SCB Legal in Penrith, New South Wales | Criminal lawyer

SCB Legal

Locality: Penrith, New South Wales

Phone: +61 2 4722 2050

Address: Suites 1 & 2, 286 High Street 2750 Penrith, NSW, Australia

Website: http://scblegal.com.au

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25.01.2022 The current COVID-19 pandemic has resulted in strife for many, with the justice system having to find a difficult balance between plaintiffs difficulties due to the virus, and the ordinary dealings of matters such as those discussed in the article. Yuri and Olga Wallis, aged 75 and 80, unsuccessfully appealed a verdict by the NSW Supreme Court which allowed their daughter to evict them from a Pennant Hills residence. The couple argued that as individuals with deteriorating h...ealth, their susceptibility to the virus was greater than most. However, the primary judge argued the mere invocation of emergency should not result in a suspension of all critical thinking and judgement, and allowed for the eviction on the basis of there still being grounds for eviction irrespective of current events. #FamilyIssues #SupremeCourtOfNSW #PenrithLitigationLawyers #Eviction #ResidentialTenancy #Covid19 #CaringSolicitorsPenrith #ProtectingYourRights

24.01.2022 SCB Legal, Supporting the local Penrith football team (JRLC). #JRLC #SCBLegal #BrothersJRLC #Sponsorship #DefendingYourRights #CaringSolicitorsPenrith #Panthers #NRL #PenrithPanthers #Tamou

23.01.2022 The controversial strip searches occurring between 2015 and 2019 of five minors by police officers, after being referred to Law Enforcement Conduct Commission, has found the searches to have been unlawful. These searches included officers ordering minors to remove clothing, as well as move genitalia to determine if there were any illicit substances being held. The commission found the officers conduct to be unlawful on multiple counts. Namely, the lack of contacting a paren...t or guardian, in some instances not having reasonable grounds for suspicion to perform a search, or introduce themselves or administer a caution. Regardless, the LECC did not find serious misconduct by the officers present. Is it reasonable to claim that the unlawful acts of asking minors to strip and show their genitalia, not be deemed as serious misconduct from those members of the community thereby attempting to uphold the law? #AbuseOfPolicePowers #PenrithCriminalLawyers #LEPRA #PolicePowers #LECC #LawEnforcementConductCommission #DefendingYourRights #StripSearchOfMinors #UnlawfulSearch #SCBLegal #CaringSolicitorsPenrith

23.01.2022 A push in South Australia to expand the power of health authorities to detain and quarantine individuals has been enacted in response to the continuing problematic spread of the COVID-19 virus or Coronavirus. The proposed amendments would make it easier for police to be summoned to enforce detainment of individuals. Allowing for a more timely response to health risks is crucial in ensuring the safety of the Australian community. The creation and application of such a law coul...d provide health workers with the edge needed to contain or at slow the spread of the virus in South Australia. Is such an impingement on Civil Rights justified? #CoronaVirus #ImpingementOnCivilRights #DetainmentOfInfectedPersons #DetainmentJustified? #ProtectingYourRights #SCBLegal #CaringSolicitorsPenrith

23.01.2022 Data protection and privacy has been a conversation that many Australians are beginning to have in relation to health information during the times of COVID-19. The article provided discusses how APP (Australian Privacy Principle) entities, though regulated by the Privacy Act 1988 (Cth), may disclose private information on the basis of two exceptions: It is unreasonable or impractical to obtain the individuals consent to that collection, use or disclosure; and the APP e...ntity reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety. Determining reasonability for both exceptions is clarified in the 2020 APP Guidelines, but are such exceptions sufficiently written to retain a robust standard of privacy for employees? #PrivacyLaws #PrivacyForEmoyees #EmploymentLawyersPenrith #Covid19 #CovidPandemic #StopTheSpread #ProtectingYourRights #SCBLegal

