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On 30 March 2015 the South Australian Civil and Administrative Tribunal began functioning as the newest tribunal in South Australia.  The tribunal is established under the South Australian Civil and Administrative Tribunal Act 2013 (SACAT Act) and its procedures are governed by the South Australian Civil and Administrative Tribunal Rules 2014 and the South Australian…

  Are you involved in a minor dispute that has arisen in Queensland, and not sure how to proceed, or if it is worth pursing? If so, there is an avenue for you, which is cost effective and efficient. The Queensland Civil and Administrative Tribunal (QCAT) can help to resolve a debt dispute up to…

  If you have loaned money, provided a service, or involved in a motor vehicle accident and the other party has failed to pay you the monies owed, then you will want to recover that money as quickly and effectively as possible. Minor debt recovery matters of less than $10,000 are dealt with in the…

  Have you loaned money to someone such as a friend, relative, or ex-partner and they have refused to pay it back? Maybe you were involved in a car accident and the other driver has failed to pay for the damages to your vehicle? For these situations, and many others involving relatively small debts, you…

  Being sued by someone is no fun, especially if you know (or believe) that the claim is unjustified. The worst thing that you can do is nothing, as this could lead to a default judgment being entered against you. This will enable the person who has sued you to take enforcement action, which could…

  Fencing disputes between neighbours are quite common! Our Civil Lawyers can assist you to understand your rights as outlined in the Fences Act 1968 (Vic), and resolve any issues. How are the costs of the fence proportioned? As a ‘rule of thumb’ the costs are proportioned 50-50. However, this is not specified in the…

  One of the most common problems between neighbours is who pays for repairs to a common fence. The basic answer is that each neighbour is liable to contribute to repairs or replacement. However, it is not always as simple as that. If one neighbour wants to have the fence repaired or replaced, he or…

  The NSW Police have seen an increase in Fail To Pay (FTP) fuel thefts in recent years. The current system of service station owners reporting the crime to their nearest station was making it difficult to see any overriding patterns relating to offender behaviour. Extensive consultation with the service station industry showed that a…

In New South Wales, when a Court determines that a person is guilty of an offence, one of the sentencing options available to the presiding Judge or Magistrate is to have the charges dismissed altogether, or dismissed subject to conditions.  There are three such options regarding dismissal of charges under section 10 of the Crimes (Sentencing Procedure)…