Alcohol fuelled violence: how the criminal law looks at intoxication
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
Alcohol fuelled violence has been a repeated topic of conversation over recent years, particularly after significant outcry from communities who have experienced the loss of young men and women as a result of alcohol fuelled violence.
When it comes to alcohol and the criminal law, there are many ways in which alcohol and intoxication are relevant to offences. To name just a few of the instances when the criminal law deals with intoxication; intoxication can be a factor which Police must take into account when interrogating suspected offenders, it can be an element of an offence itself, it can be relevant to whether an offender had the mental capacity to actually commit an offence and it can be relevant to the sentencing of an offender. Read the rest of this entry »
Recording your parenting agreement
Ashleigh John is a Family Law Accredited Specialist at Mullane & Lindsay in Newcastle and practises extensively in Family, Relationship and Matrimonial Law.
Many parents are able to reach agreement as to arrangements for their children. Some are able to do so over the kitchen table at the time of separation; others obtain assistance from mediators and lawyers. However you reach your agreement, the question remains, how do we record it?
There are two primary ways of recording your parenting arrangements:
- Parenting Plan; and
- Consent Orders.
Parenting Plans are a written agreement (usually signed by the parents) setting out what they agree will happen for their children.Consent Orders are formal orders of the Court. Parents who reach agreement can have their agreement drafted as proposed orders, which are then considered by the Court, and – provided that the proposal is considered to be in the best interests of the child/children – the orders sought will be made. This is an administrative process and does not require the parents to physically attend at court. Read the rest of this entry »
Releasing joint debts
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
The NSW Court of Appeal recently considered a case about legal costs; but it involved an issue which has broader ramifications for commercial transactions.
There was a costs dispute between solicitors and two former clients. The solicitors were awarded costs and then had their costs assessed in the usual way under the Legal Profession Act. A Certificate of Costs Assessment then issued. To enforce such a Certificate it is necessary to register it as a Court judgment. That occurred about three years after the original costs order was obtained. During that intervening period the solicitors had entered a Deed of Release with one of the ‘debtors’.
An application was made to set aside the judgment. The primary argument was that at the time the judgment was entered there was not, as required under the Legal Profession Act, “unpaid” costs – because the Deed of Release, although only with one of the debtors, had the effect of releasing both of them from any claim. Read the rest of this entry »