Can I Get My Car License Disqualification Revoked?

 

If a court has taken away your licence, there are some things you can do to get it back. One way to do this is to file an appeal with the District Court. In some cases, the person can also request to remove the disqualification. We have looked into these choices in more depth below.

My licence Is Disqualified For Drink Driving. Can I Remove The Disqualification?

If you are found driving while your licence is suspended or driving under the influence, you will lose it permanently. This can only be avoided if there is no record of a conviction. If you have already been charged and convicted, you can go to the District Court to try to change it. The appeal must be filed within 28 days, however. If a judge agrees with the request and doesn’t record a conviction, the time the person can’t drive won’t be in effect anymore.

But if the judge decides that the conviction should stand, you can ask for a shorter time if you can’t drive. To do this, you must show proof that you need a licence. This can be anything from a job contract to a medical record.

Getting Rid Of Licence Suspension Periods

If you missed the deadline to appeal the Local Court’s decision, the time you can’t drive would still be in effect. But if there has been a “period without an offence,” an application can be made to eliminate the ban. In other words, you have done everything right on the road. So depending on the type of crime you were disqualified for, you will have to stay out of trouble for 2 or 4 years. You can’t ask to remove the Car disqualification lifted if you were disqualified for a serious crime, for example, Police Pursuit or Dangerous Driving Causing Death or Grievous Bodily Harm.

Getting A Suspended Licence Back

The methods outlined above only apply to disqualification periods. For instance, if you have lost your licence due to a suspension, you have several options. First, the police or the RMS can issue a licence suspension. As a result, the Court has the authority to reconsider this decision.

What you will need

  • Your identification documents, as specified on the form
  • Your concession card information (if applicable)
  • Your previous driver’s licence (if you have it)
  • Your glasses or contact lenses (if you wear them)
  • Your medical history (if applicable)
  • The PDF documents:
  • ‘Licence Application’ and ‘Good Behaviour Election/Acknowledgement’ are the two options.

Provided You Are A Disqualified Driver, You May Apply To Have All Of Your Disqualification Periods Lifted If You Meet The Following Requirements

Any current disqualification periods you have due to one or more of the following offences.

  • Driving with a specified alcohol content
  • Driving while high on drugs (driving with an illicit substance in the bloodstream)
  • If you ride over the speed limit by more than 30 or 45 km/h, you will get a ticket
  • Driving rashly, fiercely, dangerously, or at an unsafe speed
  • You have not been convicted of a driving offence in the previous two years.

Is there Anyone Who Cannot Apply?

If you have ever been found guilty of one or more of the following crimes, you won’t be able to ask for your ban to be lifted:

  1. Unsafe driving
  2. Careless driving that leads to death or serious injuries
  3. Crimes Act offences include driving dangerously on purpose or not stopping to help after a crash
  4. Those on a mandated interlock programme are ineligible to apply as well

What Happens If You Drive While Disqualified?

If caught driving while disqualified, you will be charged with disqualified driving and have to appear in Court. If the charge is substantiated, the Court will disqualify you for at least two years and up to five years, impose a hefty fine, and sentence you to 18 months in prison.

We Can Assist You

Platinum Lawyers’ lawyers are traffic law experts. We give first-rate legal counsel. That is why we provide a free initial consultation so you can ask questions and get professional guidance. Call us today at (02) 8084 2764.

Good News for First Home Buyers: NSW Government Slashes Stamp Duty

 

The NSW Government has announced temporary Changes to Stamp Duty as part of their COVID-19 Recovery Plan. The move will help first home buyers as well as the construction industry, creating jobs which in turn will help boot the economy.

Stamp Duty Waiver for First-home Buyers

Under the new changes, the threshold above which stamp duty will be charged on new homes for first home buyers has been raised to $800,000 (as opposed to the earlier threshold of $650,000). To put it simply, stamp duty will be eliminated for first home buyers buying new homes that are valued at $800,000 or lesser. This change came into effect on August 1, 2020.

Stamp duty threshold for vacant land will increase from $350,000 to $400,000 and will phase out at $500,000. It needs to be noted that the Stamp Duty Exemption only applies for newly built homes and vacant land and not for existing homes.

An Effort to Protect Jobs in The Construction Sector

The stamp duty changes were made in a bid to protect the jobs of over 400,000 people who are dependent on the construction sector for employment. Due to the COVID19 pandemic, new home constructions were nose-dived, reaching the biggest slump in a six-year time period in the 12 months to March. The NSW Government is hoping these incentives will encourage more people to spur into action and speed up their first-home purchase.

Treasurer Dominic Perrottet noted that these changes would save a first home buyer up to $31,335 in stamp duty on a new home valued at $800,000.

Is the Stamp Duty Exemption Offered in Conjunction with The First Home Owner Grant and the HomeBuilder Grant?

Yes, provided you meet all the requirements for it. That is, if your newly built first home is valued at $600,000 or less – or you’re buying land and building your new first home and the total value comes up to no more than $750,000 – then you’ll be eligible for a $10,000 First Home Owner Grant. And yes, you can get the stamp duty in conjunction with the First Home Owner Grant and the recently announced $25,000 HomeBuilder Grant.

If you’re eligible for all three schemes, you can end up saving quite a chunk on your first home. This is a great opportunity for those who’ve been on the fence about buying their fist new home. Looks like now’s the time to take the plunge and reap all the benefits that the government’s offering.

If you’re looking for a property lawyer or conveyancer, get in touch with Platinum Lawyers at (02) 8084 2764.

A Fairer Fines System for NSW: What You Need to Know

 

The NSW Government has made some big changes to the State’s fines system in a bid to make it easier for people to pay or resolve their fines. Whether it’s a speeding ticket or parking fine, going forward, NSW residents will find it’s simpler and fairer when it comes to paying or resolving fines.

Pay Fines in Instalments

The Fines Amendment Act 2019 came into effect on July 1, 2020. In a drastic overhaul of the Fines Act 1996, the NSW Government has made some sweeping changes to make the fines system simpler and fairer. Treasurer Dominic Perrottet assured the public that the changes were made to make the system fairer, while maintaining the deterrent factor by retaining all other penalties. So, for instance, if you were speeding, you will still receive the full demerit points but you can choose to pay the fine incurred in instalments via a payment plan (an enforcement fee may apply).

Time Restrictions Have Been Relaxed

Under the new system, when you receive a fine, you will have more time to decide on your course of action whether it’s requesting a review, opting to face the matter in court or nominating the responsible driver.

Opt to Have Your Fine Sent to You Digitally

You can now choose to have the fine notice sent to you digitally instead of through post.

Individuals in Financial Hardship Can Apply for A Fine Reduction

Those in financial hardship and who receive Government benefit at the time the fine is incurred may be considered for a 50% reduction in their fine amount. However, there are certain exceptions to this:

  • You need to apply for a reduction before the fine is overdue.
  • Reductions do not apply for fines issued by a court, jury duty fines, fines issued to a body corporate or for voting related fines.
  • The Commissioner of Fines Administration reserves the right to deny fine reductions for serious or significant offences as they see fit.

As mentioned earlier, these changes are in relation to the fines only and have no effect on demerit points and other penalties. The reforms have been put in place to ensure people are still held accountable for their actions and made to face the consequences, but without the acute financial burden. By providing them with flexible, simpler ways to handle the fines, the Government is providing some much-needed support for the vulnerable and disadvantaged members of our community.

Copped a speeding ticket or caught for drink driving? Get in touch with Platinum Lawyers at (02) 8084 2764.

Here’s What You Need To Remember About Tax Depreciation While Inheriting an Investment Property

 

People who find out that they are Inheriting An Investment Property have critical decisions to make. In this blog, we will study two options that Property Lawyers Sydney comes across quite often.

Property inheritance from the Best Lawyers in Sydney

To keep making optimum use of the estate as an investment before deciding to sell it or live in it is where any property owner gets a fix.
Each situation has its individual factors to consider, including taxation implications.
If you wish to get more data about taxation and property inheritance from the Best Property Lawyers in Sydney, you must contact the services of Platinum Lawyers. Now, let’s take a look at the two most popular inheritance scenarios.

Scenario one: You choose to continue using the property as an investment before selling.
Investment is always a good option. The scenario mentioned above is an excellent way to either grow a current investment property portfolio or move up a step on the property investing ladder. But it’s essential to learn about the tax implications.
Firstly, any rental revenue received from the estate will be taxable income for the new owner. Hence, tax deductions connected with the property, such as interest repayments, council rates, insurances, maintenance costs and property management charges, will also be deductible for the current owner.
To claim the prices associated with the property during the time of tax payment, the owners are expected to keep records of the costs. But how can they claim depreciation, which doesn’t require a financial expenditure?(You must seek a suitable Property Investment Advisor if you want an appropriate answer for it.)
Depreciation is the general wear and tear of assets and estates over time. Inheritors of income-producing properties can declare this depreciation as a tax deduction in each financial year. In order to do this, the owners need a tax depreciation program prepared by a specialist quantity assessor. The tax depreciation schedule is a report that outlines each depreciable component of the property, which an accountant utilises to determine the depreciation deduction.

