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The content contained in this section of the website is not intended to be legal advice and it should not be relied upod by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Person seeking legal advice should contact Burt & Hanke Legal for an appointment

news

24

Feb

2015

HIGH RANGE PRESCRIBED CONCENTRATION OF ALCOHOL OFFENCES IN NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

A person commits a high range prescribed concentration of alcohol (High Range PCA) offence if the person has a reading of 0.15 or more and they:

  1. Drive a motor vehicle;
  2. Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or
  3. As an appropriate licence holder, occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

The maximum penalty for a first time High Range PCA offender is a $3,300.00 fine and imprisonment for 18 months. In addition, the offender faces licence cancellation and an automatic licence disqualification period of 3 years, which can be reduced to a minimum of 12 months.

For a second or subsequent High Range PCA offender, the maximum penalty is a fine of $5,500.00 and imprisonment for two years. In addition, the offender faces licence cancellation and an automatic licence disqualification period of 5 years, which can be reduced to a minimum of 2 years.

There is a Guideline Judgement that applies to High Range PCA offences in New South Wales.

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23

Feb

2015

NEW SWIMMING POOL LAWS IN NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

Land owners are reminded that new laws surrounding properties in New South Wales (NSW) with swimming pools and spas are due to commence on 29 April this year.

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

On and from 29 April 2015, 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.

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11

Feb

2015

HABITUAL TRAFFIC OFFENDERS IN NSW

CATEGORY: Blog

WRITTEN BY:admin-ryan

Traffic offenders in New South Wales (NSW) should be aware of the law surrounding Habitual Traffic Offender Declarations.

A court in NSW can declare a person a Habitual Traffic Offender if the person has been convicted in NSW of a ‘relevant offence’ and, in the preceding 5 years, has also been convicted of at least 2 other relevant offences committed on separate occasions.

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30

Jan

2015

NEW FAMILY PROVISION LAWS IN VICTORIA

CATEGORY: Blog

WRITTEN BY:admin-ryan

Recent and significant changes to family provision laws in Victoria have been made and apply to the estates of persons deceased on or after 1 January 2015.

A family provision claim is essentially a challenge to a deceased person’s will. The basis for the claim is that, having regard to the relationship between the deceased person and the claimant (and other factors not discussed in this memorandum), the deceased person should have made provision or further provision for the claimant’s proper maintenance and support. 

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21

Jan

2015

CHANGES TO NSW NEW HOME GRANT SCHEME

CATEGORY: Blog

WRITTEN BY:admin-ryan

On 1 July 2012, the New South Wales Government introduced the New Home Grant Scheme to stimulate the residential construction industry.

The Scheme provides a grant of $5,000.00 to purchasers/transferees of properties falling under the definition of “new homes.” Such properties include newly constructed homes, homes off the plan and vacant land on which a newly constructed home is to be built.

Up until 30 June 2014, there was no limit on the amount of times those eligible for the New Home Grant could claim the Grant.

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21

Jan

2015

NSW INTRODUCES TOUGHER MEASURES FOR DRINK-DRIVERS

CATEGORY: Blog

WRITTEN BY:admin-ryan

New South Wales has followed suit with Victoria in increasing sanctions imposed on its drink-drivers.

On and from 1 February 2015, serious and repeat drink-drivers in New South Wales face the imposition of alcohol interlock conditions on their licence following the usual period of licence disqualification.

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14

Jan

2015

CONSUMER PROTECTION FROM PRODUCT DEFECTS: WRITTEN WARRANTIES AND STATUTORY GUARANTEES

CATEGORY: Blog

WRITTEN BY:admin-ryan

It is not uncommon for a consumer in Australia to purchase a product that comes with a written warranty.

A standard product warranty is a promise by the warranty provider (the retailer or manufacturer) that the product will be free from defects for a specified period of time.

In the event the product presents with a defect within the specified period of time, then the warranty provider promises to either repair the defect, replace the product or provide the consumer with compensation.

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08

Jan

2015

NEW HOME BUILDING LAWS

CATEGORY: Blog

WRITTEN BY:admin-ryan

The Home Building Act and Home Building Regulation in New South Wales are due for substantial change this year.

The changes will affect, quite obviously, anyone who is involved in or with the Home Building industry, including people building a new home or renovating an existing home.

The new laws commence on 15 January 2015, except for new provisions regarding home building contracts, which will commence on 1 March 2015.

It is intended the new laws and regulations will benefit all stakeholders by reducing red tape and promoting consumer protection and confidence.

The major changes affect licensing, owner-builders, the home warranty insurance scheme, defects, statutory warranties and home building contracts.

For more information in relation to the new home building laws, see the NSW Government Fair Trading website (www.fairtrading.nsw.gov.au) or contact the experienced solicitors at Burt & Hanke Legal in Albury.

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