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Know Your Rights When Pulled Over For Traffic Offences

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Know Your Rights When Pulled Over For Traffic Offences

 

Sometimes the first time you know you’ve been speeding is when a police car signals for you to pull over. You might not have realised how fast you were going or there may have been some confusion over the speed limit. No matter what the reason was you should know your rights in the event that you are pulled over by police. Platinum Lawyers can help you challenge a Speeding Fine or other Traffic Related Offences. Here are your rights when you have been pulled over by a police officer.

Can Police Pull Me Over?

 In order to pull you over, a police officer must have a rational suspicion that you are breaking the law. However, they are also able to pull you over for a random breath test so there is a wide scope for police to have the authority to pull you over. If police have signalled for you to pull over it is in your best interest to do so. If you refuse to stop for the police then they will engage in a pursuit. This can result in a maximum of three years imprisonment along with a Driving Ban for three years.

Answering Questions and Filming Police

 When you have been pulled over, the only information you need to provide is your name and address which you are required to verify by presenting your driver’s license. You are under no obligation to answer any other questions when you have been pulled over. It’s advisable to avoid any confrontation or argument. If you wish to film the police once you have stopped the car and turned off the engine, you are free to do so. The police officer can’t take your filming device off you or delete any of the footage. However, you should be sensible about your filming technique and not put the camera in front of their faces or hindering them with proceedings in any way. If you are seen to be obstructing them by filming them then you may end up facing assault or trespassing charges. If you wrongly have your camera or phone confiscated you can get a recovery expert on the case. For any assistance in these matters, call Platinum Lawyers.

Assessment of Speed Estimate

 Police don’t necessarily require devices to assess if you are over the Speed Limit. They can rely on their approximations of speed when it comes to handing over speeding fines. However, you don’t have to accept it and can take it to court if you feel you were driving at or below the speed limit. If the evidence displays that you were speeding beyond reasonable doubt then you would be found guilty. Alternatively, if it is determined that you weren’t speeding, then the magistrate will revoke the fine and cancel any suspensions or demerit points.

Police Harassment

Whether you were speeding or not, police are expected to uphold the law and this should be done without assault or any other illegal activity towards you. If you feel there has been any wrongdoing, you should report it to the Local Area Commander. If you aren’t happy with the outcome then you can bring it to the attention of the NSW Ombudsman. Getting a lawyer experienced in this area of the law is your best bet and Platinum Lawyers regularly represents clients for Traffic Offences.

 

 

Traffic Offences On Driving With A License Suspension In Sydney

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Traffic Offences On Driving With A License Suspension In Sydney

If your driver’s license gets suspended in Sydney, it can be very problematic. You may need to drive for work, use your car to drop the kids off or get to and from work. It can impede on being able to get to the shops as well as your social life. There are many reasons you might want to get behind the wheel, however, there are consequences of doing so. If you want to challenge your license suspension get in touch with Platinum Lawyers. We are well experienced in Traffic Offence legislation and can provide an excellent representation for you in court. Here are the penalties for driving whilst having a license suspension in Sydney.

Be Clear About the Suspension Period

 You can get your license suspended for a number of reasons including exceeding your demerit point limit or not paying your fines. A police officer can issue a suspension on the spot or it may be issued by the court. Roads and Maritime Services will advise you in the mail if you have incurred too many demerit points. As long as you have kept your contact details up to date then you should find out via post that you can no longer get behind the wheel. If you haven’t changed your address details this won’t be accepted as an excuse for driving while suspended. If you were caught excessively drink driving or a similar traffic crime you will be advised in court of the period of disqualification. It is your responsibility to identify what the exact length of the suspension is and what date you are permitted to drive again. Ignoring the suspension has significant consequences.

Penalties for Driving Without a License

The penalties for driving whilst banned from doing so differ and will largely depend on if it’s your first offense. You may have to pay up to $3,300 in fines and face a compulsory disqualification for a year if it’s your first time. If you repeatedly ignore the suspension you may have to fork out $5,500 in fines and forget about driving for two years. There are also further penalties if you get a suspension whilst learning to drive or during the probationary period. You might have to start from the beginning of the type of license you had before the disqualification period.

How a Lawyer Can Help?

 Driving whilst suspended will result in a criminal conviction being recorded which can have negative repercussions on your job prospects amongst others. For example, nursing, childcare and security careers require a clean criminal record. You may also experience problems if you want to travel or move to another country. If you hire an experienced lawyer, you may be able to persuade the court to give you a section 10 which overrules the conviction and suspension. It is advisable to seek legal advice if you have been charged with driving whilst suspended from driving in Sydney. When looking for a lawyer, ensure they have adequate experience with Traffic Offences.

Hiring a reputable lawyer to defend you greatly reduces the likelihood of receiving a severe penalty along with a criminal conviction. If you are looking for legal advice regarding Traffic Offences in Sydney contact Platinum Lawyers.

Call (02) 8188 2310 for more information.

When Do You Need A Family Lawyer?

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When Do You Need A Family Lawyer?

Every family goes through problems. If you are in an unfortunate situation such as a divorce or a child custody case, the first thing you need to do is get yourself a family lawyer. In such stressful times it can be difficult for you to figure out what you want.

If you are in the midst of such emotions and distress, you should consider getting yourself a Family Lawyer who can guide you legally and professionally.

Platinum Lawyers Sydney can be your legal assistant through situations such as divorce, child custody, adoption, property settlements, and more. Here’s a list of situations when you need to get yourself a family lawyer instead of relying on yourself.

Divorce

A marriage that is falling apart is stressful for both parties and many times they don’t know what to do and at what point do they need to file for a divorce.

When considering a divorce, the best option for you is to get legal advice on what each party’s rights are and what the procedure is going to be like. You can contact Platinum Lawyers who are Sydney’s leading family lawyers specializing in divorce.

If you are not ready to take the big step yet, you might want to get a mediator who can act as a third party to help negotiate between you two. However, if you decide that things have gotten out of hand and divorce is the step you want to take, a Family Lawyer is the one that can help you file for the divorce, carry out all the paperwork, and negotiations.

