Queensland courts that sentence offenders for criminal offences have the option of making a range of different sentencing orders under the Penalties and Sentences Act 1992. One of the available penalties is a probation order. This page deals with probation...
read more >>In family law proceedings before the Federal Circuit and Family Court of Australia, there are several stages of hearings between the initial application and the final hearing. Urgent matters are heard in interim hearings, which result in interim orders that...
read more >>One of the most fundamental common law rights in the criminal justice system is the right to silence. It is a reflection of the age-old principal that a person should not be compelled to self-incriminate about criminal behaviour. This page deals with the...
read more >>Corporal punishment is a contentious topic in Australia, with serious social, cultural and legal implications. Although corporal punishment is prohibited in schools and institutional settings, parents and guardians in every state and territory can use...
read more >>The ACT is one of three Australian jurisdictions to have passed a Human Rights Act. The ACT Human Rights Act 2004 sets out a number of civil and political rights, and a number of social, cultural and economic rights, which the ACT courts and parliament must...
read more >>A growing number of people in Australia are using In Vitro Fertilisation (IVF) to conceive a child. This form of assistive reproductive treatment can be used to overcome fertility challenges faced by both heterosexual and same-sex couples, as well as...
read more >>There are three common ways that an employment relationship can end: dismissal, redundancy and resignation. However, there is another scenario that does not fit neatly into any of these categories. A constructive dismissal (also known as ‘forced...
read more >>Labour hire is a common working arrangement in Australia. When considering labour hire arrangements, employers need to keep in mind that there are distinct legal challenges involved in this form of employment arrangement. One of the most significant...
read more >>The federal government recently made changes to the Fair Work Act 2009 aiming at strengthening work-life balance by giving employees the right to disconnect. This latest change is in line with other provisions in the Act that protect employees’ right to...
read more >>In Australia, employees sometimes have access to Employee Share Schemes (ESS), whereby they receive shares (or can buy shares at a reduced rate) in the company where they work. This type of scheme is also known as share options, share purchase plans and...
read more >>In Queensland, a person can be charged with and sentenced for a criminal offence if they are over the age of 10. Children who go through the criminal justice system are subject to similar procedures as adult defendants. However, there are some different rules...
read more >>In Australia, there is an increasing legal and social expectation that employers will foster diverse and inclusive workplaces. Diversity means having a workforce made up of people from different cultural and racial backgrounds, as well as people of different...
read more >>The term ‘industrial relations’ refers to the framework and practices that govern relations between employers, workers, and trade unions. When the topic of industrial relations comes up, it most often relates to employer obligations and employee...
read more >>From Monday 26 August 2024, many Australian employees have the right to disconnect from work when they are not on duty. This means that affected workers are not required to respond to calls or emails outside of work hours, with some exceptions. This page...
read more >>Employees of Australian companies are sometimes asked to relocate from one workplace to another. This may happen for a range of reasons. It is important for both employers and employees to be aware of the laws surrounding relocation. This page considers when...
read more >>Every worker has some cause to complain about their boss. It is common for co-workers to grumble to each other about overtime, or a worker to vent to a family member over dinner about an incident at work. While this is perfectly understandable, it is...
read more >>South Australian laws regarding renting with pets changed significantly during 2024. Landlords are no longer permitted to refuse a tenant permission to have a pet at rental premises without a valid reason. This page outlines the new laws surrounding renting...
read more >>Residential tenancy law in Victoria governs the relationship between landlords and tenants and provides a framework for the rights and responsibilities of both parties. It is governed by the Residential Tenancies Act 1997, which has recently undergone...
read more >>There are several reasons why an employer might wish to reclassify their employee from ‘permanent’ to ‘casual’. An employer may, for instance, desire greater flexibility when drawing up rosters, or find that they cannot provide permanent workers with...
read more >>In Australia, when an employer breaches the Fair Work Act 2009 or the National Employment Standards, there are consequences for the company. What is less well known is that there may also be personal liability for the directors of the company, as well as the...
read more >>In Queensland, the law governing residential tenancies is set out in the Residential Tenancies and Rooming Accommodation Act 2008. This Act contains the rights and responsibilities of landlords and tenants and the procedures for starting and ending a...
read more >>Section 94 of the Sex Discrimination Act 1984 prohibits the victimisation of an employee if they make or plan to make a sexual harassment complaint to the Australian Human Rights Commission. Victimisation means treating an employee unfairly because they make...
read more >>Australia is currently experiencing a housing crisis, with historically low rates of rental vacancies in all jurisdictions. As a result, many states and territories have made changes to their residential tenancy laws to better protect the rights of tenants...
read more >>Residential Tenancies in Western Australia are governed by the Residential Tenancies Act 1987. In 2024, the Act was reformed to better protect the rights of tenants, particularly in relation to increases in rent and the keeping of pets on rental premises....
read more >>In Australia, the Fair Work Act 2009 provides eligible employees with a workplace right to 12 months unpaid parental leave and access to 20 weeks of paid parental leave. The Paid Parental Leave (PPL) Scheme is federal financial support for working parents of...
