here to help make the estate planning process as easy as possible. What is a Will? The ...
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Employment Law – Update – Increased Penalties for Employer Breach of the Fair Work Act

Introduction 1.   There has been much publicity recently concerning the 7 Eleven franchise system and its franchisee’s alleged underpayment of wages to employees. The coverage has been devastating for ...
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Franchising – Due Diligence Issues – Supplier Rebates

One of the important issues to consider when buying a franchise is the issue of Supplier Rebates. What is A Supplier Rebate? A "Supplier Rebate" is a payment or financial ...
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Estate Planning Basics – Superannuation Proceeds Trust

With Superannuation forming a large part of the asset base of Australians, the passing of accumulated Superannuation Death Benefits (particularly when supplemented with any Life Insurance contained within a Super ...
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Estate Planning Basics – Binding Death Benefit Nominations

  Superannuation is a fundamental component of the retirement planning of all working Australians. One aspect of Superannuation that must be considered is what happens to your Superannuation Benefits in ...
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2017 Criminal Law Cases #4

RMS licence appeal – Penrith Local Court We acted for a young lady who was to be suspended by the RMS for accumulation of demerit points. We advised of her ...
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2017 Criminal Law Cases #3

Mid Range PCA – Fairfield Local Court Our client had returned a reading well into the mid range following a day of wine tasting with his partner who was also ...
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Legal Funding Now Available for Review Of A Work Capacity Decision

Fundamental changes was made to workers compensation legislation in June 2012. In particular this included a provision that a lawyer was not entitled to be paid or recover any costs ...
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2017 Criminal Law Cases #2

Common assault occasioning actual bodily harm – Penrith Local Court Our client was going through a very difficult period following the breakdown of his marriage and had a physical altercation ...
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The End of Weekly Payments For Injured Workers

Radical changes were made to workers compensation legislation in June 2012. Importantly, this included a provision that weekly payments of compensation will cease to be paid to an injured worker ...
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2017 Criminal Law Cases #1

Driving with a prohibited drug x2 - Moss Vale Local Court Our client was a young man who had been charged with two separate offences of driving with prohibited drug ...
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What to do if you are injured at work

  Has this happened to you at work? You are walking down some stairs and twist and hurt your knee; You lift a box that is much heavier than you ...
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Unfair Contract Terms – What Does It Mean?

In our last article about “unfair contract terms and small business” we set out the new unfair contract regime that will apply to business to business contracts (B2B) from November ...
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What to do if you are Injured in a Motor Accident

If you are injured in a motor accident and you consider that it is caused by the fault of another driver, including the driver of the car that you are ...
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Shareholders and Partnership Agreements

Someone said to me once that there is no such thing as a perfect relationship, and no matter how good things are, at one stage, one partner will not be as ...
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Due Diligence For Small Business – When Buying A Franchise

What is due diligence? Doing your “homework”, “doing a bit of research” or “no idea whatsoever” are various descriptors of due diligence by participants in the SME space[1]. This paper ...
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Dealing with a "Show Cause Notice" from NSW Fair Trading

NSW Fair Trading can issue a show cause notice to builders, traders, electricians, plumbers and real estate agents. It is very important to respond to these notices as they can ...
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Managing your debtors

Debtors – we’ve all got a few of them! Customers owing money are becoming more common these days, especially in the current climate. A failure to manage your debtors can ...
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Have you reviewed your Will lately?

Admittedly, Wills and Estate Planning isn't a particularly inspiring topic. That being said however, it is an important matter to consider - if not for yourself, then for your loved ...
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Adams & Partners Lawyers looking to hire a Conveyancing Secretary with experience

The Conveyancing Team at Adams & Partners Lawyers Penrith are looking to engage a Conveyancing Secretary that has at least 2 years experience. If this interests you, have a look ...
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Alternatives to Prison – Home Detention Orders

A Home Detention Order is an order that considered as the final alternative to full time imprisonment. This order confines the offender to an approved residence to serve their sentence ...
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New Laws affecting Sunset Clauses – Off the Plan Contracts

The New South Wales Government has recently introduced an amendment to the Conveyancing Act 1919.  The amendment includes Section 66ZL into the Act.  The section has been introduced to protect ...
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Unfair Contract Terms – Small Business & Franchise Agreements

Under the Australian Consumer Laws (the “ACL”) there are laws prohibiting unfair contract terms in consumer contracts.  From November 2016, the unfair contract regime will now extend to small business contracts. ...
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Surrogacy in New South Wales

What is Surrogacy? Surrogacy refers to the process where a woman carries a pregnancy and gives birth to a child on behalf of another person or a couple. Surrogacy can ...
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Mandatory Interlock Program

The Mandatory Interlock Program came into force from 1 February 2015. All licences are included under the program including cars, motorcycles, heavy vehicles, boats etc.  Participation in the Mandatory Interlock ...
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Building and Construction – FAQs

Questions Asked By Builders Q - Do I need a contract when I build a new home or carry out renovations or extensions for an owner? A. - Yes. It ...
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Trade Marks and your business – Some Frequently Asked Questions

You are undoubtedly aware that Trade Marks are important to your business - but all the same, I get a lot of enquiries about exactly what they are and why they ...
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Frequently Asked Questions about Divorce

We get a lot of questions about this topic - and no wonder too. In 2014 alone there were 46,000 divorces in Australia! It is an unfortunate and often exhausting ...
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Termination of Building Contracts – Take Care!