23.01.2022 Consumer law and business compliance is an issue of mounting concern in the time of the COVID-19 pandemic, with the issues of pricing, being at the forefront of this debate. With shortages of a range of essential goods and services the Federal Government has issued a direction under biosecurity legislation that prohibits price gouging, or the reselling of goods greater than 20% margin. However, the ACCC has also stated that there is nothing unlawful about high prices, even if... they seem unfair in times of crisis. Yet, there is a possibility for the Federal Government to trigger price monitoring and restrictions under the Competition and Consumer Act 2010 (Cth), which may require businesses to seek approval in increasing of their prices. #ConsumerLaw #ACL #ACCC #PriceIncrease #CaringSolicitorsPenrith #PriceMonitoring #Covid19 #CovidPandemic #ProtectingYourRights #SCBLegal #FederalGovernment

22.01.2022 To engage with another legal practitioner in robust competition is part of the raison detre of the legal profession.... However, to mislead another legal practitioner is dishonourable and disgraceful that I am satisfied that legal practitioners of good repute and competency would agree with me. This powerful statement by a Victorian tribunal reflects the important values that underpins the entire legal system, the fair administration of justice through the professional con...duct of lawyers. This however was not the case in the instance of Legal director Andrew Bell, who was found to have willingly misinformed creditors and duped a solicitor. Is his suspension from practicing law for 12 months a sufficient penalty for his deliberate misconduct? #ProfessionalMisconduct #SolicitorMisconduct #SuspensionFromPractising #ProtectingYourRights #PenrithReputableLawyers #SCBLegal #CaringSolicitorsPenrith

21.01.2022 This article discusses the underlying and important principles of contracts that should be recognised by all when entering into one. Contracts as a body of law remains very detailed and intricate, with individuals sometimes not understanding the broader context that contracts may need to be interpreted in when a dispute arises. The balance of power in a contract is determined by the language within the contract and the actions of the two parties in both its formulation and operation. Ensuring that a contract is tightly construed, clear and conscionable is of utmost importance. #ContractLaw #PenrithContractLawyers #BreachOfContract #PowerImbalance #UnconscionableConduct #ProtectingYourRights #ConsumerVersusCompany #CaringSolicitorsPenrith #SCBLegal

20.01.2022 In a four week period between March and April 2020, a concerning rate of increased urgent applications has occurred, with 39 and 23 percent increases in the Family Court and Federal Circuit Court respectively. The cases predominately are matters of parenting related and domestic violence disputes. The courts are attempting to deal with the cases as rapidly as possible, with urgent applications to be heard electronically to streamline the process. Such measures highlight the c...onsideration and respect the courts have for all members in the community at this time, especially those who are struggling the most. #PenrithFamilyLawyers #UrgentFamilyLawApplications #DomesticViolence #CaringSolicitorsPenrith #ParentingCases #ProtectingYourRights #Covid19 #OnlineCourt #SCBLegal

18.01.2022 The Federal Court has handed down a landmark ruling in the class action case against the Commonwealth Government, brought forward by key players in the live export market. The 2011 ban of live exports imposed by former agriculture minister, Joe Ludwig, has been considered to be misfeasance, with Justice Rares calling the ban order capricious and unreasonable. The cattle farmers shall be entitled to damages from the Commonwealth. This case highlights the balance that lawma...kers must make between protecting industry and responding to community concerns. The trade-off between prosperity and what many consider to be serious animal cruelty is something that remains to be reflected upon, irrespective of the legal and monetary consequences of this decision. What are your views on this controversial topic? #AnimalCruelty #FederalCourt #JusticeRares #CaringSolicitorsPenrith #CattleFarmers #LiveExports #ProtectingYourRights #SCBLegal

17.01.2022 Our wonderful clients sold their house!!!! It was only on the market for around 1 day! What a seamless transaction :) #ConveyancingLawyersPenrith #SaleOfProperty #SCBLegal #CaringSolicitorsPenrith

