Matthews Lawyers in Mount Barker, South Australia | Criminal lawyer

Matthews Lawyers

Locality: Mount Barker, South Australia

Phone: +61 401 269 091

Address: 3/10 Gawler Street 5251 Mount Barker, SA, Australia

Website: https://matthewslawyers.com.au

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• Divorce & Family Lawyer

25.01.2022 3/10 Gawler Street Mount Barker 5251 - 0401269091 TALKING LAW WITH EUGENIA: Saturday mornings on Radio 88.9 Lofty Radio. This morning the topic of Wills and Succession was discussed. What is a will with reference to the legislation? What is put into a will? Who inherits and so on. What happens with step children and half siblings - half brothers and half sisters was also spoken about. There was also a discussion on inheritance and the relevant legislation. If the Will is... not valid, it is said that you have died intestate. What happens if you die without a will? Miles Harper was my guest. He has vast experience in this area of the law. Questions sent to me were also answered. The topic will require another session given all the interest. There will be some more information next week. Thank you for your interest. Keep the questions coming. This is our conversation.

25.01.2022 A Gel Blaster is now a FIREARM.

24.01.2022 Matthews Lawyers of 3/10 Gawler Street Mount Barker SA 5251 - 0401269091 - has been asked: CAN I BE CHARGED FOR THE SAME OFFENCE TWICE? THE ANSWER IS NO. Double jeopardy... The principle of criminal law called the double jeopardy rule is that no person should be punished more than once for the same offence and that no person ought to be placed twice in jeopardy (at risk) of being convicted. This means that a person who has been charged, tried and acquitted cannot be charged again for the same matter. CRIMINAL PROCEDURE ACT 1921 (SA) - SECT 130 130Form of plea of " "autrefois convict or autrefois acquit In any plea of autrefois convict or of autrefois acquit , it is sufficient for the defendant to allege that they have been lawfully convicted or acquitted, as the case may be, of the offence charged in the information, without specifying the time or place of the previous conviction or acquittal. Costs will always be asked for. A prosecution like this is unacceptable and in our view an abuse of process.

24.01.2022 MATTHEWS LAWYERS EFFECTIVE CO-PARENTING AFTER SEPARATION SUGGESTIONS 3/10 Gawler Street Mount Barker SA 5251 0401 269 091 The Family Law Act 1975 (Cth) states that a child SHOULD HAVE a MEANINGFUL RELATIONSHIP with both of their parents, UNLESS there is a risk of family violence, abuse or neglect. ... Parents MUST promote a meaningful relationship between the child and the other parent. Although there may be animosity between the parents, they have obligations to their children. Parents must do what is best for the child/ren. When parents are able to effectively co-parent, the child/ren that benefit(s). This provides much needed stability for a child after separation. Stress and anxiety are minimised. Children love both their parents. They did not choose to have a family breakdown. Suggestion 1: Be child focused Focus on your child’s welfare, stability and happiness. Put the needs of the child/ren first. Suggestion 2: United parenting Perform you parenting roles as a team to provide consistency in routine, behaviour, standards and discipline. Suggestion 3: Constructive and effective communication Be respectful and civil when discussing concerns after separation. Focussing on the needs of the child/ren shows that you care about the emotional well-being of your child/ren. It also shows the child/ren that they are important and that both parents love them. Suggestion 4: Do not involve the child/ren in disputes NEVER ask the child/ren to pass messages on to the other parent or talk to them about why the relationship ended. NEVER undermine the other parent by involving a child in a dispute. A child should not be put in a position where they feel as though they need to make a decision to settle a dispute between their parents. Suggestion 5: Enrol in a parenting course Many community services such as Centacare, Relationships Australia and Anglicare run parenting courses to assist families after separating. You will learn new skills and gain additional support networks. Parenting post separation is different and difficult after separation. It is hard enough parenting in a two parent family. It is harder when you must sole parent. In some instances, the Family Law Court will make orders requiring parents to undertake specific parenting courses.

23.01.2022 Charges against Magistrate Harrap and others - requests for further information. Matthews Lawyers will make no further comment. The matter is sub judice and further commentary may interfere with the right of all Accused to fairness as is required by our criminal justice system. They all go to court with the presumption of innocence. We have an open court system. If you wish to know the current status of the matter, you can go to court to see the proceedings for yourselves.... 3/10 Gawler Street Mount Barker SA 5251 0401269091

23.01.2022 3/10 Gawler Street Mount Barker 5251 0401 269 091 This post is in response to enquiries regarding the outcome. INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM MUST BE MAINTAINED. WRONGDOING BY ANY INVOLVED IN IT WILL BE PUNISHED. R v Robert Bruce Harrap ...Continue reading

