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What is Sexual Harassment? (NSW)
What is Sexual Harassment? (NSW)
The Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW) prohibit sexual harassment in the following areas of public life: In the course of your employment; In the course of obtaining goods and services e.g. from shops, medical services, government services etc; In the course of obtaining an education in public school, college…
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Suspended Sentences (Qld)
Suspended Sentences (Qld)
When an offender pleads guilty or is found guilty of a crime, he or she will proceed to be sentenced by the court. If the court imposes a term of imprisonment, it may choose to suspend that term either wholly or partially.  When a term of imprisonment is suspended, the offender is free to live…
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Small Claims Matters (NSW)
Small Claims Matters (NSW)
In New South Wales claims of less than $10,000 are heard in the Small Claims Division of the Local Court. The purpose of the small claims division is to deal with minor legal matters in a way that is more accessible to the ordinary person. Small claims proceedings are conducted with far less formality than…
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Duty to Disclose in Family Law Matters
Duty to Disclose in Family Law Matters
In accordance with the Family Court’s pre-action procedures and the Family Law Rules 2004, all parties to a family law dispute are required to make full and frank disclosure of information and documentation relevant to the matter. The duty to disclose in family law applies in both parenting matters and financial disputes. The duty to…
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Domestic Violence Orders and Parenting Orders (Qld)
Domestic Violence Orders and Parenting Orders (Qld)
Reaching an agreement about parenting arrangements after a separation can be a challenging process for all parties involved and will often require the assistance of a lawyer or mediator. The situation can be even more complicated when the relationship has broken down irretrievably due to domestic violence. Domestic violence proceedings and family law proceedings are…
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What is Automatism?
What is Automatism?
Where an accused suggests that they committed an offence involuntarily, they are raising the defence of automatism. The defence of automatism arises from one of the very basic principles of criminal law that is embedded in case law: that an accused cannot be found guilty of an act which occurred independently of their will. Automatism…
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The Defence of Self-Defence (WA)
The Defence of Self-Defence (WA)
The defence of self-defence is well-established in Australia. It is based on the widely accepted rationale that a person shouldn’t be punished for defending themselves against an unjustified attack. When an accused raises the defence of self-defence, this gives rise to a reverse onus, meaning it is then up to the prosecution to prove beyond…
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What is a Contested Hearing? (Qld)
What is a Contested Hearing? (Qld)
When a person is charged with a criminal offence, they have two options. They can either plead guilty to the offence and proceed to sentencing or plead not guilty and proceed to a contested hearing. This article will provide some insight into what is involved in a contested hearing. Pleas in mitigation When any criminal…
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