read more >>Every business benefits from regular employment law compliance audits. An Employment Law Compliance Audit (or HR compliance audit) is a way for organisations to ensure that their workplace policies and procedures align with state and federal law and company...
read more >>Equal Employment Opportunity (EEO) is the principle that all individuals should have equal, merit-based access to employment opportunities free from harassment and discrimination. Australian employers must recognise this imperative to treat workers fairly and...
read more >>The Criminal Code 1899 contains a number of sexual offences against adults in Queensland. Most sexual offences against adults are based on a lack of consent by the alleged victim. The only exception to this is the offence of incest. This page outlines the...
read more >>During 2024, major changes were made to Queensland’s laws on sex work. Previously, sex work had been legal in Queensland only under very limited circumstances. Under the changes, sex work is now fully decriminalised in the state. Furthermore,...
read more >>Modern awards are occupation or industry-based and set out the wages and conditions that apply to all employees who undertake work covered by the award. Modern awards apply across the national workplace relations system, although executive employees and...
read more >>Workplace restructuring is the deliberate reorganisation of a business’ operations or workforce. Restructuring might include shutting down retail locations or offices, merging or eliminating entire departments, or transferring employees to new positions...
read more >>Enterprise bargaining is a negotiating process designed to reach an enterprise agreement on minimum employment terms and conditions. The bargain is generally struck between the employer and employees and their bargaining representatives, such as trade union...
read more >>Parties to family law proceedings often seek support from friends and family during their time in the family law system. Whilst having a good support system during this stressful time is important, parties must also be mindful of the potential repercussions...
read more >>In Australia, a permanent worker’s employment can end in several different ways. An employee may voluntarily resign or retire. Alternatively, they may be made redundant, be dismissed for cause by their employer, or lose their job in a company closure. In...
read more >>Grievances are inevitable in every workplace, so employers must have effective systems in place to deal with issues as they arise. Employers have a responsibility to respond to complaints and workplace disputes promptly, appropriately and fairly. This article...
read more >>With advances in technology, workplace surveillance is becoming increasingly more common. Employers monitor staff activity for several reasons, such as to ensure employee productivity, the appropriate use of resources, and for investigative purposes. While...
read more >>Workplace consultation means asking employees for their views, discussing challenges with them and seeking their input before making decisions that will affect them. Workplace consultation is particularly important when a company is going through significant...
read more >>Wage theft occurs when an employer intentionally underpays a worker. It can consist of paying an employee less than the minimum rate they are entitled to or withholding entitlements such as superannuation or penalty rates. On 1 January 2025, the intentional...
read more >>Clients often question whether it is worth proceeding through the Federal Circuit and Family Court of Australia after a separation when they have minimal assets. This article answers some common questions that arise when parties seek the assistance of the...
read more >>Sometimes a party to an existing Parenting Order may want to change the order after it has been made on a final basis. This most often occurs when there has been an unforeseen change of circumstances. The court applies very strict tests when considering...
read more >>Parties to parenting proceedings sometimes want to change a child’s surname as a result of their separation. It is possible to change a child’s name; however, how this should be achieved depends on the circumstances. This article provides some general...
read more >>Gender pay equity is the principle that workers of different genders should receive equal pay for the same work or for different work that is of equal value. This is based on international human rights principles. Federal legislation also exists to prohibit...
read more >>When a person is offered employment, the employment may be offered on a permanent basis or on a temporary basis. Employment may also be offered on a casual basis. When a person has offered work on a temporary basis, this is often done in the form of a...
read more >>In Australia, employers must adhere to strict guidelines when it comes to the performance management of employees. These guidelines ensure that management policies and procedures are fair and compliant with workplace protections and broader Australian laws....
read more >>Employers have a legal duty to competently investigate alleged workplace misconduct while appropriately supporting the accused employee during the investigation. This article explains the rights and obligations of both employers and employees during a...
read more >>Many employees in Australia live with mental health conditions. An employee’s mental health issues can be related, or unrelated, to their employment. It is important that employers and managers be aware that many of their staff are managing their mental...
read more >>Many people living in Australia undertake some form of volunteer work. Volunteer work is work that is carried out without any expectation of remuneration, primarily in order to advance a cause will benefit someone else such as a charity, church, or activist...
read more >>The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. The FWC was established under the Fair Work Act 2009 to undertake regulatory activities and safeguard workers’ employment conditions and minimum wage. The FWC helps...
read more >>Many Australian employers are now implementing detailed policies about employee use of social media. These policies may cover social media use at work as well as outside of work. This page deals with social media and employment and the issues that can arise...
read more >>Many workers in full-time, part-time, or casual employment in Australia are employed by a small business. Operators of small businesses must abide by the National Employment Standards, set out in Fair Work Act 2009 as well as the anti-discrimination...
read more >>Adverse action claims (also known as general protection claims) are increasingly common in Australia. Employees have a statutory right to make an adverse action claim under the general protection provisions of the Fair Work Act 2009. The federal courts have...