22.01.2022 3/10 Gawler Street Mount Barker 5251 - 0401 269 091 AUSTRALIAN NATIONAL CHILD SEX OFFENDER REGISTER: This post is in RESPONSE TO REQUESTS for information from people who are being investigated and also from people who have been friended by a person who is on the Child Sex Offender Register. Child Sex Offenders Registration Act 2006...Continue reading

21.01.2022 Community Announcement - Bill Retalic Prize for Science and Justice - sponsored by Matthews Lawyers This year's prizes were awarded to Mr. Nathan Deliveyne - Honours ($1,000.00) and Ms. Katherine Hill PhD candidate ($1,000.000. Nathan's research project was 'Optimising Trace DNA detection methods for species common in the illegal wildlife trade.... Katherine's research is an enquiry into how the use of isotopes can be adapted in wildlife forensic applications relating to Australian native parrots. It is a privilege and an honour to be associated with the University of Adelaide, to play a small part in the development of forensic science and at the same time paying tribute to the late Mr. Bill Retalic, Barrister. Congratulations to the candidates.

21.01.2022 Talking Law with Eugenia - Saturday, 19 December 2020 CONSUMER RIGHTS - DEFECTIVE GOODS, RETURN, WARRANTIES, UNFAIR CONTRACTS. THE USUAL OFFENCES COMMITTED DURING THE FESTIVE SEASON - DISORDERLY BEHAVIOUR, DRINK DRIVING ETC Questions can still be sent. PM me if you want or email. I will answer them on the programme tomorrow.... Responding to requests for information. 3/10 Gawler Street Mount Barker SA 5251 0401269091

20.01.2022 We are pleased to announce that Ms. Matthews has been accepted into a DV training course. We can all do something to help. Knowledge is the key. Dear Eugenia ... Thank you for your enrolment application for Complex Forms of Violence. We would like to confirm your registration has been accepted and you have been enrolled into the course. Please find workshop details below: Training: Complex Forms of Violence [Complex forms of Violence] (DV-alert Complex forms of Violence: ADELAIDE - Nexia Edwards Marshall, 153 Flinders St) Training date: 28/5/2021 Times: 8:45 AM-5:00 PM Location: ADELAIDE - Nexia Edwards Marshall, Lvl 3, 153 Flinders St Catering: is provided

20.01.2022 3/10 Gawler Street Mount Barker 5251 Ph: 0401269091 DNA EVIDENCE: IT CAN EXONERATE AS WELL AS CONVICT This is an excellent article on the use of DNA as a forensic tool. Matthews Lawyers has had many matters in court where the evidentiary issue is the quality of the DNA evidence.... https://www.linkedin.com//urn:li:activity:67159172057684/

16.01.2022 TALKING LAW WITH EUGENIA - Lofty Radio 88.9 - Every Saturday from 10.00 am to 11.00 am Good afternoon everyone. I had my first radio gig this morning - Talking Law with Eugenia. I answered questions sent to me through the week from the community - criminal law and traffic law. I also talked a little bit about sentencing and what a conviction actually means. I spent a lot of time on arrest rights - right to silence - and the consequences of not remaining silent. ... If you have a question about law, ask it here or PM me. Talking Law with Eugenia is a community conversation based about law and all things legal. Thank you for listening today.

16.01.2022 Talking Law is coming - Saturdays 10.00 am to 11.00 am. Have a question, message the Station- traffic, criminal, family law, contract etc

16.01.2022 TALKING LAW WITH EUGENIA - Eugenia Matthews - returns on SATURDAY, 9 JANUARY 2021 - 10.00 am to 11.00 am The topic will be about SENTENCING. Many think that the penalties imposed on people for the same offending are inconsistent. The discussion will FOCUS on the SENTENCING ACT and the FACTORS that are considered when penalty is imposed as well as the DISCOUNT for EARLY GUILTY PLEA. If you have a question about sentencing of offenders PM me or email me.

16.01.2022 NOT GUILTY - DRUG DRIVING CHARGES and COSTS 3/10 Gawler Street Mount Barker SA 5251 0401 269 091 Not Guilty verdict - drug driving - delivered today with costs in favour of Defendant. Prosecution was advised the case was weak and in the view of the Defence they would not meet their burden of proof. Client is very happy as are Robert Kane, Barrister and myself.... If you have been charged with an offence, call our office to speak with our Eugenia Matthews for expert legal advice.

