Demerit Point Licence Suspension

Certain traffic offences carry demerit points such as disobeying traffic signs or other road rules, or driving a defective vehicle. Double demerits will apply to any speeding, seat belt, helmet or mobile phone offence if you are caught during a double demerit period. Your licence will be suspended if you exceed the number of demerit points allowed for your licence within a 3 year period. The demerit point limits are: Unrestricted licence – 13 points Professional driver – 14 points Provisional P2 licence – 7 points Provisional P1 licence – […]

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Landmark Compulsory Acquisition Case

Australians Love the classic movie “The Castle” for the quirky antics of the Kerrigan Family, and the timeless one liners… Lawyers love “The Castle” for the surprisingly accurate interpretation of Section 51(xxxi) of the Australian Constitution. Recently, the Supreme Court of New South Wales was asked to consider the right of the NSW Government to compulsorily acquire land held by a Developer in Roselle. The team at Duffy Elliott Lawyers reviewed the decision of the Court to see what grounds the Developer relied upon in their challenge, was it the […]

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A first home buyer Lawyer in Dubbo

Exciting News in the Pipeline for Prospective First Home Buyers

ATO Releases Draft Ruling on First Home Super Saver Scheme Since 1 July 2017 first home buyers have been eligible for stamp duty exemptions under the First Home Buyers Assistance Scheme. The First Home Buyers Assistance scheme provides eligible purchasers with exemptions on transfer duty on new and existing homes valued up to $650,000 and concessions on duty for new and existing homes valued between $650,000 and $800,000. Now, more good news might be on the way for First Home Buyers as the ATO has released a draft ruling providing […]

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make a will dubbo

When does the State get your Estate?

If I don’t make a Will, who inherits my estate? When someone passes away, the first step your lawyer should take is to check if there is a Will. Your lawyer will normally check the deceased’s paperwork, banks, NSW Trustee and Guardian, and all lawyers in the area. If no Will is found from those enquiries you can normally form the conclusion that the deceased died intestate – that is, without a Will. There is a common misconception that if you die without a Will, your estate will go to […]

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Weathervaning Developer's Crane

Injunction Granted to Stop Trespass by Developer’s Crane

A recent case in the Victorian Supreme Court discussed the extent of a landowner’s right to possession of airspace above their land. The Case The plaintiffs owned a property next to a development site on which there was a four storey apartment block being constructed by the developer. The construction work required the use of an overhead crane. When not in operation the ‘arm jib’, or arm of the crane, was overhanging the plaintiff’s property as it needed to “weathervane” by swinging freely in the wind. No building material was […]

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Mandatory Alcohol Interlock Program

In an effort to deter drink driving, since February 2015 any driver convicted of a serious or repeat drink driving offence must participate in the Mandatory Alcohol Interlock Program (unless an exemption applies such as medical reasons). An Interlock device is an electronic breath test installed in your car, motorcycle or heavy vehicle to monitor alcohol levels. It is linked to the ignition of the vehicle and will only start if no alcohol is detected on your breath. If installed, random breath tests will also be required throughout the duration […]

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Christmas Closure

Duffy Elliott Lawyers will be closed from 1pm, Friday 22 December 2017 and will reopen at 8.30am, Monday 8 January 2018. The Directors and Staff wish you a Happy Christmas and a Prosperous New Year.

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Share your family law experience

  In May 2017 the Federal Government announced its intention to conduct a review of the family law system. The Australian Law Reform Commission released the terms of the review in September 2017. The Commission have now set up a confidential website where you can share your experience with the family law system. They are looking to hear from people who have been involved with the family law system, particularly in the last five years, to find out what helped you and your family or what aspects of the family […]

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Changes for Learner, P1 and P2 Drivers

  From Monday 20 November 2017, a number of changes to how you can obtain your licence will commence. Learner drivers will have to pass the Hazard Perception Test (‘HPT’) before they can attempt the driving test. If you wait more than 15 months without passing the driving test, you will have to complete the HPT again. Drivers will no longer be required to pass the Hazard Perception Test to obtain their P2 Licence. The only requirement is to hold your P1 licence for at least 12 months. There will […]

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