Guideline Judgements: About

In a previous article we spoke about high-range PCA and the sentences passed down prior to 2004, compared to those passed down since that date. Prior to 2004 in, for example, Newcastle Local Court, 45% of high-range PCA matters were dealt with by “s10”. Basically, this means non-conviction, similar to a “warning”. After 2004, Newcastle […]

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On February 16th, 2011, posted in: Know the Law by

Property: I Own That Sky!

The law contains many Latin maxims. One of the interesting concepts that has not survived the reality of modern day living is “cuis est solum eius est usque ad coelum et ad inferos”. The meaning of which is “he who owns land, owns it from the heavens to the centre of the earth”. This meant […]

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On February 16th, 2011, posted in: Know the Law by

Property: Owing Dirt

In a previous article “I Own That Sky”, we discussed a somewhat fanciful concept that when you own a block of land, you own the airspace up to the heavens above, and the earth below to the middle of the earth. Not surprisingly, legislation has now cleared the situation where aircraft are allowed to pass […]

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On February 16th, 2011, posted in: Know the Law by

Cyber-bully (Part 1)

Lately, reports of bullying at schools and via the internet, and the repercussions of these acts have been surfacing in the media quite often. Gone are the days when a “bully” was typically the strongest or most aggressive boy at school, who as we grew older we learnt that they had significant problems for which […]

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On February 16th, 2011, posted in: Know the Law by

Cyber-bully (Part 2)

In “Cyber-bully (Part 1)”  we discussed modern day bullying, commonly called cyber-bullying. There are obviously ways of stopping your child from being bullied, such as approaching teachers and parents close to the source, but there are times when you will require the law to stop this behaviour. Common law (law made by judges) provides some […]

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On February 16th, 2011, posted in: Know the Law by

Testamentary Capacity

There is new legislation which now allows people without testamentary capacity, to have wills authorised by the courts. Before we discuss this new legislation, it is important to establish what testamentary capacity is. There was a case heard in 1870, that all these years on, still provides authority for the criteria for establishing testamentary capacity. […]

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On February 16th, 2011, posted in: Know the Law by

Wills: First Statutory Wills Case

In a previous article “Testamentary Capacity” we discussed the test for establishing testamentary capacity, that is, the ability to provide instructions for a valid will. The Supreme Court of NSW recently utilized in two separate and unrelated cases, for the first reported time, new legislation provisions which allow the Court to authorise a “Statutory Will”. […]

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On February 16th, 2011, posted in: Know the Law by