Strict Liability Offences Certain offences do not require prosecution to prove the requisite mental element. The prosecution must only prove, beyond reasonable doubt, that the accused committed the physical act that constitutes the offence. Strict liability offences...
Driving an Unregistered Vehicle Driving an unregistered vehicle is an offence under section 7 of the Road Safety Act 1986 (Vic) (1) A person must not— (a) use on a highway a motor vehicle or a trailer; or (b) own a motor vehicle or a trailer which is used on a...
Child Protection is a branch of the Department of Families, Fairness and Housing that is responsible for protecting children and ensuring the safety and wellbeing of children. Child Protection has the role of investigating cases to assess whether a child is at risk of...
Section 60I Certificate If you wish to make parenting arrangements before the court, you must prove that you attempted family dispute resolution (‘FDR’). This is executed through a section 60I certificate, which confirms that you have attempted FDR before filing a...
What is a Diversion? Diversion allows individuals charged with certain minor offences to avoid a criminal record by undertaking certain conditions. Eligibility for Diversion Section 59(2) of the Criminal Procedure Act 2009 (Vic) sets out when an accused may be...
What Does It Mean if You Have Been Charged with an Offence? A criminal charge is an accusation that you have committed a crime. In order for there to be a conviction against you, the prosecution must prove the elements of the criminal charge. Every criminal offence is...
How Do I Get a Divorce? The marriage has ended and you wish to formalise it by having a divorce. To get a divorce, you and your spouse must have been separated for at least 12 months, and there is no reasonable likelihood you will get back together. Eligibility for...
Victoria’s committal process has been significantly reformed as of December 2025, with full implementation of the new process coming earlier this year. These reforms have ultimately changed the priorities of the Magistrates’ Court (MCV) during commitals, shifting what...
The Children, Youth and Families Amendment (Stability) Bill 2026 (Vic) introduces a number of reforms that reshape how Victoria’s child protection system plans cases and handles family reunification orders, seeking the best interests for children in out-of-home care....
By Fulvio Biondi What are Threats to Kill? "Threats to Kill" is found under s20 of the Crimes Act 1958 and is stated as follows: A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person — (a) intending that...