14.01.2022 3/10 Gawler Street Mount Barker 5251 0401 269 091 TALKING LAW WITH EUGENIA Lofty Radio 88.9 FM Saturday, 24 April 2021 10.00 am to 11.00 am DOMESTIC VIOLENCE AND INTERVENTION ORDERS: ... Part 1: What is Domestic Violence? Part 2: Intervention Orders and the Protected Person (Victim) Part 3: Intervention Orders for the Perpetrator (Alleged Abuser) Legislation: Intervention Orders (Prevention of Abuse) Act 2009 (SA) The full article will be posted tomorrow for your information.

14.01.2022 ROLE OF EXECUTOR WHEN A PERSON HAS DIED: Community Announcement in response to requests 3/10 Gawler Street Mount Barker 5251 - 0401 269 091 The role of Executor has serious responsibilities. The person who has been appointed us responsible for ensuring that all assets are identified, all debts are paid and that the beneficiaries receive their inheritance in accordance with the terms of the Will.... The following steps must be undertaken by the Executor: 1. Locate the current, original and signed Will. 2. Obtain a grant of Probate - the Executor must file various documents with the Probate Registry, including the original Will, death certificate and a statement of all assets and liabilities as at the time of death of the deceased person. Until probate is granted by the Supreme Court of South Australia, the Executor does not have the legal authority to take any further action in the administration of the estate. 3. Confirm all assets and debts of the estate - the Executor must write to the deceased person's financial institutions and insurance companies, utilities and so on. The Executor will also search records to see if the deceased person owned any other assets. Matthews Lawyers recommends preparing an inventory of the deceased person's household furniture and personal effects. All relevant government agencies - Centrelink, ATO etc - must be notified of the death. 4. Keep records. 5. Close, sell or transfer assets as necessary and only in accordance with the Will. 6. Pay debts. 7. Finalise Tax. 8. Distribute the estate to the nominated beneficiaries as directed by the Will. NB: Distribution of the estate can only occur if there are no further claims against the estate and the following steps have been completed: 1. Grant of probate has been received. 2. All assets of the estate have been ascertained. 3. The Executor has sold assets, shares or property as directed in the Will, or as needed to fulfil the requirements of the Will. 4. All debts and liabilities have been paid. 5. The final taxation return has been prepared and lodged, the ATO's assessment has been received and either there is no tax owing or if there is the tax bill has been paid. 6. Legacies, where sums of money are left to certain beneficiaries are paid first, followed by specific bequests of personal effects and finally cash or assets are transferred to the beneficiaries named in the Will.

14.01.2022 SCHOOL CROSSINGS AND SCHOOL SPEED ZONES - 25 Kmh: Remember that children do not always have good road safety sense and can also be easily distracted - you need to be more cautious when they are near a road than you might be with adults. Drivers have a responsibility to take extra care at these locations. Children's crossings have been designed for the protection of school children and adults, and operate (i.e. the flags are displayed or the lights are flashing) usually during...Continue reading

13.01.2022 COVID19 advice from SA Police. Stay safe everyone.

12.01.2022 3/10 Gawler Street Mount Barker 5251 - 0401269091 The free legal clinics remain suspended, but you can still get telephone advice - 0401269091. Our social justice commitment remains on foot.

12.01.2022 BAIL REFUSED? - WHAT NOW? Matthews Lawyers 3/10 Gawler Street Mount Barker SA 5251 Ph: 0401 269 091 CAUTION:...Continue reading

12.01.2022 Talking Law with Eugenia - Saturday mornings 10.00am - 11.00am PODCASTS will be available soon. People are wanting information about the charges against Magistrate Harrap, Police Prosecutor Abbi Foulkes, Lawyer Catherine Moyse and Clerk Melanie Freeman. I am also being asked to comment about matters where judgments have been made in the courts. Due to public interest I will comment about this matter on next Saturday's show - 7 November 2020. There is a suppression order ...in place about specific issues. I will not comment on those issues. People also are asking about traffic law and about making Wills. There will be commentary about those subjects. Thank you for your comments and feedback. Keep them coming. This is our conversation.

10.01.2022 FAMILY MEMBER HAS DIED? WHAT NOW HAVING THE RIGHT HELP AND ADVICE IS IMPORTANT Losing someone close to you is very upsetting. In addition to the emotional strain, practical things such as contacting different organisations - utility providers, superannuation funds - finding the deceased's person's Will and arranging their funeral.... Matthews Lawyers suggests contacting the following: 1. Doctor, Dentist and or other health care providers. 2. Current and/or past work mates and any professional groups, of which the deceased was member 3. Centrelink, Veterans Affairs 4. Superannuation funds 5. Banks 6. Insurance companies 7. Australia Post to redirect mail. 8. Online social groups such as FaceBook. 9. Religious organisations such as Church, Mosque and Temple. THE WILL CANNOT BE FOUND: WHAT HAPPENS NOW? When someone dies without a Will, they are said to have died 'intestate. In these cases, the estate is distributed in accordance with the laws of intestacy. The Administration and Probate Act 1919, specifies how the estate of a deceased person will be distributed. There are also laws that dictate who is entitled to administer the deceased estate. Matthews Lawyers is able to assist - 3/10 Gawler Street Mount Barker 5251 0401 269 091.