Child Custody

Divorce is bad enough but when a child is involved, it can be worse. The court will hand over custody to a parent based on various reasons. If you wish to gain the custody of your child, you will need a good Family Lawyer by your side. Platinum Lawyers has a team of skilled Family Lawyers with many years of experience in dealing with child custody cases specifically.

They will be your guide throughout the entire process both emotionally and legally, and advise you on how to win back custody of your child.

Property Settlements

Property settlements can be emotionally and financially draining and it is better to get yourself a lawyer to accompany you through the long and grueling process of reaching a property settlement. Platinum Lawyers have dealt with many property settlement cases and we thus have the expertise to guide you through the process. We will make sure you know your rights and will give you the advice of what is in your best interest at all times.

Platinum Lawyers is your trusted legal advisor and you can call us at (02) 8084 2762 to get further information on our services.

What you need to know about road safety in Sydney and Parramatta?

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What you need to know about road safety in Sydney and Parramatta?

 

At the start of your license training, every driver is taught the basic rules and regulations of driving. Over time, however, you may need to refresh your memory of these rules in order to avoid getting into any legal trouble in the form of Traffic Offences or drink driving.

Another reason to keep learning is that laws change over time and are different across states so you might want to be prepared. Platinum Lawyers has put together a list of rules that you need to know about driving safely in Sydney and Parramatta to avoid legal worries.

Driving under the influence of alcohol or drugs

Drink Driving offences are one of the most common offences in New South Wales so it’s safe to say that it can happen to any one of us. The only way to avoid such a charge is to be careful and know the consequences.

Although imprisonment is unlikely unless in extreme cases; the immediate consequence of driving under the influence is automatic disqualification of your license and a fine depending on the circumstances.

In Sydney, if you are found with a Blood Alcohol Level (BAC) of 0.05 or more, you will be considered legally drunk.

Wearing a seat belt

Every person in a vehicle, including the driver and passengers, is required to wear a well fitted and adjusted seatbelt. This might sound obvious but despite this law, it is estimated that each year more than 30 people are killed and 270 injured because of not wearing a seatbelt in NSW. The legal consequences of not wearing a seatbelt include penalties and demerit points for drivers who do not ensure that every passenger, including them, is wearing a seatbelt.

Distractions while driving

Research has found that 14% of crashes are caused by distractions inside or outside the vehicle. The most common distractions while driving include: mobile phones, adjusting vehicle settings, other passengers, eating, drinking, smoking and external distractions. Although not all of these may be punishable by law, they are all equally dangerous and must be avoided. Mobile phone road rules indicate that using your phone while driving can lead to demerit points.

It is best to follow these rules to stay safe. But if you are facing any such charges, getting help from a lawyer is the right thing to do. Platinum Lawyers can help you with drink driving or traffic offences. Contact us at (02) 8084 2764. 

Parenting Arrangements After Separation

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Parenting Arrangements After Separation

 

A divorce or separation is a stressful time as is, but when there are children involved, an extra level of stress is added over. Questions like “What will happen to the children?” and “How will they be affected by the separation?” arise. The answers to these questions lie in the different kinds of parenting arrangements to choose from and the one you opt for.

The decision you make depends on whether both parties involved are on amicable terms or not. Hiring an experienced family lawyer can help you make this decision and draw out the parenting arrangements, too.

Platinum Lawyers Sydney has some of the best family lawyers who are not only qualified but also understanding and reliable when it comes to dealing with your legal problems. We have expert legal consultants who not only understand every nook and hidden clause of legislation, but are also empathetic enough to understand your troubles during the difficult time of separation.

To help you understand some of the basic parenting arrangements, our expert Family Lawyers in Sydney have put together some important notes for you. Please note that you would need support and legal help of a Family Lawyer, so don’t take this information as the bible and visit Platinum Lawyers for more tailored solutions to your problems.

The parenting arrangements, you can opt for, fall in the following categories:

Informal Arrangements

An informal arrangement is when parties who are on amicable terms come to a verbal agreement on how the child will be parented. This agreement is not legally binding, has no written form and is not reviewed over by lawyers.

With such unenforceable arrangements, there is no guarantee that the arrangement will hold in the future when the relationship between the parties can change. It is thus recommended to have a skilled lawyer oversee the arrangement and come up with a more durable and reliable arrangement.

Parenting Plan

A parenting plan is similar to the informal arrangement in that it is also an amicable arrangement between both parties. However, unlike informal arrangements, parenting plans are written contracts drawn up and mutually agreed upon by both parties. You’re not required to go to the court to make a parenting plan and there are no such guidelines on how the plan should be drawn.

Consent Orders

Consent orders also involve the agreement of both the parties and are written documents too. They are different from parenting plans, however, in that they require the court to approve the orders. The court will first check if the orders are in the best interest of the child and will then make them legally binding.

The advantage for consent orders is that since they are legally binding, a breach of contract will have legal ramifications.

Parenting Orders

Parenting orders are made by the court in a situation, where both parties cannot come to an agreement. In this case, the court will make all the decisions and come up with a legally enforceable parenting order that is in the best interest of the child.  This will help ensure the safety and healthy growth of the child.

