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news

27

May

2015

PERSONAL CREDIT FILE

CATEGORY: Blog

WRITTEN BY:admin-ryan

A credit file is a record of information relating to your personal credit history, which includes information such as personal information, credit applications, current credit providers, debts and court judgements.
Under recent changes in the law, credit files now also include positive credit information such as the payments of bills or loans on time.

Credit files are compiled by registered credit reporting bodies, such as Veda (www.veda.com.au), Dun and Bradstreet (www.dnb.com.au) and Experian (www.experian.com.au).

When making an application for finance through a credit provider, the credit provider will invariably have regard to the information contained in your credit file when considering your application.

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18

Apr

2015

APPREHENDED PERSONAL VIOLENCE ORDER NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

An Apprehended Personal Violence Order (commonly known as an “AVO”) is a court order designed to protect a person or persons from another person in circumstances where the parties are not in a domestic relationship. The Order operates by prohibiting the person subject to the Order from engaging in certain conduct towards the protected person or persons. The prohibited conduct commonly includes assaulting, molesting, harassing, intimidating, stalking, approaching and contacting the protected person/s.
The Crimes (Domestic and Personal Violence) Act 2007 (“the Act”) gives a court in New South Wales the power to make an AVO.
The object of the Act, in relation to personal violence, is to ensure the safety and protection of all persons who experience personal violence outside a domestic relationship.
Under section 19 of the Act, a court may make an AVO if it is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears:

  1.  the commission by the other person of a personal violence offence against the person, or
  2. the engagement of the other person in conduct in which the other person:
    1. intimidates the person, or
    2. stalks the person,

being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.

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18

Apr

2015

PROPOSED NATIONAL DOMESTIC VIOLENCE ORDER SCHEME

CATEGORY: Blog

WRITTEN BY:admin-ryan

At yesterday’s Coalition of Australian Governments meeting, our state, territory and national leaders agreed, in principle, to a National Domestic Violence Order Scheme.

While the details of the proposed Scheme are yet to be finalised, the purpose of the Scheme is to afford better protections to victims of domestic violence by eradicating the current issues surrounding the enforceability of domestic violence orders across state and territory boundaries.

Presently, if a person protected by an order in one state wishes to travel to, or move to another state, they would have to apply to a court in the other state to have the interstate domestic violence order registered (if possible) or to obtain the protection of a new order in that state.

The National Domestic Violence Order Scheme would automatically make an order made in one state recognised and enforceable in all other states and territories in Australia.

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16

Apr

2015

APPREHENDED DOMESTIC VIOLENCE ORDERS NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

An Apprehended Domestic Violence Order (ADVO) is a court order designed to protect a person or persons from another person with whom they have or have had a domestic relationship.  The Order operates by prohibiting the person subject to the Order from engaging in certain conduct towards the protected person/s. The prohibited conduct commonly includes assaulting, molesting, harassing, intimidating, stalking, approaching and contacting the protected person/s.

The Crimes (Domestic and Personal Violence) Act 2007 (“the Act”) gives a court in New South Wales the power to make an ADVO.

The objects of the Act, in relation to domestic violence, include:

  1. To ensure the safety and protection of all persons, including children, who experience or witness domestic violence; and
  2. To reduce and prevent violence by a person against another person where a domestic relationship exists between those persons.

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04

Apr

2015

CONVEYANCING – PURCHASER CAVEATS

CATEGORY: Blog

WRITTEN BY:admin-ryan

All purchasers of real property should lodge a caveat on the title to the property as soon as they enter into a contract to purchase the property.

A caveat is a notation listed on the title of the property signifying your interest in the property and preventing any third parties from registering dealings on the title (save for some exceptions) such as other prospective purchasers of the property or creditors of the vendor.

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03

Apr

2015

HOON LAWS IN NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

The penalties and sanctions attached to street racing and other hoon related offences (i.e. aggravated burnout, exceed speed limit by more than 45 kilometres per hour and police pursuit) in New South Wales are serious.

The offence of street racing in New South Wales is contained in section 115 of the Road Transport Act 2013 (“the Act”), which provides:

A person must not organise, promote or take part in:

(a) any race between vehicles on a road, or

(b) any attempt to break any vehicle speed record on a road, or

(c) any trial of the speed of a vehicle on a road, or

(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanicalcondition of any vehicle on a road,

unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.

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10

Mar

2015

DUE DILIGENCE FOR PROSPECTIVE PURCHASERS OF RESIDENTIAL PROPERTY

CATEGORY: Blog

WRITTEN BY:admin-ryan

Prior to entering into a contract, prudent purchasers of residential property will undertake all enquiries of the property necessary to satisfy themselves in relation to the purchase.

Generally speaking, after a purchaser enters into a standard contract for the purchase of property in Victoria or New South Wales, they will have no recourse if they discover, for example, a building defect or pest infestation.

At a minimum, prospective purchasers should consider the following enquiries prior to contract:

Pest Inspections

A pest inspection by a suitably qualified professional will determine the pest activity, if any, in the property. For example, termites may be causing internal damage to the structure of the house or other buildings.

Building Inspections

A building inspection by a suitably qualified professional will provide an insight into the structural integrity of the buildings on the property.

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08

Mar

2015

NSW DELAYS NEW SWIMMING POOL LAWS (AGAIN!)

CATEGORY: Blog

WRITTEN BY:admin-ryan

New laws surrounding properties in New South Wales (NSW) with swimming pools and spas were due to commence on 29 April this year after being delayed 12 months. However, the Minister for Local Government has announced a further extension until 29 April 2016.

The purpose of the new laws is to impose further obligations on owners of land with swimming pools to ensure standards for safety and security are adhered to.

Owners of properties with swimming pools in NSW will be required to have a valid certificate of compliance for the pool (or relevant occupation certificate) prior to selling or leasing the property. If a vendor selling a property with a swimming pool fails to provide the purchaser with a valid certificate of compliance for the pool (or relevant occupation certificate), the purchaser may be able to bring the contract to an end.

The process of obtaining a certificate of compliance involves an inspection of the swimming pool. If the inspection reveals that the pool does not comply with the law, then the owner of the property will be required, within a reasonable time, to undertake the works necessary to make the pool comply. Failure by the owner to undertake the requisite works may result in the Council undertaking the works, charging the owner the reasonable costs associated with the works and fining the owner up to $5,500.00.

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