Legal News - Go To Court Lawyers Legal Articles

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 hasn’t 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…

Go To Court Lawyers has been shortlisted as a finalist in the prestigious Lawyers Weekly Australian Law Awards 2017 for the Innovator of the Year Award. The Australian Law Awards advocate standing out from the crowd as being essential in today’s competitive legal market which requires innovation and thinking differently. The Lawyers Weekly Innovator of…

Go To Court Lawyers’ Victoria Manager and Partner, Sylvie Maranis has been awarded Finalist in the Victoria Institute of Law’s 13th Annual Victoria Legal Awards in the Mentor of the Year category for 2017. The annual Victoria Legal Awards recognises excellence in the law across multiple categories including Law Firm of the Year, Mentor of…

National law firm Go To Court Lawyers is pleased to announce the opening of a new Brisbane CBD office on George Street. Located at 452 – 456 George Street, Brisbane, this office is situated directly across from the Queen Elizabeth II Courts of Law and the Roma Street Transit Centre. “The new George Street office…

Written by Tanguy Mwilambwe On 18 April 2017, the Prime Minister Malcolm Turnbull and Immigration Minister Peter Dutton announced that there will be no more Temporary Work (Skilled) Visas subclass 457. At the same time, they announced that from 19 April 200 occupations will be removed from the Consolidated Sponsored Occupation List for 457 visa…

Drones, also known as Remotely Piloted Aircraft (RPAs) or Unmanned Aerial Vehicles (UAVs) first drew attention when they were used during the war in Afghanistan. But drones are becoming smaller, lighter and cheaper – you might know someone who owns a drone. In 2015, Amazon successfully delivered its first products by drone delivery. This means…

Written by Tanguy Mwilambwe In case you have not heard, Trump’s immigration ban is dead, for now. But what about Australia? Can we implement a similar law preventing people from entering and remaining in the country on the basis of their passport or where they have recently travelled? As it turns out, Australia could see…

Today we launched a fun and interactive page which lets you assess the statistical likelihood of someone with your name being charged for a particular offence. Comparisons will be drawn and the results will surprise you. Look up your name and see for yourself.

Queensland’s 1am lockout law, which was meant to come into effect on 1 February 2017, has been abandoned. The news comes after a report conducted six months after the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 came into effect. It concluded that, ‘the introduction of lockouts (one-way doors) is not likely to change current trends.’…