The current owner should be well aware of the capital gains tax (CGT) implications at the time of the trade. Remunerating CGT when Inheriting An Investment Property is complicated and mainly depends on how the property was maintained and how long the new buyer held the property before selling it. These are the chief contributing factors of whether the estate will be fully or partially CGT exempt or you will have to pay the tax.
If the property was bought before 20 September 1985 (the date when CGT came into the picture) and the new proprietor sold it within two years, then the property is fully exempt from CGT.

It gets somewhat more complicated in the scenario when the property was purchased after this date.
If the estate was bought after 20 September 1985, and if the new proprietor acquired the investment property after 20 August 1996, then a total CGT exemption won’t be available. Nonetheless, they may be able to receive a partial exemption, and the individual’s accountant will evaluate this when the time arrives to calculate any CGT.
For more detailed information on tax exemption, you should talk to one of the experienced Property Lawyers in Sydney. Moving on…

Scenario two: Residing in the property before selling it
The primary thing to know in this situation is that the proprietor must honour the current fixed lease. This means the present resident can stay at the house until the lease period expires or all parties agree to an earlier date.
The new owner must remember that while the property is still leased, they can claim tax deductions even if they have completed a full financial year. Pro-rata reductions can be applied to any sort of tax deduction, including interest repayments and depreciation.
If the property is the new owner’s primary habitation before the sale, they will be partially CGT exempt. The only situation where a total CGT exemption would apply would be if the property was the previous owner’s primary residence and they never rented it out.

 Best Advisor On Property Investment Sydney

So, these were the 2 principal scenarios where you can get tax exemption (full, partial, or none) depending on your case. If you’re in the process of Inheriting an Investment Property and want the best advice regarding the same from one of the trusted Property Investment Advisor, you must contact our services.
The Property lawyers at Platinum Lawyers Sydney services deal with anything that includes lands, estates, houses or buildings, whether you are seeking to buy or sell one. However, certain confusions are constantly arising regarding the relationship between Conveyancing Lawyers and Licensed Conveyancer. But several clients of ours ascertain that a Licensed Conveyancer is comparatively cheaper than a Conveyancing Lawyer, and so is a property advisor. Regardless, the inheritance of any property is a tricky subject, and our team will be pleased to assist you regarding the same.
For more information on making the best out of an inherited investment property you have just purchased and assistance in tax exemption, contact the services of Platinum Lawyers Sydney. Call (02) 8084 2764 or Request a Quote by filling the form provided on this page.

Charges After A Car Accident – What Are Your Rights?

It is essential to understand what charges can result from a traffic accident in Sydney, NSW as a driver. You must follow strict requirements when you are involved in a traffic accident on public roads.

These rules cover exchanging details with the different motorists involved, cooperating with police, and assisting injured people. Several charges can occur after a road accident in NSW. In this article, we will summarise these offences and penalties.

What Are the Offences Associated with Road Accidents In Sydney?

 Section 146 of The Road Transport Act 2013 requires the driver involved in a traffic accident to stop and provide all necessary assistance in their ability to any injured people at the scene. Where a person is involved in an impact occasioning the death of, or injury to, another person fails to stop and give any assistance to those injured persons, they can be liable to a fine of $3,300 and/or imprisonment for 18 months.

Section 52AB of The Crimes Act 1900 declares that if a person sustains grievous bodily harm, or a severe and permanent injury as a result of a car accident, the driver of a vehicle involved in the accident must stop and assist those injured persons. Failure to do so carries a maximum penalty of imprisonment of up to 7 years.

Any persons involved in a car accident, whether it be a major or a minor accident, must stop and exchange particulars with the driver/s of the other vehicle. This is stipulated under Regulation 287 of the Road Rules which requires that any persons involved in a car accident must obtain the following from the other driver:

  • the driver’s name and address, and
  • the name and address of the owner of the driver’s vehicle, and
  • the vehicle’s registration number (if any), and
  • any other information necessary to identify the vehicle.

You must also provide a short description and explanation of the circumstances of the incident to any relevant police officer.

The driver must also give the other driver’s required particulars, as soon as possible or except within exceptional circumstances, within 24 hours after the crash, to a police officer if:

  • anyone is killed or injured in the crash; or
  • a driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2); or
  • the required particulars for any other driver involved in the crash are not given to the driver; or
  • a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported); or
  • the police officer asks for any of the required particulars.

Failure to exchange particulars or provide particulars to the Police will result in a court-imposed fine of up to $2,200.

Driving An Unregistered Or Uninsured Motor Vehicle

Traffic laws in Sydney require every motor vehicle that is driven on the road to be registered and insured.

Section 8(1)(a) of the Motor Vehicles Compensation Act 1999 states that a person is guilty of an offence if they use a motor vehicle that is not insured on a road or causes or permit another person to use such an uninsured motor vehicle on the road. The Court can impose a maximum fine of $5,500.

It is a defence to this offence if you can establish that you had reasonable grounds for believing and did in fact believe that the motor vehicle was insured at the time of the offence.

Section 68(1) of the Road Transport Act 2013 also makes it an offence for a person to drive and use an unregistered registrable vehicle on a road. The Court can impose a maximum fine of $2,200.

 Driving Suspended Or Unlicensed

The penalties and charges that apply to unlicensed/suspended drivers in Sydney are listed below       

Pursuant to section 53(1) of the Road Transport Act 2013 (NSW), you are committing an offence if you drive a motor vehicle on any road without holding a valid driver’s licence. You must be holding the appropriate class of driver’s licence depending on the type of vehicle you are driving.

Under section 53(3) of the Road Transport Act 2013, you are also deemed to drive unlicensed if you are driving a motor vehicle and have never been licensed to do so.  You are considered to be driving unlicensed if you have never held a driver’s licence in Australia in the 5 years immediately before you committed the offence. You are also deemed to be driving unlicensed if you do have a driver’s licence for the previous 5 years but have failed to renew your licence.

The Court can impose a maximum fine of $2,200 (for a first-time offender) or $3,300 and/or 6 months of imprisonment (for a second or subsequent offence).

Section 54 of the Road Transport Act 2013 also makes it an offence to drive a motor vehicle on a road whilst your driver’s licence is disqualified, or your licence is suspended or cancelled. The maximum penalty that can be imposed is a fine of $3,300 and/or imprisonment for 6 months (for a first-time offender); or a fine of $5,500 and/or imprisonment for 12 months (for a second or subsequent offence).

Your driver’s licence can also be cancelled or suspended if you fail to pay a fine. Under section 54(5) of the Road Transport Act, if you are caught driving with a cancelled or suspended driver’s licence due to the non-payment of a fine, the court can impose of a fine of $3,300 and/or imprisonment for 6 months (for a first-time offender); or a fine of $5,500 and/or imprisonment for 12 months (for a second or subsequent offence).

 Negligent Driving

 It is an offence to drive negligently on NSW roads. Negligent driving is not defined in the Road Transport Act 2013; however, the courts have held that it involves driving in a manner that falls short of the standard requirements of an ordinary driver. To be negligent refers to the failure to exercise care.

Examples of negligent driving, including but are not limited to:

 

  • driving and excessively exceeding the designated speed limit given the condition of the road;
  • Driving in close proximity to other cars so as to obstruct your full vision of the road;
  • Not providing enough notice when indicating to change directions;
  • Not reducing your speed or taking caution when driving at intersections; and
  • Driving recklessly and in a risky manner.

When considering whether you were driving negligently, the court will consider the following circumstances of the offence:

  • The nature, condition and use of the road on which the offence is alleged to have been committed;
  • The amount of traffic that actually is at the time, or which might reasonably be expected to be on the road; and
  • Any obstructions or hazards on the road (including broken down or crashed vehicles, fallen loads and accident or emergency scenes).

If a motorist drives carelessly and causes the death of another person, they suffer a penalty of a fine of up to $3,300 and/or 18 months imprisonment (for a first-time offender); or a fine of $5,500 and/or imprisonment of 2 years (for a second or subsequent offence)

If a motorist drives negligently so as to cause grievous bodily harm, a fine of $2,200 and/or imprisonment for 9 months can be imposed (for a first-time offender); or a fine of $3,300 and/or imprisonment of 12 months (for a second or subsequent offender).

