NCAT and the new NSW Stata Laws

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NCAT and the new NSW Stata Laws by Simon McMahon This paper examines the new Strata Laws in NSW proposed to commence in late 2016 and their operation in the NCAT with particular focus on dispute resolution and Part 11 of the Strata Schemes Management Act, 2015 which relates to…

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Mediation: Tips and Traps

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Mediation: Tips and Traps by Simon J Harben SC This is a practical overview of Mediation. It examines the National Accreditation System and then the processes available to enable the reader to conduct a successful Mediation. There are important tips set out and by reference to some cases various traps…

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Applications for costs and non-publication orders: Civil applications in the Local Court

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Applications for costs and non-publication orders: Civil applications in the Local Court by Lizzie McLaughlin Applications for costs and applications for suppression or non-publication are common requests received from clients in at the beginning or the end of their criminal proceedings. They are not often pursued and generally an accused…

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Ewen v R [2015] NSWCCA 117 – Analysis and Effect on Murray

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Ewen v R [2015] NSWCCA 117 - Analysis and Effect on Murray  by Benjamin Bickford This paper provides a summary of the CCA case of Ewen v R and a discussion of the effect that the ratio and principles applied in that case have on the well established Murray Direction…

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Litigants in person

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Litigants in person with notes by Tony Allen Litigants in Person - summary of learned papers - practical advice on the character of some litigants in person such as obsessiveness, flooding of documents by them and irrelevant material - inability of LIP to to refer to or understand evidence, -…

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Controlled Operations – Some practical tips

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Controlled Operations - some practical tips by Jason Hale The Law Enforcement (Controlled Operations) Act 1997 gives the police the power to contravene the criminal law. It gives trained undercover operatives (and non-police participants) the authority to purchase prohibited drugs, stolen property and firearms. It also allows operatives and non-police…

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Statutory Interpretation & The Ordinary Criminal

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Statutory Interpretation & The Ordinary Criminal by Lizzie McLaughlin This article is a summary of the High Court decision of Gillard v The Queen [2014] HCA 16; 219 CLR 1 which discussed the mens rea to be established by the Crown in a sexual assault matter where consent was alleged…

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