Get the right advice!  A recent decision of NCAT Appeal Panel raises the importance of obtaining correct legal advice prior to termination of a Building Contract.  In the decision of ...
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Enforcement of Judgments

I have previously written in the past about the debt recovery process on our blog - if you've read it, I hope that you found it helpful.  If you are successful in ...
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Strata Laws – changes are coming!

If you own or rent a unit or townhouse you will most likely be affected by changes to strata legislation coming into effect mid 2016. The NSW Government has made ...
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New laws against under-quoting by real estate agents

Due to reforms made by the NSW Government, when marketing a residential property from 1 January 2016, agents must ensure the following: The estimated selling price must be provided in the ...
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Hands off that mobile phone while driving! New penalties for learners and P1 drivers from 22 January 2016

Hello all! Did you know that from 22 January 2016, learners and provisional P1 (red Ps) licence holders are not permitted to use a mobile phone AT ALL (regardless of ...
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Solicitor Agent Services – All Courts in Penrith, Sydney, and Parramatta

Are you engaged to attend a directions or other minor call-over matter which is out of your way? Adams Partners can assist with that. With experienced litigators based out of ...
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Compensation Update by John Isaksen – Mandatory Reporting of Legal Costs in Motor Vehicle Accidents

As of 1 October 2015 it is a mandatory requirement for all solicitors in NSW to disclose to the State Insurance Regulatory Authority (SIRA) a costs breakdown upon the finalising ...
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Swimming Pool Compliance

Due to changes in the Swimming Pools Act 1992 (NSW), from 29 October 2013, swimming pools and spas will be required to be registered via an online register of pools. This ...
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Compensation Update with John Isaksen – Lump Sum payment for permanent impairment

In our previous article we referred to a recent decision of the NSW Court of Appeal which bars an injured worker who received a lump sum payment for permanent impairment ...
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Compensation Update with John Isaksen – Compensation when an injured worker's condition has deteriorated

The substantial changes that were made to Workers Compensation Legislation in 2012 included provisions that an injured worker is only entitled to a lump sum payment for impairment if that ...
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An Introduction to Trade Marks

A trade mark - sometimes called a brand - can be your most valuable marketing tool. It is a way to associate your product or service to your business. A ...
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Adams & Partners Lawyers joins the Parramatta Chamber of Commerce

Adams & Partners Lawyers has joined the Parramatta Chamber of Commerce. Kenneth Ti of our office was present at the Parramatta Chamber's monthly "Business After Five" event, where he was ...
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Beware Statutory Demands!

Don’t ignore letters of demand issued by your creditors – particularly if they are a certain type called a “Statutory Demand”. These demands can be issued to companies and the ...
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"What is a Franchise Agreement?" – A reminder after Workplace Safety Australia v Simple OHS Solutions Pty Limited

I often receive calls from new clients seeking advice as to how they can expand their business.  Of those, I am often asked whether their plans may be a franchise. ...
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A brief summary of the various stages of the debt recovery process

The debt recovery process can be long, complicated, and stressful. We lots of questions about the process from our clients, trying to make head or tail of it. We've put together a ...
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Disclosure Documents – The Importance of Being Earnest and Current

Franchising, as a way of doing business, can be very financially rewarding. When things go wrong though, the source of the problem can often be traced back to the beginning, ...
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Stamp Duty Exceptions when Separating

Have you recently separated and are going through property settlement? Do you have real estate? Did you know that you are not required to pay stamp duty if you are ...
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New Franchising Code of Conduct from 1 January 2015

From 1 January 2015, the current Franchising Code of Conduct (called the “Code”) will be repealed and replaced with a new Code. The Code was first enacted in 1998 as ...
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Peter Adams restores his client's building license

Mr Peter Adams scored a win in May this year when he assisted his client in recovering his building license.  Names have been removed in this article.  A licensed builder since ...
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Building Law – Oral Contracts

The Law recognises oral (parole) contracts and will enforce those contracts subject to the principles of parole evidence. The Courts recognise that a contract can be in writing, partly in ...
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Prescribed Concentration of Alcohol and Drink Driving

Under the Road Transport (Safety & Traffic Management) Act 1999 Police have the power under Section 13 of that Act to conduct random breath tests to eliminate Drink Driving. The ...
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Changes for Workers Compensation in NSW

  The New South Wales Liberal Government has recently advised that the New South Wales Workers Compensation Scheme is in deficit to the tune of $4 billion. It has been ...
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Retail Leases Act

Following a Federal Government initiative to harmonise retail shop disclosure statements, a new disclosure statement has been introduced across Australia’s eastern seaboard in Queensland, Victoria and New South Wales. Landlords ...
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Police Powers – Your rights and responsibilities

Who can arrest me and why? A Police officer can arrest you if, for example:- You are committing an offence. You have, or the officer has reasonable grounds to suspect ...
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Termination of Employment