If you are found guilty of driving negligently however not causing the death or grievous bodily harm of any person, a maximum fine of $1,100 can be imposed.

Dangerous Driving Causing Injury In Sydney NSW

 The Crimes Act also carries hefty penalties for drivers who cause the death of another person in an accident when the motorist was under the influence of alcohol or drugs, driving at a critical speed or in a hazardous manner. This is known as dangerous driving.

A motorist sentenced to dangerous driving faces a maximum penalty of 10 years imprisonment.

If the driver surpassed the prescribed alcohol concentration, was exceeding the speed limit of more than 45 km/h, was attempting to escape a police chase, or was heavily impaired by drugs, the offence becomes complicated and the maximum penalty may be imposed is 14 years’ imprisonment.

Your rights and obligations

 You have a universal right to remain silent when approached by police. However, you must provide your name and address and Australian driver’s licence details if required by police at the crash scene. Failure to do so may attract a fine of $2,200.

You may also be questioned about the details of the accident. It is always sensible to comply with a regulation given by a police officer. Nevertheless, if you have not been arrested, you do not have to go with the police to the station for interrogation. You should check with the officer whether you must answer or comply before doing so and check these obligations with your lawyer.

Contact Platinum Lawyers for Assistance Regarding Road Accidents

At Platinum Lawyers we understand how stressful it can be when you are involved in a car accident or have been charged with a driving offence. Our expert team is here to help you and guide you through the process. There are many car dealers who buy accident cars for cash in Sydney, Mega car removal is your local accident car buyer.

Call (02) 8084 2764 to get in touch with us for all traffic offences, divorce, criminal, and property law issues.

 

Is Traffic Offence A Criminal Conviction?

 

In Sydney and Parramatta, driving offences are deemed criminal offences because they are punishable by the State. However, traffic offences (as per various Traffic Offence Lawyers) are dealt with and recorded differently, depending on how severe the violation is. Here, we will tell you how various traffic offences are recorded in Sydney as criminal convictions.

An Overview

Minor driving offences usually are only recorded on your driving record and not your police record. They might be registered on your criminal record if:

  • You contest an infringement notice in Court and are found guilty. Or,
  • You fail to negotiate with an infringement notice, and a violation agency carries enforcement action where you are deemed guilty.

A violation notice for drunk driving, drug driving or excessive speeding will be recorded on your driving record and can also be recorded on your criminal (police) record as an ‘infringement conviction’. If you are found guilty of an indictable or summary traffic offence in Court, that will be registered on your driving record and your criminal history. Even if you are not guilty, your court appearance and the result will still be recorded on your criminal record. It is often included on documents provided to the police for Court purposes but should not be disclosed for a police record examination for employment purposes.

 

Serious Traffic Offence and Criminal Charges

Most severe criminal traffic offences in Sydney and Parramatta are legislated under the Roads Act 1958 and the Crimes Act 1958. They can be summary or indictable offences. Summary traffic charges include but are not limited to:

  • Careless Driving
  • Dangerous Driving
  • Culpable Driving
  • Improper Use of a Motor Automobile and Loss of Traction
  • Driving Whilst Unlicensed, Disqualified, or Suspended

Indictable traffic offence includes but are not confined to:

  • Dangerous Driving Causing Serious Injury or Death
  • Risky or Negligent Driving While Pursued by Police
  • Reckless Conduct Causing Serious Injury or Endangering Life

If the authority charges you with a summary or indictable driving violation, you will likely get a summons or a notice to be present in Court. If the charge is severe, you can get arrested and either:

  • Released on bail by the police; or
  • Have to apply for bail in Court.

When you visit Court, you will be questioned whether you plead guilty or not guilty to the traffic offence. If you are found guilty of a indictable or summary driving charge, it may be recorded as a finding of guilt or conviction on:

  • Your driving record; and
  • Your criminal record.

It would be best if you did not appear in Court on criminal driving charges without representation and advice from an experienced traffic offence attorney. Having a defence professional present your case will help you achieve the best possible outcome. Our team at Platinum Lawyers are experts in criminal traffic law and often advise and represent clients in criminal severe driving matters. Please contact one of our skilled Traffic Offence Lawyers today for a free consultation.

Call (02) 8084 2764

Flawed Flash – An Overview Of Red Light Camera Mistakes And Wrong Fines

 

What Are Red-Light Cameras?

Red-light speed cameras are crucial in minimising traffic accidents. Speeding increases the likelihood of a collision and the danger of death or severe injury. Running red lights can result in devastating T-bone collisions or collisions with people. The red light or safety cameras are attached to sensors under the first white stop line and are connected to the traffic signal. But at times, due to flawed flash, one can be charged with wrong red light camera fine.

What Are The Functions Of Red-Light Cameras?

When a car passes the white line on a red light, the camera is activated. The camera takes two photographs, one of the vehicle’s rear as it crosses the white line and the other half a second later, to demonstrate that it entered the intersection while the light was red. The camera may take the first shot if you cross the stop line more than 0.3 seconds after the light turns red. As a result, it will not photograph drivers approaching the crossing on a yellow signal.

The camera records the bearing you were travelling, as far as possible, and your actual speed, notwithstanding the offence’s date, time, and spot. Two infringements instead of one if you accelerate up to make a light. Remember that the camera will trigger the camera’s speeding feature regardless of the colour of the light.

It’s not uncommon for red-light cameras to capture trucks in the wrong light. Passing through traffic lights and seeing the flash go off is a surfier way to ruin your day. It almost always implies a fine, and three demerit points are on the way. Those points are a significant concern for professional drivers who cannot afford to lose their licence.

Most individuals believe that the cameras are accurate and typically correct. However, cameras can make mistakes from time to time, and heavy vehicle drivers, in my experience, are particularly vulnerable.

If you missed the camera’s flash, this is also the first time you’ll know you’ve been captured by a red-light camera, with photographic evidence usually removing any doubt.

While red-light cameras are deployed at significant intersections across the country to reduce the number of accidents and the resulting injuries or deaths, they are also huge businesses, bringing in millions of dollars.

The issue occurs as a result of the nature of big trucks. They’re longer, have several axles, and go more slowly through the intersection.

Here are some of the questions to keep in mind before driving in NSW:

1. Do you lose a points for red light camera NSW?

In New South Wales (NSW), if a driver runs a red light at an intersection where a red-light
camera is installed, they may receive a fine.
The fine for red light detected by a camera in NSW is maximum $464 and 3 demerit points
(Double demerits apply for speeding offences during long weekends and holiday periods).

2. What counts as running a red light in NSW?

Revenue NSW, which is responsible for processing fines and penalties related to red light
camera offences in NSW, reviews all images captured by red light cameras to ensure that a
vehicle has indeed proceeded through a red light at an intersection before taking any
enforcement action.

3. How long does it take for a fine to come in the email?

The average time to receive a speed camera fine is about two weeks in most states in
Australia. However, in NSW, it can take up to 28 days for the registered owner of a vehicle
to receive a penalty notice for a speed camera offence.

4. Is it important to nominate a driver for company cars to avoid
heavy fines?

If the company does not nominate the driver, then the camera detected fines issued to
companies are FIVE TIMES the amount paid by an individual The company is required to
nominate the driver responsible for the offence within the specified time frame.

5. Is it legal to pass red light camera in NSW if it is urgent?

It is important to note that if a driver decides to break traffic rules e.g. proceed through a red
traffic light in order to yield to an emergency vehicle. They should do so in a safe and
responsible manner.

Therefore it is important to note that red light cameras are designed to improve road safety by
discouraging drivers from running red lights, which can be dangerous and result in
accidents.

The Use Of Red-Light Cameras Is Fraught With Controversy

These are automatic ticketing systems installed at busy intersections and are designed to identify when a driver reaches the junction when the light is red. If this is recognised, the camera will collect numerous vehicle photographs while the infraction is processed. The motorist will receive an unwanted surprise in the mail a few weeks later!

Red light cameras are designed with built-in protections to prevent Wrong red-light camera fines from being issued improperly. Those precautions should ensure that the camera is only activated if the vehicle’s front wheels enter the junction after the lights turn red. However, they should not be fined when the light changes because their front wheels are already in the intersection.

It would seem reasonable to assume that getting the fine withdrawn would be simple in this circumstance. Unfortunately, it can be more sophisticated than it needs to be, as it appears to be the case with many traffic enforcement systems.

