Current Affairs

Criminal Law Matters: Issue 8 – To Those in the Heavy Vehicle Transport Industry

Q: WHO IS RESPONSIBLE IN THE HEAVY VEHICLE TRANSPORT SUPPLY CHAIN? A: EVERYONE! A big legislative step in awareness and regulation of safety and compliance in Australia was the Heavy Vehicle National Law (HVNR) (originally a schedule to the HVNL Act 2012 (QLD)).  The HVNL came into force on 10 February 2014.   The ACT, NSW,…

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Proposed on the spot fines for low-range drink driving offences

The NSW government recently proposed to give police new powers to issue on-the-spot fines and licence suspensions for first time, low-range drink driving offences. A low-range drink driving offence applies to a driver who has recorded a prescribed concentration of alcohol (PCA) of between 0.05 – 0.08. The proposal has generated a lot of discussion,…

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Digital Driver’s Licences – convenience or concern?

The NSW Parliament recently passed a Bill allowing for Digital Driver’s Licences to be used for proof of identity and proof of age purposes. Driver’s will still be issued with a physical card, however, they will no longer be required to carry it on them if they are able to produce a valid digital driver’s…

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Supreme Court jurisdiction questioned for hearing bail applications

In the recent decision of Noufl v Director of Public Prosecutions (NSW)[i] the Supreme Court ruled it did not have the jurisdiction to hear a bail application while an appeal was pending in the Court of Criminal Appeal. The decision was an appeal against conviction, with the appellant applying for bail whilst the matter was…

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Immunity for on-field violence must end

It is time that we, as a society, stopped treating on-field violence by sport stars as being immune from criminal prosecution and held athletes accountable for their actions in the same way as the rest of us. This weekend’s round of NRL saw yet another ugly brawl between players during the Sea Eagles v Storm…

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Major Changes to NSW Sentencing Law

Proposed Legislation The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 No 53 will make substantial amendments to the Crimes (Sentencing Procedure) Act 1999 [“the Act”] and is scheduled to be proclaimed in about May 2018.  Gloss Overview  Abolition of Good Behaviour Bonds (s9) AND replacement with Conditional Release Orders (“CRO’s”) OR Community Corrections Orders…

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Court clarifies DUI charges

In a recent decision, the NSW Supreme Court clarified what is meant by driving under the influence.   What is DUI? Many people use the term “DUI” as an umbrella term to refer to all kinds of drink driving charges. This is not technically correct. In law, there are two kinds of drink driving charges,…

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Recent changes to the Retail Leases Act and their impact on entering into lease of a retail shop

On 1 July 2017, amendments made to the Retail Leases Act 1994 (NSW) came into effect that will impact landlords and tenants of retail premises. The leasing of retail premises is governed and affected by numerous legislative and regulatory requirements. The Retail Leases Act 1994 (NSW) (the Act) overrides any provision of a lease that…

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New disclosure requirements for contracts for sale of residential land

From 1 September 2017, contracts for sale of residential land will need to be updated to include new documents and meet new disclosure requirements.   Before residential property can be sold, a vendor is required to prepare a contract for sale that: discloses information about a property’s title, its zoning, sewerage, any rights of ways…

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Family Court backlog letting families down

Chief Justice Diana Bryant has called on the Government to increase funding for the Family Court, describing the underfunded system as letting down “vulnerable people caught up in the system”.   Newcastle: Court delays in action To see the backlog in action, look no further than Newcastle’s Federal Circuit Court. The court is experiencing a…

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Family Law changes aim for quicker decisions and victim safety

New laws proposed by the Federal Government would introduce streamlined parenting hearings and preventing victims of family violence from being confronted by alleged attackers. Following a review of the Family Law Act, the changes are expected to help reduce bottlenecks and long waiting periods in the Family Court, and reassure victims of violence of their…

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Housing Affordability: New Bills before the Federal Parliament

Housing affordability, rising house prices and high levels of home loan indebtedness are topics that have received much public comment in the media. In the 2017–18 Budget, the Government announced the “Reducing Pressure on Housing Affordability – first home super saver scheme. There are currently four bills before the Federal Parliament to implement tax measures…

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The Newcastle Herald: Behind Newcastle’s rising crime statistics

Opinion | What’s behind area’s rising crime statistics The NSW Bureau of Crime Statistics and Research disclosed last week that crime across most of NSW had remained stable or fallen over the past two years. The bad news, particularly for Newcastle, is that most major crimes are increasing in the Newcastle and Lake Macquarie Statistical Area. This…

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New increased police powers unjustified and problematic

Recent changes to parole and shoot to kill laws and regulations introduced through amendments to terrorism legislation in New South Wales present some very real concerns to our priceless civil liberties under the repeated political populace mantra that this is necessary to make us “safer from terrorists that would see us harm”. This bill was…

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Federal Government’s Proposed New Encryption Laws

The Federal Government has recently announced that it intends to make new encryption laws to force tech companies to provide law enforcement authorities with assistance to intercept and decrypt communications. While little else is known concerning the details of these proposed laws, the language which the Prime Minister and the Attorney General have used to…

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Changes to First Home Owners Benefits: the NSW Government’s Housing Affordability Package

From 1 July 2017 first home owners have access to a range of benefits as part of a housing affordability package implemented by the NSW Government to increase housing affordability for first home buyers. Prior to the 2017 State Budget, the NSW Government announced its housing affordability package to help first home buyers get onto…

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Do you have an unregistered firearm? Dispose of it without penalty as part of the Australian Government’s firearm’s amnesty

The Federal Attorney General’s Department has announced a National Firearms Amnesty aimed at reducing the number of unregistered firearms in our community, to run from 1 July to 30 September 2017. The amnesty allows anyone with an unregistered firearm to either register, sell or dispose of it, including its accessories, without penalty or risk of…

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on ABC Radio Victoria

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with ABC Radio Victoria.    

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on The Project

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with The Project. You can view the clip here The Project – Manny Conditsis – Parole – 6.6.17

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Potential impacts of changes to parole: Conditsis Director Manny Conditsis featured on ABC News Radio

Conditsis Director Manny Conditsis presents the potential significant impacts of changing parole laws with ABC News Radio.

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Judges Not Out of Touch

JUDGES NOT OUT OF TOUCH – Survey Shows

For many years, there has been a perception amongst the community that Judges are out of touch with contemporary societal values when it comes to sentencing. The question however, is whether that perception is the product of our Judges and Magistrates, in fact being out of touch with community values, or inaccurate, incomplete and misleading…

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