read more >>Whistleblower protections exist under Australian law to ensure that an individual who reports wrongdoing or illegal activity within an organisation or company does not suffer reprisals. Different legislative schemes protect whistleblowers who make disclosures...
read more >>Employment law in Australia entitles all employees, whether they are employed on a full-time, part-time, or casual basis, to paid family and domestic violence leave. This ensures that workers who become victims of family violence do not have their employment...
read more >>Under the Fair Work Act 2009, employers in Australia must provide their workers with minimum employment entitlements, known as the National Employment Standards (NES). The NES, alongside the national minimum wage, are the central tenets of the federal...
read more >>Flexible work arrangements are arrangements that are made for the completion of work on terms that suit an employee with particular needs. They are made by agreement between the employee and employer. This may be because the employee has a disability, is the...
read more >>Australia has strict employment regulations that mandate workplace conditions and employee benefits. For instance, employers must make tax and superannuation contributions on behalf of employees and offer statutory benefits such as reasonable hours, leave,...
read more >>In an increasingly uncertain employment environment, employee transfers and secondments are likely to become more popular than ever. Of course, transfers are far from a new phenomenon. Employers have always had to transfer employees to different work areas or...
read more >>Employees generally assume that if they are the subject of a workplace investigation or disciplinary action, they have a legal right to be heard, to be treated without bias, and for employers to base their decisions on evidence. These rights might be bundled...
read more >>A business partnership is a structure composed of two or more partners who agree on how to run a business and share income and losses. Business operators often favour partnerships because they are simple and inexpensive to establish and generally require...
read more >>A merger is a business arrangement between two or more independent companies that form a new, singular legal entity. The merging of two or more enterprises can be an attractive and profitable option in some circumstances. However, some business mergers reduce...
read more >>Australia has strict workplace laws designed to protect employees’ health and safety. One example of this is the way that Australia has become the first country to announce a ban on the manufacture, supply, and use of engineered stone. The ban follows...
read more >>Entering a building contract can be one of the most exciting ventures of a homeowner’s life. Unfortunately, not every home-building adventure is smooth sailing, and sometimes the homeowner or the builder must terminate the contract. Anyone who wants to...
read more >>In Victoria, the Occupational Health and Safety Act 2004 (‘the Act’) was recently amended to include the offence of workplace manslaughter. This offence, which is also known as industrial manslaughter, is the reckless or negligent act of an employer...
read more >>In July 2021, the Victorian government introduced a road-user charge for owners of Zero and Low Emissions Vehicles (ZLEVs), such as electric and hydrogen vehicles. In the precedent-setting case of Vanderstock & Anor v The State of Victoria [2023], the...
read more >>Everyone has the right to feel respected and safe at work, but the workplace can become a major source of distress if there is a culture of bullying and harassment. A recent global survey of workplace risk named Australia as one of the worst countries for...
read more >>It is common to hear landlord stories about horror tenants who damage property, disturb neighbours, and even engage in criminal activities. There are legal avenues available to landlords if they suffer loss because of a tenant’s actions. While residential...
read more >>In the modern era, it is extremely easy for an employee to record conversations while at work. This reality raises several important questions about the legality of such recordings, their admissibility in legal proceedings, and whether the act of recording...
read more >>Debt recovery is the legal collection of funds from a debtor (person, people or entity) who owes money to a creditor (person, people or entity). When a creditor has unsuccessfully tried to receive payment of a debt (including friendly reminders, overdue...
read more >>In order to summarily dismiss an employee, an employer must establish that the employee engaged in serious misconduct, and follow certain procedures to provide them with natural justice. Under the Fair Work Act 2009, an employer who does not follow these...
read more >>The Corporations Act 2001 regulates companies and business entities in Australia. This Act stipulates the obligations of a company and its executors and members, including the rules around insolvent trading in Australia. A company is considered insolvent when...
read more >>A contract is a legally enforceable agreement between two or more parties. In Australia, contracts regulate everything from commercial transactions to employment agreements. There are various remedies for breaches of contract available under Australian law....
read more >>The Australian Competition and Consumer Commission describes “unconscionable conduct” as an action that is “so harsh that it goes against good conscience”. In contract law, unconscionable conduct exists when there is a power imbalance between parties,...
read more >>In Australia, businesses are often sold as a “going concern”, meaning that the sale is based on the business continuing to trade and meet its obligations for the foreseeable future. The greatest advantage to selling and purchasing a going concern is that...
read more >>Racial discrimination remains a pressing social issue in Australia. This discrimination is present when someone is treated with less favour or given fewer opportunities because of their ethnicity, skin colour, or origins. In Australia, the Racial...
read more >>In Australia, restraint clauses are a common element in employment contracts. These provisions aim to protect the interests of an employer by restricting the employee’s ability to move to a competitor (non-compete clauses), share information (non-disclosure...
read more >>Australia operates a free market economy, giving businesses the autonomy to set their own prices for goods and services. In a free market, prices typically rise with inflation and increased production and transportation costs. Additionally, a business can...
read more >>In Australia, employers can be held legally responsible for the wrongful acts of their employees committed within the scope of their employment. The doctrine of vicarious liability means that employers have accountability for their employee’s conduct,...
