New Alcohol Interlock Laws

New laws for NSW drivers convicted of repeat or serious drink-driving offences started on 1 February 2015. In addition to the fines and gaol penalties that apply, most serious or repeat drink-driving offenders convicted of an offence committed on or after 1 February 2015 will now be disqualified from driving for five (5) years unless they complete a shorter disqualification period and an ‘interlock period’. Interlocks are electronic breath testing devices connected to the ignition of a vehicle. They stop the vehicle from starting if alcohol is detected. Interlocks also photograph the person providing the breath sample and record that together with all breath test results and attempts to tamper with the interlock. Participants in the interlock program will have to fit interlocks to their vehicles (at their own expense) and will only be licensed to drive vehicles which have an interlock device installed. The length of the interlock period ordered could be for one to four years, or even longer depending on the seriousness of the offence and whether it is a first or subsequent 'alcohol related major offence' within five years. Roads and Maritime Services (RMS) will have access to the performance of people on the interlock program and will monitor the interlock data. Possible consequences of people attempting to drive while they have alcohol in their blood include warning letters, referrals for health interventions and extension of the interlock period. If you have been charged with drink-driving and you think an “Interlock Order” may be appropriate for you, do not hesitate to contact James at Bird Legal to discuss your options. Visit our website www.birdlegal.com.au

CIVIL LAW DEBT RECOVERY - Defence

Last blog we looked at the Statement of Claim and its relevance to debt recovery proceedings. This blog we shall examine the process involved in filing a defence when you are a defendant in a matter.

Filing a defence

The filing of a Defence is the process by which a person is able to dispute owing monies to the plaintiff. If you are disputing that any money is owed then it is crucial that within twenty eight (28) days of a Statement of Claim being served on you that you file a Defence.

A Defence is a document which is filed with the court which sets out the following:

1. Who you believe the plaintiff is, e.g. an individual or a corporation;
2. Who you believe the defendant is, e.g. an individual or a corporation;
3. Whether you “admit” any parts of the Statement of Claim;
4. Whether you “do not admit” any parts of the Statement of Claim;
5. Whether you “deny” any parts of the Statement of Claim.

Once filed, the Defence must then be served upon the plaintiff.

After filing the defence the court registry will notify you as to when the matter is listed for a Case Conference. A Case Conference will provide the opportunity for the parties to examine all options of settlement and to discuss the issues in dispute, if no settlement is reached, the registrar will make further directions as to the timeline of the matter.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW DEBT RECOVERY - Enforcement

Last blog we looked at how people file a Defence when defending a claim, this blog we shall look at various options available to the judgement creditor when enforcing the debt, once judgement has been entered in favour of the plaintiff.

There are a number of enforcement options available to a judgement creditor, however, two (2) of the more common enforcement options are as follows:

Garnishee of wages

To garnishee the debtor’s wages, subject to the Uniform Civil Procedure Rules once a garnishee order has been made, the order attaches to any wage or salary which is payable to the judgement debtor.

In effect the order specifies the amount outstanding and directs the garnishee (the employer of the judgement debtor) to pay the judgement creditor such amounts from the wages of the debtor as permitted by the rules until such time as the debt is satisfied.

Writ for Levy of Property

If your application for a writ for the Levy of Property is successful the Writ allows the sheriff:

1.      to seize and sell goods belonging to the debtor;

2.      to seize money belonging to the debtor;

3.      to enter into possession of and to sell land belonging to the debtor; and

4.      to take and to sell choses in action or equitable interests in goods or land held by the debtor.

The sheriff cannot seize or sell clothing, bedroom or kitchen furniture, or any tools of trade (including vehicles, plant, equipment and reference books) if they are used by the debtor or any member of his family.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW DEBT RECOVERY - Statement of Claim

Last blog we had a look at the 1^st step involved in recovering monies owed to you, that being the Letter of Demand. This blog we will be looking at the 2^nd step in recovering monies owed to after our Letter of Demand has not had the desired effect.