Frequently Asked Questions (FAQs) – Why Platinum Lawyers is Highly Recommended

  1. Why is it crucial to seek legal assistance during a divorce or separation involving children?
  • A: Seeking legal help is vital as it ensures informed decisions are made regarding parenting arrangements, considering the well-being of the children and the legal implications involved.
  1. What role do family lawyers at Platinum Lawyers Sydney play in helping individuals during a divorce or separation?
  • A: Our family lawyers provide not only legal expertise but also understanding and reliability, guiding you through the complexities of family law and offering tailored solutions to your specific situation.
  1. What are the main categories of parenting arrangements individuals can opt for during divorce or separation?
  • A: The main categories include Informal Arrangements, Parenting Plans, Consent Orders, and Parenting Orders, each with its unique features and legal implications.
  1. What is an Informal Arrangement, and why is it recommended to have legal oversight?
  • A: Informal Arrangements involve verbal agreements between amicable parties. Legal oversight is recommended to ensure durability, reliability, and to address future changes in the relationship dynamics.
  1. How does a Parenting Plan differ from an Informal Arrangement, and why consider it?
  • A: A Parenting Plan is a written contract mutually agreed upon by both parties, offering a structured alternative to informal arrangements. It provides clarity and may offer more security for the future.
  1. What are Consent Orders, and how do they differ from Parenting Plans?
  • A: Consent Orders are legally binding written documents requiring court approval. Unlike Parenting Plans, they undergo court scrutiny, ensuring they are in the child’s best interest with legal ramifications for breaches.
  1. When is it advisable to opt for Parenting Orders, and how are they enforced?
  • A: Parenting Orders are court-made decisions in situations where parties cannot reach an agreement. They are legally enforceable, ensuring the safety and well-being of the child.
  1. What advantages do Consent Orders offer in terms of legal ramifications for breaches?
  • A: Consent Orders, being legally binding, carry legal consequences for breaches, providing added protection and enforceability.
  1. How can Platinum Family Lawyers at Sydney assist individuals in setting up a parenting arrangement?
  • A: Platinum Family Lawyers offer expert legal advice and support, guiding individuals through the process of setting up parenting arrangements. Contact us at (02) 8084 2764 for personalized solutions.
  1. Is the information provided a comprehensive guide, or is it recommended to consult with a family lawyer?
  • A: While this information offers insights, it is advisable to consult with a family lawyer for a comprehensive understanding and tailored solutions to specific situations.
  1. How do parenting arrangements contribute to the safety and healthy growth of the child?
  • A: Properly structured parenting arrangements, whether informal or court-ordered, contribute to the child’s safety and healthy growth by providing a stable and supportive environment.
  1. Why is Platinum Lawyers Sydney a reliable choice for legal assistance during divorce or separation with children?
  • A: Platinum Lawyers Sydney offers not only qualified and experienced family lawyers but also empathetic consultants who understand the challenges of separation, providing reliable and understanding legal support.

If you need help or legal advice over setting up a parenting arrangement, call Platinum Family Lawyers for better legal advice at (02) 8084 2764. today.

How To Pick The Right Family Lawyer In Sydney?

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How To Pick The Right Family Lawyer In Sydney?

 

Legal representation is a required event at some point in most people’s lives. When that happens, a lot of thought needs to be put towards selecting the right kind of lawyer. A phase of our lives that is often never considered is the end of a legal relationship. This is what sets apart a family lawyer from a business lawyer that you only see occasionally.
Picking the right family lawyer for yourself will help you out in the long run. A proper family lawyer will represent you by having your best interests at heart. Let us look at some qualities that go into choosing the right Family Lawyer for yourself.

Proximity

One of the things you must do is look for a law firm near to you. This will make face to face communication easier, when required. You will not need to face the hassle of having to travel long distances to meet with your lawyer.

Knowledge and Experience

You can choose a lawyer that matches your needs. This means looking out for a person with the appropriate expertise according to your requirements. Another factor is the number of years the firm has been established. You might choose a newer firm as they will have fewer clients, or an older firm that has more experience. Whichever firm you choose; ensure they are specialised in family law.

 

Referrals in Sydney

Ask around from people you trust in when gathering information about who to select. Your business lawyer might be able to assist you in finding a family lawyer. Check out websites of firms in order to help you make a decision. You can always ask for another lawyer at the firm you choose.

Conflicts of interest

If a lawyer has given legal aid to your spouse or represented them before, the lawyer or law firm should not be representing you. This is called a conflict of interest. It also applies to if you consider having your business lawyer act as a family lawyer.

Cost

One of the important factors is that you should always know how much you are able to afford. & the total cost involved.  You should go for a balanced rate. A Family Lawyer that is a specialist could end up costing you lesser than lawyers that charge a cheaper hourly rate. However, you should also not have to pay so excessively that you run out of money before your case could progress further. Keep in mind that there might be changes in your circumstances while you require legal aid.

At Platinum Lawyers, we understand the difficulty families face when going through such situations, which is why we have a board of well-trained and experienced family lawyers who will respect your situation and give you room, while dealing with all the legal aspects properly. You can call us at (02) 8084 2764.  for more information.

Where There Is A Will, There Is A Way

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Where There Is A Will, There Is A Way

 

Most people are by and large aware of the fact that they should prepare a will in their lifetime. People also tend to change their will if they already have one drafted, if their situation requires them to. While preparing a will is seen as a pessimistic act, it is very important for you to draft one. As this is the only way, you will have a guaranteed distribution of your belongings and assets, as per your intentions.

In the absence of a will, your assets will be distributed in a predetermined way, one which may not align with the intentions of the deceased.

It is not uncommon for people to challenge a will, in the hope that it will be disqualified for court use and that the assets will fall as per the hierarchy which is predetermined. Although, with a properly drafted will, chances of it being challenged are almost close to none. Even if it is challenged, it is of no use and the will usually stand valid.

A good law firm can help you provide lawyers that specialise in Wills Probates. These lawyers have a sound knowledge of how Wills work in court and how to draft them. They do so in a way that the will is almost unchallenged and it also fulfils your requirements.

Wills Probate

What exactly is a Wills Probate? It is the process that validates a Will as approved by the Court to be the full and final Will of the deceased. The second important part of a probate is granting the executor title to the person named in the Will of the deceased. The executor is then responsible for the assets of the deceased and has to act accordingly to pay any debts that he had left, any other expenses, and afterwards distributing the rest of the assets as per the instructions in the Will.

Any good lawyer who specialises in Wills Probates will have a proper understanding of the laws that are applicable when applying for a probate. They are also sensitive towards the client’s situation and respect their expectations.

In case someone dies without leaving a will behind for the distribution of assets, experienced lawyers can also help you in that situation. In such circumstances, a Letter of Administration is required from Court. In this case, the distribution of assets follows a natural plan which enlists Spouse (if alive), Next of Kin and the Government, prioritising spouse first and the government as last.

If you are looking for a lawyer that can help you draft the perfect Will that abides by the rules and laws, help you get a grant of Probate at the earliest possible or help you out in any other matter related to the deceased’s assets, Platinum Lawyers is the way to go. We are a top firm in Sydney and have expert lawyers to deal with your case. Call us at (02) 8084 2764. 

