Mental health impairment or cognitive impairment and criminal law in New South Wales
Since the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) came into force in March of 2021, replacing the Mental Health (Forensic Provisions) Act 1990 (NSW) (often referred to because of section 32 of that Act), we have acted for a number of clients who fall within the [...]
What do you do if there’s a data breach in your business?
Let's face it, in a world of free-flowing data, every business, large and small, is vulnerable to a data breach. But with huge penalties on the cards, can you afford even a minor breach? How safe are your computer systems? Photo courtesy AntoinePound Section 80W of the Privacy [...]
The Facebook ISIS hack continues in 2021. What should you do if you are hacked?
Over 2020 and 2021 we have acted for scores of clients around the world who have been impacted by the ISIS hack of their Facebook accounts. A bot will hack the account, remove all photos and replace those photos (primarily the profile and background photos) with ISIS propaganda, triggering Facebook's [...]
The ISIS Facebook Hack is causing Facebook users headaches. We can help.
It's a busy Facebook (or Instagram) user's worst fear. A notification that their Facebook or Instagram account is locked and notifications from friends that an image depicting the ISIS flag and terrorist propaganda has been uploaded to the person's background photo. The companies' algorithms automatically (and permanently) shut down accounts [...]
Separation under one roof (a 30 second read)
We are aware of many (amicable) separations during this extremely difficult year for communities across Australia. Parties to a separated couple may have elected to live under one roof. In those circumstances it’s a good idea to keep note of when separation has occurred because this will be relevant to [...]
Trans children and the right to gender-affirming treatment: The case of Re Imogen
When do transgender children need to go to court to get treatment? The case of Re Imogen The Family Court recently heard an application by a mother of a child regarding the child’s wish to seek stage 2 hormone treatment for physical feminisation. The case is known as Re Imogen. [...]
Tips for commercial tenants: negotiate your lease
Leasing premises is a significant financial commitment and what many tenants don’t understand is how complex a commercial lease can be and how a tenant can end up facing financial or legal difficulties down the track. Therefore, it is vital that before entering into a commercial lease agreement you review [...]
New Study on Strip Search Laws in NSW
Rethinking Strip Searches by NSW Police, a new report commissioned by Redfern Legal Centre and prepared by University of New South Wales Law academics Dr Michael Grewcock and Dr Vicki Sentas has found that while strip searches are on the rise in NSW, most strip searches reveal nothing of evidential [...]
Know your rights: New drug laws, just in time for Mardi Gras 2019
With Sydney Mardi Gras fast approaching, many of us are getting ready for a weekend of celebration and as Australia’s only Out Loud and Proud law firm we want you to know your legal rights. Photographer: Vicki Kramer New drug laws allow on the spot fines for some [...]
Community Forum: Drug laws and police search powers in NSW | 21 February 2019
Come to a free legal information night at Bear Bar and learn about your rights and responsibilities when partying in NSW. Bear Bar is located beneath the Burdekin Hotel and entered from Liverpool Street. We will be explaining NSW drug laws and police search powers in the lead up to [...]
Transferring debt in property settlements
During property settlements in divorce proceedings, the Family Court or the Federal Court can make an order that a debt accumulated by one party be transferred to the other. This makes the recipient responsible for paying the respective creditor. Until recently, such orders were limited to debts incurred towards private [...]
On the spot fines for drug possession this Australia Day long weekend
The NSW Police Force will be able to issue on-the-spot fines of $400 for drug possession at three music festivals being held in Sydney over the Australia Day long weekend. There are three music festivals across the Australia Day long weekend - Electric Gardens at Centennial Park, and Hardcore Til [...]
Alcohol consumption in public places
This summer, many Australians will be taking advantage of the warm weather by picnicking in their local parks and beaches: public spaces that everyone has a right to enjoy. However, with the number of Alcohol-Free Zones in Sydney increasing from 149 in 2009 to almost 400 by 2016, a lot [...]
Trial by Judge or Jury: the Teacher’s Pet Chris Dawson Case
The high profile arrest and subsequent charging of Chris Dawson for the murder of his wife in 1982 has again raised the issue surrounding the presumption of innocence in the public imagination. This has led to calls for Mr Dawson’s case to be heard by a judge alone, without a [...]
