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Stealthing laws are a relatively new phenomenon in respect of sexual assault legislation. It has gained notoriety in recent years but there is still legal ambiguity surrounding stealthing in Australia. The ACT, Tasmania, NSW and Victoria have introduced legislation criminalising stealthing in the last year. A recent review of sexual assault legislation in Queensland recommended […]
One of the most common enquiries domestic violence lawyers receive is from defendants and protected persons wanting to vary an AVO. An Apprehended Violence Order (AVO) is a court order that is made to protect a person from the violence, harassment, intimidation or other threatening behaviour of another person. In its simplest form, an AVO […]
New proposed legislation by the State government could provide an answer to the question of how to find out if someone has an AVO. The Right to Ask scheme would allow police to disclose information about a domestic violence offender to potential new victims. However, concerns about privacy and malicious applications have been raised as […]
In NSW, police can search your car in limited circumstances. They do not have the power to stop and search vehicles at random. Some bases upon which police can search vehicles include when they are acting under a search warrant, they have the consent of the driver or they have a ‘reasonable suspicion’. Police powers […]
A common question criminal lawyers face is how to beat a drink driving charge. While many people are aware of the repercussions of drink driving, there is less knowledge about possible defences. While you may feel the only option available is to plead guilty and accept the consequences, this is not always true. How to […]
The offence of breach of bail in New South Wales is taken very seriously by police and the courts. Bail is granted with the expectation that a defendant will comply with a set of bail conditions. As such, any breach of these conditions can result in serious penalties and even the revocation of bail. What […]
An explanation of what a surety is in bail applications including requirements, who can be a surety and how to remove yourself as one
When an accused person is charged with an offence and has their liberty restricted, a common question that arises is how to vary bail conditions. You can vary bail conditions by filing an application with the court and providing the prosecution and the court sufficient notice. What is a bail variation? A bail variation is […]
NSW Mobile Phone Detection Cameras Background of mobile phone detection cameras in NSW Mobile phone detection cameras were trialled in New South Wales between January and June 2019. The trial consisted of two fixed cameras and relocatable cameras which were moved approximately every 4 days. During that trial over 8.5 million vehicles were checked and […]
Broadly speaking, there are two types of law in Australia with various differences, being criminal law and civil law. There are also similarities between the two types of law. When choosing a lawyer to represent you, it is crucial to determine whether they specialise in a particular area. Civil Law vs Criminal Law The main […]