There is Video Evidence For Wrong Red-Light Cameras

Many red-light cameras (at least in New South Wales, where my practice is headquartered) capture a video of the incident, but you won’t usually be given a copy. This is essential information to know if you’re appealing a wrongly imposed citation. Instead, you’ll get still photos that don’t prove when you approached the intersection conclusively.

It can be challenging to get the fine dropped without that crucial piece of evidence. The goal is to get the appropriate authority to thoroughly examine the footage. If you believe a red light penalty you got is incorrect, the first step is to contact Revenue NSW and request an internal review. We can explain what happened in detail and request that they thoroughly analyse the footage.

This method has helped me have Wrong red-light camera fine withdrawn. However, internal reviews are occasionally incorrectly denied, which is unfortunate. In that situation, the next step is to file a lawsuit to contest the fine.

At this point, we can frequently request that the prosecution lawyers review the footage. The case is frequently dismissed if the evidence establishes that the car was in the intersection when the light turned red.

According to certain red-light effect studies, the introduction of red-light cameras may result in a modest increase in rear-end collisions. This, however, pales in comparison to the decrease in the incidence of right-angle and other high-impact crashes, which result in far more fatalities and serious injuries. The disadvantage of this procedure is that it entails dangers. If things don’t go your way, the magistrate has the authority to enhance the penalty. In addition to a conviction, you may face a bill for court expenses and fines.

One of the most aggravating things about being a traffic lawyer is dealing with this. It should never be necessary for someone wrongfully fined to decide whether or not fighting their case is worth the risk.

What to do when I receive a Wrong Red-Light Camera fine?

The information we need to confirm what happened, such as the video, should be more readily available, and charges should always be dropped if the video reveals a mistake. Until access to the video becomes commonplace, your best choice is generally to get legal advice from a traffic lawyer.

Our traffic offence lawyers can assist you if you still believe the fine was imposed incorrectly. We can help you obtain a good review and/or explain the facts surrounding the alleged offence to Revenue NSW. For example, if Revenue NSW analyses the fine and concludes that the penalty was legitimately issued, we can help you take your case to court.

We at Platinum Lawyers will assist you in determining the best strategy for your circumstance and avoiding the dangers. We are a client-focused, service-oriented company, and our lawyers take great care to form strong bonds with their clients. In addition, we provide one-on-one assistance to comprehend your requirements and deliver superior solutions.

Platinum Lawyers understands that our customers will require different types of legal assistance at other times in their lives. Therefore, our goal is to establish a relationship with our clients to know where to turn for all of their legal requirements.

If you face a red-light camera violation, you should seek legal guidance as quickly as possible. However, there are deadlines for paying the fine or filing a dispute. Our traffic law experts can advise you on potential defences and whether you might be eligible for leniency.

For additional information, call (02) 8084 2764.

How Long Does It Take To Get The Demerit Points Back in 2025?

The Demerit Points Check scheme in Sydney and Parramatta is administered by NSW Roads and Maritime Services (RMS). This scheme is designed to encourage safe and responsible driving via a point system accompanying financial penalties.

So, how do demerit points work? — It’s simple. You will have zero demerit points if you haven’t committed any offence. If you commit a driving offence that holds demerit points, the points will get added to your driving record.

🎧 Prefer to listen? Click play to hear this blog as a podcast

Times When the Chances of Getting Demerit Points

Increase

Alcohol and driving don’t mix – Demerit Points

Demerit points can be incurred at any time of the year, but there are specific periods when the likelihood significantly increases:

1. Holiday Seasons and Long Weekends

During Christmas, New Year, Easter, and other public holidays, NSW Police typically ramp up traffic enforcement. Double demerit periods are also often in effect, meaning a single offence can result in twice the usual demerit points. This applies to speeding, mobile phone use, not wearing a seatbelt, and motorcycle helmet offences. Learn more about how demerit points apply during the holiday season

2. School Zones and Peak Traffic Hours

Speeding through school zones during drop-off and pick-up hours (typically 8–9:30 AM and 2:30–4 PM) is one of the most common causes of demerit point accumulation. Enforcement is strict in these areas for the safety of children.

3. Major Sporting or Festival Events

Large-scale public events lead to increased traffic volume and more road policing. Random breath testing (RBT), drug testing, and mobile phone detection cameras are more actively used during these times.

4. End-of-Month or End-of-Quarter Periods

Though not officially confirmed by authorities, anecdotal evidence suggests traffic enforcement activity may increase toward the end of reporting periods.

Licence suspension or refusal

Your licence type determines your Demerit Point Limit. When you reach or surpass your point limit, Transport for NSW can suspend your licence or decline to renew it. If that happens, you will receive a Notice of Suspension or Refusal. Demerit points last for 3 years, commencing from the date of the offence.

The Demerit Points Check shows your 3-year active demerit points plus 4 months. The additional 4 months allow time for offences or delayed appeal proceedings within 3 years to be added to your driving record. Your licence may also get suspended if you commit an excessive speed offence.

 

Demerit Removal NSW

How Many Demerit Points Does One Accrue Before Being Suspended From Driving?

The law says that a driver will have their licence suspended if they accrue a specific number of demerit points within a 3-year period.
The number of points according to each licence type are as follows:

Suspension periods

For unrestricted licence bearers, the period of suspension depends on the number of points you gather:

  • 13 to 15 points: 3-month suspension
  • 16 to 19 points: 4-month suspension
  • 20 or more points: 5-month suspension

For learner and P1 and P2 licence holders, the suspension period is 3 months.

Refusal of a licence

Transport for Sydney and Parramatta may refuse to renew your licence if you have surpassed your demerit point threshold or committed a severe speeding offence. The period when a licence may get denied is the same as applying for a licence suspension. The government will issue you a Notice of Refusal in this situation.
A refusal notice is only given when you attend a service centre and apply for a licence or licence renewal.

Penalties for repeatedly exceeding demerit point limit

From 1st February 2015, increased penalties apply to drivers who continually surpass their demerit point limit.

Unrestricted licence holders

Unrestricted licence bearers who exceed their demerit points more than once within 5 years must complete the below mentioned things before they are licensed to drive their vehicles again:

  1. Pass the Driver Knowledge Test
  2. Finish a driver education course, such as the Traffic Offender Intervention Program, at their own cost. The driver education course must be completed by one of the approved providers in Sydney:
  • PCYC
  • Road Sense
  • Blacktown Traffic Offender Program
  • SAVE Traffic Offender Intervention Program
  • TORP: Traffic Offenders Rehabilitation Program
  • ASPIRE Traffic Offender Course

Provisional P2 licence holders

From 20th November 2017, modifications to the Graduated Licence Scheme mean that Provisional P2 drivers who are suspended for unsafe driving behaviour must remain on their P2 licence for an extra 6 months.

This will apply to every suspension they receive. For instance, suppose a P2 licence holder gets a demerit point suspension. In that case, they will be on their P2 licence for the standard 24 months and an additional 6 months before applying for an unrestricted licence.

Each individual suspension delays a P2 licence holder an extra 6 months from advancing to an unrestricted licence.

Repeated drink driving offences

Drivers sentenced to 2 drink driving offences in 5 years must pass the Driver Knowledge Test before being again licensed to drive.

How Long Will It Take To Get My Demerit Points Back in 2025?

The Act states, demerit points are subject to deletion 3 years post the date of the offence for which the points are accrued.

So, for instance, if 3 demerit points are accrued for a speeding offence by more than 10km/h but less than 20km/h, those demerit points are subject to deletion 3 years after the date of your refusal notice. However, the RMS may exercise discretion to add a reasonable period to allow for payments and potential appeals for administrative grounds.

According to the RMS page, this period may be an extra 4 months.

This Act also states that all demerit points are void upon the commencement of any driver licence suspension.

Can I elect to have a good behaviour licence?

Section 36 of the Act states that a full licence holder who has accrued or exceeded their demerit point limit may apply for a good behaviour licence, instead of being suspended from driving.
This licence lasts for 12 months.

If any driver accrues 2 or more demerit points while on a good behaviour licence, he or she will be suspended from driving as per the following table:

Demerit PointsOriginal SuspensionSuspension for a breach on a good behaviour licence
13 to 153 months6 months
16 to 194 months8 months
20 or more5 months10 months

FAQs: How Platinum Lawyers Can Help You

1. How can Platinum Lawyers help me reduce or avoid demerit points?
Platinum Lawyers can represent you in court to challenge fines or argue for a reduction in demerit points based on your individual circumstances and driving record.

2. Can Platinum Lawyers help me apply for a good behaviour licence?
Yes. We guide you through the process of applying for a good behaviour licence, helping you avoid licence suspension while still staying legally on the road.

3. I received a Notice of Suspension — what should I do?
Contact Platinum Lawyers immediately. We can assess your situation, check for legal errors, and represent you in court to request a stay or appeal the suspension.