read more >>A demotion is a reduction of an employee’s position or remuneration within an organisation because of the employee’s poor performance or in response to a change in business needs. Generally speaking, when an employee is notified of the demotion, they have...
read more >>In Australia, according to a 2017 Australian Bureau of Statistics survey, 73% of women work for at least some of their pregnancy. This means that there are many thousands of pregnant women in Australian workplaces each year. It is important to know that...
read more >>Sexual harassment is legally defined as unwelcome sexual advances and conduct that would make a person reasonably feel humiliated, intimidated, or offended. According to a 2022 national survey commissioned by the Australian Human Rights Commission, sexual...
read more >>The Family Law Act 1975 (the Act) has long emphasised the well-being, safety, and developmental needs of children as the critical factors in any parenting dispute. A 2023 amendment to this legislation has further emphasised that the best interests of the...
read more >>As the Coronavirus pandemic demonstrated, vaccinations can be a divisive issue, particularly when a public health directive contradicts strongly held personal beliefs. When parents share parental responsibility for a child, they should both agree before their...
read more >>In parenting matters before the Federal Circuit and Family Court of Australia and the Family Court of Western Australia, the paramount consideration must always be the best interests of the child. A parent’s drug habit is a relevant issue in a family law...
read more >>Surrogacy is a form of assisted reproductive treatment, whereby a woman carries a foetus to term on behalf of another person. People most commonly enter into surrogacy arrangements because they are unable to carry a child to term, or because their medical...
read more >>In Australia, approximately 43% of adults have experienced a mental disorder. This suggests that many parents are experiencing challenging mental health while caring for their children. If a family is involved in a parenting dispute before the Federal Circuit...
read more >>In Australia, parents have a legal responsibility to financially provide for their children. Typically, this responsibility ends when the child turns 18 and is a legal adult who is presumably able to provide for themselves. However, there are some...
read more >>In Victoria, a person who has been sentenced to a term of imprisonment may be released before they have completed that sentence if a non-parole period has been set. Decisions about parole in Victoria are made by the Adult Parole Board and the Youth Parole...
read more >>On 27 March 2024, the Northern Territory government declared an emergency situation for the “High-risk area — Alice Springs precinct”. The declaration imposed a youth curfew on people under the age of 18, requiring them to stay outside of the high-risk...
read more >>In New South Wales, a person who is serving a sentence of imprisonment or detention may be granted parole when they reach the end of their non-parole period. This page deals with parole in New South Wales. What is parole? Parole is the conditional release of...
read more >>In Queensland, prisoners who have been sentenced to terms of imprisonment or detention that include a non-parole period may be released on parole. Parole can be court-ordered or board-ordered. This page deals with applying for parole in Queensland....
read more >>In Australia, de facto couples enjoy most of the same benefits as married couples. Family law has evolved in Australia to recognise de facto relationships and provide protections for both the members of a de facto relationship and the children born into such...
read more >>In the context of family law in Australia, the date of separation is when a married or de facto couple ends their relationship. While this can be hard to pinpoint, it is a crucial benchmark in a property settlement and divorce proceeding timeline. Why does...
read more >>In Australia, parents have a legal responsibility to support their children financially. When it comes to separated or divorced parents, this often means that one parent pays the other child support. A child support arrangement can be agreed privately between...
read more >>It is quite common for a parent to state that they want to pursue “full custody” of their child. In fact, Australia does not have the concept of “custody” as part of the family law. Rather, a parent who is seeking to have the full care of a child,...
read more >>In the Northern Territory, decisions about parole are made by the NT Parole Board under the Parole Act 1971. This page deals with applying for parole in the NT. What is parole? Parole is the conditional release into the community of a prisoner who has not...
read more >>At the start of 2024, the federal government announced its intention to introduce legislation criminalizing the practice known as ‘doxxing’ following some high-profile instances of doxxing in Australia. Doxxing is the malicious and non-consensual...
read more >>On Thursday, the New South Wales government passed the Bail and Crimes Amendment Bill 2024. The controversial legislation includes changes to bail laws affecting young people charged with certain offences, as well as a new offence consisting of committing...
read more >>In the ACT, when a court sentences an offender to imprisonment for a term of more than 12 months, it must set a non-parole period unless doing so is inappropriate. When a prisoner reaches the end of their non-parole period, they may apply to the Sentence...
read more >>A property settlement is an important stage after a couple separates or divorces. To ensure a fair and equitable division of assets, it is usually necessary to first establish the monetary worth of all assets, including real estate, personal belongings,...
read more >>In Australia, divorce is a significant step that a former couple can take if they satisfy several legal requirements. The Family Law Act 1975 creates the legal framework surrounding divorce and the requirements that must be met before a couple can dissolve...
read more >>Confidentiality agreements play an important role in protecting sensitive information in family law matters across Australia. These agreements, otherwise known as non-disclosure agreements, are enforceable contracts between parties. Parties agree not to...
read more >>Child abduction is a distressing reality for many families around the world. In Australia, it is particularly rare for a child to be kidnapped by a stranger, but more common for a child to be abducted by a parent or other family member. Australia has...
