Many people receive a CAN (Court Attendance Notice) as a direction to attend Court. This can be handed to you, posted or served. When there are no other options, Police use arrest to ensure your attendance at Court. The grounds upon which police can arrest a person may be summarized as being when they reasonably…
Criminal Law is the most focal branch of law in the community. Even if you have never studied, you have possibly watched enough episodes on television to give you a general idea on how the process works. Everyone has an opinion, and the media feeds the interest shown by the public. Today, I discuss the…
You have just suffered emotionally from a relationship breakdown, you are keen to have the property division completed so you can move on, and you find out that your ex partner is selling or otherwise disposing of an asset that would be subject to an order of the court. What can you do? This is…
Whilst it might not be a daily problem in the Clarence Valley, for the shear horror that it puts parents through, it is worth discussing what happens when a child is taken overseas by a parent in contravention of orders from an Australian Court. Australia is a party to the Hague Convention, the purpose being…
To understand the purpose of bail, you start by understanding the cliché “innocent until proven guilty”. Whilst we don’t use the term “innocent” in our Courts, it is a tenet of our justice system that as a general rule until you are guilty (that is either found guilty, or enter a plea of guilty), and…
When a trader has a brand, picture, logo or similar, they normally seek to have use of that item exclusively. The process is to “trade mark” the item. There are two ways to have a trade mark. You can simply have the “TM” notice next to the item, or you can register the trade mark,…
I can steal it- it’s mine. A claim of right is a defence to larceny. Some interesting cases have been determined over many years that show when someone owes you an item, an honest belief to an entitlement to that property is a defence to the act of unlawfully retrieving it. An 1828 case heard…
In this tough economic climate, there are going to be times when people will either consider voluntarily becoming bankrupt, or are ordered to become bankrupt. Basically, bankruptcy is giving someone else control of nearly all your property and finances, and you will get protection from creditors. There is no set amount of debt needed to…
Nominated Executors can’t be forced to take on the Executorship but once they have accepted they are unable to renounce. The Executor is to act in accordance of the appointment as described in the Will and accepting is a full acceptance of all responsibilities. An Executor is not able to make an agreement for another…
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…