4. Can you help with double demerit penalties during holidays?
Absolutely. Our team is well-versed in holiday traffic law enforcement and can help you fight unjust fines or penalties incurred during double demerit periods.

5. What if I’ve already lost my licence — can you still help?
Yes. We can help apply for a licence reinstatement, appeal the suspension, or explore alternative legal options like hardship or work licences (where available).

6. Can Platinum Lawyers help with drink or drug driving offences?
Yes. We specialise in defending DUI and drug driving charges, negotiating penalties, and minimising licence disqualification periods where possible.

7. Do you help professional drivers or P-plate holders?
Definitely. Whether you’re a truck driver, rideshare operator, or P-plater, we understand how critical your licence is and tailor legal strategies to protect your livelihood.

8. What makes Platinum Lawyers different from other traffic law firms?
We offer experienced, local representation in Sydney and Parramatta, with a personalised, results-driven approach — and we’re available 24/7 for urgent matters.

9. Can you help me avoid a criminal record for traffic offences?
Yes. We work to keep your driving offence from escalating into a criminal record by negotiating with the prosecution or applying for a Section 10 (no conviction recorded). Learn more about Clearing Your Criminal Record.

10. What documents should I bring to my consultation?
Please bring your Notice of Suspension or Infringement, your driving record (RMS log), and any supporting materials like witness statements or evidence of good character.

11. Do I need to go to court, or can you appear for me?
In many cases, especially for minor traffic matters, we can appear on your behalf. We’ll advise you during the consultation whether your presence is required.

12. How much does it cost to get legal help from Platinum Lawyers?
We offer competitive, transparent pricing with fixed-fee options for most traffic law matters. Your first consultation is obligation-free — contact us today to discuss your case.

For more official information and to manage your demerit points effectively, we recommend visiting these trusted NSW government resources. They provide up-to-date details on demerit points, licence suspensions, and traffic enforcement to help you stay informed and in control of your driving record.

Official NSW Government Resources on Demerit Points

Check Your Demerit Points and Licence Status Online

Learn More About Licence Suspensions and Refusals

Stay Informed on Double Demerit Periods and Traffic Enforcement

Visiting court for a traffic offence?

If you are required to go to court over a traffic offence, call Platinum Lawyers anytime on (02) 8084 2764 for expert advice and formidable representation by one of our experienced traffic lawyers.

Prenuptial Agreement Lawyers: Why Do You Need One?

 

It’s a harsh truth that no one willingly wants to talk about prenuptial agreements before marriage. Many couples would feel uncomfortable thinking about what would happen if the marriage didn’t work out.

We can’t predict life’s ups and downs, especially their impact on a marriage. But a prenup can help a marriage by underpinning it with a sense of certainty and security. A Prenup agreement requires a lot of thought and must be done correctly. If you consider making a prenup, be sure to speak to an experienced family lawyer. You can contact the team of Platinum Lawyers for our expert advice.

What is a Prenuptial Agreement?

A prenup or also known as a prenuptial agreement is an agreement that a couple creates before they get married (or start living jointly as a de facto couple). A prenup is also known as a binding financial agreement (BFA).

 

Purpose of a Prenup

It’s an agreement that sets out what will happen to the belongings of each party, and the possessions of the relationship, if the marriage ends. Like a BFA, it can also deal with other problems such as spousal maintenance and child support. Property here refers to the assets and debts of both parties. For example:

• Money
• Shares
• Real estate
• Superannuation
• Mortgages
• Business assets
• Credit card debt

Why Do You Need A Prenup?

By preparing a prenup agreement, the couple agrees to divide their property if the relationship breaks down. The aim is to avoid the expense and inconvenience of involving the Family Court.

A prenup can also be relied on if one partner dies and their executor distributes their estate. Provided the prenup is valid, the executor must follow the agreement.

How Much Does A Prenup Cost In Australia?

Generally, an uncomplicated agreement should cost the parties no more than $5,000 in total. Also, each of you needs to be separately represented. If there are complexities like companies or trusts involvement, then you should expect to pay around $5,000 – $10,000.
However, the cost of a prenup can vary depending on topics like – are there children involved? Where are the assets? Are the assets real estate or in structures? How complex are the exclusions of assets? And so on.

Can I Write My Own Prenuptial Agreement?

It is not recommended to write your own prenup if you don’t have a legal background. A prenuptial agreement has to comply with the strict requirements of the Family Law Act.

The prenup (BFA) has to be in writing and signed by the parties entering the prenup. The spouse parties involved in the contract must each be advised independently. Your Prenuptial Agreement Lawyers must brief you about the agreement, and each must be given legal advice outlining the advantages and disadvantages of the contract before it is signed.

Why Should I Hire A Prenup Lawyer?

Choosing a prenup lawyer or an attorney who is well-versed in drafting and interpreting prenuptial agreements will be best to assist you with drafting the contract or representing you in a dispute.

Contact Us For Best Prenuptial Agreement Lawyers

If you’re planning to get a prenup, our team at Platinum Lawyers will be more than happy to assist you and provide legal advice that is best suited for your situation.

Call (02) 8084 2764

Who’s Who In A Property Purchase?

 

When you are ready to purchase your first home, you will deal with a gathering of business specialists, so it is crucial to know who’s who in a property purchase because their interests may differ from yours. You might be unsure which pros you will need on your team if you buy property for the first time. However, surrounding oneself with a network of knowledgeable specialists may make the purchase process more manageable and less stressful.

During The Home-Buying Process, Who Will You Meet?

After you have decided to become a homeowner, created your budget and savings plans, and assessed your financial status, you will find that the home purchasing process involves several business specialists. You will be the superstar, with an assorted cast of supporting characters. You may not know each of them by name, but they all have essential duties to play, so it is important to know Who’s who in a property purchase.

 

Know who’s who in a property purchase as here’s whom you will probably run into and how you may make use of their expertise.

Real Estate Agent: The realtor is recruited by the merchant (or vendor) to advance the property, answer questions from possible buyers, and handle value dealings. Their purpose is to help the seller achieve the best possible outcome. Unless you deal with a private seller, you will almost certainly need to engage with a real estate agent.

Valuer: Valuers examine properties and provide an unbiased assessment of their market value. This is determined by the property, location, and current market conditions. Obtaining a valuation is a crucial step in the loan application procedure. For example, lenders hire an unbiased appraiser to analyse the property and determine the appropriate loan amount.

Lenders: The vast majority should get cash from a bank or monetary association to back their property buys. For example, it might be a big bank, a second-tier or non-major bank, or a specialty lender for more complex financial needs.

Documents Conveyancer: A licensed and competent conveyancer handles the legalities of a property transaction. They may also provide legal advice if they are a solicitor. In addition, your conveyancer will draft the paperwork to verify that the transfer of ownership complies with any state or territorial legal requirements.

Building and Pest Inspectors: Once you buy a house, the last thing you want is to discover structural problems or unwelcome guests. Enter your pest inspector and your building. These experts examine the property for any faults that could end up costing you money in the long run. However, the construction and pest report might be a helpful bargaining weapon if the property is still your dream home but requires some renovation.

Companies That Provide Insurance: It would be best to consider insurance when purchasing a home or an investment property because it is a high-value purchase with a long-term financial commitment. From mortgage protection to property insurance, insurance providers may assist with a wide range of coverage. Finance brokers can often help you with insurance or refer you to a trustworthy insurance broker.

We At Platinum Lawyers Have A Team Of Financial Brokers

Platinum lawyers provide diversification of services to ensure your mortgage application process goes smoothly. From a brokerage service for a financial situation to assisting in property buying, we handle any legal matter for combating debt crisis. Our involvement with the home loan industry will help you track down the best arrangement that meets your prerequisites. We will operate as a go-between for you and the lender, arranging a loan solution that meets your requirements. We will do the legwork and make sure your loan goes through as smoothly as possible and be available to help you along the way. Furthermore, we can also help with insurance, renovation financing, and debt consolidation, among other things.

Various business specialists are in charge of multiple components of a house sale.

  • Your financial interests will not be represented by everyone involved in the process.
  • Prepare to furnish your lender with much personal information.
  • Prepare to ask your lender, the home seller, the home inspector, and various other people specific questions.

Are You Looking To Enter The Market?

The initial step is to reach us to talk about your monetary necessities. Then, we will go over your borrowing capacity with you and get you pre-approved for a house loan. Then, when you find your dream property, you will be prepared to negotiate with confidence. Do not hesitate to get in touch with us right away!

Contact (02) 8084 2764 for more information.

