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Barefoot Law

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25.01.2022 Post superseded by judgment authorising protest ... Today is an important and difficult day. We should protest freely but the law means you will risk a fine if you do. For analysis of the law read on below. You can always call us if you get into trouble. Or try ACFL on 1300745368.

24.01.2022 Good graphic from Channel 7 of the changes in NSW from Monday. Regional travel including into Byron delayed until 1 November. No relaxation of rules for unvaccinated people. PS: challenges in Supreme Court dismissed on Friday. Email [email protected] if you have any queries. Look after each other! Thanks Mark Swivel. See the whole current Public Health Order here: https://legislation.nsw.gov.au//covid19-legislation/general

23.01.2022 Join Barefoot Law at Bangalow Film Festival. We’re hosting White Noise an expose of key alt-right figures in the US. A great doco from The Atlantic. Love what Lyn McCarthy and Ben Alcock are doing. Wed 20 Jan at 8pm. Bangalow A&I. Tix: https://bangalowfilmfestival.com.au/white-noise/.

19.01.2022 Join us at Bangalow Film Festival!

19.01.2022 He wore a Rabbitohs cap to court. He’d been at home with his mum for most of the year. We got him bail against the odds back in February. A year ago Ted (let’s call him that) had checked himself into hospital because he’d been hurting himself and thinking of dying. It was ok for a few days. Then a bloke niggled him and started a scrap. Ted knew how to use his fists so he held back. So this bloke went on with it. Ted lost it and belted this bloke. Broke his jaw. It was awful. ...A bad thing. He spent the next 10 weeks in jail. But since getting home he’s stayed home, and seen the doctor and taken his meds, and stayed out of trouble. The magistrate called it ‘virtual house arrest’. Today we had to see if the magistrate would let Ted stay at home. We compiled reports from the psychiatrist and his social worker. We filed long submissions arguing it was better for Ted to treated as a patient not a prisoner. That it was best for Ted and the community to treat the illness and not punish the crime. We pleaded guilty. Despite all manner of mental health issues and trauma in his life, Ted still knew what he did was wrong. And he has evened out, started to make amends, and make sense. The magistrate could see that. So over the next 6 months Ted has to see the shrink and stay on his meds. Ted sleeps under the same roof as his mum tonight. After a year of worry and regret, Ted can breathe a little easier, and cuddle his dog a little harder. There are loads of Teds all over Australia. And sometimes the magistrate is not as smart or kind as the one we got today. I’m knocking off now and will enjoy a beer, and I’ll be toasting Ted and his mum and everyone not so lucky all over this country. Have a good weekend. See more

17.01.2022 As the US implodes, join Barefoot Law for a doco on 3 of the leading boosters of Trumpism at Bangalow Film Festival. Wednesday 20 Jan at 8pm.

17.01.2022 Breaking news. Stallholders win Bluesfest NCAT appeal. But refunds will be reduced to 75% of the fees paid. Last year Barefoot Law represented 11 stallholders who paid Bluesfest $90,000 in total to run stalls at the 2020 festival. In January 2021 NCAT awarded the full amount to be repaid. An appeal was heard in April 2021 with counsel representing Bluesfest (both on appeal and in the initial case). The stallholders will now be refunded 75 per cent of their fees and Bluesfest will keep 25 per cent to cover its costs. Bluesfest may yet appeal again, as is anyone’s right. You can read the decision here: https://www.caselaw.nsw.gov.au/dec/17c9acc768c9624131e675ed#. Thanks to Leyla Roberts and David Heilpern for their support and work on this case. Mark Swivel. Barefoot Law.

16.01.2022 Join us on Wednesday folks. To bring in the inauguration. Meet some of the key boosters of the Trump era. Up close and personal. Wednesday 20 January at 8pm. Bangalow A&I. Drinks and dinner available before and during the show.

12.01.2022 Dinner and drink from 7. Movie at 8. Tickets here folks: https://www.ticketebo.com.au/bangalow-film/white-noise.html

12.01.2022 Talking drug driving law, the punishing work schedule of the bench and his desire to make a difference with the law, the excellent David Heilpern, on Radio National this evening, our latest recruit to Barefoot Law. Thank you for the mention, your honour!

12.01.2022 Double demerits start Thursday, Christmas Eve. Do not expect any leniency. And please don’t drink and drive. Stay well and go gently.