16.01.2022 With the increased use of personal data for corporate means, the Australian government is attempting to roll out a CDR, or consumer data right, regime that is attempting to give consumers greater power and information in regards to the use of their data. Currently the policy is to only operate in the banking sector but is expected to broaden its field over the coming years. The regime is effectively a means of providing transparency on the operations of businesses who use thi...s data. The policy mentions that there is a distinction between required data and voluntary data, in which the data holder only has to reveal the required data to the consumer. Should there be such a limitation, or does the consumer have the right to know how all of their data is being processed? #ConsumerLaw #ACL #ProtectingYourRights #AustralianConsumerLaw #ConsumerDataRight #CaringSolicitorsPenrith #SCBLegal

16.01.2022 With time running out on the Berejiklian Governments 60 day halt on all evictions due to arrears in the time of COVID-19, there has been mounting concern in the rental community that the current legal framework for renegotiation of rental agreements is seriously imbalanced. The article discusses the responses by the recently formed Housing Defense Coalition Sydney, who are seeking justice for vulnerable tenants. The current concern arises under the fact that for the next ...six months after the 60 day stop, landlords may evict after showing attempts to negotiate an agreement with their tenants. The concern with this is whether new negotiated rental agreements would be too easily manipulated by landlords, with many tenants being unemployed and with minimal financial power. Unfortunately, unlike commercial leases, there is no Memorandum governing residential tenancies, to ensure that the landlord reduces/waives the rent proportionate to the tenants financial circumstances. Is there a need for Government to introduce a Memorandum to ensure the vulnerable are not evicted? #ResidentialTenancies #Covid19Pandemic #Unemployment #CaringSolicitorsPenrith #CommercialLeases #Memorandum #ProtectingYourRights #PowerImbalance #Eviction #NCAT #SCBLegal

15.01.2022 Minister Peter Dutton has introduced a bill into parliament, which would grant ASIO powers to interrogate teenagers as young as 14 in relation to terrorist activity. It would give ASIO members an ability to put tracking devices in a persons bag or car without requiring any form of outside approval. The explanatory memorandum of the bill discusses the increased threats posed by minors in the current age, and justifies the controversial bill on the basis of youth indoctrinat...ion resulting in potential terrorist attacks. With little evidence of any prior youth terrorist activity in Australia, and little understanding of the extent to which surveillance may be implemented, does such a policy seem justified? #ASIOPowers #TerroristActivity #PenrithCriminalLawyers #MinisterPeterDutton #DefendingYourRights #CaringSolicitorsPenrith #SCBLegal

13.01.2022 Rates of dissent within the Australian High Court are at an all time high, with rates of unanimity at their lowest since 2012. What was also interesting was the unprecedented rates of participation of all seven Justices within the decision of legal matters; the typical process being the allocation of five judges for the majority of cases. It is difficult to determine what such changes reflect within the broader legal context. While a diverse range of opinions and subsequently... possible dissents is a crucial aspect of reflection and debate within the nations highest court, could such statistics be reflective of there being not enough cohesion within the overarching bodies of law to allow for such diverse interpretations and decisions by judges? #HighCourtOfAustralia #PenrithAppealLawyers #UnanimityOfJudges #SevenJustices #CaringSolicitorsPenrith #SCBLegal

13.01.2022 While many law students are enthusiastic to experience a real life court case, and attempt to hold organizations accountable for their potentially grievous actions, in some cases this may be done a little too enthusiastically. A NSW law student has attempted to sue his universitys admission board for a sum of $64,667 on his belief that it was unjust not to allow him to take his law courses in the order he wanted to. Citing over 60 cases, texts and articles, and covering eve...rything from administrative to contract law, the student filed a motion with the NSW Supreme Court, even after the Legal Profession Admission board offered to hear an appeal for his previously failed subjects. The court rejected all of his motions, and he was ordered to pay the LPABs costs. #LPAB #ProfessionalMisconductLaw #LawSocietyOfNSW #LawStudent #CaringSolicitorsPenrith #LegalProfessionAdmissionBoard #UniversityAdmissionBoard #SupremeCourtOfNSW #ProtectingYourRights #SCBLegal

