Advertising Puffs Quite often on advertising, there are claims made and challenges set for consumers in a way designed to induce you into purchasing goods or services. But are these just a sales “puff” or are they binding on the company making the promises. All law students study a case from the late 1800’s called…
DetailsThis is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought. Arrest. The last resort. Police should be using their powers of arrest as a last resort. If the power of arrest is used inappropriately for a minor offence, and…
DetailsMany 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…
DetailsThe Law of Contract | Auctions and Tenders. Remembering that a contract equals offer + acceptance, at an auction, the auctioneer is not “offering to sell”. If this were the case, and 10 people accepted this by raising their hand then 9 of those people would be entitled to damages due to breach of contract.…
DetailsAVOs, as they are commonly referred to as, are Apprehended Violence Orders. There are 2 types of AVO. The APVO and the ADVO. The ADVO (D stands for domestic) is typically used with family members or partners, while the APVO (P standing for personal) is for any person not in a domestic relationship. An AVO…
DetailsIn AVO (Part 1) it was discussed what an Apprehended Violence Order is, what they do, and who can apply for such an order. We outlined the process when an AVO is made by consent. When an AVO is applied for, it is often the case that the person against whom an Order is sought…
DetailsIn “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…
DetailsIn 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…
DetailsTo 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…
DetailsThis 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…
DetailsIn 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…
DetailsBefore we move on to your Local Court defended hearing, we’ll discuss who has to prove what, and to what extent. It is the “golden thread” of criminal law that the State must prove each element of the offence “beyond reasonable doubt”. It is not the job of defence to prove, for example, that you…
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