Property Settlement Basics at the End of a Relationship

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Property Settlement Basics at the End of a Relationship

 

When two people are involved in a relationship (marriage or de facto) and they decide to part ways and end the relationship, both parties need to discuss the division of their financial assets among themselves.

This can include transferring the ownership of anything ranging from cash, real estate or any other form of property between the two parties. For example, if both parties may agree that the house goes to one of the parties who will pay the other party in cash for buying out their share in the house.

Whenever two parties have decided to end a relationship and separate, it is very important for them to get advice from a legal practitioner who specializes in family and property law. This will help you determine what you are entitled to.

 

Formalizing a Property Settlement

When both parties that were previously in a relationship, have reached an agreement on the settlement and division of property and other financial assets, it is very vital to make it legal and get it on paper.

Typically, there are two ways of recording an agreement between the two parties:

1. A Binding Financial Agreement (BFA)
2. A Consent Order

Both of these forms of agreements are almost the same, but the difference is that a Consent Order has been reviewed and analyzed by the Court, whereas a Binding Financial Agreement is merely an agreement between the two parties without the Court overseeing anything.

You should consult any expert family lawyer in Sydney to help you decide which form of agreement is the best for you.

Make Property Settlements Soon After Separation

If two parties who were previously in a relationship have not cut financial ties with each other, there is a possibility that either one of the parties can make a Property Settlement claim against the other.

This means that if you have acquired any new assets or have improved financial conditions after you were last in that relationship, all your new assets and finances are subject to a division, if a property settlement claim is made by the other party.

Another problem is the fact that if your partner sells or wastes any assets that were to become a part of the assets being divided, they will no longer be included in the settlement. The reason is that the Court cannot deal with finances and assets that don’t exist anymore.
Be sure to approach a reputable family law firm in Sydney to assist you with your property settlement. If you are in Sydney, Platinum Lawyers are the expert family lawyers in Sydney and can help you during these difficult times keeping your interest as a top priority when making a settlement. You can contact us at (02) 8084 2764.  for any queries or concerns.

Why Planning Wills for Blended Families Is Difficult?

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Why Planning Wills for Blended Families Is Difficult?

 

It is harder for many people to make Wills because of their family structures. Those having blended families involving step children are usually hesitant about estate planning or making a Will as they worry that the process will be even more complicated and stressful than usual.

Planning a will for Blended Families

People re-marrying and having blended families is pretty common but one should not forget the importance of Creating a Will so your assets are distributed without any dispute amongst your loved ones and dependents after you die.

It is quite natural for people to want to ensure that their spouse is provided for after they leave the world, but they also want to provide for their children’s needs in the longer term, especially if their children aren’t yet grown up.

Messy? Stressful? It is!

But nowhere close to the consequences of not having a will drafted!

And what about those Do-it -yourself kits?

Without proper legal advice and the experience and knowledge the family lawyers at Platinum Lawyers have, the will you create with one of those do-it-yourself kits might not be legally enforceable and/or legally binding.
Leave your Estate Planning in the safe hands of experienced lawyers who are able to draft a will tailored to your individual needs and wishes. This would alleviate unnecessary stress and opportunity for a will to be contested and it has been drafted by a professional legal representative.
Speak to one of our family lawyers today if you want advice on drafting a will. Don’t put it off as you never know when you will need it. Our friendly family lawyers can also give you advice on Enduring Power of Attorney and Enduring Guardianship which are other essential documents clients will have us draft when drafting a Will. At Platinum Lawyers, we can offer a competitive fixed fee for all 3 documents as a package.
Also remember that it is very important to update your estate planning documents on a regular basis and especially if there is a significant change in your circumstances. There is no point having a Will that was drafted 10 years ago and doesn’t apply to your current situation.

If you have any further queries regarding estate planning, wills, property management, conveyancing etc, please feel free to contact Platinum Lawyers in Sydney and Parramatta for assistance. Call us at (02) 8084 2764. 

How to Make a Valid & Enforceable Will

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How to Make a Valid & Enforceable Will

 

A Will that complies with the formal requirements of section 6 of the Succession Act 2006 (NSW) (‘SA’) will be admitted to Probate in the equity division of the NSW Supreme Court.

Who Can Make A Will?

Only a person over the age of 18 can make a valid Will unless:
(a) A minor makes a Will in contemplation of marriage;
(b) A minor who is married may make, alter or revoke his/her Will;
(c) A minor who was married may revoke whole or part of his/her Will that was made while he/she was married.

Elements of a valid will

Section 6(1) SA provides that a Will is not valid unless:

 

(a) It is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator (enduring power of attorney); and
(b) The signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
(c) At least 2 of those witnesses attest (certify the truth) and sign the Will in the presence of the testator (but not necessarily in the presence of each other).

Section 6(2) SA provides that the signature of the testator must be made with the intention of executing the will, but it is not essential that the signature is at the foot of the will.

NOTE: Under section 10 SA, the receipt of a beneficial disposition under the Will by the interested witness will fail (witness-beneficiary rule), unless the following three circumstances can be established:

1. Two other people who are not interested witnesses attest to the execution of the Will; or
2. All persons who directly benefit from the avoidance of the disposition consent in writing to the distribution of the gift under the Will; or
3. The Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily pursuant to his/her testament.

What Constitutes Writing

Pursuant to section 21 of the Interpretation Act 1987 (NSW), writing includes any way of representing or reproducing words in visible form. In Estate of Slavinskyji (1998), the deceased wrote his Will on the wall of his home in the presence of his neighbours. On an envelope, he wrote the name of another beneficiary and placed it in a crack of the wall. The Court dispensed with the formal requirements of a valid Will and admitted the writing to Probate (see dispensing powers post) because the circumstances and words used by the deceased left no reasonable doubt that he intended the writing to constitute his final testamentary wishes.

At Platinum Lawyers, we have highly experienced solicitors who are able to assist you with your will preparation. If you would like us to engross a will that effectively expresses your testamentary wishes, please do not hesitate to contact us on (02) 8084 2764. 

