Do I have the right to silence?

The right to silence after being cautioned by the Police is a fundamental right enjoyed in Australia. If the Police caution you in a recorded interview or in any situation, you do not have to answer any further questions that the police put to you. What is the “right to silence”? The right to silence…


Impact of the Qantas HCA decision

High Court Reinforces Rights for Employees Intending to Exercise a Workplace Right Why is employment law so complex? And why do I need a lawyer? By its very nature employing workers is a legal minefield. There is masses of red tape and legislation to navigate to not only protect workers but to protect the business…


COVID-19 Penalty Notice FAQ’s

What happens when you are issued a COVID-19 infringement notice? When you are issued an infringement notice by the Police or any institution that is authorised to issue notices, Revenue NSW takes over the enforcement and recovery of the fines. What are my options when I am issued an infringement notice? The options to deal…


What’s New With Section 32?

The way the NSW court system deals with those found to have mental health or cognitive impairment issues has changed. The reforms aim to keep the community safe and take the victim’s needs into account while dealing with the mental health of the offender. The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 came…


What Shows Up On A Police Check?

What is a National Police Check? National Police Checks, commonly known as a Criminal Record Check, is a search of a person’s criminal history to make an informed decision on an individual. They may be used to make decisions in many different situations including: recruitment and job applications volunteer and not for profit positions working…


Fourtree Lawyers Opens Newcastle office

From an acorn of an idea six years ago, Central Coast’s Fourtree Lawyers has proved true the old adage – from small things, big things grow. And to top it off, the firm celebrated the official opening of its Hunter Street, Newcastle office on November 6 2020. Opened late last year, Covid-19 delayed the much-anticipated…


COVID-19 & the NSW Courts

District Court of New South Wales COVID-19 Update 29 July 2021 The temporary suspension of new jury trials in the following Courts will continue until 28 August 2021: The Downing Centre John Maddison Tower Campbelltown Gosford Katoomba Parramatta Penrith Wollongong Prioritising hearings – bringing criminal matters forward where the defendant is in custody Practitioners are…


COVID-19 & Parenting Orders

Parenting Orders and the impact of COVID-19 As with almost all aspects of our daily lives, COVID-19 has created unique challenges for parents and children. The Family and Federal Circuit Courts are acutely aware of these challenges and have issued guidelines to assist parents to navigate their Parenting Orders whilst impacted by COVID-19. On 26…


NSW Police Powers – What Are My Rights?

Dealing with Police can be an extremely intimidating experience. While the Police have a lot of powers set out under legislation to help them carry out their work you also have rights that are designed to protect you. If the Police contact me, what should I do? Police can ask you to attend a Police…


Going to Court – What to Do, Say & Wear

Going to Court can be a very stressful experience. Most people are quite confused about what is expected of them and what will happen on the day. Fourtree Lawyers have put together a list of some everyday court etiquette to help you get through your day in Court. Dress neatly like you would for an…


DUI. Breath Test or Blood Test – Can you choose?

Breath Test v Blood Test Drink driving one of most common offences to come before the Courts on the Central Coast & the Newcastle regions. If you have been caught drink driving you may have undergone both a breath test and a blood test to determine your blood alcohol concentration. So, what happens if those…