The Security of Payments (NSW) publication has been reviewed.
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TAS – Probate Rules 2017 – Changes to practice and procedure
New Probate Rules 2017 have commenced:
– Circular No 14 of 2017 Probate Practice and Procedure includes transition periods, 2017 forms, changes to practice and procedure;
– Probate Rules 2017 – Fact Sheet – Supreme Court of Tasmania outlines new rules and forms – available on our matter plan.
Our author will review the publication following a period of implementation.
Domestic violence – Commentary added on national recognition of orders
Commentary added on national recognition of domestic violence orders scheme
NSW – Traffic offences – Application to remove driver licence disqualification added
Application to remove driver licence disqualification precedent has been added to the Traffic Offences matter plan as a result of the recent commencement of the Road Transport Amendment (Driver Licence Disqualification) Act 2017 which commenced on 28 October 2017.
QLD – QCAT Publication – Author updates
The commentary within the QCAT Publication has been reviewed by the author and various general amendments and improvements were made.
NSW – Land and Property Information (LPI) name change
From 1 December 2017 Land and Property Information (LPI) will be renamed Land Registry Services (LRS). Their logo, website domains and email address are changing. Full details available in this announcement from LPI.
VIC – Changes affecting how executors claim commission
The Victorian Legal Services Board has released a news update relating to the recent changes affecting how executors claim commission.
RPA News Bulletin #376 issued November 2017 may be accessed here.
NSW – Criminal – Proposed 2018 sentencing amendments
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.
The intent of the legislation is to (a) reduce the number of offenders in custody, by replacing largely unsupervised sentencing options with highly supervised ones and providing fixed discounts for early pleas; and (b) reduce the backlog of trials by speeding up the process, mandating case conferences and encouraging more early pleas of guilty. The likely overall intention is to have fewer and quicker trials and fewer people in gaol for breaches of bonds/orders.
The forthcoming amendments include:
- Intensive Correction Orders (already existing) – substantially augmented and strengthened.
- Community Correction Orders introduced – replaces bonds under s 9
- Community Release Orders introduced – replaces bonds under s 10(1)(b)
- New procedure in the Local Court following charge
- Paper Committals abolished
- Codified discounts for early pleas of guilty
- Simplified brief of evidence requirements
- Eligibility for the High Risk Offenders Scheme expanded
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 commentary heading “2018 proposed sentencing amendments” in the NSW Criminal Commentary.
NSW – Criminal – Proposed 2018 sentencing amendments
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.
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