10.01.2022 3/10 Gawler Street Mount Barker SA 5251 0401 269 091 FAMILY LAW SUCCESS Congratulations to Ms. Carrie Eames from Matthews Lawyers who together with Daniel Praolini, Barrister won their family court trial - children's issues and property settlement. ... The Client - who cannot be named pursuant to the Federal Court Rules - emailed saying how happy he was with our service. We are very happy for our Client and thank him for his kind words.3 See more

09.01.2022 Drug and or Drink Driving - PLEASE DON'T DO IT

06.01.2022 REFUSING A BREATH TEST Matthews Lawyers 3/10 Gawler Street Mount Barker 5251 - 0401269091 It is an offence to refuse or fail to comply with all reasonable directions of a Police Officer, to submit to an alcotest or breath analysis, particularly to refuse or fail to exhale into the apparatus by which the alcotest or breath analysis is conducted - Road Traffic Act 1961 s 47E(3) ... PENALTY: First Offence: a fine of not less than $1100 and not more than $1600 with mandatory licence disqualification for a period not less than twelve months. Subsequent Offence: a fine of not less than $1900 and not more than $2900 with mandatory licence disqualification for a period not less than three years [see Road Traffic Act 1961 s 47E(3); s 47E(6) for mandatory licence disqualifications]. In the case of a first offence, where the court is satisfied by evidence given on oath that the offence is trifling the Court may order a lesser period of disqualification but for not less than one month [see s 47E(6)(b)]. In determining whether an offence is a first or subsequent offence, any previous drink or drug driving offence(s) for which the defendant has been convicted by a court within the prescribed period immediately preceding the date on which the offence under consideration was committed will be taken into account [see s 47E(7)]. PRESCRIBED PERIOD: The prescribed period is three years in the case of a previous offence that is a category one offence (that being an offence against section 47B(1) involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood) and five years in any other case [see s 47A(3) for definition of prescribed period].

05.01.2022 Lofty Radio: 88.9 TALKING LAW WITH EUGENIA begins at 10.00 am today. Today's discussion will be about children issues after separation and what the Family Law Act 1975 (Cth) says about this - Parenting Plans, Best Interests of the Child - what does that mean? - Joint responsibility for the child or sole responsibility.... There is still time to PM your questions to me. This is our discussion.

05.01.2022 Don't be scammed - SA Police advice

04.01.2022 Part 1: What is Domestic Violence? Part 2: Intervention Orders and the Protected Person (Victim) Part 3: Intervention Orders for the Perpetrator (Alleged Abuser) Legislation: Intervention Orders (Prevention of Abuse) Act 2009 (SA) PART 1: What is domestic violence? Domestic violence is when someone close to you threatens you or does something to harm you or someone else in your family.... https://matthewslawyers.com.au/domestic-violence-and-inter/

04.01.2022 Matthews Lawyers is proud to announce that our new website is now live. Check it out here: https://matthewslawyers.com.au/community-announcement-new-/

04.01.2022 DEFENDING AN OFFENCE OF DRIVING MORE THAN 25KPH PAST EMERGENCY VEHICLES SECTION 83 OF THE ROAD TRAFFIC ACT 1961 (SA) - 3/10 Gawler Street Mount Barker SA 5251 0401 269 091 In 2014 South Australia reduced the speed for driving past emergency vehicles to 25kph, down from 40kph. The legislation is for the purpose of protecting emergency workers. These people are required as part of their work, to get out of their vehicles, for various purposes such as to help people after ...Continue reading

04.01.2022 3/10 Gawler Street Mount Barker SA 5251 - 0401269091 PARENTING COURSES POST SEPARATION: Matthews Lawyers strongly recommends that parents post separation enroll and participate in separation parenting courses. The whole family benefits when there is participation in parenting courses. Parenting post separation is not the same as parenting within a family unit. Getting support and information is a sign of strength. It shows that the children's needs are prioritised. ...Continue reading

02.01.2022 TALKING LAW WITH EUGENIA - Lofty Radio 88.9 FM Saturdays 10.00 am to 11.00 am The program will return on Saturday, 9 January 2021. We wish you all a Merry Christmas and a happy, safe and prosperous 2021. If you need legal assistance over the festive season, we will still have our emergency 24 hour service. Call 0401 269 091.