ByLawyers News and Updates

New guide – Family Provision Claims – SA

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South Australian subscribers are invited to explore By Lawyers new publication, Family Provision Claims (SA).

This practical guide contains matter plans, commentaries and precedents for Acting for the Plaintiff and Acting for the Defendant.

Precedents in Acting for the Plaintiff guide include:

  • Retainer instructions;
  • Letter to client with initial advice;
  • Initial letter to estate or their solicitor;
  • Deed of settlement;
  • Deeds of family arrangement;
  • Brief to counsel;
  • Initiating application;
  • Affidavit in support;
  • Outline of submissions;
  • Example court book index;
  • Letter to plaintiff finalising the matter.

Precedents in Acting for the Defendant guide include:

  • Retainer instructions;
  • Letter to estate with initial advice;
  • Letter to claimant’s solicitor in response to their initial letter;
  • Letter reporting to estate on settlement;
  • Rule 315 affidavit of executor or administrator;
  • Defendant’s position paper for mediation;
  • Example formal offer;
  • Letter to defendant finalising the matter.

The commentaries in both Acting for the Plaintiff and Acting for the Defendant include:

  • Overview and time limits;
  • Managing the lawyer-client relationship and client identification;
  • Time and costs estimates;
  • Taking instructions and advising on the claim;
  • Assessing the merits of a claim;
  • When the court can make an order;
  • Assessing and calculating adequate provision;
  • Considering competing interests;
  • When to negotiate and tips for effective negotiation;
  • Mediation;
  • Commencing the claim
  • The first directions hearing date;
  • Costs and the supervisory approach taken by the court to costs;
  • The procedure following an order.

The By Lawyers South Australian Family Provision Claims publication is a comprehensive and practical resource for practitioners who are advising and representing either claimants or estates.

New publication – Traffic Offences – Magistrates Court WA

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We are very pleased to announce the release of another comprehensive step-by-step guide for Western Australian practitioners, being Traffic Offences WA.

This publication covers all aspects of practice and procedure when acting for the defendant in proceedings involving traffic offences in the Magistrates Court.

The guide assists practitioners with all aspects of representing clients in traffic matters, from providing advice in relation to infringement notices, to going to court.  The commentary is practical and easy to understand, with numerous helpful precedents and all current Magistrates Court forms included.

Key content includes:

  • Law and procedure relating to licence offences and alcohol & drug offences with an appendix for each category summarising the fine and any disqualification period or gaol term for most common offences. Retainer instructions are included on the matter plan.
  • Extensive library of initial letters to client for all BAC and drug driving offences explaining in simple terms the offence, the fine amount and any likely disqualification period or gaol term.
  • Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. An instruction sheet for guilty pleas is also included on the matter plan.
  • Rehabilitation and specific program options are discussed, including the alcohol interlock scheme.
  • Client mental health considerations, with a letter of instruction to a psychiatrist or psychologist.
  • Example written submissions on sentence.
  • Information on appeal rights and time limits.

This guide is an invaluable resource for all practitioners who conduct traffic offence matters in the Magistrates Court, including those with limited experience in this area, or those supervising younger lawyers.

New Publication – Criminal Magistrates Court SA

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We are very pleased to announce the release of another comprehensive step-by-step guide for South Australian practitioners, being Criminal Magistrates Court SA

This publication covers all aspects of criminal practice and procedure, for both summary and indictable offences, when acting for the defendant in criminal proceedings in the Magistrates Court.

The guide assists practitioners with all aspects of conducting a criminal matter from arrest and bail, or a first appointment in the office, through to hearing and/or sentencing, including avenues of appeal and possible costs applications. The commentary is practical and easy to understand, with numerous helpful precedents and all current Magistrates Court forms included.

Key content includes:

  • Law and procedures relating to arrest and bail, including the right to silence, the record of interview and practical tips for lawyers attending at the police station. Retainer instructions, including for a bail application, are included on the matter plan.
  • Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. Precedent letters to the Crown are included on the matter plan for this purpose, as well as an instruction sheet for a plea and mitigation.
  • Procedures involved when attending court for both summary and indictable matters, obtaining pre-sentence reports and conducting the plea.
  • Preparing for hearing when a plea of not guilty has been entered.
  • Sentencing options in the Magistrates Court.
  • Client mental health considerations, with a letter of instruction to a psychiatrist or psychologist.
  • Example written submissions on sentence are included on the matter plan.
  • Information on appeal rights and time limits.

This guide is a valuable resource for all practitioners who conduct criminal matters in the Magistrates Court, especially those with limited experience in criminal work, or those supervising younger lawyers.

ACT – Estates – New publication

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We are delighted to announce a new publication by our ACT author, Doug Dawson, being a Guide for Probate and Letters of Administration (ACT).

The guide features detailed commentary, a matter plan and all necessary forms and precedents for obtaining a grant, getting in the assets and making the distribution.

The practical nature of this publication allows the practitioner to:

  • take instructions via our comprehensive and methodical instruction sheet;
  • gather information readily using our library of initial letters to asset holders;
  • make an application for probate or letters of administration with ease and confidence;
  • have a deed of release and indemnity and a deed of family arrangement immediately available in the mater when required.

We invite ACT practitioners – and those in other states who may need to conduct ACT estate matters – to explore our Probate and Letters of Administration matter plans, to appreciate the practicality and value of our publication.

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