13.01.2022 The executive branch of government exercises and maintains the laws of the Constitution. Under such power, comes the ability to legislate on matters relating to national emergency and in times of crisis, as per Pape v Commissioner of Taxation. Consequently, the senate has unanimously agreed to hold an inquiry into executive laws in the time of COVID-19. It remains crucial that the executive is held accountable to its power, which is regulated by both parliament and the court system. With a 2019 committee finding 20% of all executive laws passed being exempt from parliamentary scrutiny, should there be a concern of executive power overstepping its boundaries? #Covid19 #CovidPandemic #ExecutivePowers #BranchesOfGovernment #CaringSolicitorsPenrith #NationalEmergency #SenateInquiry #ProtectingYourRights #SCBLegal #StopTheSpread

12.01.2022 With the current pandemic affecting all aspects of society, discussions around the assessment of prisoners eligibility to return to the community has also been considered in a new lens. In Queensland, the Parole Board President, Michael Byrne, has discussed the prioritisation of parole applications to vulnerable prisoners. While Byrne maintains that ensuring the safety of the community is of utmost importance in granting a parole order, the entrance of this factor into the c...riteria is an important reflection of how the current climate affects criminal procedure. Is this a worthy consideration when potentially freeing a prisoner? #EarlyRelease #Parole #SPA #PenrithCriminalLawyers #Covid19 #Pandemic #LowLevelOffences #CaringSolicitorsPenrith #JusticeSeenToBeDone #PrisonOvercrowding #StopTheSpread #SCBLegal #ProtectingYourRights

12.01.2022 What a disgrace! The Government voted down the motion to hang the ATSI flags inside the Senate next to the Australian flag. The Government said that the it is only appropriate to fly the National Flag. This is our land, our country and we were here before invasion. How on earth could it not be appropriate to fly any other flag!?!? We keep getting fooled by the Government; they apologise, they give some assistance and make some recognitions BUT in the end it’s all just a s...how to make themselves look good. The reality is that they will never fully recognise that we are the owners of the land and that we lived here peacefully without issue before we were invaded. To deny us the right to hang our flag in the Senate, is absolutely disgraceful. During NAIDOC week, our flag will be hung outside but not inside. Just another perfect example or is ATSI people being outsiders who can never seem to make our way in fully. Senator McCarthy tweeted, The Aboriginal and Torres Strait Islander Flags are national flags of Australia, recognised since 1995 under the Flags Act 1953. All three flags are flying outside Parliament House during NAIDOC Week, yet not inside the two houses of Parliament. #shame #auspol with Senator Thorpe tweeting The 3 Black Senators respectfully request for the Aboriginal flag to be flown in the spirit of Naidoc week and the colonial oppression reared it’s ugly violent head. Senator Thorpe said the Aboriginal flag represents the oldest continuing living culture in the world. The Aboriginal flag is what we identify with, what we connect with, just as you connect with the colonial flag that you love, she said. We need to stand together and fight for justice! #auspol #auspolitics #naidoc #naidocweek2020 #shame #blacklivesmatter #justiceforall #justiceforallblacklives #blackflag #fightforyourrights #defendingyourrights #scblegal #malarndirrimccarthy #lidiathorpe #haveyoursay #firstnations #aboriginallawfirm #aboriginallawyer #aboriginallegalfirm #caringpenrithlawyers #caringsolicitorspenrith #dedicatedpenrithsolicitors #proudlyaboriginal

11.01.2022 It has been statistically identified and historically proven that Indigenous Australians remain at an unequal status to Non-Indigenous Australians in the eyes of the law. This occurs at all levels of justice, from arrests to incarceration rates. With the ongoing tensions in the United States, it is crucial for Australians to recognise our own struggles with blatant injustices that have been perpetrated against Indigenous Australians for decades. This article discusses a range... of ways in which you can assist in helping Indigenous Australians; from donations to involvement in protests, and importantly education. Insight and reflection provide the basis for not only social change, but political and legal change as well. #AboriginalLawyer #PenrithCriminalLawyers #PrisonOverpopulation #RacistPolicing #PoliceTargeting #ProtectingYourRights #AboriginalLawFirm #SocialJustice #BlackRights #CaringSolicitorsPenrith #BlackLivesMatter #SCBLegal