Have you heard about wills and enduring guardianship and felt why do I need an enduring guardianship or a will per se? Many clients come to see us on a regular basis regarding their wills, and we always suggest that they put a Power of Attorney & their Enduring Guardianship in place.

Your Enduring Guardian can only act for you if you cannot manage these issues by yourself because of a disability or a possibility of a disability. That is when you should seek legal advice from a trusted firm. It is essential to appoint an Enduring Guardian when you can, as you never know when you might become incapable of making these decisions for yourself. The person you select must be someone that you trust to make these decisions in your best interests. Now let’s dive into the terms that you should be aware of while appointing a legal advisor for your Will or an Enduring Guardian.

What is an Enduring Guardianship?

First of all, an Enduring Guardianship and Advance Care Directive help document notifies what lifestyle and health decisions need to be followed when you don’t have the capacity to make them for yourself. An Enduring Guardianship document authorises someone to make lifestyle, health & medical decisions for you. This legal document can be made if you become ill or injured. An Enduring Guardian can control or decide:

  • Where you live
  • The health and personal services you get
  • And what medical treatment you get

Why Do You Need An Enduring Guardian?

If there is a chance that you might lose your mental ability & you’re unable to look after yourself, you will need someone to look after you. Typically, your next of kin or a near family member would take on this responsibility, but this may not be necessary depending on your family’s dynamics. To avoid confusion (or disagreement), you can appoint an enduring guardian through a legal document with the help of a lawyer. Whether you should think of appointing an enduring guardian is affected by various factors such as:

  • Your age.
  • Your health.
  • Your family record of mental illness.
  • Your concern about an accident or a misfortune.

Suppose you don’t appoint an enduring guardian, and there are conflicts between your family as to who can make decisions or who is responsible to take care of you. In that case, it can eventually lead to legal action and court proceedings. However, enduring guardianship doesn’t guarantee avoiding these complications but provides precise (and formal) instructions to those concerned.

 

What happens if you don’t appoint an enduring guardian?

If you cannot make decisions for yourself because of a disability, there are some judgments that family members can make for you, but not all. In that case, a close relative will need to apply to the Court to have an enduring guardian appointed for you.

Now, let us talk about Wills and why they are essential.

What Is A Will?

A will is a legally binding document that sets out how you want your assets to be distributed when you die. Wills aren’t just for people who own property or have surplus amounts of money. Making a will is a favorable step you can take to:

  • Provide for the individuals you care about.
  • Leave particular items to specific people.
  • Appoint someone you trust to carry out the instructions in your Will (your executor).
  • Leave any other instructions you may have (for example, about your funeral arrangements), or
  • Donate to a charity of your choice

Creating a will eliminates the doubts and difficulties that can occur when there is no evidence of the deceased person’s desires. Even if you don’t have too much money or don’t own a house, you may want to leave other valuable or sentimental objects such as jewellery, antiques, artwork, coins, letters, or photographs to certain people. After your death, your property and belongings are termed as your estate.

Why Do You Need A Will?

If you don’t have a will, you don’t have a say about how your estate is divided. For example, if you die without a will (called ‘dying intestate’), your estate will be distributed to your relatives according to a legal formula (intestacy rules). This could be very different from what you intended. Hence, a Dying’ intestate’ can cause complications, delays & extra costs for those left behind. For example, if you die intestate and don’t have any relatives closer than a first cousin, your estate and belongings will go to the government. A will only takes effect after you have passed. For example, if you want a close someone to look after or make decisions about your finances while you are still alive, but you are unable to do this yourself, you will need an enduring power of attorney.

Who Can Make A Will?

Anyone above 18 can make their Will as long as they have mental capacity. For example, a person with a mild intellectual disability or if they are in the early stages of dementia may still be able to make their Will if they have capacity at the time the Will is made. But in this case, we recommend having a trusted legal advisor on board to avoid any mistakes or complications.

Do You Still Need An Enduring Guardianship If You Already Have A Will?

Your Will only comes into the picture after you pass away. If you’re still alive but you’re mentally hindered, then you still need someone to look after you and make important decisions about your healthcare and finances.

Therefore, you need to appoint an enduring guardian to make those care and welfare decisions for you while you’re still alive. Of course, you can select the same person who is your executor in your Will, to also be your enduring Guardian. Still, their appointment as your enduring Guardian will be specified in your enduring guardianship document, as we explained earlier.

How Can You Make A Will & How Much Does It Cost?

Making a will (or enduring guardianship) can be simple and need not be expensive. A will must be signed and witnessed correctly to be legally valid. It is also crucial that your intentions are expressed evidently to reduce the chance of any argument later.

Therefore, it is best to have a trustee, a lawyer, and a Guardian’s company do your Will for you. While there are do-it-yourself will kits, it is recommended to get a professional to do your Will and Enduring Guardianship to ensure it is done properly and is suitable for your needs. A professional from Platinum Lawyers can also advise you on any tax matters you need to consider when drafting your Will.

Now that you know the basics about Will and Enduring Guardianship procedures, there are many other things to take into account while drafting both of these essential documents. You might come up with a lot of doubts and questions and our team at Platinum Lawyers will be there to help you out at any given time.

Call (02) 8084 2764 if you have any will-related or other legal issues in Sydney or Paramatta.

Drug driving offences can be difficult to follow, especially if you’re new to the criminal and legal system. However, you can avoid potential costly legal issues if you know your rights and the Transport Operations Road Use Management Act 1995 (Qld). First, it is essential to understand that taking recreational or prescription drugs and driving can create dangerous situations on the road for you and others.

Authorities may test you for drugs at any time. Roadside drug testing by Police is done through a saliva test, typically taking 3-5 minutes to process. It examines active ingredients in specific illegal drugs. It can be affected by the type of drug taken, quantity and quality, frequency of drug use, and time-lapsed since initial ingestion. A second test will be issued & sent for additional examination if the saliva test comes back positive and relevant drugs are caught. You may also need a blood test if the saliva screenings fail.

Drug Driving Offences

In Australia, it is against the law to drive with the existence of any illegal drug in your system. Penalties can include hefty fines, licence suspension, licence disqualification & imprisonment. The roadside drug test takes a saliva sample and can detect the presence of:

  • Cannabis
  • Ecstasy or MDMA
  • Methamphetamine (ice or speed)
  • Cocaine

If the test confirms the presence of any of the illegal drugs, you will be charged with a drug driving offence.

If you ingest prescription or over-the-counter medications, you must follow medical advice and the manufacturer’s instructions. If you are concerned about driving safely while taking specific medication, discuss it with your doctor.

What Is Driving Under The Influence or DUI?

You can be charged with driving under the Influence (DUI) if you are driving while affected by illegal or prescription drugs or alcohol. Drugs are detected through saliva, blood and urine tests which are ordered if a police officer has reasonable suspicion that any driver is under the influence of a drug or drugs. If you’re issued with an alcohol interlock order, the disqualification period may be different from what is in this table.

 

What Are The Penalties Of Drug Driving Offence?

Drug driving is equivalent to driving under the influence of alcohol, with one significant exception. Relevant drugs are illegal regardless of the amount you have in your system. This zero-tolerance policy demands two positive drug tests – either saliva or blood – to come into effect.

Suppose you test positive for a relevant drug or ingest other prescribed medications or alcohol consumption over the legal limit after being suspected of driving under the drug influence. In that case, your license will be automatically suspended. The length of this licence suspension depends on the severity of the offence. These penalties for driving with a relevant drug in your system include:

  • Automatic loss of license or disqualification from driving for over 1 and 9 months.
  • Fine of up to $1,868
  • Maximum term of imprisonment of upto 3 months

Penalties for under the influence drug include:

  • Loss of driving license for up to 6 months
  • Fine of up to $3,736
  • Maximum prison term of 9 months

Additional things to know about drug driving

Prescription drugs: Prescribed drugs and even those bought at the pharmacy over the counter are illegal to have in your body while driving if any of those impair your ability to operate a vehicle. Police are compelled to run a test on you for this if they suspect a driver of being under the drug influence.

Repeat driving offence: There are increased penalties if you are charged with a repeat drug driving offence. You become a repeat offender if you have been convicted of a drug-driving charge in the past 5 years. The possible penalties for repeat driving offences include loss of license for up to 2 years, a fine of more than $8,000, & imprisonment for an undecided period of time decided by the court.

Refusing the test: If you refuse to provide a saliva specimen for testing, you may get fined up to $5,338 or sentenced to a maximum of 6 months in prison. Additionally, you may also be accountable for the same penalties as you would if you were being charged with the original offence. There are many things to be aware of when it comes to drug driving offences. Hence, the team of Platinum Lawyers is here to help you out with the appropriate legal advice.