read more >>In Australia, most people consult a family law solicitor when they get divorced (or when they separate permanently from a de facto partner). Solicitors help their clients navigate the legal complexities that often arise in property and parenting matters...
read more >>Polygamy is the practice of having more than one spouse at the same time. Countries such as Afghanistan, Egypt, India, Indonesia, the Maldives, and the United Arab Emirates permit a person to practice polygamy. However, even if a polygamous marriage is...
read more >>It is quite common for someone living in Australia to have been married overseas, whether because the couple previously lived overseas, a spouse was born in another country, or because an Australian couple chose a destination wedding. In fact, some couples...
read more >>Family law proceedings, especially property settlement and parenting matters, are complex and emotionally charged issues. These matters can be further complicated when one or both parties face bankruptcy during these proceedings. Under the Bankruptcy Act...
read more >>Annulment is a process whereby a marriage is legally declared null and void. This is relatively uncommon in Australia. While divorce dissolves a marriage, annulment erases the marriage because it was legally voidable or void from the beginning. Children born...
read more >>When a couple divorces in Australia, they should also separate their finances through a property settlement. While the concept of a property settlement immediately suggests the division of assets, it is important to note that this process also includes the...
read more >>Under the Family Law Act 1975 (Cth), family violence is defined as violent or threatening behaviour that controls or coerces a family member or causes a family member to be fearful. Sadly, a high number of family law cases involve accusations of this kind of...
read more >>Binding Financial Agreements (BFAs), often referred to as “prenups”, have become increasingly more commonplace in Australia. These agreements, which are recognised under the Family Law Act 1975 (Cth) (and the Family Court Act 1997 (WA) in Western...
read more >>Assault offences fall into the category of offences against the person. An assault may consist of unwanted physical contact or a threat of unwanted physical contact. In Queensland, assault offences are set out in the Criminal Code 1899. That Act also contains...
read more >>In Victoria, there are several different offences involving assault. Each offence is defined differently and carries a different maximum penalty. While most assault offences can be finalised in the Magistrates Court, some assault matters must be committed to...
read more >>When you are a parent, a constant concern at the back of your mind is “What will happen to my child when I’m not around?” As your child grows, proves their capability, and starts taking care of themselves, this fear gives way to pride and...
read more >>When a person dies intestate (without a will) in New South Wales, their estate is distributed according to the rules set out in the Succession Act 2006. This page sets out how estates are administered under intestate law in New South Wales. Who is intestate?...
read more >>A person who is the spouse or partner of an Australian citizen or permanent resident may apply for a visa from onshore or offshore on this basis. Under the Migration Act 1958, there are different classes of visas that may be available in this situation...
read more >>A refugee visa is a visa granted to a person who is outside their country of origin and fears persecution in that country. In Australia, refugee visas are now granted only to those applying from offshore. This page outlines the laws around refugee visas and...
read more >>In New South Wales, when a person is charged with criminal offences they may be granted bail under the Bail Act 2013. Bail is the conditional release of an accused person before their matter has been finalised. This page outlines the laws surrounding applying...
read more >>In New South Wales there is a standalone criminal offence of coercive control. This offence was introduced in 2024 in response to the need to recognize the very significant harm that non-physical abuse can cause in an intimate relationship. New South Wales is...
read more >>In Australia, discrimination is prohibited in a range of areas of life under legislation, both at federal level and at state and territory level. Unlawful discrimination includes discrimination on the basis of age, sex, race and disability. Age discrimination...
read more >>Disability discrimination happens when someone who has a disability or is perceived as having a disability is treated less favourably than a person without a disability would be treated under the same circumstances. Discrimination may be direct or indirect...
read more >>Self-defence is a well-established common law defence to any charge that involves the unlawful use of force. It is based on the principle that individuals cannot be expected to remain passive in the face of a violent assault or a threatened violent assault....
read more >>On 6 November 2023, the Family Law Amendment Bill 2023 passed the Australian Senate. The Bill makes significant changes to how the family law system deals with parenting matters. This year, parliament also passed the Family Law (Information Sharing) Bill...
read more >>In some circumstances, a person who is charged with a criminal offence in South Australia can rely on the defence of sudden or extraordinary emergency. This defence is based on an argument that the accused had to act as they did in response to an emergency...
read more >>The defence that most people think of as ‘duress’ is known as ‘compulsion’ in Tasmania. The defence of compulsion applies where a person was essentially ‘forced’ to carry out a criminal act by another person. This page outlines the defence of...
read more >>When a person is charged with a summary criminal offence in Victoria, the matter may be finalised in the Magistrates Court. If the accused pleads guilty, they will be sentenced by a magistrate. If they plead not guilty, the matter will be listed for a...
read more >>When a person is charged with criminal offences, they may be granted bail by the police or by a court. If a person is not granted bail, they are remanded in custody until the matter is finalised or until bail is granted. This page deals with bail in...
read more >>On 8 November, the High Court of Australia decided the matter of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, finding that indefinite immigration detention was unlawful under Australia’s Constitution. The decision resulted in...
