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…


COVID-19 & the NSW Courts

Due to the current COVID-19 pandemic, the NSW Local and District Courts have taken serious measures to reduce the spread of the virus. If you have a matter in the District or Local Court, it can be a worrying and confusing time. Update on COVID-19 & The Courts On 1 July 2020, The Chief Magistrate…


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…


Pokemon Go (To Jail)

Going to Court is not a game The Department of Justice NSW was compelled to issue a warning this week. The Pokemon Go phenomenon will not be welcome inside any Court House in NSW. Warning – The Department of Justice NSW In a light-hearted but none the less serious press release this week, The Department…


10 Tips For Going To Court

Going to Court can be a daunting experience. We have put together “10 Tips For Going To Court” to help you understand what you will need to do on the day of your court appearance. When going to court… Don’t be late. Most Courts start at 9.30am. You should aim to be there before the…


Is Centrelink fraud a crime?

What is Centrelink fraud? Centrelink fraud involves misleading Centrelink deliberately to receive payments you are not entitled to. Defrauding Social Security is regarded as a serious offence. Penalties for Centrelink fraud may include hefty fines, criminal charges and up to ten year’s imprisonment. If you have been charged with Centrelink fraud, you will need to…


What is an AVO?

An AVO application is one of the most common matters to come before a Magistrate in the Local Court. If you need legal assistance with an AVO matter please click here. What does AVO stand for? AVO stands for Apprehended Violence Order. This is an order made by a Court restricting the defendant from certain…


Should I give a witness statement?

If you have been asked by the police to make a statement as a witness, it is important to understand what the implications may be. What is a witness? A witness is a person who has information which may be useful in a case being heard in a Court. This information is called evidence. Giving…