News

Fiduciary Duty  in a Nutshell A criminal defence lawyer owes a duty of undivided loyalty to their client. This is called a fiduciary duty, coming from the Latin word "fiducia", meaning trust or confidence. In this article, we outline what fiduciary duty involves, when...

The killing of one person by another, whether intentional or otherwise, is dealt with very seriously by the Courts. Of course, where a person (without a lawful excuse) intentionally kills another person, this amounts to common law murder, which is the most serious...

Non-citizens in Australia, including permanent residents, risk deportation if they commit offences that result in a term of imprisonment. Under the Migration Act, the Minister for Immigration or their delegate is empowered to deport non-citizens with a criminal record...

Being convicted of a crime, regardless of how serious that crime is, can be extremely distressing and confronting for an accused. These feelings are heightened when the circumstances of that conviction appear to be unfair, or the result of external prejudice, which...

The term ‘Criminal Damage’ encompasses an array of property damage related offences. Under Victorian Law, these offences can have serious implications, including imprisonment. Foremost, in Victoria criminal damage and related offences are outlawed pursuant to Division...

One often unexpected consequence of pleading guilty to certain types of criminal offending is that property in which the offender has an equitable interest (ownership) can be restrained for a number of purposes. This can happen at any time during the proceedings, but...

Bail is a fundamental concept that underpins our justice system. Our system is predicated on the inherent belief that an accused person is innocent until proven guilty. It is for this reason that it is important to avoid holding an accused person in custody until...

Some guilty clients form the view early in a retainer that, if they try to convince their lawyer of their innocence, their lawyer will work harder and bend the rules to help them. Experienced, competent and ethical criminal defence lawyers see right through this. It...

An Intervention Order, whether it is a Family Violence Intervention Order or a Personal Safety Intervention Order, is a civil order. It does not form part of your criminal history. However, the penalties for breaching the Order are criminal and can result in charges...