Merit Program

When a person is facing criminal charges in the Local Court, and these charges are due somewhat to a drugs/crime cycle, the defendant may be eligible for entry into the Magistrates’ Early Referral Into Treatment (MERIT) program. The adult offender must have a drug problem, and be willing to participate in a program, and be […]

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

Court: Attending Court

You have received a Court Attendance Notice for a criminal offence and have to go to the Local Court on a specified date and time. There are some fundamental things that may sound obvious, however it is amazing that people when faced with a situation that could change their lives, forget the most obvious things. […]

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

AVO Hearing (Part 2)

In “Consenting to AVO” we discussed the situation where a person applies to the Court to have an Apprehended Violence Order made against you. We discussed the procedure of going to Court, and consenting to an order, and the consequences of an Order being made. Now we will discuss what happens if you do not […]

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

AVO: Consenting to (Part 1)

In AVO (Part 1 & 2)” we discussed the procedure involved in having an Apprehended Violence Order made when you feel you are in need of protection. In this article we will discuss what to do if someone is asking the Court to make an Apprehended Violence Order against you. Legal Aid is generally not […]

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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

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