How Demerit Points Work In The Holiday Season

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How Demerit Points Work In The Holiday Season

As we all know that when holiday season draws near, more and more people start to go out. People are celebrating and going out to shop for gifts, decorations and other things that they might need for Christmas, Boxing Day or for the New Year’s.

The increased number of people going out means there is an increase in traffic on the roads and it gets a little crowded. Moreover, the law enforcement officers are also more vigilant in the holiday season because of the potential damage a traffic offence like speeding or drunk driving might cause. To encourage drivers and riders to obey the traffic laws more strongly, the Roads and Maritime Services (RMS) department has introduced a period of time, when the penalty for breaking the laws of the road are more severe.

Usually, whenever you commit an offence, demerit points for that certain offence are added to your driving record. If you reach the limit of demerit points within a 3-year period on your respective license type, the RMS can suspend or refuse to renew it.

Demerits Don’t Take Holidays

🚨 What Are Demerit Points During Holidays (Double Demerits)?

In New South Wales (NSW), demerit points during holiday periods refer to the double demerit point system—a temporary enforcement measure aimed at deterring dangerous driving during high-risk times such as public holidays and long weekends.

✅ What Happens During Double Demerits?

Certain driving offences that usually carry a demerit point penalty will incur double the usual points if committed during designated holiday periods.

For example:

  • Speeding <10 km/h over the limit:

    • Normal: 1 point → Holiday: 2 points

  • Using a mobile phone while driving:

    • Normal: 5 points → Holiday: 10 points

  • Not wearing a seatbelt:

    • Normal: 3 points → Holiday: 6 points

  • Riding without a helmet (motorcyclists):

    • Normal: 3 points → Holiday: 6 points

⚠️ These extra points can quickly lead to license suspensions, especially for provisional and learner drivers who have lower point thresholds.

Sources: Transport for NSW – Demerit Points and Double Demerits

🎯 NSW Holidays with Double Demerit Points

Double demerit periods apply during high-risk holidays, as designated by Transport for NSW.

The government’s road safety site clearly outlines the double demerit periods, the applicable offences, and the enforcement approach:

    • Double demerit periods for 2024–2026 are listed, including:

      • Christmas & New Year: 20 December 2024 – 1 January 2025

      • Australia Day: 24–27 January 2025

      • Easter: 17–21 April 2025

      • Anzac Day: 24–27 April 2025

      • King’s Birthday: 6–9 June 2025

      • Labour Day: 3–6 October 2025

    • Offences that attract double demerits include:

      • Speeding

      • Illegal mobile phone use

      • Not wearing seatbelts (including passengers)

      • Riding without a helmet

📌 Note: Double demerits usually begin midnight the day before the holiday and run until midnight the day after the holiday or weekend ends.

Sources:

NSW Government – Demerit Points and Offences

Service NSW – Check Your Demerit Points

What’s Different About Demerit Points In The Holiday Season

The Roads and Maritime Services has a double demerit points period to encourage drivers to abide by the laws of the road and encourage safe driving in the holiday season. As this holiday season starts with Christmas and ends on New Year’s Day, the double demerit points period specified starts from the midnight on December 22nd 2017 to January 1st 2018.

Double demerit points means that if you were to break any road law and it had 2 demerit points for that certain offence to be added to your driving record, in this particular time period the demerit points added will be double the normal amount. So you will having 4 demerit points added instead of 2 to your record.

This double demerit point system applies to certain types of offences which includes:

  • Use of mobile phones while driving
  • Riding without helmet
  • Not wearing your seatbelt
  • Exceeding speed limit

✅ Tips for Safe Holiday Driving

Holiday Mode? Stay Road Smart.

Avoid demerit points — and serious consequences — with these tips:

  • Plan your trips: Avoid peak traffic hours

  • Take breaks: Don’t drive tired

  • Avoid phone use: Use hands-free or pull over

  • Stick to the speed limit

  • Designate a driver if drinking

🧠 Remember: The best way to beat double demerits is to avoid getting them altogether.

Why Choose Platinum Lawyers for Traffic Offence Matters

1. What makes Platinum Lawyers different from other firms?

We provide specialised expertise in traffic law with a strong track record of successful license appeals and reduced penalties for clients.

2. Do you have experience with demerit point-related suspensions?

Yes — our team has handled hundreds of license suspension cases and regularly appears in local and district courts across NSW.

3. Are consultations confidential and obligation-free?

Absolutely. Your initial consultation is completely confidential and free, with no obligation to proceed unless you’re satisfied.

4. Can you help with urgent court matters?

Yes, we offer fast-tracked legal services for urgent court appearances, especially during high-risk holiday seasons when double demerits are enforced.

5. Do you handle appeals for provisional and learner drivers?

Yes — we have experience representing P1, P2, and learner drivers, who are particularly vulnerable during double demerit periods.

6. Will I have a dedicated lawyer handling my case?

Yes, we assign a dedicated solicitor to each case, ensuring personalised attention and consistent communication throughout.

7. Do you offer fixed-fee services?

Yes, we offer transparent fixed-fee pricing for most traffic matters, so there are no surprise costs.

8. Can you help reduce or avoid license suspension?

Yes — through strong court advocacy, preparation, and alternative penalty applications, we often help clients retain their licenses.

9. Are your lawyers familiar with local courts?

Yes, our legal team frequently practices in local NSW courts, giving us deep knowledge of local procedures and magistrate expectations.

10. Do you handle drug and drink driving cases?

Yes — we specialise in all traffic offences, including drink driving, drug driving, and negligent driving charges.

11. Can you help prepare a strong traffic offenders program report?

Absolutely — we’ll guide you through programs like the Traffic Offenders Intervention Program (TOIP), which can improve court outcomes.

12. How do I contact Platinum Lawyers?

📞 Call us at (02) 8084 2764 or visit our website to book a consultation. We’re ready to help you defend your rights on the road.

If your license is being suspended due to demerit points reaching their limit on your certain license type, you have a 28-day period in which you can file an appeal for your license at your local court.

At Platinum Lawyers, we have the best means available to prepare an effective license appeal application for you. We will prepare all the documents that are required and provide you with the Best Lawyers in Traffic Offences to represent you in court so you have a higher chance of retaining your driving license. For more information, call us at (02) 8084 2764. 