Grandparents and their rights to parent children
The nation’s ageing population as well as the increase in the number of family breakdowns has led to the consideration of the legal rights of grandparents, especially in terms of the parenting relationship between grandparents and their grandchildren. This topic has been widely discussed following the 2006 amendments to the [...]
Another win for the DTL criminal law team
DTL is celebrating another win in the criminal courts after our client successfully defended 7 of 8 serious assault charges following a hearing the Children's Court of NSW and an appeal in the District Court of NSW. The Department of the Office of Public Prosecutions brought the charges following a [...]
State acquisition powers: NSW Government v Desane in the Court of Appeal
The NSW government’s power to compulsorily acquire property for major projects has been bolstered by a recent decision of the Court of Appeal, Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196. Light rail construction by John Cowper (CC2.0CC) The NSW government had announced in 2017 that an area including the property of developer Desane Properties Pty Ltd at 68-72 [...]
The Australian Minister for Immigration and the au pair affair
Peter Dutton’s decision to grant substantive visas to two au pairs, while Minister for Immigration and Border Protection, has been under scrutiny and is now before the Senate Committee on Legal and Constitutional Affairs for an inquiry about the appropriateness of the use of ministerial power under section 195A of [...]
Jaywalking operations in Sydney are becoming more popular
Streetwalking (CC2.0CC) Ggiuseppemilo Jaywalking operations in Sydney are becoming more popular. At the time of writing this article the general rule is you're not jaywalking if you cross within 20 metres of a pedestrian crossing when the lights show green. But there are lots of other rules you should [...]
Dowson Turco Lawyers: Proud to be Principal Partner of the 2018 Honour Awards
The Honour Awards is an annual event that celebrates outstanding service to, and achievements within, the LGBTI community in NSW and Australia. Now in its 12th year, the awards is also a fundraising event for ACON, NSW’s leading HIV prevention, HIV support and LGBTI health organisation. Dowson Turco Lawyers’ partner [...]
The death of Cecilia Haddad and the consequences for her estate
You might have seen Cecilia Haddad’s name in the news in the past few months. First, and tragically, her body was found in the Lane Cove River in April 2018 and police suspect she was murdered by her ex-lover, Mario Santoro, who has now been arrested in Brazil and whose [...]
Criminal records and section 10s
In NSW many people appearing in the Local Court for a minor offence (such as drug possession, low range drink driving, drug driving etc) will ask their lawyer to obtain a "section 10 dismissal". What they are referring to is section 10 of the Crimes (Sentencing Procedure) Act 1999 which [...]
Relationship property and expected inheritance: Family Law in Australia
It is becoming very common in family law matters that one or both parties have older parents. If one party has an expectation of an inheritance, the other party may be able to argue that it should be relevant to the proceedings and considered for any adjustment of the relationship [...]
Tattoos, artists, and copyright: is your tattoo copywrong?
Nowadays, the negative connotations associated with tattoos have largely dissipated. Sporting a tattoo has become almost mainstream, no doubt the elevation has been assisted by the numerous rock stars, athletes and celebrities who have a penchant for ink and a wide fan base to boot. As a person with numerous [...]
International Surrogacy from an Australian Perspective
What is a surrogacy agreement in NSW? A surrogacy agreement in NSW is an arrangement where a woman (referred to as the surrogate or birth mother) agrees to become pregnant for another person or persons. Once the child is born, the parentage of the child born as a result of [...]
Sydney gay hate crimes and why we need a parliamentary inquiry
This week the NSW Police Force released its much-awaited Parabell report into LGBTIQ hate crimes in NSW in the 70s, 80s, 90s and 00s. You can read our Nicholas Stewart's article on the release here. Nicholas also appeared on The Drum on Wednesday 27 July 2018. Here is an extract. [...]
Above and beyond the call of duty: police powers and over-reach
It is extraordinary that the NSW Police Force has said that its officers will deny entry to Sydney Above & Beyond ticket holders if they are flagged by a drug dog, regardless of whether drugs are found. Here is a quote from an Assistant Commissioner on the issue: “If you handle [...]
Family Law in Australia is changing
A new system of family law is coming to Australia in 2019 The Attorney General, Christian Porter, has announced that the Family Court of Australia (FC) and the Federal Circuit Court of Australia (FCC) will be merged to create the amalgamated and somewhat cumbersomely named, Federal Circuit and Family Court [...]
