Know the Law

Know the Law is a weekly series of legal articles written by the staff at MJO Legal.

Each week we write a column, appearing weekly in the Grafton Daily Examiner, where we will discuss the law, and how it may affect you. The law is ever changing and we will keep you updated on a variety of legal topics, recent developments and cases which could possibly impact on how you live, but in the least, be interesting.

This column covers current topics, interesting changes in the law and answer questions you may have about a situation that concerns you.

Should you want us  to provide some commentary on a particular topic simply send us an email and we will try to cover all of your areas of interest in future columns.

If you want specific legal advice or assistance then please contact us via the details below.

For our comprehensive list of all our ‘Know the Law’ articles please click here

Contact details:

Email: office@mjolegal.com.au
Phone: 02 6642 2044

Read the latest ‘Know the Law’ articles

  • Driving: Passenger Seat Drink Driving December 5, 2009 This is an article about how easily you could commit an offence which carries 18 months of prison. The scenario is this. You are at a party, you have driven your car there and proceed to have more drinks than you were planning to, and you make the responsible decision to not drive your car home. A ...
  • Executor Tax Obligations February 4, 2010 When you are named as an Executor in a Will this is an indication that the deceased wanted you to conduct the affairs of the estate. The Executor is responsible for administration of the estate from locating the Will, making funeral arrangements, ascertaining the property of the estate and distribution for beneficiaries. A person agreeing ...
  • Wills: What is a will? February 6, 2010 A will is a legal document, which names the people to whom you intend to distribute your property and possessions you own at your death and nominates the person or people you want to appoint to attend to the tasks of collecting and distributing you assets after your death. Whilst you may want simply to have ...
  • Wills: Passing away without a will February 6, 2010 In the previous article “What is a Will” we outlined how easy it is to have a legal will drafted. Now we will look at the implications of passing away without a will. There is a popular urban myth that the government gets everything if you die intestate (without a will). This is only the case ...
  • Bail: The Purpose of Bail (Part 2) February 9, 2010 This is an interesting case which was heard at Grafton recently, and how easily you could commit an offence which carries 18 months of prison. The scenario is this. You are at a party, you have driven your car there and proceed to have more drinks than you were planning to, and you make the responsible ...
  • Guilty or Not (Part 1) February 16, 2010 In other articles we have described the process of being arrested, charged, getting bail, attending court, pleading guilty, submitting a plea in mitigation, and being sentenced. Now we will rewind that to where we entered a plea of guilty, but instead we will enter a plea of not guilty. After meeting with your lawyer, the offence, ...
  • Crime: I did it but plead Not Guilty May 16, 2010 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 client ...
  • Companies: How a Company Works May 20, 2010 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 ...
  • Death: Disposal of the Body May 27, 2010 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 ...
  • Trial: Judge alone. Bailey trial June 4, 2010 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. At ...

For our comprehensive list of all our ‘Know the Law’ articles please click here