Key Differences Between A Lawyer And A Barrister

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Key Differences Between A Lawyer And A Barrister

 

To the layman, barristers and lawyers seem to provide the same services with just interchangeable names. So is there a difference in both these terms? Do they do different work? There are actually some key differences between them, and Platinum Lawyers Sydney can help you decide what is more suited to your needs.

Lawyers in Australia

A lawyer is a term given to the person that has gone through all legal training and is now qualified to impart legal advice. This is used normally as a general term to cover everyone in the legal business. That will mean a lawyer is anyone that is a part of the legal profession – it can include both solicitors and barristers.

Different kind of lawyers specialise in different legal areas. For example, there are property lawyers, company lawyers, corporate lawyers, and so on. They have their own area of specialisation. Platinum Lawyers has a varied team that is experienced in both personal legal and business legal matters.

In short, “lawyers” can be taken as an umbrella term which refers to a licensed professional who can give advice on legal matters.

Barrister in Australia

Now a barrister is a kind of lawyer that specialises in court litigation. This distinct designation has been created in Australia in cases where a matter cannot be settled out of court. This is when lawyers called barristers are employed to engage in the litigation process. Barristers usually have a role where legal representation in the court is needed.

All lawyers usually go through the same kind of education, but barristers specialise in particular area of law so that they are well versed enough to give you the best advice when the court is involved. These are the lawyers that play a big part in the courtroom by providing evidence, cross-examining witnesses and pleading their client’s cases.

 

Now that you know the differences between both the terms, you can figure out who exactly you need in a particular phase of your legal issue. In shorter words, all lawyers are not barristers but the opposite is potentially true. Platinum Lawyers can help you in any type of legal matter you need assistance with. We are one of the leading law firms in Sydney with a trusted client base as evidenced by the reviews of our website. If you are in need of a lawyer for legal matters, call us at (02) 8084 2764. 

 

Wearing Thongs While Driving – Is It Illegal in Australia?

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Wearing Thongs While Driving – Is It Illegal in Australia?

 

Traffic offences, such as driving under the influence of alcohol or drugs and speeding, are common knowledge. However, there are certain traffic laws that are not so well known. For instance, have you ever wondered about whether it’s illegal to drive in thongs in Australia? Are there laws in place that tell us what type of footwear is considered acceptable while driving? Are you unknowingly breaking the law simply by wearing the wrong footwear when you drive?

 

Driving in Thongs – What the Law Says

Technically, it is not illegal to drive wearing thongs. Having said that, you need to keep in mind that if an accident does occur while you’re behind the wheel, and it is deemed that inappropriate footwear was a contributing factor, then you could be in line for a Traffic Offence.

While they’re not illegal, it needs to be noted that thongs just don’t provide the best grip on the pedals. There’s also the risk of them getting jammed underneath the pedals. Why risk your own safety and that of others on the road?

So, Is Driving Barefoot Safer?

The follow-up question to driving in thongs is whether it’s better to drive barefoot? What if you simply chucked your thongs and drove barefoot? Is that a safer option? Well, there are conflicting opinions on this. While advocates of barefoot driving claim that it is the safer option, many others disagree. Driving barefoot may require you to exert more pressure on the clutch, as opposed to wearing comfortable shoes that make it easier to distribute the pressure evenly.

According to the Australian Road Rules 2008, rule number 297 states that the driver should have proper control of a vehicle and take the necessary precautions to drive as safely as possible.

What’s the Best Option?

While there are no specific laws in place as far as footwear and driving are concerned, it makes sense to be smart and drive safely. The best option is to wear comfortable footwear that will not hinder your driving in any manner. This means no thongs, no high heels or other such footwear that could be a driving hazard. Whether you’re hitting the beach or going out someplace fancy wearing impractical shoes, keep a pair of comfortable shoes in your car. Wear them while driving and change into your other footwear once you reach your destination.

 

Five Important Checks before Buying a Property at Auction

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Five Important Checks before Buying a Property at Auction

 

The majority of properties in the Sydney region sell at auction. If you have been in search of a house in Sydney, you might have heard of this too. This can be really difficult for buyers as they have to make all the necessary checks before making a bid at the auction. That is why Platinum Lawyers suggest that you hire a Property Lawyer in Sydney so your time and money is well invested in a property.

Here are the top 5 important checks to make before buying a property at an Auction:

1. Title:

Before even thinking about making a bid for a property, check the property type and its implications for example, if it is a:
– cross lease,
– fee simple
– unit title
– leasehold.

2. LIM report:

A LIM report is a file with all the information the council has for the property. This is often supplied by the real estate agent to save potential buyers the cost of purchasing one from the council. A LIM report contains information like Code of Compliance certificates and any outstanding requisitions.

3. Property file:

If you suspect un-consented work has been done on the property, you may want to go into the Council to do a property bag inspection in addition to the LIM. Property Lawyers in Sydney highly recommend this so you can view the plans and ensure they match what actually exists.

4. Builder’s report:

Get the expert opinion of a building inspector before purchasing the property. A building inspector does all the necessary checks on the property like the moisture tests and provides you with a detailed report in the end.

5. Finance:

Before committing at an auction, get finance approval in writing from your lender as a pre-approval. Then ensure you obtain the bank’s unconditional loan approval for the property you are going to bid on.

Contact Us:

Platinum Lawyers are your local property lawyers in Sydney who are here to assist you with all the property related queries and help you make a worthy investment. Whether you want to buy a property or sell it, we deal in all including estates, building, lands and houses. Call us now at (02) 8084 2764.  for a free no obligations chat with our expert Property Lawyers.

Ever Wondered What Will Happen to Your Cryptocurrency When You Die?

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Ever Wondered What Will Happen to Your Cryptocurrency When You Die?

 

Cryptocurrency has been the buzzword on everyone’s lips in recent times. There’s been a lot of speculation on the reliability and stability of such digital assets that operate on a decentralized, peer-to-peer network.