read more >>A de facto relationship is a relationship where two partners who are not married live together on a genuine domestic basis. De facto relationships in most of Australia are governed by the Family Law Act 1975 but those in Western Australia are governed by the...
read more >>A permanent resident is a person who has been granted a permanent Australian visa that allows them to live in the country indefinitely. A person may be apply for and be granted a permanent visa from offshore or from onshore. This page deals with permanent...
read more >>Fishing in Australian waters is regulated by the Fisheries Management Act 1991, which sets out the laws on fishing rights and fishing permits and contains a number of criminal offences that are committed when the Act is not complied with. This page deals with...
read more >>If you are shipping goods between locations, a bill of lading (BOL) is the most important document that you need to understand. A bill of lading is a legal document that accompanies the goods that are being transported and details the type of goods, quantity...
read more >>In the NT, there are various offences related to drink driving contained in the Road Traffic Act 1972. A person who is caught drink driving in the NT may receive a traffic infringement or a summons to attend court. This page deals with the offences, penalties...
read more >>In South Australia, the Road Traffic Act 1961 contains the offences that a person may be charged with if they are caught drink driving. These offences attract fines, licence disqualification periods and terms of imprisonment. This page deals with drink...
read more >>Murder and manslaughter are among the most serious criminal offences in the Northern Territory. They are dealt with by the Supreme Court and can attract lengthy terms of imprisonment. This page deals with murder and manslaughter in the NT. Murder in the NT...
read more >>When a person is sentenced for criminal offences in New South Wales, there is a range of penalties that can be imposed. The most serious of these is a term of imprisonment. In New South Wales, a term of imprisonment can be structured in a number of different...
read more >>When a person dies leaving a valid will, that will may subsequently be contested by someone who was expecting to inherit from the deceased’s estate. In Victoria, the Administration and Probate Act 1958 governs who can contest a will and the circumstances...
read more >>In Australia, the laws surrounding the age at which young people can legally consent to sex are different in each state and territory. In Queensland, the age of consent is 16. This age is the same regardless of the type of sexual activity and regardless of...
read more >>In Queensland, deceased estates and wills are governed by the Succession Act 1981. A family member of a deceased person who left behind a valid will may contest the will on the basis that the deceased failed to make adequate provision for them. This is known...
read more >>When a person is sentenced for criminal offences in Queensland, the most severe penalty that can be imposed is a term of imprisonment or detention. A term of imprisonment may be imposed in several different ways in Queensland, including actual jail time, a...
read more >>A duty of care is an obligation to take reasonable care to avoid causing harm to another person. There is a range of situations in everyday life where a person owes a duty of care to another person. Where a duty of care is breached, the tort of negligence is...
read more >>When a person dies and leaves behind a will, a family member may challenge or contest that will. Every state and territory of Australia has different procedures for contesting and challenging a will. This page deals with contesting a will in South Australia....
read more >>A person who is unfairly dismissed from employment in Tasmania may have a claim either under state law or under federal law. The system an employee is covered by is determined by the employer they were working for. This page outlines the unfair dismissal laws...
read more >>In Tasmania, the most severe penalty that a court can impose for criminal offences is imprisonment. There are four prisons in Tasmania. These are the Rison Prison Complex, which includes the Mary Hutchinson Women’s Prison, The Hobart Reception Prison and...
read more >>On the 11th October 2023, the Queensland government introduced legislation that will change the laws surrounding domestic violence and sexual assault. The Criminal Law (Coercive Control and Affirmative Consent) And Other Legislation Amendment Bill will make...
read more >>A person who is charged with criminal offences in South Australia may contest the charge by advancing a legal defence or a factual defence. A legal defence, such as duress or self defence, exists where the accused admits committed the physical act but claims...
read more >>In New South Wales, a person who is 16 or older can legally consent to sex with another person who is 16 or over. However, if a young person under 18 is under the ‘special care’ of another person, they cannot legally consent to sex with that person. A...
read more >>In Australia, directors’ duties are primarily governed by the Corporations Act 2001 and common law principles. They may also be regulated by the company’s constitution and by shareholder agreements. Directors duties exist to promote good governance of...
read more >>In Victoria, perjury is a serious criminal offence that can attract a penalty of up to 15 years imprisonment. This page deals with the elements, penalties for and procedures for dealing with charges of perjury in Victoria. Legislation Perjury in Victoria is...
read more >>Medical negligence exists when a medical practitioner breaches their duty of care towards a patient by failing to take reasonable care to avoid causing harm to them. When a patient suffers harm as a result of medical care, they may (but do not necessarily)...
read more >>The most common legal defence to offences involving the use of force is self-defence. Self-defence is a legal defence that recognises that an individual cannot be expected to remain passive in the face of a physical attack or threatened attack and that people...
read more >>Medical negligence exists when a medical practitioner fails to take reasonable care to avoid harming a patient. A person may take action for medical negligence because they have suffered a physical or psychological injury or an illness as a result of the...