11.01.2022 With Australia slowly beginning to recover from the current COVID-19 crisis, lawmakers must respond to the event to ensure a strong legal framework for inevitable future emergencies. However, many professionals are concerned that the current legal framework under the Environmental Protection and Biodiversity Conservation Act (1999) does not deal with modern day societal and environmental problems. The Act it is alleged, does not recognise the concerns of climate change, biodi...versity loss and human health, all of which its short title would suggest should be covered. With habitat decimation, the second highest rate of biodiversity loss in the world and little to no climate policy, should The Act be reviewed? #Biodiversity #HabitatDecimation #EnvironmentalProtecting #ProtectingYourRights #CovidPandemic #CaringSolicitorsPenrith #StopTheSpread #SCBLegal

11.01.2022 Very rarely is the matter of secret-trials discussed or disclosed by the courts; however, recent concerns by the Law Council of Australia have re-ignited the discussion around the use of the National Security Information Act, in regards to the handling of the defamation case by veteran, Ben Roberts Smith. The powers have been used in the past to hide criminal proceedings from the public, including in the case against military officer Witness J, who was charged, tried and im...prisoned in secret. Save for extreme circumstances, the Councils President, Pauline Wright, believes it is a fundamental rule that justice be taken place in open court. Should this be the case? #LawCouncilOfAustralia #SecrecyLaws #PenrithCriminalLawyers #NationalSecurityAct #OpenCourt #CaringSolicitorsPenrith #JusticeSeenToBeDone #BenRobertsSmith #SCBLegal #DefendingYourRights

11.01.2022 Workers compensation claims for essential workers shall be given new levels of protection with the Legislation Amendment (Emergency Measures- Miscellaneous) Bill 2020 [NSW] passing both houses of Parliament. The amendments give essential workers an ability to claim without requiring them to prove where they contracted COVID 19, which decreases the pressure for said workers to show the catching of the virus was work-related. The amendments shall provide medical assistance ...and wage cover for workers who are unable to work as a result of COVID-19, and could cover hundreds of thousands of workers across the state. Is this a necessary measure? #Covid19 #WorkersCompensationClaim #PenrithPersonalInjuryLawyers #CovidPandemic #StopTheSpread #ProtectingYourRights #CaringSolicitorsPenrith

11.01.2022 With a brief hiatus out of the public eye, the High Court over the 11th and 12th of March have been deciding whether to grant Cardinal George Pell special leave to appeal his sexual abuse charges. Pells legal team and the Director of Public Prosecutions shall have four hours to make their case of granting or refusing leave to the disgraced cardinal, which shall have massive flow on effects for survivors of sexual abuse around Australia. Do you believe leave for appeal shall be granted, or justified under the argument of miscarriage of justice by the jury at his trial? #GuiltyOrNotGuilty #HighCourtOfAustralia #PenrithCriminalLawyers #SexualAbuseSurvivors #DefendingYourRights #HighCourtAppeal #CaringSolicitorsPenrith #AppealToBeGranted? #CardinalGeorgePell #GeorgePell #SCBLegal

09.01.2022 National Childrens Commissioner, Megan Mitchell, at a recent parliamentary inquiry has initiated a push for greater power for children in Family Court hearings to be able to disclose evidence, with the status quo leaving many children uncomfortable or unable to testify. Ms Mitchell wants there to be a legal requirement for children to be offered the opportunity to give evidence; at the moment it is up to the judges discretion to whether a child may do so. This is an opportu...nity for greater communication between the most vulnerable individuals within such cases, to hear their stories and act in their interests. Could this however, cause more trauma to the child/ren taking into account the distress caused by reliving the events and the pressure from cross examination? #ChildPower #GivingChildrenAVoice #PenrithFamilyLawyers #ChildEvidence #EvidenceLaw #FamilyCourtOfAustralia #ProtectingYourRights #ParentalConflict #CaringSolicitorsPenrith

