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22.01.2022 In the United States today, juries decide less than 4% of criminal cases and less than 1% of civil cases filed in court. What happened to trial by jury?



21.01.2022 Don't have time to call or visit a lawyer to make a will? Have you tried our online will instructions page. It's quick and easy. https://www.prolawyers.com.au/will-instructions/

20.01.2022 There has been a lot of anger on social media about the individuals involved in the St Kilda assault. People say that the justice system is too lenient, but the fact is that judges face pressures from both the State and Federal Government when it comes to costs incarceration. According to the Australian Institute of Criminology(Link below), in 201415 the total net operating expenditure and capital costs for imprisonment in Victoria were $837 million, while the total for com...munity corrections was $109 million. This is equivalent to $361 per prisoner per day and $28 per offender per day. That is your taxpayer money that Magistrates and Judges have to take into consideration along with the long term effects of placing those individuals in custody. You also have to bear in mind the likelihood of imprisonment each face. All four have been charged with: Two counts of assaulting police (5 years maximum imprisonment), affray (5 years maximum imprisonment), violent disorder (10 years maximum imprisonment) and intentionally causing injury (10 years’ maximum imprisonment with mandatory 6 months). https://aic.gov.au/publications/rr/rr5

16.01.2022 Could you guess what year this was taken?



14.01.2022 Are you sure you're a contractor not an employee? A common question we get asked and useful guide at the Fair Work Ombudsman.

13.01.2022 The Treasury Laws Amendment (Gift Cards) Bill 2018 amends the Australian Consumer Law to introduce a national regime that requires gift cards have a minimum three year expiry period and disclosure of expiry information on gift cards and bans certain post-supply fees. The Bill implements the gift card reforms announced on 19 June 2018 by the then Assistant Minister to the Treasurer, the Hon Michael Sukkar MP. [ 89 more words ] https://www.prolawyers.com.au//23/national-gift-card-refo/

11.01.2022 Our sincere condolences go out to Steph and her family. This is one of the worst stories we've heard of a someone's partner dying intestate (without a will) and the issues they faced.



11.01.2022 The Sale of Land Amendment Bill 2019 (Vic) was passed in Parliament on 28 May meaning the retrospective changes to off the plan sunset clauses will come into operation as soon as the bill receives royal assent. The new requirements will prevent a vendor rescinding residential off the plan contracts based on a sunset clause without: The ‘notice’ and ‘consent’ provisions will apply to sunset clauses in [ 77 more words ] https://www.prolawyers.com.au//retrospective-changes-to-o/

11.01.2022 Superannuation death benefit - what is it and what can I do with it? https://www.prolawyers.com.au//superannuation-death-benef/

09.01.2022 Take our quick easy guide to see how you can recover a debt owed to you. https://www.prolawyers.com.au//quick-guide-debt-recovery-/

08.01.2022 Some good news coming to people on minimum wage.

08.01.2022 County Court of Victoria Chief Judge Peter Kidd has handed down his sentence in the matter of the Director of Public Prosecutions v George Pell. https://content.countycourt.vic.gov.au//dpp-v-pell-sentenc



07.01.2022 The judgment in George Pell v The Queen has been handed down this morning by the Court of Appeal in Victoria. By a majority of two to one, the Court of Appeal dismissed Cardinal George Pell's appeal. He will continue to serve his sentence for the sexual abuse of two 13-year-old choirboys, and will be eligible for parole once he has served three years and eight months of his sentence. Whether he is able to be paroled will not be a matter for the courts, the Court noted. https://www.streaming.scvwebcast1.com/judgment-in-the-matt/

06.01.2022 How did a 22 year old partygoer who assaulted paramedic after consuming a 'cocktail of drugs' at Rainbow Serpent avoid jail? On 28 August 2019, James Haberfield, became the first person under new Victorian laws today to be slapped with mandatory treatment and monitoring for offenders who attack emergency workers. Magistrate Simon Zebrowski said Haberfield's impaired mental state that day was not solely due to self-inflicted intoxication - as he had pre-existing autism spectru...m disorder and a major depressive disorder. WHAT WERE THE CHANGES TO THE LAW? As at 28 October 2018, changes were made to what constitutes a special reason not to impose the minimum term of imprisonment. For a number of offences in Victoria, courts must impose a term of imprisonment and must also impose either a specified minimum non-parole period or a specified minimum head sentence, unless there are special reasons for not doing so. SO WHAT CONSTITUTES A SPECIAL REASON? A special reason exists if: > the offender has given an undertaking to assist authorities; > the offender proves on the balance of probabilities that they have impaired mental functioning that was either causally linked to the offence or would make imprisonment more burdensome; > the court proposes to make either a court secure treatment order or residential treatment order; or > there are ‘substantial and compelling circumstances that are exceptional and rare. SO WHY WAS JAMES HEBERFIELD NOT GIVEN THE MINIMUM JAIL TERM? On 28 October 2018, the mandatory treatment and monitoring order became available for certain Category 1 offences against emergency workers. James Haberfield was given such order In Court, James Haberfield had to prove: he was impaired mental functioning at the time of the offence; the impaired mental functioning was causally linked to the commission of the offence; and his impaired mental functioning substantially and materially reduces their culpability. Magistrate Zebrowski would also had to have received a report from a psychiatrist or registered psychologist, and Magistrate Zebrowski would have to consider that a mandatory treatment and monitoring order would be appropriate in all the circumstances, which he did. We will stay tuned to see Parliament response, and whether the DPP will appeal the sentencing.

06.01.2022 https://www.prolawyers.com.au/

02.01.2022 County Court Judge Liz Gaynor telling it how it is.

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