 

Some experts predict that the monstrous growth of cryptocurrencies such as Bitcoins is not sustainable and should not be trusted. Some others argue that cryptocurrency is the future, and that it’s just going through a volatile period now before it stabilises. Whichever side of the debate you’re on, it is always good to know more about any new technology that comes up, especially something as significant as cryptocurrency, and its relevance from a legal stand point. For instance, what happens to the cryptocurrency that you own if you suddenly die? Is there such a thing as Cryptocurrency inheritance? If yes, how does it work and what should you do with your digital assets to ensure that it gets passed on to your loved ones in the event of your death?

Advantage of Cryptocurrency

One of the biggest advantages of cryptocurrencies, cited by proponents, is the fact that they are not controlled by traditional financial institutions such as banks. But this advantage also comes with a downside. On the event of someone’s unexpected demise, it becomes next to impossible to track their cryptocurrency assets, to ensure that they get handed over to the next of kin. Currently, the only way to ensure that your cryptocurrency gets passed on to the right person is to include it in your will. Another complication with such digital assets is that they are stored in digital wallets, with many passwords, keys and other protection in place to keep them as secure as possible. So, unless one has all the keys and passcodes to access the assets, there is no other way to get their hands on them.

Transferring your Cryptocurrency

If you own cryptocurrencythat you want to be passed on to your spouse or children after your death, the best route to take would be to specify it in the will and provide them with all the necessary information. Of course, every care must be taken to ensure that the information is passed on in a secure manner, leaving no room for a security breach.
It’s early days yet, with the government still grappling with setting up laws and regulations in place concerning cryptocurrencies. When it comes to cryptocurrency and estate planning, the only way to go about it is to explicitly state your wishes in your will and provide the intended heir with the passcodes/keys to gain access to your cryptocurrencies. Failure to do so might meant that the cryptocurrencies will be lost forever, left unclaimed in the vortex of the digital world.

What makes a good lawyer, good?

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What makes a good lawyer, good?

 

In the times we live today, fighting for your rights through proper means has become a very crucial thing. If you stay quiet about some kind of injustice done to you then you are by no means a good citizen, as first you will let the person attack you and while taking no action against it, that will give the person more confidence to continue in the act.

This ‘fighting back’ is done in court with the help of a lawyer. But with an inexperienced and immature lawyer at your side, you are likely to be on the losing side of the fight. There are several factors that make the Lawyers at Platinum Lawyers the best lawyers.

1. Good Communication

The lawyer must be concise and precise about what they write as well as say. It is mandatory that they are orally articulate with a perfect set of vocabulary that enables them to completely deliver the ideas they wish to communicate. It is vital that they be good at public speaking.

 

Moreover, other than the speaking skills, the lawyer must also be a good listener. So often times it happens that the lawyer hired ends up not fully understanding the requirements of the client and ends up embarrassing themselves as well as the client in the court. It is also vital that they are able to produce a precise set of legal documents that make perfect sense.

2. Good Judgement skills

It is vital that the lawyer hired must be the owner of a sound mind. They must be able to quickly judge the weaknesses in the argument of the opposition and be able to come up with a counter argument. The lawyer must also be able to draw logical conclusions from the limited amount of information provided or be able to make valid assumptions.

3. Research skills

Research skills require practise and effort. The lawyer, hence, needs to be hard working and knowledgeable. They should be able to effectively collect information according to the client’s requirements and come up with legal strategies. They must also be creative and persevering so that they are able to confidently tackle any hurdles or difficulties that are likely to arise during a hearing.

At Platinum Lawyers we offer concise and up-to-date advice to our clients. You can call us on (02) 8084 2764.  for any inquiries you may have.

Key Differences Between Family Lawyers And Criminal Lawyers In Sydney

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Key Differences Between Family Lawyers And Criminal Lawyers In Sydney

 

Law is a very broad field with different areas having different experts. Family lawyers are quite distinct from criminal lawyers. Even so, in some instances they might overlap. You might find yourself in a situation where you cannot decide which lawyer you might need to hire, for example, in the case of divorce especially if domestic violence is involved.

This article examines key differences between family lawyers and criminal lawyers in Sydney. Platinum Lawyers Sydney is a firm that has expert lawyers from both fields – among other legal areas. You can contact us for any queries or confusion and our team will gladly assist you in giving advice about your particular case.

Family Lawyers in Sydney

Family lawyers deal with problems like divorce, separation, child custody agreements, and other such problems linked to breaking down of familial relationships – most commonly marriage. Family lawyers help you out with things you might not have considered, such as if you might be unsure as to what you are entitled to. Even if you hire a family lawyer, it does not necessarily mean that you must go to court. The family lawyer mediates between parties involved and usually reaches a mutually agreed upon agreement saving you major costs and headaches.

Criminal Lawyers in Sydney

In contrast, criminal legal services are required in case of an individual being charged with a criminal offence. A criminal offence is when an individual’s behaviour is considered unacceptable and harmful to the society as well.

There are two kinds of offences: Indictable offences, also known as felonies, and summary offences, also known as misdemeanours. Examples of cases where criminal lawyers need to be hired include assault, drug dealing, breaking and entering, fraud etc. Cases of domestic violence are usually handled by criminal lawyers, via Apprehended Violence Order (AVO). They are also called protective or restraining order.

How Platinum Lawyers Sydney Can Help

Platinum Lawyers Sydney is one of the leading and trustworthy law firms in the area of Sydney. We have established ourselves in the legal industry for over a decade, which has enabled us to gain experience and expertise in criminal law and family law matters. We provide you expert legal advice at the most reasonable cost.

You can call us at (02) 8084 2764.  or visit our website’s homepage. Our goal is to help our clients reach the best outcome in their circumstance, without burning a hole in the pocket over legal fees.

Grandparents’ Rights to See Their Grandchildren – What Does the Law Have to Say About It?

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Grandparents’ Rights to See Their Grandchildren – What Does the Law Have to Say About It?

 

The bond between grandparents & grandchildren is special & quite unlike any other relationships. What happens when that bond, that connection between a grandparent and their grandchild, is threatened or severed? What rights do grandparents have, in the eyes of law, to see their grandchildren?
When parents decide to end their marriage by getting a divorce, it could sometimes adversely affect the grandparent-grandchild relationship as well. If a parent does not allow the grandparents access to their grandchildren, can the court intervene?