How Do I Apply To Get My Licence Back After The Disqualification Removal Order?

If you have been offence-free for 2 years (4 years in some cases), then you may be qualified to write an application for any outstanding disqualifications to be removed. Please note that this does not apply in cases involving serious motor offences under the Crimes Act, such as murder, predatory driving, manslaughter, police pursuits, causing grievous bodily harm or death, and several other offences. However, if you have been driving offence free in the last two years and you have a further period of disqualification yet to run, then you should fill out an application to the RMS with a copy of your traffic record. You will receive an answer from them, probably within a month & if you are eligible, a box will be ticked demonstrating such in the reply form.

When you have obtained the response and would like to engage a lawyer to act for you, call Platinum Lawyers, who will advise you on your next move to take the case to court & apply to have your disqualification removed.

How Do I Get My Licence Back After The Suspension?

In Sydney or Paramatta, you can appeal the licence suspension or request a review of the penalty. Nevertheless, you must file your appeal within 28 days from the date you were first suspended. Some parts of the process of appealing the suspension involve:

  • Request a review of a penalty notice.
  • Appeal a licence or registration decision.
  • Request a penalty notice be heard in court.
  • Apply for a good behaviour period.
  • Request a driving record.
  • Go to court.

Contact Us For Appropriate Legal Advice

Our lawyers at Platinum Lawyers can also advise you about the bonuses associated with having your case dealt with at a boutique firm versus a top-tier lawyer firm as they speak from experience. What sets Platinum Lawyers apart? We are a service-based & a client-focused firm where our lawyers take excellent care to build a relationship with all our clients. We provide one-on-one service, & we try to understand your case and then work with you to churn out the premium results. Platinum Lawyers know from experience that every client needs different legal advice at different stages in their life, especially in drug driving scenarios. So, we aim to build a relationship with all our clients and fulfil their legal needs.

Call (02) 8084 2764 for more information.

There are numerous forms of common assault charges in Australia, and the penalty varies depending on the severity of the offence. For example, even if the perpetrator has good criminal antecedents, an offender can be sentenced to an immediate jail term, and incarceration may be mandatory.

Experienced criminal lawyers, on the other hand, can assist you in formulating a defence strategy. Before we get into the specifics of ‘What Happens If You Get Charged With Common Assault,’ the following are a couple of things to remember:

What is Assault?

An Assault is an act that exposes a person to unlawful violence.

While most assaults include unwanted physical contact, an assault does not always have to be physical. All that is necessary is for the victim to anticipate physical contact. As a result, if someone lifts their fist to another person, even if the other person is not hit, it is still considered a form of assault. The distinction between “assault occasioning actual bodily harm” (and “assault” is the infliction of “actual bodily harm”.

 

There are several types of assault charges that you could face. Each one has its own set of consequences. These are the types:

1. Common Assault
2. Assault with intent (aggravated assault/circumstances of aggravation)
3. Assaults that result in bodily harm, as well as significant assaults
4. Sexual or Indecent Assault
5. Grievous Bodily Harm (GBH)

1. COMMON ASSAULT:

Common Assault includes the following behaviours:

● Kicking, Punching, Slapping or Raising a fist at someone as if to strike them;
● spitting on someone else;
● Threatening to harm someone else;
● hurling something (such as a bottle) at someone else (whether or not it makes contact);
● Putting someone under a physical restraint against their consent.

What Happens If You’re Accused Of Common Assault?

If convicted, an offender could face a maximum penalty of imprisonment of up to two years imprisonment and/or fine of $5,500.

The following conditions must be shown in court without a doubt to prove that a crime linked to common Assault has been committed:

● The accused applied force on the victim in some way.
● That the accused threatened another with immediate violence and this was done.
● The accused did
● The victim was not allowed to consent to the use of force.
● It was done purposefully or carelessly.
● The law did not justify, excuse, or authorise this act.

Defences that one might use

From the other side, here is a partial list of defences that an expert criminal lawyer, such as Platinum Lawyers, might recommend to avoid or reduce the severity of any penalties:

● Self-defence
● Provocation
● Lawful chastisement (correcting a child)
● Duress
● Necessity
● Intoxication

Which Court Will Decide This Case?

Common assault matters will most likely be heard in the Local Court.

2. ASSAULT WITH INTENT

A scenario that becomes more serious than if a crime had been committed is called “circumstances of aggravation.” For example, verbal abuse escalates to a physical attack of a more severe sort during a verbal altercation. The term “circumstances of aggravation” refers to a situation in which the criminal is:

● In the company of others or armed with a weapon
● the criminal injures, humiliates, or threatens to murder the victim
● The victim is between the ages of 13 and 16.

3. ASSAULT OCCASSIONING ACTUAL BODILY HARM

By definition, bodily harm is a criminal offence in which one individual causes pain to the victim and interferes with their health or comfort. Bodily injury includes wounds, bruises, burns, fractures, internal bleeding, disfigurement of any body part, and anything that causes a body part to malfunction, including mental health and more.

The degree of injuries determines the distinction between a common assault and an assault inflicting bodily harm. “Bodily harm” refers to small or temporary injuries, such as minor fractures or repeated bruises.

The prosecution must prove beyond reasonable doubt the following elements to prove an offence of “Assault Occasioning Actial Bodily Harm”.

• That the accused committed a physical act (touching, striking or applying force to another);
• The accused did so intentionally or recklessly;
• The accused did so without lawful excuse and
• As a direct result of that physical act the victim suffered a physical injury that is more that “transient or trifling”.

4. SEXUAL OR INDECENT ASSAULT

There are a few unique sorts of assault offences, all of which involve physical, sexual contact with someone else who doesn’t consent, or consent out of dread, or who is legitimately viewed as unequipped for giving consent because of their experience growing up.

There are several varieties of sexual Assault that carry severe punishments, including lengthy jail sentences. “Indecent” is any statute or the Criminal Code. However, the common law (case law) considers various elements, such as whether the Assault has a sexual connotation, such as a kiss that can be construed/ perceived as more than a social greeting or touching an indecent portion of the victim’s body.

Indecent assault penalties

Except in circumstances where minimum sentences are mandated by law, such as serious Assault, judges have broad discretion in sentencing offenders and depending on the nature of the offence and the offender’s criminal history, they can impose less severe penalties than those set down in the Criminal Code. For example, fines, suspended imprisonment, immediate jail, good behaviour bonds, community service orders, and probation are possible penalties.

5. GRIEVOUS BODILY HARM (GBH)

Grievous Bodily Harm is defined As any serious or permanent injury which causes long-term and ongoing problems for the victim.

Section 4 of the Crimes Act 1900 (NSW) includes examples of grievous bodily harm including:

• The destruction of the foetus of a pregnant woman
• Any permanent or serious disfiguring
• Any grievous bodily disease such as AIDS

Broken legs, a broken jaw, a catastrophic brain injury, the permanent loss of a body component, and more are examples. While Grievous Bodily Harm charges begin in the Magistrates Court, all Grievous Bodily Harm offences in Australia will eventually be heard by the District Court.

The severity of the damage will still be judged “likely to endanger life or likely to cause permanent injury to health” even if the victim receives medical treatment and recovers completely. The defendant, in this case, cannot defend himself against the assault allegations by claiming that the victim’s life is no longer in danger.

“Could I at any point be accused of attack without proof?” is the most often asked question about GBH.

NO is the answer. You must have prima facie proof of your crime to charge you with a crime. The prosecution must show the following to prove the crime of GBH:

● That the individual filing the complaint was a victim of GBH
● The person accused by the victim committed GBH
● The act of GBH was not justified, excused, or allowed by law, nor was it illegal.

What Is The Gravity Of A Typical Assault Charge On Your Life?

A criminal record for common Assault may impact your career, housing, university education, and even military service in Australia, depending on the severity of the offence.

What Options Do You Have?

Contact Platinum Lawyers, right away and based on your case, we can assist you with all forms of assaults.

Call us at (02) 8084 2764 to schedule your free 30-minute consultation.

Common property usually gets divided whenever a marriage or de facto relationship dissolves. It leads to a simple division of household objects; for instance, one person takes the refrigerator, and the other takes the big-screen TV. Separated partners who can readily agree on an asset split rarely formalise their agreement. In that instance, each side goes away confident that the other will not seek their assets in the future.

Property Consent orders or a BFA (binding financial agreement) are the two options for settling financial concerns with your ex-partner.

Both papers are legally binding, but one may be more appropriate than the other, depending on your circumstances. Because informal agreements about asset split frequently fail, it is critical to conclude matters in a legally enforceable manner.

