What is Mobile Drug Testing? Mobile drug testing (MDT) is a method used by law enforcement to detect the presence of drugs in a person’s system during a traffic stop or at a random breath testing (RBT) site. How does an MDT work? During a traffic stop or at a random breath testing (RBT) site, […]
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What is Bail and How Does it Work? Bail is a process that allows someone under arrest and that prosecutors charged with a crime to gain release from custody while they await trial. However, for individuals who have a mental health condition, the bail application process can be more complicated. This is because the court
Sydney Channel 7 News broke a story on Sunday, Jan 29, 2023, about the ongoing legal battle between Daniel Keneally, son of former Premier Kristina Keneally, and Clint Foster. The story featured a quick interview with our principal solicitor Peter O’Brien outside the court. You can see the story here. Son of former premier Kristina
Clint Foster – Former Premier Kristina Keneally’s Son Facing Police Investigation Read More »
The issue of historical abuse is a complex and sensitive one that has come to the forefront of public consciousness in recent years. In New South Wales, survivors of historical abuse sought justice through various legal avenues, but the process can be difficult to navigate. It is important for individuals who have experienced historical abuse
Uncovering the Past, Seeking Justice: Understanding and Addressing Historical Abuse Read More »
The balance of probabilities is a legal standard of proof that the courts use in civil trials to determine the liability of a defendant. In Australia, this standard applies in all civil trials. What is the Balance of probabilities? The balance of probabilities can be understood like predicting the weather. In determining the liability of
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“Beyond a reasonable doubt” is the standard of proof in criminal trials. What does Beyond a Reasonable Doubt mean? It means that the evidence presented in court must be so strong and convincing that there is no other logical explanation for the events in question. In Australia, this standard is used in all criminal trials
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Self defence as a defence A complete defence to a criminal charge whereby the accused’s conduct which would otherwise be unlawful is excused on the basis that the accused was compelled to act as he or she did in the defence of self or another. (And in New South Wales (‘NSW)’, property (Crimes Act 1900
Raising the Defence: Navigating the Use of Self-Defence in Assault Charges Read More »
Robodebt To Be Probed By Royal Commission The Albanese Government has decided to hold an Inquiry into the Robodebt program initiated by the previous Government. These issues have now ultimately led to the formation of the Robodebt Royal Commission. What was the Robodebt scheme? Robodebt, formerly going under the name of Online Compliance Intervention (OCI),
Robodebt Royal Commission: What Has Happened And What Is To Come Read More »
Brief Explainer: Defences to Assault Charges We will discuss the following four defences to assault charges: duress, necessity, self-defence, lawful correction. What is duress? Duress is a particular form of the defence of necessity available at common law where an accused performed actions because of threats of death or really serious injury to themselves, or
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The NSW Supreme Court has conceded that COVID-19 fines are invalid. This has made Revenue NSW cancel more than 33o00 fines. The court found that COVID-19 fines failed to meet the legal requirements under section 20 of the Fines Act (NSW). Thus the Court deemed them invalid. Three plaintiffs went to the NSW Supreme Court
