Divorce | Property Split

Although many divorces have long drawn out battles in relation to property, it can actually be a very simple four stage process in property settlements. Firstly, establish the asset pool. This is made up of assets such as property, cars and shares minus the liabilities such as debts and mortgages. This will leave you the…

Divorce | Time with Kids

Emotional divorces not only involve arguments about property, but emotions are raised to an even higher level when arguments involving the children, and who they spend time with, are raised. The commonly used threat “I’ll take you to Court” soon loses its bite when the Court forces the warring parties to sit down and discuss…

Presumed Innocent

It’s not just the name of a movie, it is one of the most important tenets of criminal law. Recently in the District Court, Counsel for the accused in his closing address to the jury started with words to the effect of: “If I had asked you, before any evidence had been heard, whether the…

Driving: Double Demerits

Our driving licensing system works off a point balance. Drivers with no convictions have zero points. Each conviction carries a point penalty, in addition to a fine. When the amount of points accumulated within a three year period reaches a certain amount, the RTA will suspend your license. For an unrestricted license 13 points, professional…

Divorce: Relocating with Children

Modern society often provides parents with employment or residential opportunities where one parent prefers to relocate some distance from the other parent. Quite often, this move is with a new partner, which escalates the emotions. The starting point is for the parents to agree for one of them to move. If this is not agreed…

Self Defence

When you are accused with an assault type of offence, your solicitor is able to raise self defence as an issue. An accused only needs to raise self defence as an issue in their case.  The prosecution then has to prove that the accused was not acting in self defence beyond a reasonable doubt. The…

Divorce: It’s Not Your Child

Separation is a more difficult time endured by many couples, and along with that experience comes the associated dealings and feelings of resentment in relation to property settlements and child support. An even further difficult scenario is when after the father has been paying significant amounts of child support for years, he raises the issue…

Liability: Rock Throwing

You may remember an incident over 10 years ago when a truck driving beneath an overpass was struck by a concrete block dropped by youths. The driver was struck on the chest and died. The youths were charged and convicted. The RTA were sued with the plaintiff (truck company) claiming that the RTA were liable…

Court: Pleading Guilty, But Didn’t Do It

“I didn’t do it, but I’ll plead guilty anyway” These situations arise commonly where a client prefers to avoid a costly hearing, or publicity, or a perceived chance of conviction and larger penalty. As a solicitor, we have a duty to both the Court, and to our clients. These duties can conflict, and in such…