We’ve seen unfortunate cases where a spouse has filed a court application more than 20 years after a handshake asset division—requesting a different and larger settlement because of unsolved and unfinalised financial matters.

What is a Binding Financial Agreement?

A BFA (Binding Financial Agreement) is a unique contract between two people. It is a private agreement that does not require Australia’s Federal Circuit and Family Court approval. A BFA, on the other hand, is only legally binding and established under the Family Law Act 1975 (Cth) (except for de facto couples in Western Australia, where the Family Court Act 1997 applies). Ironically, only if the parties construct a BFA under the wording of this legislation would the agreement be exempt from the Family Law Act and Family Court Act’s property division procedures.

A couple can create a BFA at any point in their relationship. A BFA is usually a prenuptial agreement, a legally binding financial arrangement that a couple makes before they marry or begin living together as a de facto couple. A prenuptial agreement can benefit a marriage by providing assurance and stability.

What are Property Consent Orders in Family Court?

The Federal Circuit and Family Court orders of Australia are known as Property Consent Orders. These orders are drafted and agreed upon by the parties themselves, usually through conversations between their solicitors, despite the Court making them.

The parties submit a draught copy of their financial agreement to the Court and ask that it be legally binding. In case there is a future breach of the orders, the Court has the authority to enforce them.

The Court decides whether the Property Consent Orders are “fair and equitable” under the Family Law Act 1975 or 1997 before issuing the orders (WA). As soon as the Court gives these orders, they become legally binding. They can, however, be set aside in certain circumstances.

What Makes The Two Documents Different?

BFAs and Property Consent Orders are used by divorcing couples to achieve the same fundamental goal: a legally binding financial split. Despite their same aim, the instruments are vastly different. Although each is superior to the other, there are some situations where one is the better option. Below are the main distinctions between the two instruments:

  • Independent Legal Advice

Property Consent Orders are reviewed by court authorities to verify that they are equitable and enforceable. The Court will reject an unjust agreement, providing a safety net for litigants without legal assistance. Property Consent Orders are therefore less expensive than BFAs, which require both parties to get independent legal advice. However, because the Court would not approve consent orders with major technical flaws, the parties should have them drafted by an experienced family law practitioner.

  • Ability To Enforce

Because the Court grants Consent Orders, if one of the parties fails to comply, the Court will automatically enforce the agreement. It is different from a BFA in that you must file a lawsuit to execute the contract. Although the outcome is likely to be the same, waiting for the Court to determine that the BFA is binding can be stressful. If the Court considers the BFA to be invalid, it has the option of refusing to enforce it.

  • Adaptability

A BFA provides significantly more flexibility than Consent Orders because it is a private contract. Even if the Court would not consider the subject fit for inclusion in Property Consent Orders, a BFA has the option to add any matter that is essential to the former spouse. Non-derogatory terms, for example, could be included in a BFA to prevent ex-partners from publicly criticising each other.

  • Honesty

Both BFAs and Consent Orders call for “full and frank disclosure” of each party’s financial information. Essentially, the parties cannot agree on a property split unless they know each other’s income and assets. The BFA differs from Consent Orders in that the parties do not need to go through discovery to confirm the accuracy of their disclosures. That is, they are not required to document their financial claims. As a result, if one or both parties have complicated financial arrangements, a BFA lets that party avoid the added labour and expense of discovery.

Should I Get a Binding Financial Agreement (BFA) or Go With Consent Orders?

Whether you should use a BFA or consent orders in your property settlement depends on what you want to achieve and prevent.

In general, a BFA is the best choice if:

  • Both sides consent to a financial division that isn’t fair and equitable;
  • The parties value privacy and the parties want to include spousal maintenance.
  • Other issues that aren’t typically addressed in Consent Orders.

Consent Orders are typically the best option when:

  • The parties have simple financial arrangements;
  • They want to strike a fair agreement;
  • keep legal fees to a minimum.

If you’re thinking about making a BFA or a Property Consent Order, go to Platinum Lawyers, a competent law firm. You can contact the experts at Platinum Lawyers for our experienced help.

You may have numerous doubts and questions, and our staff at Platinum Lawyers will be available to assist you at any moment. If you have any will-related or other legal difficulties in Sydney or Parramatta, call (02) 8084 2764.

Making an application for divorce in NSW or anywhere else in Australia is usually simple. Spousal support, custody arrangements, and property settlements are just a few problems that can make the divorce process more difficult.

If you’re considering separation, Platinum Lawyers, can provide you with an unparalleled Legal Experience, and can assist you with all of the family law difficulties that come with it. We’ll also handle the divorce application paperwork. It can assist you in reducing stress through one of your most trying periods.

Is There Anything You Need To Do Before You File Divorce Papers?

Divorcing spouses must meet several requirements under Australian family law before being granted a divorce, including:

  • Separation by law
  • Status of citizenship or residence
  • Certificate in counselling (in some cases)

While applying for divorce, you must not miss out on some crucial details that we have gathered below!

Check Eligibility-

In NSW and Australia, one or both spouses can file for the divorce process.

If you both agree to divorce, you can file a joint application. A joint application is what we call it. Also, you can file for divorce on your own if your spouse refuses to agree to the separation or if you can’t find your spouse. You are not required to obtain their permission or consent. It is also referred to as a single application.

One of the most significant distinctions between joint and solo applications is the time required. Because the court may usually deal with joint divorce documents more swiftly because they get agreed upon, the procedure gets usually completed sooner.

Some applications may take longer because the court may require multiple hearings to determine the best course of action. Alternatively, if one spouse opposes the separation you would be required to attend a Divorce Hearing. or objects to some of the charges in the papers, a second hearing may get the schedule to determine the truth. Later, the court decides whether or not to grant the divorce.

File Your Application-

All you need is to complete an application form to get a divorce. After that, you must sign and date it in front of a trained witness.

After that, you’ll need to provide a copy of your marriage certificate and the application form (divorce papers). This is then filed online with the Federal Circuit and Family Court of Australia. /In the Federal Circuit Court, this is done (FCC). The Court will charge a filing fee being $944.  It is approximately 9 $1000, although you might be eligible for a reduction if you have exceptional circumstances.

Get Your Court Date-

A sealed copy of the application form with the file number and hearing date will be available via the portal. Once the application gets completed, just pay the cost of it.

An Affidavit For e-Filing Application Must Be Signed And Uploaded (Divorce)-

Following the processing of the application, an Affidavit for eFiling Application (Divorce) will be available to download from the site. It must be signed or approved before a lawyer and then submitted as a scanned image on the portal.

Give Your Spouse The Application (If Filing Individually)-

A sealed copy of the application and corresponding attachments, affidavit and a sealed cover sheet will be available. once the scanned image of the affidavit gets downloaded.

According to the Federal Circuit Court Rules, the sealed documents must then be served on your ex-husband or wife. These guidelines stipulate that the papers must be served to the other party within a period before the court date.

Please see the Divorce Service Kit for more information on this and other service rules.

Put The Service Documentation Away (If Filed Individually)-

After you’ve served your ex-spouse with the papers, you’ll need to file an affidavit of service through the site.

The Court Hearing-

Your divorce application gets a hearing date and time. Your hearing date should have been available as soon as you filed your application, so you should know it by now. The following factors will determine whether you must attend your court hearing:

If you file the divorce application solely, you will be given a date to attend court for a divorce hearing. You will only need to attend the divorce hearing if:

  • you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing
  • you have indicated that you wish to attend in the application
  • either party has objected to the divorce being heard in the absence of the parties, or the respondent files a Response to divorce opposing the application

You do not need to attend a Divorce Hearing if the application was filed jointly with your spouse.

Divorce Certificate-

The court will approve a divorce order if they are sure that there are grounds for divorce and that the proper procedure has been followed during the hearing.

If you fail to follow the proper procedure and serve your spouse, the court date may get rescheduled to allow you to do so. When a divorce order gets granted, it becomes final one month and one day after the court hearing.

You cannot remarry between the time the divorce process order is granted and finalised; you must wait until the divorce order gets finalised.

What Occurs Once A Divorce Process Decree Is Issued?

After the final hearing, the divorce process order takes typically affect one month later. When this happens, your marriage gets dissolved. Therefore, you are free to marry again as long as you complete all conditions for a legal marriage in Australia, including submitting divorce documentation.

Keep in mind that you only have 12 months from the date of the decree to file for property settlement and spousal maintenance.

So, if you haven’t previously seen a lawyer, you should contact Platinum Lawyers as soon as possible to get things started. We’re the most outstanding family lawyers in Sydney. We’ll assist you with your divorce process and other family law matters. Call us at (02) 8084 2764.