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09.01.2022 Department of Home Affairs Minister, Peter Duttons desire to deport convicted murderer Mark Basa has been denied by the Federal Court. The deportation is to be set aside on the basis of Mr Basas likely death if he were to be returned to Papua New Guinea, having spent 12 years in Australian prisons after committing murder at 16 years of age. The threat of imminent harm by death from a chronic pancreatic conditions or by gang violence if he were to be sent to PNG was suffici...ent to satisfy his remaining in Australia. Justice Griffiths ruled the Minister failed to carry out the required statutory task by failing to engage in an active, intellectual way with the submissions and the evidence provided by the applicant in relation to the risk of harm that he faced if returned to his country of origin. Even the victims mum supports Mark staying in Australia. #PNG #PenrithCriminalLawyers #Deportation #CharacterTest #ConvictedMurderer #MarkBasa #DefendingYourRights #ZaneMcCready #Murder #MaximumPenalty #CaringSolicitorsPenrith #FederalCourt #Appeal #ProtectionVisa #SCBLegal

09.01.2022 The Victorian Supreme Court has ruled that the government has breached its duty of care of an at-risk prisoner in the times of the coronavirus. It was argued successfully that the government breached its duty to safeguard the health of its imprisoned persons, on the basis of the rampant overcrowding and poor hygiene in prisons. Many prisons, including that of Port Philip discussed in the case, have not undergone risk assessments for COVID-19 maintenance, and testing is very m...inimal. It seems only fair that the standard of care for all individuals in Australia is equal. Has the state government done enough? #Covid19 #PrisonerRights #FightingForYou #DutyOfCare #BreachOfDuty #PenrithCriminalLawyers #StopTheSpread #PersonalInjuryLaw #ProtectingYourRights #CaringSolicitorsPenrith #SCBLegal

09.01.2022 New measures are being considered to release our inmates early due to the risk of speaking the Coronavirus and risking lives. In the attached link, Natsilss chair, Cheryl Axelby. has said: We are calling for immediate early release, particularly of people who are on remand, women who are victims of family violence and sentenced for lesser offences like fines and public order offences, young people and those most at risk of transmitting Covid-19, like elderly and people with... health conditions. At all costs, we must prevent any Aboriginal deaths in custody from Covid-19,. Globally, governments are using early release to contain the virus, she said. Ireland was planning to release prisoners with less than 12 months to serve, as were some US and UK jurisdictions. The Chief Magistrate has also said that we can now list bail applications for those in custody given all hearings are being vacated. If you have a loved one in custody, enquire now about how we can help you. #Covid19 #Coronavirus #PenrithCriminalLawyers #EarlyReleaseOfPrisoners #ProtectingYourRights #BailApplication #ReleaseApplication #BailActNSW #CaringSolicitorsPenrith #CriminalLaw #LocalCourt #DistrictCourt #SupremeCourt

08.01.2022 Gregoires article discusses the concern that police powers created by the Public Health Order 2020 (NSW) could potentially remain as a more permanent fixture of legal force in a similar manner to that found in terrorism laws after the passing of the 2002 Terrorism (Police Powers) Act. In a similar manner to the continuous extension of certain aspects of terrorism law by the state government, so too could the enforcing of prohibitions of interactions with non-household member...s, and the ban on public outings be used in the future in subsequent instances of pandemics. Does it seem likely the state government shall maintain this policing policy for future crises? #Covid19 #PolicePowers #SocialDistancingLaws #CaringSolicitorsPenrith #AbuseOfPolicePowers? #TerrorismLaws #DefendingYourRights #SCBLegal

07.01.2022 A recent video showing a NSW police officer slamming an indigenous teen to the ground, by sweeping his leg as he did not resist arrest has sparked outrage online. With the massive wave of protesting against police brutality and the strong underpinning of racism within the American criminal justice system, arising from the death of George Floyd, it can be seen that Australia too has and continues to experience challenges in surmounting our own policing techniques and racist en...forcing of power. The officer in question, though now having been put on restricted duties, remains both on the force and capable of exercising police powers. How long shall Australian society be ignorant to the hardship faced by Indigenous Australians and be unwilling to reconcile and empower our First Peoples? #PoliceBrutality #PolicePowers #PenrithCriminalLawyers #AbuseOfPower #IndigenousAustralians #DefendingYourRights #GeorgeFloyd #FirstPeople #TerraNullius #SCBLegal #RacistPolicing #CaringSolicitorsPenrith #StopPoliceBrutality

