– LOCAL SOLICITORS SUPPORTING LOCAL NEEDS –
Servicing Young & Harden districts for over 40 years
Solicitors & Attorneys
About Us
Established in 1976, KP Carmody & Co has focused on continuing the firm's tradition of providing Young and Harden with quality legal advice. We understand the needs of the local community and have established a relationship of trust within it.
We value every client and strive on professionalism, knowledge and experience to provide you with top quality legal expertise.
Feel free to contact us for more information about the firm or to arrange a consultation with one of our friendly staff.
Areas of Practice
Assets inherited by a bankrupt are not protected from bankruptcy. The courts have confirmed that by virtue of s58 of the Bankruptcy Act (“the Act”), a bankrupt’s interest in a deceased estate is an interest that vests in the trustee in bankruptcy as after acquired property.
A bankrupt beneficiary named in the will of a deceased may disclaim their interest under the will before the will is administered. This will ensure that the trustee in bankruptcy cannot claim the bankrupt beneficiary’s interest in the will as after acquired property to be available for distribution among creditors of the bankrupt beneficiary.
Previous issues have dealt with capacity of the principal or grantor of the Power of Attorney and the scope of the attorney’s authority. Today article will deal with some more issues regarding Powers of Attorney.
The new form of Power of Attorney provides for Additional Powers and Conditions and Limitations. These areas allow for the expansion of what the attorney may do or alternatively provide restrictions of the attorney’s authority.
Any power that you grant to your attorney will be interpreted strictly. For instance if you grant to your attorney a power to sell and lease this does not include a power to lease with an option to purchase. With every power, specific and unambiguous expression is needed.
The existing system for demerit points allows that after a period of 3 years any demerit points will no longer remain active against a person’s licence (i.e. those points will no longer count towards a suspension on the licence).
After a further administrative period of 4 months, these “old” demerit points will be removed.
Effectively, if you receive a fine for using your mobile phone while driving, you will be issued a fine, and 5 demerit points will be allocated against your licence.
In a criminal trial, the burden of proof of guilt of the accused is placed on the Crown. That onus rests upon the Crown in respect of every element of the charges. There is no onus of proof on the accused at all. It is not for the accused to prove his innocence, but for the Crown to prove the guilt of the accused and to prove it beyond reasonable doubt.
It is, and always has been, a critical part of our system of justice that persons tried in Court are presumed to be innocent, unless and until they are proved guilty beyond reasonable doubt. This is known as the “presumption of innocence”. This expression “proved beyond reasonable doubt” is an ancient one. It has been deeply ingrained in the criminal law of the State of New South Wales for almost two hundred years and it needs no explanation from trial judges.
When a neighbour extends an olive branch it is usually a sign of peace and harmony, but when the branch extends over your fence and drops leaves, seed pods, fruits, or flowers into your backyard swimming pool it becomes a source of neighbourly annoyance.
An action under private nuisance may be taken in accordance with the Trees (Disputes Between Neighbours) Act 2006. It is noted that there are three elements required for an action in private nuisance:
Did you know that drivers in NSW can be penalised if a passenger is using a mobile phone in a way that could distract the driver According to the Road Rules 2014, a driver must not drive a vehicle that has a television receiver or visual display unit operating while the vehicle is moving that is visible to the driver from the normal driving position or is likely to distract another driver. The fine for this offence is $344 and 3 demerit points and is subject to double demerit and school zone increases.
Below, we clarify a few of the rules of mobile phones in vehicles that could help prevent you from receiving a fine or even a suspension on your licence.
The Road Rules 2014 section 300 stipulate that:
The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked unless-
Continue reading…