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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 […]
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 […]
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
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 […]
Polygamy in Australia is illegal. Polygamy refers to a person having more than one marriage at the same time. It comes from ancient Greece where the word meant “married to many” or “often married”. Legislation has been enacted that makes it a criminal offence to marry more than one person. This offence is known as […]
A common situation faced by lawyers, Police and the Courts is when a defendant or complainant asks how to get an AVO dropped. Often the defendant and protected person will have resolved the situation. Or the anger and acrimony between them has subsided. Many people think that it is as simple as the complainant saying […]
The release of the latest sexual assault sentencing statistics have revealed that three out of four offenders received a jail term. The analysis from the Australian Bureau of Statistics (ABS) assessed cases throughout Australia between 2010-11 and 2019-20. There was a total of 53,570 sexual assault offenders in that period. The average term of imprisonment […]
Going to court and having to hire a lawyer can be stressful enough so the last thing you want is your lawyer speaking to you in another language with all their legal lingo!