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When a couple separates, their asset pool is dealt with in a property settlement, while arrangements for the care of children are made in a separate proceeding, in the form of parenting orders. But what about the family pets? How do courts decide who gets the dog, cat or other animals? The Family Law Act…

Following the deaths of seven in a mass shooting near Margaret River last week, criticisms have emerged of Australian gun laws. Whilst Australia has historically had a reputation as a leader in effective gun control, this tragedy has raised questions as to whether we are doing enough to ensure the safe use of firearms. What…

Refugees are persons who are outside their country of origin and who are unable to return due to a well-founded fear of persecution on the basis of any of the following grounds: Religion; Race; Nationality; Political opinion; Membership of a particular social group; The definition of a refugee is contained in the Refugees Convention 1951,…

The growing use of Facebook and other social media in recent years has had a range of implications for family law matters. It has become increasingly common for social media posts to be relied on as evidence in these matters. Courts have also started allowing for the service of court documents via Facebook in some…

Australia’s start-up scene is one of the most promising and rapidly progressing in the world. With the thirteenth largest economy and the ninth highest income per capita, Australia is fast beginning to project a Silicon Valley-esque sense of opportunity for start-ups. Venture capital is one way for aspiring founders to get their companies up and…

Battered Woman Syndrome (BWS) is a psychological term that refers to the altered mental state suffered by women who are victims of domestic violence. The theory, first detailed by Professor Lenore Walker in 1979, posits that victims of domestic violence become caught up in a cycle of violence that causes them to remain in the…

The introduction of P turns is one of several changes to Road Rules that Vic Roads has rolled out for specific locations in Melbourne. The new rules are designed to reduce congestion in areas notorious for traffic jams, but critics say they will only create more confusion. The infamous ‘hook turns’ mandated at particular intersections…

In April 2018, Greens Senator Jordan Steele-John announced that he would introduce a Bill that would allow 16 and 17-year-olds to vote if they wished to do so.  Numerous other countries, including Brazil and Austria, have 16 as the minimum age to vote. The question of whether the Australian voting age should be lowered to…

Aboriginal people have long been over-represented in Australian prisons. While the incarceration rate has increased across the board in the last 20 years, the Aboriginal incarceration rate has skyrocketed.  The number of Aboriginal Australians in custody has increased by 88% since 2004, while the non-Aboriginal incarceration rate has risen by 28%. In the Northern Territory…

A sharp increase in the number of people charged with drug driving offenses has been recorded in New South Wales in the last three years. Drug testing was introduced in NSW in 2007, and in 2015 the government announced that it would triple the number of roadside tests administered by police. A person does not…

The Defence of Intoxication Using Intoxication as a defence in WA is governed by the Criminal Code Act Compilation Act 1913 (WA) (‘the Code’). That section operates in conjunction with section 27 of the Code, which deals with the defence of Insanity in WA. The two sections operating together provide for the circumstances when Insanity…

The New Gift Card Regime Changes to the Fair Trading Act 1987 (NSW) will introduce a new mandatory minimum expiry period of three years for most gift cards and vouchers sold in New South Wales from 31 March 2018. The new legislation will apply to cards and vouchers sold both in-store and online. The State…

In New South Wales, the Habitual Traffic Offender (HTO) Scheme, which has been in operation for a number of years, has been abolished under the Road Transport Amendment (Driver Licence Disqualification) Act 2017 (the Act). The Act takes effect from the 28th October, 2017, and includes a wide range of measures that impact on driver…

From 31 January 2018, people who hold a Victorian driver licence will be held liable for all drink driving offences they commit, regardless of where the offence takes place. In other words, a person found guilty of an interstate drink driving offence will be treated as if the offence was committed in Victoria. This is partly…

The Succession Act 1981 (Qld) governs the principles in relation to making a Will in Queensland, including when a person lacks the testamentary capacity to do so themselves. The provisions of other legislation such as the Power of Attorney Act 1988 (Qld) and the Trusts Act 1973 (Qld) may also operate when dealing with more…

Notwithstanding obvious concerns around what is considered a satisfactory construction of terms within a solicitor’s Costs Agreement and any related charge documents, the history of the law across different jurisdictions in relation to the reasonableness (or otherwise) of legal fees has been discussed repeatedly over the last several decades. First, it is important to note…

The Defence In the quarter century over which I’ve been practising in the criminal law, I have literally lost count of the clients whose primary explanation for their actions is “I was drunk/stoned or both”. Whilst intoxication may explain a multitude of behaviours in society, does it afford a defence at law? If so, is…

What is the Department of Home Affairs (DoHA)? On 20 December 2017, the Federal Government formally re-established the Department of Home Affairs to replace the Department of Immigration and Border Protection. The whole-of-government change was announced by the Prime Minister on 20 July 2017. A Ministry of Home Affairs was originally created at Federation (1901)…

New minimum passing rules for drivers overtaking cyclists in Western Australia are to be introduced as a partial modification of the state’s Road Traffic Code. The new regulations are due to take effect in Western Australia as part of the state’s traffic law from the 30th of November 2017. New minimum passing rules in WA: what do the…

Proposed changes to the NSW Compulsory Third Party (CTP) Insurance Scheme will be detrimental to accident victims and their ability to claim compensation. The new scheme, if implemented will strictly limit common law claims to severely injured individuals and will limit claimant’s assess to legal representation. In March 2016, the NSW Government released a position…