Crime: I did it but plead Not Guilty

Despite what Hollywood would have you believe, this rarely happens. When it does occur, there are strict rules which govern how a solicitor can act for such clients. The overriding rule is that we must not mislead the Court. Our duty to the Court is above the duty to a client. Firstly, you advise the […]

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On May 16th, 2010, posted in: Know the Law by

Companies: How a Company Works

Proprietary Limited Companies (Pty Limited or Pty Ltd) are the most common type of company structure used in Australia by small businesses. The Australian Securities and Investments Commission (ASIC) administers the operations of companies using the Corporations Act. A new company comes into existence when the promotors apply to ASIC for registration. On that date […]

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On May 20th, 2010, posted in: Know the Law by

Death: Disposal of the Body

At times there is a dispute between relatives as to how to dispose of the deceased’s body. The Courts do have jurisdiction to determine proper disposal. As there is no property in the dead body, any instructions regarding its disposal included in the Will are unenforceable however the wishes of the testator could be described […]

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On May 27th, 2010, posted in: Know the Law by

Trial: Judge alone. Bailey trial

A defendant does have a right to trial by jury, but sometimes, a defendant seeks to have the matter decided by a Judge alone. A defendant may elect to have a trial by judge alone for a variety of reasons. This may include the belief that his trial may be prejudiced by previous media publicity. […]

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On June 4th, 2010, posted in: Know the Law by

Executor: What is one?

Two weeks ago, we discussed the duties of an Executor and in particular the responsibilities to the Australian Taxation Office when administering an estate. Today I will discuss what an Executor is. An Executor is a personal representative who oversees the administration, management and distribution of the deceased’s estate. There are two types of personal […]

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On June 11th, 2010, posted in: Know the Law by

Executor: Capacity to Act as

The Supreme Court has jurisdiction as the Court of Probate to refuse a Grant of Probate to the appointed Executor due to lack of capacity notwithstanding that the Executor was named in the Will as such. There are classes of people that do not have capacity to act as Executor minors (under 18) and mentally […]

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On June 18th, 2010, posted in: Know the Law by