Dominic Tam Solicitor & Barrister in Chatswood, New South Wales, Australia | Divorce & Family Lawyer

Dominic Tam Solicitor & Barrister

Locality: Chatswood, New South Wales, Australia

Phone: +61 2 9413 3081

Address: Suite 21, Level 1, 3-9 Spring Street 2067 Chatswood, NSW, Australia

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25.01.2022 You may have saw the news today with the headline "a man has been stung with a $112 fine for leaving his car unlocked at a petrol station in Sydney." So is it illegal to keep your car unlocked or window opened while no one is in the car? Surprisingly, it is illegal in some States in Australia to leave your car door unlocked or window opened when youre a certain distance away from it.... In NSW, under Road Rules 2014 - regulation 213, section five: "If the driver will be over 3 metres from the closet part of the vehicle and there is no-one left in the vehicle, the driver must: (a) if the windows of the vehicle can be secured, secure the windows immediately before leaving the vehicle, and (b) if the doors of the vehicle can be locked, lock the doors immediately after leaving the vehicle. For the purposes of subrule, a window is secure even if it is open by up to 2 centimetres." Fine from $112 with up to $2200! In Victoria, under Road Safety Road Rules 2009 penalty code 2135, it is illegal to leave "motor vehicle unattended with keys in ignition, motor running, brakes not secured or doors unlocked." Fine from $117 In Queensland, under Sectioin 213 Transport Operations (Road Use Management - Road Rules) Regulation 2009, you will get an on-the-spot fine for not securing your vehicle or removing the key from the ignition before you walk away from it. On spot fine from $40 Photo Source: Facebook

25.01.2022 Is it illegal to smoke in your car in Australia? The laws in each States and Territories are different but in general, it is not illegal to smoke in your car if all the passengers are over the age of 16 (in some States the age of 17 or 18). NSW / ACT / QLD / SA / NT: It is illegal to smoke in your car with a child under the age of 16. You will get on spot fine if $250+... WA : It is illegal to smoke in your car with a child under the age of 17. You will get on spot fine if $200+ VIC / TAS : It is illegal to smoke in your car with a child under the age of 18. You will get on spot fine if $200+ Fun Fact: Did you know that Iran has the law implemented in 2006 which banned all car drivers from smoking in the car regardless of the age of the passenger.

22.01.2022 The Court of Appeal has awarded the Purchaser of the property on the basis that the Vendor was engaged in the misleading conduct. A reminder to the real estate agents on what they put on the advertising materials. http://www.supremecourt.justice.nsw.gov.au//Williams_29062

22.01.2022 There are lots of talks and debates about the legalizing same sex marriage in Australia. So what laws will change if same sex marriages are allowed? Marriage Act 1961 will be amended with the substitution of the words: "a man and a woman" "2 people"... "A brother and a sister" "2 siblings" "or husband" "or spouse" The new laws will also allow ministers of religion or marriage celebrant to refuse to solemnise marriages. Details of the exposure draft can be found here. https://www.attorneygeneral.gov.au//Exposure-Draft-Marriag

21.01.2022 Victorians should be very proud. The Federal Government can do better than this. Dont send the children and infants to Naru. #letthemstay

17.01.2022 The Australian Minister of Immigration Peter Dutton made a statement today that lawyers acting for refugees are "un-Australian" I have acted for the refugee on a pro bono basis without charge on many occasions. Refugees are human beings. They came here to seek refuge but landed in our complex legal system. Most of them cannot speak English let alone understanding the court proceedings. A lawyer has a responsibility to defend the rights of all human beings and will always d...o not just defending for the rich famous and populars. http://www.smh.com.au//lawyers-representing-asylum-seekers

17.01.2022 Drive safely and enjoy the long weekend.

16.01.2022 Tougher Drink Driving Laws in NSW from 3 December 2018. (Information below are provided by RMS) Depending on the offence, if you are caught drink driving NSW Police may suspend your licence immediately. If you are a repeat, high-risk drink driver, police may also confiscate your number plates or impound your vehicle....Continue reading

11.01.2022 The NSW Court of Appeal dismissed an appeal from the wife against her mother in law and held that there was a loan agreement in place between the wife and the mother in law. The Appeal Court ordered the wife to reply her mother in law for the loan amount and interest. Tip: Domestic loan agreement is legal and enforceable if it was carefully prepared by an experienced solicitor. https://www.caselaw.nsw.gov.au/dec/59682c95e4b074a7c6e17236