The Family Law Amendment Act 2006

The Family Law Amendment Act 2006 brought about important changes to the Family Law Act. One such change was that “children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development, including grandparents.”
What this means is that, if your relationship with your grandchildren is deemed essential for their wellbeing & development, then the court will take that into consideration when making decisions about the child’s living arrangement & visitation rights.


What Can You Do to Protect Your Relationship with Your Grandchildren?

Of course, there are things you can do to protect your relationship with your grandchildren.

Request to Be Included in A Parenting Plan

A Parenting Plan is basically a written agreement, signed by both parents. Most Parenting Plans discuss the children’s living arrangements, how important decisions regarding the child’s life will be made, & who the child/children communicate & spend time with. If you’re worried about how your adult child’s divorce will affect your relationship with your grandchildren, you can request to be included in the Parenting Plan. Clear guidelines can be set out as to the communication between you & the grandchildren & your rights to visit them or to have them visit you on a regular basis. Doing this will give everyone clarity & can help avoid a lot of friction & stress between concerned parties. Please note that Parenting Plans are not legally binding, although the courts will take them into consideration while making their ruling.

Getting a court order

In the absence of a Parenting Plan or when one or both parents refuse to allow grandparents access to their grandchildren, grandparents can apply to get a court order. Grandparents can cite that their relationship with the grandchildren is crucial for the children’s “care, welfare and development”, and hence they should be allowed to see, communicate & spend time with their grandchildren.

Strange Australian Laws That You Didn’t Know Exist

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Strange Australian Laws That You Didn’t Know Exist

 

Are you a law-abiding citizen? Can you say with certainty that you’ve never broken the law? Before you answer “yes” to those questions, you might want to read this blog. Australia is home to some of the strangest laws in the world. Most citizens aren’t even aware that such weird laws exist. While the chances of you copping a fine or getting arrested over violation of one of these laws is slim to none, it is nevertheless interesting to know about some of the very strange laws that govern the land we live in.

1. Disrupting a wedding or funeral

In South Australia, according to Section 7A of the Summary Offences Act 1953, intentionally disrupting a wedding, funeral or religious service or procession could result in a $10,000 penalty or 2 years of imprisonment. So, if you’re the sort to get a little too drunk at a wedding and get too boisterous, suffice it to say you’ve broken the law.

2. Having more than 50kg of potatoes in your possession

No, this is not a joke. In Western Australia, according to Section 22 of the Marketing of Potatoes Act 1946, it is an offence to be in possession of more than 50kg of potatoes. What’s more, Police can actually stop and search any vehicle suspected of carrying more than 50kg of potatoes. A first-time offender could get a penalty of up to $2,000, while subsequent offences could cop a $5,000 penalty

3. Operating a vacuum cleaner at specific times

In Victoria, making unreasonable noise with a vacuum cleaner after 10pm or before 7am on weekdays, and 9am on weekends, is considered an offence. This is in accordance with Section 48A of the Environment Protection Act 1970 (Vic), as well as the Regulation 6, Environment Protection (Residential Noise) Regulations 2008 (Vic). Police or the council can order you to stop making noises, and failure to abide can result in a fine of up to $18,655.20, with an additional fine up to $4,663.80 per day for continued violations.

4. Splashing mud on public bus passengers

NSW motorists need to take care to avoid splashing mud on public bus passengers. Failure to do so can lead to a fine of up to $2,200, according to the Regulation 291-3, Road Rules 2014 (NSW).

5. Corresponding or engaging in business with pirates

In Victoria, according to Section 70C of Crimes Act 1958, corresponding or doing business with pirates is illegal and can result in 10 years’ imprisonment.

Most of these laws made sense when they were first introduced. But the fact that they’re still around is what makes the entire situation funny. Whoever said law is boring? While these laws may sound obscure and borderline funny, there are other legal infractions, such as Traffic Offences, that are no laughing matter. At Platinum Lawyers, we have experienced traffic lawyers who can help you get the best possible outcome for a traffic offence.

We can only give
what we have.

Author By clixpert@devPosted on

We can only give <br> what we have.

 

Understanding Domestic Violence is the key to ending it.

When a person is violent, what they want is empathy. Sometimes, we can’t give it, because we’re out of it ourselves. Understanding empathy, affirmation and their link to domestic violence is the key to ending it.

Domestic violence is something we have all engaged in

If we have folded our arms while talking to someone, we have been aggressive with them. It is passive-aggressive behaviour and it is violence – no matter how we wish to view it.

It is not useful to look down on anyone at the giving, or receiving, end of violence

What people need is help and support. They need to understand their problem, so they can acquire the knowledge they need to overcome it.

Help is available from trained psychologists, counsellors and community workers.

The steps one needs to take are as follows:

  1. Step 1 is to ensure both you and your partner are safe – if you feel your personal safety (it could be physical, emotional or social) is threatened, you will need to call the police. They are trained to intervene high-risk situations. Their early intervention may prevent bloodshed, and loss of what is most sacred, your life.
  2. Step 2 is to seek counselling – what the presence of domestic violence indicates is a lack of the awareness required to correctly match feelings to the source that is causing them. Many times, people feel angry, because they may not not treated right by their colleagues, their boss, their siblings, their family members or even random strangers. They may feel anger, which no-one can hold, indefinitely, as it hurts empathy and self-love. They may then demand this from their partner, who often, also lacks it. When they can’t get it, they may resort to violence and crime.
  3. An AVO can help – an AVO can assist to ensure that your safety is maintained at all times and that you are not at risk by the person you feel threatened by. At Platinum Lawyers, we can help you organise this.

Violence is not the answer, it never is

Violence is driven by anger, and it could be a path to the dark side. It could lead to hate, anger, violence and the vast canyon of disappointment that follows it.

When we understand domestic violence, we’ll resolve it

Platinum Lawyers takes no pleasure, whatsoever, in Domestic Violence cases. We would rather end domestic violence, than attend to its emotional debris in court. We are an available source that is there to be utilised when in need.

If you require any assistance regarding domestic violence, please contact us on (02) 8084 2764.  or fill in our form on the top left of this page and send it to us. We will contact you as soon as we are able to.

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