read more >>In Australia, the law as to what age a young person can legally have sex is different in each state and territory. In Victoria, the general age of consent is 16. The Crimes Act 1958 sets out various criminal offences involving sexual activity between an adult...
read more >>In New South Wales, the Crimes Act 1900 contains a range of assault offences. These range from common assault to assault causing death. This page outlines the assault offences that exist in New South Wales, the penalties that apply to them and the processes...
read more >>A person who pleads not guilty to a criminal offence may rely on a legal defence or a factual defence. A factual defence is a version of events that is inconsistent with the accused having carried out the acts alleged – for example, an alibi. A legal...
read more >>It is common for criminal offences and traffic offences to be dealt with by issuing a fine. A fine is a financial penalty that may be given by the police, by a court, or by another authority. This page deals with fines as a sentencing option in Australia....
read more >>When a court sentences a person for a low-level offence, it may decide to impose a good behaviour bond or undertaking. This is a penalty that consists of releasing the offender without further consequences provided they sign an agreement to comply with...
read more >>In Australia, the harshest penalty that courts can impose for criminal offences is a sentence of imprisonment. A sentence of imprisonment may be for a fixed term, or it may be indefinite. In some states and territories, a sentence of imprisonment may be...
read more >>In Australia, privacy law is regulated by legislation at commonwealth, state and territory levels. This includes the commonwealth Privacy Act 1988 and the Freedom of Information Act 1982. These acts are designed to protect the privacy of individuals by...
read more >>An eligible person may challenge a will in the Supreme Court in a situation where there is doubt that the will is legally valid. A will may be challenged for a range of reasons and the process for challenging a will is different in each state and territory....
read more >>When a person contests a will, they dispute the fairness of the will’s provisions. This is different from challenging a will, which occurs when there is doubt that a will is legally valid. Each state and territory has different legislation around contesting...
read more >>An executor is a person who is nominated in a will to administer the deceased estate. It may be a solicitor, accountant or a family member of friend of the deceased. The executor administers the estate, distributing assets and discharging debts. It can be a...
read more >>On 21 September this year, Western Australia became the final Australian jurisdiction to fully decriminalize abortion. With the passage of the Abortion Legislation Amendment Bill 2023, laws on abortion in Western Australia now include abortion ‘on demand’...
read more >>In Australia, for a will to be valid, the testator must have had testamentary capacity at the time the will was made. This means that they must have been of sound mind and capable of understanding the effect of the will. This page deals with testamentary...
read more >>In Victoria, traffic offences are governed by the Road Safety Act 1986. Section 18 of that act makes it an offence to drive without a licence. The penalties that apply to this offence vary depending on the situation. This page deals with driving unlicensed in...
read more >>In New South Wales, drivers incur demerit points if they commit driving offences. These points are recorded against the driver’s licence in addition to the imposition of a fine and sometimes a term of imprisonment. The demerit point system is designed...
read more >>A restricted licence is a driver’s licence that is issued to a person who has been disqualified from driving for traffic offences but needs to continue driving for limited purposes. In Queensland, a restricted driver’s licence may be issued to a person...
read more >>In Western Australia, traffic offences are governed by the Road Traffic Act 1974. That act contains offences relating to careless driving, reckless driving and dangerous driving. A person who is charged with one of these offences may be found guilty of...
read more >>Family law orders are binding on all parties regardless of whether they are made on a final basis or on an interim basis. It is a serious offence to breach an order without a reasonable excuse. If a party breaches a family law order, the other party has...
read more >>When a married couple or a de facto couple separates, an application may be made to a court for property orders. These are orders adjusting the distribution of assets between the two parties in a way that is fair and equitable. An application for property...
read more >>When parents separate, it is often necessary to put in place formal arrangements about where the children are to live and who is to be legally responsible for them. This can be done by agreement between the parents or by applying to the Federal Circuit and...
read more >>Any document that is filed in a family law matter is required to be served on all other parties. There are different rules for service of different types of documents. Some documents must be served personally while others are permitted to be posted or emailed...
read more >>Divorce is the legal process used to end a marriage. The Federal Circuit and Family Court of Australia and the Family Court of Western Australia are the only courts that can grant divorces in Australia. This page provides information about getting a divorce...
read more >>In Western Australia, a person who is caught drink driving may receive an infringement notice and incur demerit points, or they may be summoned to attend court. Drink driving offences are punishable by significant fines, terms of imprisonment and periods of...
read more >>A ‘letter of demand’ is the legal term for a letter that is sent to a party that owes another party money. A letter of demand is usually sent as the final step in attempting to recover funds that are owed prior to commencing legal proceedings. This page...
read more >>When a person is caught drink driving in the ACT, they must appear before the Magistrates Court. The court may impose a fine and a disqualification period, or even a term of imprisonment. The amount of the fine and the length of the disqualification period...
read more >>In Victoria, a person who is caught drink driving will face very harsh penalties including significant fines, periods of licence disqualification and even terms of imprisonment. Everyone who is found guilty of a drink driving offence in Victoria is also...