Statement of Claim

The filing of a Statement of Claim is usually the 2^nd step in Debt Recovery Proceedings. After having offered the debtor the opportunity to resolve the matter by amicable means, in filing a Statement of Claim you are commencing proceedings to seek the court’s assistance in the recovery of those monies outstanding to you.

A Statement of Claim is a document which is filed with the court which sets out the following:

1. Who the plaintiff is, e.g. an individual or a corporation;
2. Who the defendant is, e.g. an individual or a corporation;
3. What your case is about;
4. What you are owed;
5. What relief you are seeking, e.g. interest, legal fees etc.

In processing this document with the court, the Registry staff will indicate on document the date and time when the matter is first listed before the court.

Once filed, the Statement of Claim must then be served upon the defendant.

Regulations pertaining to service are complex and must be strictly adhered to. Failure to comply with rules of service can mean that the court may rule that the Claim has not been properly served upon the defendant and the matter is unable to proceed until effective service has been carried out.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW DEBT RECOVERY

This blog we will be looking at the first step in recovering monies owed to you.

In New South Wales if you have sold something, such as over the Internet and you have not been paid for it, or you have provided a service to someone who has not paid you, you may have to commence Debt Recovery Proceedings in order to satisfy this outstanding debt.

Letter of demand

A letter of demand is the first step in Debt Recovery Proceedings. The idea of this letter is to set out to the debtor in no uncertain terms:

1.      How much money is owed to you; and

2.      The period of time which the debtor has to pay you, usually seven (7) days.

This letter should also set out the fact that if the money is not paid to you within this period of time then you will look to commence court proceedings against the debtor without further notice to them.

Sometimes, plaintiffs choose to indicate that they are willing to negotiate with the debtor, an example may be providing the debtor with an opportunity to pay off the debt in instalments.

It is important to remember to keep a copy of your Letter of Demand as it may be necessary to produce this letter in court as proof of your attempts to settle the matter before resorting to litigation.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW VICTIMS COMPENSATION

This blog we will be looking at Victims Compensation and what you need to do in order to qualify for it.

In New South Wales if you have been injured by an act of violence, such an assault, a robbery, domestic violence or sexual assault, that took place in New South Wales (NSW), you may be eligible for an award of compensation between $7,500 and $50,000.
Compensation can also be claimed in NSW if you are injured as a result of witnessing an act of violence or if you are injured while trying to prevent someone from committing an act of violence. Parents or guardians of children who are injured as a result of learning about the act of violence can also claim compensation.

Who can apply?

You are eligible to claim compensation if:

1. you are the victim of an act of violence and are injured as a result.
2. you are the member of the immediate family of a homicide victim.
3. you are injured as a result of witnessing an act of violence.
4. you are the parent or guardian of a victim and at the time of the act and you are injured as a result of learning of the act of violence.
5. you are injured while trying to:
1. prevent someone from committing an act of violence
2. arrest someone who is committing an act of violence
3. help or rescue someone against whom an act of violence is being committed

If you have been a victim of violence and wish to make a claim, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CAN I U-TURN?

You have just finished having a drink after work on a Friday at the “Royal”, you are heading west out of town on your way home when you suddenly realise; bugger… I forgot to get the lamb from Oberon Farm Meats.

Can you do a U-turn?

On 1 November 2012 the New South Wales government took the opportunity to confirm just when and when not New South Wales motorists may conduct a U-turn.

The law now says this:

Drivers are NOT at any time permitted to make a U-turn

across the following:

1. A single continuous dividing line; or
2. A single continuous dividing line to the left of a broken line; or
3. Two parallel continuous dividing lines.

However there are TWO exceptions to the above, these are:

1. Drivers are permitted to cross a single dividing line to enter or leave a road; or
2. Drivers are also permitted to cross two continuous lines to enter or leave the road by the shortest route.

So the rule is, if a line is not broken, don’t cross it, unless you are entering or leaving the road.

Until next week, safe driving.