obiter | ByLawyers News and Updates

Drink and drug driving – NSW

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There is a new category of traffic offence in NSW of combined drink and drug driving. The Road Transport Legislation Amendment (Drink and Drug Driving Offences) Act 2021 commenced on 28 June 2021.

It has long been an offence for a person to drive with drugs in their oral fluid, blood or urine. Likewise, the offence of driving with the prescribed concentration of alcohol in the breath or bloodstream. The new category of offences relates to driving with the presence of both a prescribed illicit drug in a person’s oral fluid, blood or urine and the prescribed concentration of alcohol in a person’s breath or blood.

Note that a person cannot, in relation to the same conduct, be convicted of both an existing offence of either drink or drug driving and also the new combined offence. However, a person can still be convicted of drink or drug driving where the combined offence is not proven.

The commentary in the By Lawyers NSW Traffic offences guide has been updated accordingly. New precedents have also been added to the Library of initial letters to the client as follows:

  • Initial letter to client – Alcohol and drug driving middle range – First offence
  • Initial letter to client – Alcohol and drug driving middle range – Second offence
  • Initial letter to client – Alcohol and drug driving high range – First offence
  • Initial letter to client – Alcohol and drug driving high range – Second offence
  • Initial letter to client – Second offence of combined alcohol and drug offence

Like all of the initial letters to client in the By Lawyers criminal law guides, these new precedent letters set out the penalties and sentencing options for the new offences of combined drink driving and drug driving. These letters make it easy for practitioners to quickly and accurately confirm their advice on penalties to clients charged with traffic offences at the point of engagement.

There are also relevant amendments to the Retainer instructions – Traffic offences.

Jurisdiction of Small Claims Division increased – NSW

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An amendment to section 29(1)(b) of the Local Court Act sees the jurisdiction of the Small Claims Division increased from 28 February 2019.

The jurisdictional limit of the Local Court when sitting in its Small Claims Division will now be $20,000 as of 28 February.

Previously the jurisdictional limit was $10,000. The amendment does not apply to proceedings instituted in the Court before 28 February 2019.

This increase was legislated under the Justice Legislation Amendment Act (No 3) 2018 No 87 with commencement upon proclamation. The Governor of NSW made the proclamation on 13 February 2019.

The By Lawyers Local Court Civil publication has been updated accordingly.

Courts and tribunals – 1 July fee increases and legislation updates

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1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

Local Court Civil NSW

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NOVEMBER
  • Brand new guide added- ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
  • Updated commentaries with respect to amendments to Local Court Practice Note No. 1 of 2015.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.

 

Criminal (Local Court) NSW

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Criminal (Local Court)

OCTOBER
  • Costs Agreements – Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
  • Apprehended Violence Order
    • New commentary on applying for an AVO through the Local Court.
    • Example wording for application for APVO – new precedent providing example wording to support an application for an APVO.
JUNE
  • ALERT – The Bail Amendment Act 2015 will amend the Bail Act 2013 to make further provision for bail decisions. It has received assent however commencement is yet to be proclaimed.
  • ALERT – Apprehended Violence Order Commentary- The Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 has received assent however commencement is yet to be proclaimed. It will give effect to the NSW component of a national recognition scheme for domestic violence orders.
MAY
  • Providing a character reference information sheet – name change and re-write to ensure clear information.
  • New precedent – Declaration for foreign resident capital gains withholding payment purposes.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY 
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

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