In the Zone? Extra points for you!

Did you know that for certain traffic and parking offences committed within a school zone you can incur an additional demerit point?

So not only will you incur the demerit points for whatever offence you committed, you may get an additional point for committing the offence in a School Zone. If that’s not enough, the fines that you will face are substantially higher for offences committed in a School Zone.

Take for example a Class A vehicle caught speeding, less than 10/km over the speed limit. This offence would usually get you a $121.00 fine and one demerit point. This offence committed in a School Zone would be a $200.00 fine and two demerit points.… Read More

Drugs and Driving

Mobile Drug Testing (MDT) has become common procedure when motorists are pulled over for a random breath test.

Some illicit substances can stay in your system for weeks after you use them and as such, drug driving offences are becoming more common.

MDT utilises technology that can detect the presence of illegal drugs such as ecstasy, cannabis, cocaine and methamphetamine. Most Police vehicles now have the capacity to test for these illicit substances roadside by way of an oral fluid swab.

If your roadside test is positive, you will be required to attend a police station or mobile drug testing vehicle to give a second sample.… Read More

Hands on the wheel, not on your phone.

After more than 100,000 NSW drivers being found to be illegally using their mobile phone during a recent pilot period of 6 months, the NSW government has now implemented Mobile Detection Cameras statewide.

The detection camera systems use technology which captures the front row cabin space of the vehicle to detect illegal phone use.

So perhaps a refresher of what is a legal use of a mobile while drive may assist.
An unrestricted driver is allowed to do the following while driving:

– Make or receive a call, however you must have the phone secured in a cradle or be able to use the phone without touching it.… Read More

Homebuilders Grant

Recently, the Australian Prime Minister announced a limited time only grant to assist homeowners with building a new home or substantially renovating their existing home.
The Homebuilder Grant will give eligible home owners an amount of $25,000.00 toward their building contracts.
The eligibility requirements for the grant are as follows:

1. Australian citizen/s over the age of 18 years old;
2. Owner/s of the land must not be a company or a trust;
3. Be an individual with a taxable income less than $125,000.00 or if you are a couple with a combined taxable income of less than $200,000.00;
4. Enter into a contract for building work after 4 June 2020 and before 31 December 2020, with construction commencing within 3 months of the contract date; and
5.… Read More

Is my inheritance safe if I have declared bankruptcy?

Bankruptcy is the legal process by which you are declared as not being able to meet your debts.
Once you are declared bankrupt a Trustee is appointed to manage and control your assets. Essentially the appointed Trustee is given the power to sell your assets as well as use any funds in your bank account(s) that are in excess of the threshold, to pay back money owed by you. Any assets that are sold or used by the Trustee makes up what is known as a bankrupt estate.
So what happens if you receive an inheritance prior to becoming bankrupt?
Much like any other funds in your bank at the time you declare or are declared bankrupt or any other asset of value, an inheritance will be used to pay back any debts you owe.… Read More

What are your legal obligations when you are involved in a car accident?

After the terrifying incident which occurred in Victoria recently, there has been more talk about what you are required to do when you are involved in a car accident.

In NSW, under the Road Transport Act 2013 it is an offence if you are driving and you fail to stop and assist after being involved in an impact which has caused injury or death. This could be impact with another vehicle, a person, or any other object. It also applies if a person is thrown from a vehicle.

Penalties for this offence are significant, with first time offences facing 18 months imprisonment and a $3,300.00 fine.… Read More

Toot, Toot, Chugga, Chugga: Do I leave them in the car?

The Wiggles are entertaining the kiddies, there is peace in the backseat and you just have to pop in to pay for petrol, surely its ok to leave the children for just a couple of minutes?

We hear stories of people leaving their children in the car all the time and some of the tragic consequences that can arise when they do. But is it an offence to leave the children in the car? Well, yes it certainly can be.

The Legislation that deals with these circumstances is the Children and Young Persons (Care and Protection) Act 1998 (NSW). Under this legislation, it is an offence for a person to leave a child or young person unsupervised in a motor vehicle in circumstances where:

• The child or young person becomes or is likely to become emotionally distressed, or
• The child’s or young person’s health becomes or is likely to become permanently or temporarily impaired.… Read More

When does a person have capacity?

Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.
There are many factors which can affect ones decision making capacity; including a number of medical conditions, disability, age, and level of education.

Under Australian Law there is a presumption that an adult has their own decision making capacity.

In addition to this, there are some documents where a specific test for capacity is required. These documents usually require that a person specifically understand the nature and effect of the documents that they are signing.

Generally, this means that a person must be able to:

• Understand the facts and the choices involved with the decision;

• Weigh up the consequences and potential ramifications of the decision;

• Make a decision free from the influence of family and without coercion; and

• Communicate their decision clearly.… Read More

“I’m so excited to be selected for Jury Service”…. said no one ever.

It’s happened. The dreaded jury service summons has appeared in your mail box and you are mentally trying to figure out how many seasons of Suits you can binge watch before you have to attend. But largely you are probably thinking… Do I have to?

If you have been summoned to serve on a jury then you are legally required to attend Court on the date provided in the summons. However there are some circumstances where you can apply to be exempt or excluded from serving.

To be excluded or exempt from jury duty means that you are not allowed to serve on a jury.… Read More

Riding in cars with Boys… and Girls.

Confused by the requirements for how to restrain children in the car? It can be quite daunting and sometimes hard to get accurate information regarding child restraints and the legal requirements for car seats.

So let us break it down for you.

Under the NSW Road Rules 2014 you must restrain a child as follows:

Age                                                         Type of restraint

0-6 months                                           Approved rear facing restraint

6 months to 4 years                            Rear or forward-facing approved child restraint with an inbuilt harness

4 years to 7 years                                Forward-facing approved child restraint with an inbuilt harness or an approved                                                                            booster seat

7 years plus (145cm or shorter)       It is strongly recommended to use an approved booster seat

7 years plus (145cm or taller)            Adult lap-sash seatbelt

Additional requirements for the above approved restraints are that they must be properly adjusted and fastened.… Read More