DTL is growing its family law team
Why not join Australia's only out loud and proud LGBTIQ law firm? We are award-winning lawyers headquartered in Newtown and we act in matters across Australia. Apply here Happy young lesbian couple with baby at home
Property Settlements in the Family Court of Australia
You and your former partner have shared a life together. This may mean that together you have: shared assets and liabilities, such as property, savings accounts, credit cards and mortgages; made financial contributions towards the relationship, such as wages and salary or business profits; and made non-financial contributions, such as [...]
Drug searches and police powers during events and festivals
"jhderojas" There is an important message we want to get out to our clients, family and friends. That message is that you have legal rights when you deal with police officers and we are the lawyers who a large portion of the community comes to for legal representation [...]
Own a strata unit and see cracked walls, leaking ceilings, shoddy paint work or structural defects? You are not alone
Earlier this year a good friend and loyal client of DTL's contacted us to tell us there was a structural problem in her apartment block. Our client had bought a strata unit off the plan in the inner west of Sydney. The building leaked, there were cracks appearing in walls, [...]
Gay divorce in the age of marriage equality: is it easy?
Introduction We are an LGBTI law firm but we service all communities. The purpose of this post is to let the LGBTI community know that not only can gays and lesbians now get married, but we can also get divorced. Because of international marriages and civil unions, as well as [...]
Marriage equality is law: the change may unintentionally impact couples’ Wills and Financial Agreements
Marriage equality is law: the change may unintentionally impact couples’ Wills and Financial Agreements Two girls kissing. Photo: Patrick Doheny under licencehttps://creativecommons.org/licenses/by/2.0/ Wills Wills are generally invalidated upon marriage Section 12(1) of the Succession Act 2006 (NSW) states that ‘a will is revoked by the marriage of a [...]
Making a Will when your brain isn’t 100%
Australia's ageing population means that estate planning is becoming increasingly important for a large portion of the population. With age comes deteriorating health and, as depressing as that is, science is finding ways to increase longevity and life enjoyment. But the law requires a person to have capacity when they [...]
“Prenups” under Australian law. The High Court decides what factors impact on a pre-nup’s validity
THORN & KENNEDY [2017] HCA 49 As the saying goes, ‘you don’t want to spill ink on your wedding dress’. On 8 November 2017, the High Court of Australia handed down a landmark decision clarifying the meaning of “unconscionable conduct” and “undue influence” with regard to “prenups” and “postnups” (formally known as Financial [...]
Australia says YES
Today, DTL celebrated an overwhelming yes vote in favour of same sex marriage. Below are some photos from the day. Congratulations Australia. Mary Turco from the property law team and Samir Banga from the crime team One of our partners, Nicholas Stewart, who is in charge [...]
DTL at Parramatta Pride
DTL and friends at Parramatta Pride. On the last weekend of October 2017, Dowson Turco Lawyers (DTL) attended the annual Parramatta Pride Picnic, hosted by ACON NSW. Picnics in Parramatta Parramatta Pride is an event that our firm regularly attends because it allows us to bring legal advice [...]
DTL wins two big crime cases within days of each other
Well, lots of our friends and clients heard us bragging about our wins last week. But what were they? Matter one: Possession of house-breaking implements and drugs We successfully argued the defendant's case that he was not guilty of possessing house-breaking implements and drugs. This led the court to [...]
Crime Prevention and Control Orders – Thought Crimes and the Evolution of Secret Soldiers
Secret soldiers In an age of terrorism, traditional military tactics fall away. Actors in the war of terror don't necessarily wear a uniform and sometimes they don't even subscribe to a state with a flag. Preventative Detention Orders Both the New South Wales and Commonwealth Governments have enacted laws that [...]
Letter to the President of The Law Society of NSW
We recently wrote a letter to Ms Pauline Wright, President of The Law Society of NSW, voicing our support for her stance on marriage equality in Australia. We were horrified to see Ms Wright publicly criticised by marriage equality opponents and we are very concerned by the attempts by some [...]
Wills and the LGBTI community: Don’t leave your family vulnerable
Don’t leave your family vulnerable No-one enjoys contemplating their own death. So we put the thought of it to the back of our minds and Wills are filed under ‘Future me problems’. Yet, life can be messy and unexpected. Dowson Turco Lawyers (DTL) deals with many cases where a Will [...]