11.01.2022 It is important to engage an experience lawyer before purchasing any off the plan property. http://mobile.news.com.au//wo/story-fndban6l-1227385761594

10.01.2022 With property prices in NSW continue to go up, more and more parents are now helping their children financially to purchase their first home. Is it possible to protect the parents financial contribution ? The Supreme Court of Appeal confirmed that a mortgage made by the parents to their child and their daughter in-law is enforceable in the recent case of Chaudhary v Chaudhary [2017] NSWCA 222 https://www.caselaw.nsw.gov.au/dec/59a76a29e4b058596cba9cee

10.01.2022 Did you know that from tomorrow 1 September 2017, retailers and businesses cannot charge their credit card surcharge fee more than it cost them? On 25 February 2016 the Competition and Consumer Amendment (Payment Surcharges) Act 2016 became law. It inserted a new part into the CCA banning excessive payment surcharges and provided new powers for the ACCC. The ban is found in the CCA, and operates in conjunction with a Reserve Bank of Australia (RBA) standard.... The purpose of the ban is to stop businesses from charging payment surcharges that are excessive. That is, from charging a customer more than what it costs the business to process the payment. A business is not required to impose a payment surcharge, but if it chooses to then it is only allowed to pass on to the customer the costs that the business was charged for accepting payment of that payment type. Payment types include Efptos, Mastercard, Visa and American Express. If you suspected the business overcharged you the credit card surcharge, you can report them to ACCC on the link below. https://www.accc.gov.au//contact-t/report-a-consumer-issue

09.01.2022 Family Law Amendment (Arbitration and Other Measures) Rules 2015. Today, new arbitration rules about disclosure and subpoenas will be inserted into the Family Law Rules 2004 (Cth).

08.01.2022 Buying a property in NSW? The recent Supreme Court case suggested that it may not be that easy to terminate a contract for sale of land. The Supreme Court has found that Aboriginal objects claimed to exist on land near Byron Bay are not capable of being a defect in title under a contract. The Court also found that the purchasers of the land were not entitled to terminate the contract due to the vendors refusal to withdraw a claim for interest under the contract. Read the c...ase here: https://www.caselaw.nsw.gov.au//5994e375e4b074a7c6e17da5.p Mehmet v Carter [2017] NSWSC 1067 Now the Court sees Aboriginal objects left in the property is not a defect in title, following this logic, it can be possible to argue that contamination, asbestos, human remains or even spirits and ghosts may not affect the title.

07.01.2022 Just completed and settled my first electronic Conveyancing today & possibly St George Banks first eConveyancing too. Paper Transfer, Notice of Sale & Contract will soon be a thing in the past. P.S congrats to the new owner of a beautiful house and their first electronic Certificate of Title

07.01.2022 Thinking of buying a property in NSW? The NSW Government announced a range of measures to address housing affordability. Heres a look at all the changes. From 1 July 2017:... - Stamp duty exemption for properties valued up to $650,000 -Stamp duty discounts for properties valued up to $800,000 -Stamp duty concessions extended to established houses -Stamp duty on lenders mortgage insurance (LMI) abolished -Stamp duty concessions for off-the-plan apartments eliminated -$5,000 grant for off-the-plan apartment purchases eliminated -12 month stamp duty deferral for investors eliminated -First home owner grant for new homes capped at $600,000, down from $750,000 -Stamp duty surcharge for foreign investors rises from 4% to 8%

06.01.2022 We should have the right to remain silence. http://www.lawsociety.com.au/about/news/1018074

03.01.2022 Which car should give way? Answer: http://www5.austlii.edu.au//nsw/consol/rr2014104/s148.html

03.01.2022 Harsher Penalties for using Mobile Phone while driving in NSW From 17 September 2018, NSW drivers who use a mobile phone illegally will be penalised an extra demerit point, up from four to five as well as an increase of fine to $337. During double demerit periods, drivers who break the rules will be penalised 10 demerit points. For some people, this will mean a licence suspension. Road rules...Continue reading

02.01.2022 Judgment Just In The Supreme Court has awarded damages to the vendor after finding a third party with no proprietary interest lodged caveats over the properties. Important that legal advice should be obtained before lodging a Caveat. Read the judgment summary here: https://www.caselaw.nsw.gov.au//55d68bc4e4b0a95dbff9dfe1.p

01.01.2022 Sorry Pokemon GO fans. Successfully found a Pokemon is not a mitigating factor on sentencing.