Termination of Employment With the exception of people who are employed by the State Government, all employers and their employees in New South Wales are now covered by the (Commonwealth) ...
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Criminal Sentencing – Intensive Correction Orders

On 1 October 2010 there was a significant change to the sentencing law of New South Wales. On this day Periodic Detention ceased to be a sentencing option in New ...
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Client Involvement in the Building Works

This was a paper that was presented at the HIA Home Show at Darling Harbour on 16 May 2013. BACKGROUND Peter Adams, the Managing Director of Adams & Partners lawyers ...
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Good Faith in Franchising

From 2006-2013 there have been multiple government enquiries at a State and Federal level into franchising. Again in 2013 a Federal enquiry is currently taking place into, among other things, ...
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Franchise Law – Insolvent Franchisors

The Borders and Angus Robertson Administration should be of interest to all Franchisees. The appointment of Administrators to the RED Group has a potential impact for all Franchise business trading under ...
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Adams and Partners Lawyers Successful in Securing Payment from a Family Provision Order in Deceased’s Estate

Adams & Partners Lawyers were successful in securing a lump sum payment received out of the estate for the sister of a deceased, who was not included in the deceased’s ...
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Wills – FAQs

Q. Do I Need A Will? A. Yes. Everyone should ensure that they have a Will. In that way your property will be distributed in accordance with your wishes and ...
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Challenging an Unfair Will – FAQs

Q. Can A Will Be Contested? A. Yes. If you have been left out of a Will, or believe that the gift you have received under someone’s Will is unfair, ...
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Protecting Your Inheritance – FAQs

Q. Can I Take Action If I Believe the Executor of a Will is not Acting in my Best Interests? A. Yes. If the Executor of a Will is not ...
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Swimming Pools Amendment Bill 2012

The Swimming Pool Amendment Bill, currently awaiting enactment, provides that all swimming pools across the state are to be added to a new online registry within 12 months. Property owners ...
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First Home – New Home Scheme

From 1 January 2012, the First Home Plus Scheme will be replaced by the First Home- New Home Scheme. The amendment provides that an agreement or transfer will only be ...
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Buying a Property – Some Frequently Asked Questions

Buying a home is one of the most expensive and important investment decisions that most people will make in their lives. When you find your ideal property, contact us at ...
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The Residential Real Estate Purchase Process – A handy diagram

Following on from our sales diagram, our team has put together a handy flowchart of the purchase process for residential real estate!
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Property Enquiry Reports – FAQs

What Are Enquiry Reports? When purchasing second hand freehold and strata properties (such as units and villas) it is highly recommended that a purchaser order pre exchange enquiry reports. Examples ...
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Selling Your Property

When you decide to sell your property, whether it is a house, unit or block of land, there are many things for you to organise. Our aim at Adams & ...
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Selling Property – A handy diagram

The team has put together a handy flowchart for the sale of residential real estate. Check it out here!   
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Changes to the Federal Magistrates Court of Australia

Changes have been made by the Federal Government to change the name of the Federal Magistrates Court of Australia to the Federal Circuit Court of Australia. The Federal Magistrates of ...
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Family Law – Children’s Matters

Generally, with any dispute relating to children, the parties are required to attempt mediation before any Court proceedings are able to be commenced by either party. There are certain exceptions ...
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Family Law – FAQs

Q. Do I have to go to court to resolve my legal problem? No. A substantial amount of legal problems are resolved by agreement between the two parties prior to ...
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De facto Relationships

A de facto relationship is defined by the Property (Relationships) Act 1984 (NSW) as a relationship between two persons: Who live together as a couple, and Who are not married ...
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Divorce and You

A Divorce may be granted by the Federal Magistrates Court in the circumstances that an application has been made and you have been: Separated from your spouse for over 12 ...
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Children’s Matters – FAQs

Q. What happens if I am served with Children Court Documents? It is most important that you stay calm and do not overreact when being served with Children’s Court Documents, ...
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Going to Court for a Family Law Matter

Q. What sort of process can I expect if I go to Court? This depends on which Court your matter is listed in. The procedures in the different Courts differ ...
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Can your business afford to carry bad debt?

Businesses usually work hard to provide goods and services to others and are excited about delivering their products to their customers. However, it is surprising how many businesses forget about ...
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Section 32 Mental Health (Forensic Provisions) ACT 1990

Under Section 32 a magistrate can make an order called a "Section 32 Order". It means you don’t pay a fine or go to gaol, however you have to agree ...
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Criminal Law – FAQs

Q. I’ve just been arrested by the police. What are my rights? A. Perhaps the most important right you have is a general right to silence. There are exceptions to ...
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Changes to the Journey Claims

Workers in New South Wales No Longer Covered for Injuries Sustained on a Journey to or from Work. Widespread changes were made to workers compensation law in New South Wales ...
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Calderbank Offers

Calderbank Offers: Removing the Problem of Disproportionate Costs Orders Following a building dispute, it is common for the negligent party to submit a “Calderbank offer” to the plaintiff. A “Calderbank ...
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