read more >>In New South Wales, a person who is caught drink driving faces a fine, a period of licence suspension and a possible term of imprisonment. This article deals with the penalties and procedures for dealing with drink driving offences in New South Wales. Court...
read more >>In Queensland, a person will be charged with an offence if they are caught operating a vehicle on a public road or road-related area while under the influence of alcohol, or with a blood alcohol content (BAC) that is higher than the maximum prescribed BAC for...
read more >>Lawyers are often asked whether it is lawful to photograph someone without their permission. In this era of social media, it is very common for photographs to be taken and circulated without the subject’s permission. Some of these images may even have been...
read more >>A tort is a civil wrong that is done to one party by another and that causes the victim to suffer harm or loss. The claimant in a tort matter may sue for damages or other forms of relief. Many torts are created under the common law, but there are also...
read more >>The civil standard of proof is ‘on the balance of probabilities’. This standard of proof is codified in the Commonwealth Evidence Act 1995 and in the Evidence Acts of some of the states and territories. This page outlines what the civil standard of proof...
read more >>In simple terms, a contract is an agreement between two or more parties based on offer and acceptance. A contract may be in a written form, or it may be oral. For a contract to be valid, six elements must be present. This article deals with contracts in...
read more >>Conveyancing is the legal process of transferring ownership of real estate from one party to another. It involves a series of legal and administrative steps to ensure a smooth and valid transfer of property rights. Conveyancing can be complex so it is...
read more >>Before 1986, all babies that were born in Australia were automatically Australian citizens. However, today, when a child is born in Australia to parents who are non-citizens, the immigration status of the baby depends on the type of visa or status enjoyed by...
read more >>Deportation from Australia and removal from Australia are the two ways that a non-citizen can be forcibly removed from the country. An order for an Australian permanent resident’s deportation can be made under section 206 of the Migration Act 1958. In...
read more >>All applicants for Australian visas must pass the character test prior to the visa being granted. The character test exists to ensure that all entrants to Australia are of good character and do not pose a danger to the community. The test is set out in...
read more >>Most applicants for Australian visas must fulfil the Migration Health Requirement before they will be granted a visa. The Migration Health Requirement involves different criteria for health assessments, which are determined by the length of the proposed...
read more >>When a person is charged with a criminal offence, they are entitled to plead not guilty. The prosecution bears the burden of proving that an accused person is guilty beyond a reasonable doubt. This page deals with pleading not guilty to criminal offences in...
read more >>A person may be required to give evidence in a criminal matter in a number of situations. This includes where the person is the alleged victim of the offence, where they were involved in the events in some way or where they simply heard or saw something that...
read more >>Whenever a person is attending any court in Australia, they must be mindful of the rules of court etiquette. This is the case regardless of whether they are attending court as an accused person, as a witness or only as an observer. If a person does not show...
read more >>The criminal standard of proof is ‘beyond a reasonable doubt’. This is the highest standard of proof in our judicial system. This page outlines what the criminal standard of proof entails. Different standards of proof Our legal system has two different...
read more >>In many cases, when a person is charged with a criminal offence, they may want to finalise the matter quickly by pleading guilty. This is especially likely to be the case if the offence is minor and the situation is relatively uncomplicated. However, before...
read more >>Employees in Australia are covered by legislative protections at both federal and state/territory level. The national employment laws are contained in the Fair Work Act 2009, as well as in anti-discrimination legislation and in the common law. This page...
read more >>When an employee who falls under the national workplace relations system is unfairly dismissed from their employment, they may bring a claim under the unfair dismissal provisions of the Fair Work Act 2009. However, if a dismissal is a ‘genuine...
read more >>Whenever a person carries out work for someone else, it is important for both parties to be clear about the legal status of the working relationship. In some situations, when a person is engaged to carry out paid work, they have the status of an employee. In...
read more >>A common issue that arises in employment law is unlawful dismissal. Unlawful dismissal occurs when an employee is terminated under circumstances that have been expressly made unlawful. This includes termination based on discrimination on a prescribed ground...
read more >>Empowering Small Law Firms: Taylor Rose’s Innovative Consultancy Business Model In the ever-evolving landscape of the legal industry, small law firms are seeking innovative ways to enhance their efficiency, scale their operations, and increase...
read more >>The age of criminal responsibility is the minimum age that a person can be arrested, summonsed, charged with, and found guilty of a criminal offence. Up until 1 August 2023, the age of criminal responsibility was 10 in all Australian states and territories....
read more >>The Family Law Amendment Bill 2023 passed the House of Representatives in May and is currently before the Australian Senate. The Bill was drafted based on the recommendations of the Australian Law Reform Commission’s Final Report No 135 and seeks to...
read more >>On 24 August 2023, the Queensland government passed an ‘urgent’ amendment to the Youth Justice Act 1992, making it lawful for young people who have been refused bail to be detained in police watch-houses indefinitely. The change has caused widespread...
read more >>One of the UK’s top law firms, Taylor Rose MW (“Taylor Rose”), is entering the Australian legal services market, partnering with the Australian firm, GTC Legal (“GTC”), to expand its successful legal consultancy model down under. Launching the...
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