11.01.2022 Breaking news. Byron Shire got to 80 per cent first dose yesterday Sunday 17 October and second dose is at 55 per cent. Looks like the hub is having an impact. Imagine if it had been a vaxx and waxx hub, we’d be there already!

11.01.2022 Bluesfest Stallholder Case - Community Update https://us02web.zoom.us//tZIudOmurjkoE9EW8fS25UYzqAVMokBJ8 Due to community interest we are holding a short briefing and Q&A at 12pm on Wednesday 27 October with David Heilpern and Mark Swivel.... Barefoot Law represented 11 stallholders who paid Bluesfest a combined $90,000 to run stalls at the 2020 festival. In January 2021 Graham Ellis SC, Senior NCAT Member, ordered a refund of the full amount of the fee. Bluesfest’s appeal was heard in April 2021. The appeal failed in its main arguments; the force majeure contract term was held to be unfair under the Australian Consumer Law by the NCAT Appeal Panel (Deputy Presidents Harrowell and Westgarth) on 21 October 2021. The appeal was successful to the extent that Bluesfest will recover 25 per cent of fees paid to cover their costs. The stallholders will be repaid $67,000 or 75 per cent of the fees paid. Bluesfest may appeal, as is anyone’s right. You can read the decision here: https://www.caselaw.nsw.gov.au/dec/17c9acc768c9624131e675ed#. Mark Swivel Barefoot Law

09.01.2022 I heard a voice I knew on the radio this morning telling the tale of her evacuation from last year’s bushfires and how she was given a teddy bear by the nice people who looked after her. I knew that voice, raspy and ageing, smart and never far from laughing, because we acted for her helping her to become a voluntary patient and stop ECT treatment which over decades had been administered more than 400 times. A mob of us - her sister and brother, her social worker and GP - all did our bit, me and colleagues to get her ‘out’ and ‘home’. Eventually. How I loved hearing that voice enjoying being at home and chatting on the radio and thanking these ‘nice people’ for a teddy bear. Exactly a month after she finally found her way free. Merry Christmas to you from Barefoot Law!

07.01.2022 Prison reform. It’s time to ask ourselves again what we achieve with our prisons. Costly and damaging, incarceration should be a last resort. What do you think?

04.01.2022 Join us to discuss the Bluesfest case at 12pm today Wed 27 Oct. Mark Swivel. David Heilpern. https://us02web.zoom.us//tZIudOmurjkoE9EW8fS25UYzqAVMokBJ8

03.01.2022 Bluesfest is a fantastic event and a great institution in the music festival scene. This case was about whether it was fair for Bluesfest to retain money Stallholders paid in advance for Bluesfest 2021 when the event was called off due to COVID-19. NCAT decided that the Stallholders were entitled to a full refund of the fees they had paid Bluesfest. The ‘force majeure’ contract term Bluesfest wanted to rely on to keep the fees was found to be unfair. In short, the Stallholders got nothing for their money and Bluesfest had no legal basis to keep that money. The Stallholders' arguments succeeded under the Fair Trading Act, Australian Consumer Law and the Frustrated Contracts Act. NCAT ordered Bluesfest to immediately repay the Stallholders fees in full. Bluesfest may of course appeal and have 28 days to do so.

03.01.2022 We’re back! And very lucky to have David Heilpern joining us. Looking forward to our first post Lockdown clinic at Mullum Neighbourhood Centre next Wednesday from 10am.

03.01.2022 Meanwhile in Mullum. Healthy North Coast with a mobile vaccination hub outside Mullumbimby & District Neighbourhood Centre opposite the servo on Dalley St. Come and geddit! Mullumbimby.

01.01.2022 Don't forget we are at Mullumbimby & District Neighbourhood Centre Inc. every Wednesday... and ... you will see a new face around - meet Peter Mack, our newest solicitor! He is available for appointments between 10 & 4pm each Wednesday at the clinic. This week, while Mark is on a well deserved break, Peter will be taking the reigns alongside David Heilpern who is also available for appointments. Peter comes to us from Sydney, and became a lawyer in 2018. His knowledge exten...ds across the board but notably in planning and environmental law. Peter joining the team at Barefoot Law means we can help with common matters related to planning and property disputes including unauthorised structures and use, nuisance and trespass (amongst other planning and property matters). To make an appointment with Peter or David this Wednesday, simply call the centre on 02 6684 1286 to arrange an appointment.

01.01.2022 Remarkable. Promising.