07.01.2022 The New South Wales Supreme Court has made a ruling in regards to how the money raised by Australian comedian, Celeste Barber, may be spent by the Rural Fire Service. With the fundraiser having expanded from a small $30,000 goal to reaching its final amount of $51 million, concern arose in regards to the management of such a large amount of money. While many donators wanted the money to be directly given to the thousands of families whose homes were destroyed in the summer b...ushfires, the court ruled upon the limitations of the spending. This included spending on new equipment, as well as supporting the families of firefighters who were killed in the line of duty. Does this ruling seem fair? #CelesteBarber #RFS #ProtectingYourRights #MoneyRaised #SupremeCourt #FiftyOneMillion #FireEquipment #FamiliesAffected #CaringSolicitorsPenrith #BushfireCrisis #SCBLegal

06.01.2022 Happy 30th birthday to our principal solicitor, founder and owner of SCB Legal miss Sionea Breust. We hope you have a great day

05.01.2022 The Human Rights Law Centre is calling for South Australian COVID-19 emergency coordinators to remove legal barriers for women accessing abortions that are currently unable to access these services due to social distancing laws in the state. The current legal framework requires the abortion to take place in a hospital, with multiple doctors and residency in the state for two months. Adrianne Walters, the HRLC legal director, has asked for an ability for South Australian women... to access telehealth care in early medication abortions, which is currently unable to occur. Should women have to experience unnecessary exposure to the virus, especially those in rural communities who must travel, if such a simple system could be implemented? #AbortionLaws #Covid19Pandemic #SocialDistancing #CaringSolicitorsPenrith #LawReform #SALaws #ProtectingYourRights

05.01.2022 Department of Home Affairs Minister, Peter Dutton’s desire to deport convicted murderer Mark Basa has been denied by the Federal Court. The deportation is to be set aside on the basis of Mr Basa’s likely death if he were to be returned to Papua New Guinea, having spent 12 years in Australian prisons after committing murder at 16 years of age. The threat of imminent harm by death from a chronic pancreatic conditions or by gang violence if he were to be sent to PNG was suffici...ent to satisfy his remaining in Australia. Justice Griffiths ruled the Minister failed to carry out the required statutory task by failing to engage in an active, intellectual way with the submissions and the evidence provided by the applicant in relation to the risk of harm that he faced if returned to his country of origin. Even the victims mum supports Mark staying in Australia. #PNG #PenrithCriminalLawyers #Deportation #CharacterTest #ConvictedMurderer #MarkBasa #DefendingYourRights #ZaneMcCready #Murder #MaximumPenalty #CaringSolicitorsPenrith #FederalCourt #Appeal #ProtectionVisa #SCBLegal

04.01.2022 2012 Throwback. It was a pleasure working for and with Graham Turnbull SC, now District Court Judge. Such an amazing advocate! #LinMurder #PenrithCriminalLawyers #TrialByJury #GrahamTurnbullSC #DistrictCourt #DefendingYourRights #BailRefused #SupremeCourt #Murder #CaringSolicitorsPenrith #Advocate

03.01.2022 The truly exceptional case of Pell v The Queen recently came to an end that to some seemed wholly unsatisfactory, and to others a successful release of a man wrongfully accused. Irrespective of these personal views, what remains incredibly interesting and unexpected is the avenues by which the High Court unanimously justified the dismissal of the case. The Courts decision to overturn the verdict of the jury in a criminal trial is a monumental and extremely rare occurrence. T...his was done under the argument that the prosecution did not prove beyond reasonable doubt certain pieces of evidence brought forward to the court to be false, even in lieu of the truthful and reliable evidence the jury made their verdict off. Should such exceptional cases of jury error be allowed to be overturned by the courts, and who decides the exceptionality if so? #HightCourtOfAustralia #CardinalGeorgePell #PenrithCriminalLawyers #GuiltyOrNotGuilty #PellAcquitted #BeyondReasonableDoubt #DefendingYourRights #CaringSolicitorsPenrith

