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
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
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
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… Read More
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
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
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
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
It is widely known that Australia is in the midst of a terrifying Bushfire season which have had a devastating effect on our residents, wildlife and fire services and others, physically, mentally and financially. The old Australian adage about how when times are tough, mateship prevails has proven to be true and in typical fashion the people of Australia have rallied. We have seen unprecedented levels of donations well into the hundreds of millions of dollars, to assist the victims, fire services, charities and wildlife agencies.
While many of these organisations are legitimately accepting donations to assist those in need, we have also seen an increase of scammers defrauding people by claiming to be assisting those affected by the bushfire disaster.… Read More
With the devastating bush fires Australia has faced in recent times, it is a timely reminder to check and ensure that your smoke alarms are installed in accordance with the legislation and more importantly that they are in good working order. The Law in relation to smoke alarms in New South Wales is pretty clear. There is a requirement for all buildings in which people sleep to have working smoke alarms installed. Firstly, how do you make sure they are working? NSW Fire and Rescue recommend testing smoke alarms once a month (press and hold the test button) and changing the batteries every 12 months.… Read More