Committal hearings are only conducted in particular circumstances that are governed by section 96 of the Criminal Procedure Act. If you have been given notice that a committal hearing will be conducted or are unsure whether this process applies to you, contact your...
The purpose of the Major Crime (Investigative Powers) Act 2004 (MCIP Act) is to structure and provide a system for properly authorising and oversight of coercive powers that can be used to investigate and prosecute organised crime offences and to target, specifically,...
The current laws as they stand, pursuant to Section 4 of the Open Courts Act 2013 (‘Open Courts Act’), support the presumption of open justice and the disclosure of information in our legal system. However a court can make an order that restricts or prohibits the...
FAMILY LAW – PARENTING/CHILD ACCESS ORDERS To many of you with children, the pertinent question that arises with a separation in a marriage or de-facto, is who the child will go to; and whether you as a parent are entitled to them solely. The Family Law Act 1975 deals...
To many of you with children, the pertinent question that arises with a separation in a marriage or de-facto, is who the child will go to; and whether you as a parent are entitled to them solely. The Family Law Act 1975 deals with this through parenting or child...
EMPLOYMENT LAW – UNFAIR & UNLAWFUL DISMISSAL Employment law is currently governed by the Fair Work Australia Tribunal. The governing legislation is the Fair Work Act 2009. Provisions under the fair work act explain Unfair Dismissal, while the separate civil action...
CRIMINAL LAW – POLICE POWERS OF ARREST Under Victorian Law, specifically the Crimes Act, Police Powers of Arrest are determined in the following sections:- 1. Section 459:– “A member of the police force or a protective services officer may at any time, without...
MOTOR TRAFFIC LAW – IMPOUNDMENT, IMMOBILISATION OR FORFEITURE ORDERS In Victoria, The Road Safety Act 1986 is the legislation that governs a majority of Motor Traffic laws, which give rise to Forfeiture, Immobilisation and Impoundment Regulations. In breaching these...
Drink and Drug Driving Offences An area of law that is often dealt with serious civil consequences, of which can also turn into criminal sentences if there is an involvement of a serious accident, or injury in the drink driving matter. Victoria is a state that has...
INTERVENTION ORDERS – TWO TYPES The use of Intervention Orders in today’s day and age are becoming more and more prevalent in our judicial system. In Victoria, Our legislature has legislated for two main types of Intervention Orders to cover for two main purposes. The...