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NSW » Moss Vale LawyersNSW
The Defence of Duress (NSW)
The Defence of Duress (NSW)
Duress is available as a defence to most criminal offences in New South Wales. It is defined as an extremely serious threat to the accused which compelled them to perform acts that they would not willingly perform. The rationale for the defence of duress is that individuals should not be held criminally culpable for acts…
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Neighbourhood Disputes (NSW)
Neighbourhood Disputes (NSW)
Neighbourhood disputes can arise over many everyday matters, such as pets, trees, dividing fences or noise. In many cases, neighbourhood disputes can be resolved informally, by talking about the situation and listening to each other’s point of view. Where this does not solve the problem, mediation can be used to arrive at a mutually acceptable…
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Rush Awarded $850,000 for Defamatory Imputations
Rush Awarded $850,000 for Defamatory Imputations
On 11 April 2019, the Federal Court of Australia handed down its decision in the matter of Rush v Nationwide News Pty Ltd. The court found that publications made by the defendant about Australian actor Geoffrey Rush contained defamatory imputations and that the defence of justification did not succeed. It awarded  Rush damages for non-economic…
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The Age of Criminal Liability (NSW)
The Age of Criminal Liability (NSW)
In all Australian jurisdictions, the age of criminal liability is 10. This means that no child below the age of 10 can be arrested, summonsed or found guilty of a criminal offence. In New South Wales, this rule is contained in Section 5 of the Children (Criminal Proceedings) Act 1987. Children between the ages of…
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