Articles

Presenting Your Defence in Court When contesting charges at the Magistrates’ Court, presenting your defence effectively can make a significant difference in the outcome of your case. Here’s an overview of what happens during the defence phase and tips for navigating cross-examination. Submissions: Why You Should Not Be Convicted Before presenting evidence, your solicitor may…

Removal of Certain People from Giving Evidence at Committal Hearings in Victoria Victoria’s criminal justice system has undergone significant changes aimed at protecting vulnerable individuals and streamlining court processes. One such reform relates to the removal of certain people from giving evidence at committal hearings, a preliminary stage in criminal proceedings where a magistrate determines if…

Discretionary Licence Loss for Driving Whilst Suspended in Victoria Driving while your licence is suspended is a serious offense in Victoria with significant legal consequences. However, under certain circumstances, the court has discretion regarding whether to impose additional licence suspension periods. Here’s what you need to know about the discretionary licence loss laws and how…

Mandatory Licence Loss for Drug Driving Offenses in Victoria Driving under the influence of drugs is a serious offense in Victoria with strict penalties, including mandatory licence loss. These penalties are designed to improve road safety and deter individuals from driving while impaired by drugs. What Is Drug Driving? Drug driving occurs when a driver…

Unlawful Assault An offence of Unlawful assault is considered the least serious, as these charges involve a person (accused) assaulting another person (complainant) without causing bodily injury. The offence for Unlawful assault is outline in section 23 of the Summary Offences Act 1966, it states: “Any person who unlawfully assaults or beats another person shall…

What is a dispute resolution and Mediation? Disputes may include conflicts over parenting and the care of children, child support, financial arrangements and how to divide their property. A Dispute Resolution refers to a scope of services created to assist you resolve disputes arising from separation or divorce and improve your relationship with the other…

Possession of a drug of dependence Under the Drugs, Poisons and Controlled substances act 1981, section 73 states: ‘A person who without being authorised or licensed under this act, has or attempts to have in his possession a drug of dependence, is guilty of an indictable offence.’ Actions that might constitute possession of a drug…

What is Bail? It is fairly common for a person who is charged with a criminal offence to be granted bail, which means you are released from jail into the community until a court case proceeds. The type of offence you are charged with will determine whether you are entitled to bail from the police…

Providing a DNA Sample A DNA sample is a sample taken of blood, hair, saliva or a scraping from the mouth, this is taken to obtain a DNA profile.  In the Crimes Act 1958, it allows police officers to collect a DNA sample from an accused. When can a sample be taken by Police?  In…

Binding Financial Agreements (BFA) in Victoria | Legal Property Settlements A Binding Financial Agreement (BFA) is a type of agreement that permits you and another party to have control over your own property settlement before, during and/or after separation by de facto or divorce. What is the Agreement? A BFA sets out what the parties…