News - Equilaw Solicitors

05 Dec 2019

Mobile Phone Detection Cameras : WARNING!

Mobile Phone Detection Cameras : WARNING! Mobile phone detection cameras went live on NSW roads on 1 December 2019. These detection cameras will be both fixed and mobile. Unlike speed cameras there will be no warning signs to give drivers a heads up. Penalties are severe. Drivers will accrue 5 demerit…

28 Nov 2019

By Equilaw

Your Children and Family Law

Divorce, Family Law, Separation

Your Children and Family Law Clients often ask us what the most likely result will be as they enter into post separation parenting negotiations and/or Court action. It is our experience, and reflected industry wide, that about two-thirds of cases dealing with the care of children aged 14 years and…

19 Nov 2019

By Equilaw

CONSENT – A MINE FIELD

Community, Criminal Law

CONSENT– A MINE FIELD Currently, the Law as it stands in NSW regarding consent to sexual intercourse is that each party must give their conscious and voluntary agreement to the act. This agreement can be expressed verbally or in actions and likewise the refusal of consent, or withdrawal of consent,…

01 Nov 2019

By Equilaw

You No Longer Need to Slow to 40km When Passing Stationary Emergency Vehicles

Community, Traffic Offence

You No Longer Need to Slow to 40km When Passing Stationary Emergency Vehicles On 1 September 2018 there was a much-touted change to the Traffic Legislation in NSW which required motorists to slow to 40kms when passing stationary emergency vehicles with their lights flashing. This change of legislation saw a…

01 Nov 2019

By Equilaw

Police Strip Search – Your Rights and Obligations

Areas of Law, Community

Police Strip Search - Your Rights and Obligations A current topical issue is the use of strip searches by Police at music festivals and public order disturbances. The test that Police must apply in order to order a strip is one of reasonable suspicion. A reasonable suspicion must have some…

01 Oct 2019

By Equilaw

Bankruptcy And Its Effect Upon Your Home

Commercial Law, Family Law, Litigation, Property, Will and Probate

Bankruptcy And Its Effect Upon Your Home Should you enter into bankruptcy, whether voluntary or involuntary, a Trustee is appointed to manage your estate and does so by taking charge of your income streams, assets and liabilities. This will often include the family home should it be in your sole…

12 Aug 2019

By Equilaw

Estate Planning – Is It Worth the Cost?

Family Law, Will and Probate

Estate Planning - Is It Worth the Cost? It is common place for people to view making a Will as an unnecessary expense or something that can be put off until later. Ordinarily a Will can be drafted and executed in just two consultations and the reasonableness of the cost…

05 Jul 2019

By Equilaw

Appealing Police Suspensions Of Your Driver’s Licence

Community, Traffic Offence

Appealing Police Suspensions Of Your Driver's Licence Following the State Government’s overhaul of the Driver Licensing Legislation from 20 May 2019 all PCA (drink driving) offences will receive an on-the-spot driver licence suspension by Police. These suspensions can be challenged in Court however it is important to know that…

27 Jun 2019

By Equilaw

Recovering Legal Costs

Litigation

Recovering Legal Costs A question that we are often asked is “Can I recover my legal fees?” In Family Law, Criminal Law, Traffic Law and Care and Protection Law matters, recovering legal costs is not a straight forward matter. Parties should approach the litigation on the understanding that they will…

29 May 2019

By Equilaw

Family Law and Property Settlement

Divorce, Family Law, Separation

Family Law and Property Settlement It appears there is a common misconception throughout the Upper Hunter that Family Law Property Settlements in which one spouse is employed in the mining industry and the other is not must result in a net asset percentage split that is unfavourable to the spouse…