03.01.2022 Workers’ compensation claims for essential workers shall be given new levels of protection with the Legislation Amendment (Emergency Measures- Miscellaneous) Bill 2020 [NSW] passing both houses of Parliament. The amendments give essential workers an ability to claim without requiring them to prove where they contracted COVID 19, which decreases the pressure for said workers to show the catching of the virus was work-related. The amendments shall provide medical assistance ...and wage cover for workers who are unable to work as a result of COVID-19, and could cover hundreds of thousands of workers across the state. Is this a necessary measure? #Covid19 #WorkersCompensationClaim #PenrithPersonalInjuryLawyers #CovidPandemic #StopTheSpread #ProtectingYourRights #CaringSolicitorsPenrith

03.01.2022 With time running out on the Berejiklian Government’s 60 day halt on all evictions due to arrears in the time of COVID-19, there has been mounting concern in the rental community that the current legal framework for renegotiation of rental agreements is seriously imbalanced. The article discusses the responses by the recently formed Housing Defense Coalition Sydney, who are seeking justice for vulnerable tenants. The current concern arises under the fact that for the next ...six months after the 60 day stop, landlords may evict after showing attempts to negotiate an agreement with their tenants. The concern with this is whether new negotiated rental agreements would be too easily manipulated by landlords, with many tenants being unemployed and with minimal financial power. Unfortunately, unlike commercial leases, there is no Memorandum governing residential tenancies, to ensure that the landlord reduces/waives the rent proportionate to the tenants financial circumstances. Is there a need for Government to introduce a Memorandum to ensure the vulnerable are not evicted? #ResidentialTenancies #Covid19Pandemic #Unemployment #CaringSolicitorsPenrith #CommercialLeases #Memorandum #ProtectingYourRights #PowerImbalance #Eviction #NCAT #SCBLegal

02.01.2022 Lawyers endure through incredibly grueling working hours, with time pressures frequently being overshadowed by the insidious problem of vicarious trauma. Dealing with traumatic events of clients for extended periods of time and upholding the necessary level of professionalism owed to clients is a difficult balance to maintain, especially for an extended period of time. Nobody is immune to such struggles and suffering; consequently having good mental health in the field is of utmost importance. The taboo of vicarious trauma still exists within law, yet is a real issue that many lawyers face in their day-to-day jobs. #MentalHealth #MentalIllnessIsOkay #AreYouOkay #CaringSolicitorsPenrith #ProtectingYourRights #GoodMentalHealth #YourLocalProfessionalLawyers #SCBLegal

02.01.2022 We are currently working from home. We are able to attend the office if necessary but are trying to limit the amount of face to face interactions. Id you have an urgent matter, please contact us on 47222050 or [email protected] We are still available via telephone and email.

02.01.2022 The Royal Commission into Institutional Responses to Child Abuse has spurred a range of new policies and legislative changes. A recent piece of legislation within some states of Australia shall allow jurors to hear of the prior convictions by a sex offender in child abuse trials. Such a change allows for the prosecution to show the jury whether a sex offender has a tendency to act and has the propensity for particular behaviour. Such a reform allows for a much more powerful a...nd convincing case in instances of child abuse, by allowing the jury to see within the trial a more detailed picture of the accused. Is there a need for these changes when we already have laws in place that allow tendency evidence to be adduced i.e. the defendants prior sexual conduct can be admitted into evidence to show they have a tendency to act in particular way. How does this fit with the principles of innocence until proven guilty? #TendencyEvidence #LawReform #ChildSexualAbuse #EvidenceLaw #PenrithCriminalLawyers #PriorConvictions #InnocentUntilProvenGuilty? #DefendingYourRights #CaringSolicitorsPenrith #SCBLegal