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Tree Disputes (NSW)

Tree Disputes (NSW)

Tree disputes generally occur between neighbours. In some instances, the tree may be obstructing a neighbour’s view. In most instances, proceedings are commenced because the tree or trees in question are causing damage to a neighbouring property. The legislation which governs tree disputes is the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). The Trees…

Criminal Responsibility (NT)

Criminal Responsibility (NT)

Under the Northern Territory Criminal Code Act 1983, there are a number of ways that a person can be found guilty of an offence even when they did not commit the physical acts that make up the offence. A person has criminal responsibility for criminal acts that they assisted, prepared for, attempted to commit, or…

Enforcing Child Support Overseas

Enforcing Child Support Overseas

If a Child Support Assessment is issued in Australia, there are several methods the Child Support Agency can use to recover debt. These include making arrangements with the payer’s employer to deduct the amount owing from wages, garnishing the amount owed from bank accounts and intercepting tax refunds. However, if the paying parent moves overseas…

Strip Searches of Minors (NSW)

Strip Searches of Minors (NSW)

Concerns are being raised about the legality and appropriateness of strip searches carried out on minors by New South Wales police. The issue has come to light after Redfern Legal Centre obtained data on strip searches conducted in the last three years, revealing that there were 122 strip searches of underage girls, including two 12-year-olds…

Adverse Possession (Vic)

Adverse Possession (Vic)

Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis…

Stalking Offences (Vic)

Stalking Offences (Vic)

Stalking is a serious offence in Victoria, which can attract significant periods of imprisonment. A person commits stalking if they engage in a couse of conduct intended to cause a victim harm or to put the victim in fear for their safety or the safety of someone else. The stalking provision in the Crimes Act…

Publication of Family Law Proceedings: Section 121

Publication of Family Law Proceedings: Section 121

Section 121 of the Family Law Act imposes a widespread prohibition on the publication of any part of family law proceedings. The provision makes it unlawful (subject to exceptions) to publish information that identifies any person who is a party to such proceedings or who is otherwise connected to proceedings. The rationale behind this provision…

Justice Reinvestment

Justice Reinvestment

Justice reinvestment is an approach to addressing crime that involves redirecting funding that would normally be used on prisons back into the communities most affected by crime. These funds are then used to pay for programs and infrastructure to deal with its root causes. Justice reinvestment originated in the United States in response to the…

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