ByLawyers News and Updates

NSW – Criminal – Proposed 2018 sentencing amendments

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The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017, the Crimes (High Risk Offenders) Amendment Act 2017 and the Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 are awaiting proclamation, but are expected to commence in May 2018. The cumulative effect of the amendments is a very significant overhaul of criminal procedure in the Local Court and of sentencing options in all courts, the likes of which has not occurred since the Crimes (Sentencing Procedure) Act 1999 was introduced.

These changes are likely to cause some disturbance and take a while to work themselves out. They may or may not achieve their objectives, but regardless the impact is potentially significant. The commentary will be updated when the legislation commences.

For a full summary of the proposed changes, see the heading “2018 proposed sentencing amendments” in the Criminal NSW commentary.

NSW – Driver licence disqualifications – major changes

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ALERT: The Road Transport Amendment (Driver Licence Disqualification) Act 2017 commenced on 28 October 2017. It reduces some penalties for various driver licencing offence (notably it removes the automatic disqualification for driving unlicensed), it repeals the Habitual Traffic Offender declaration provisions entirely, it removes/amends mandatory minimum disqualifications and it creates an application to the Local Court to remove licence disqualifications after certain offence-free periods.

It is suggested that the last of these will likely create new/increased  work for lawyers in the Local Court.

NSW – Conveyancing

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Sale & Purchase of Real Property commentary has been updated top include a table that allows users to easily discern the differences between the By Lawyers Sale of Land contract and the Law Society contract 2017.

1001 Conveyancing Answers has been updated to include reference to the By Lawyers contract and highlight the differences between it and the Law Society contract.

Key differences: The inclusion of warranties which remove the need for standard requisitions and special conditions, the facility for all communications including exchange to be electronic, and replaces claims with a right for the purchaser to either accept the detriment or rescind if the detriment, of whatever value, materially and adversely affects the property and the vendor is unwilling to rectify it.

Property – NSW

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Updated references  to 2017 version of Regulations.

Add the Fair Trading calculator for Retirement Villages.

VOI and client authorisation have been added to the To Do Lists.

New precedents have been added to the property publications including:

  • Conveyancing Rules exception;
  • Law Society – Commercial 2017;
  • Law Society – Strata commercial – 2017

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