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What is a Section 60 notice?

What is a Section 60 notice?

Section 60 It is an offence pursuant to the Road Safety Act 1986 (RSA) section 60 for the owner of a motor vehicle or a relevant nominated person in relation to a motor vehicle, when required to do so by police acting in the execution of duty, to fail to give any...

Family Violence Orders 2008

Family Violence Orders 2008

What is the meaning of Family Violence? In Victoria, Family Violence matters are taken seriously and can attract terms of imprisonment, it is important to note that Family Violence is defined broadly in the Family Violence Protection Act 2008 as stated below: (1) For...

Costs

Costs

What are costs? In Victoria, individuals who are facing criminal proceedings, can by order of the Magistrate/Judge  claim their incurred legal costs. In the Criminal Procedure Act 2009, s400 states that ‘the court must not make an order awarding costs against a person...

Home Invasion & Burglary

Home Invasion & Burglary

What is the difference? 1. Home Invasion: This is an offence under Section 77A of the Crimes Act 1958, the elements of this offence are illustrated below: 1.) A person commits a home invasion if— ( a. ) the person enters a home as a trespasser with intent— ( i. ) to...

What is a Firearm ban order?

What is a Firearm ban order?

The history of FPO’s - Firearm Prohibition Orders were introduced in Victoria in May 2018, these are newer protective measures with the purpose to protect the community and stop gun crime by targeting people who wish to possess, use or carry firearms unlawfully....

Spent Convictions

Spent Convictions

What is it? The Spent Convictions Act 2021 is relatively new legislation, with its main purpose being to remove the unfair barriers that face Victorians who have committed offences in the past, but have now shown the possibility of rehabilitation. A ‘spent conviction’...

Summary Offence Procedure – Calling the Bluff

Summary Offence Procedure – Calling the Bluff

The purpose of this blog is to explain the summary offence procedure and to talk about how negotiations work with police during the procedure. Mention Hearing This is the initial stage of the procedure, and the Magistrate will ascertain where parties are at in...

Preliminary Brief

Preliminary Brief

I’ve been served a preliminary brief, what does this mean? What is a preliminary brief? A preliminary brief is essentially a group of documents that are compiled by Victoria Police, these documents are then served to the accused who has been charged with a criminal...