Michal Mantaj

Immunity for on-field violence must end

By Michal Mantaj / May 23, 2018 / 0 Comments

It is time that we, as a society, stopped treating on-field violence by sport stars as being immune from criminal prosecution and held athletes accountable for their actions in the same way as the rest of us. This weekend’s round of NRL saw yet another ugly brawl between players during the Sea Eagles v Storm…

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Court clarifies DUI charges

By Michal Mantaj / February 1, 2018 / 0 Comments

In a recent decision, the NSW Supreme Court clarified what is meant by driving under the influence.   What is DUI? Many people use the term “DUI” as an umbrella term to refer to all kinds of drink driving charges. This is not technically correct. In law, there are two kinds of drink driving charges,…

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Challenging a Will: What information does an applicant need to show when making an application for a greater share in the deceased’s estate?

By Michal Mantaj / January 30, 2018 / 0 Comments

If a person decides to make a claim against a deceased person’s estate seeking a greater share in the deceased’s property, that person will need to provide information to the Court to show that they have needs that have not been adequately provided for by the deceased. Additionally, a person will need to provide information…

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Recent changes to the Retail Leases Act and their impact on entering into lease of a retail shop

By Michal Mantaj / January 29, 2018 / 0 Comments

On 1 July 2017, amendments made to the Retail Leases Act 1994 (NSW) came into effect that will impact landlords and tenants of retail premises. The leasing of retail premises is governed and affected by numerous legislative and regulatory requirements. The Retail Leases Act 1994 (NSW) (the Act) overrides any provision of a lease that…

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Sunset clauses in an off the plan purchases

By Michal Mantaj / January 29, 2018 / 0 Comments

In contracts for off the plan purchases, clauses are often included that provide for either party to end the contract in the event that the unit being purchased is not complete by a sunset date. In 2015, the media reported that developers were exploiting these sunset clauses by ending the contract, then re‑selling the property…

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New disclosure requirements for contracts for sale of residential land

By Michal Mantaj / January 29, 2018 / 0 Comments

From 1 September 2017, contracts for sale of residential land will need to be updated to include new documents and meet new disclosure requirements.   Before residential property can be sold, a vendor is required to prepare a contract for sale that: discloses information about a property’s title, its zoning, sewerage, any rights of ways…

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Housing Affordability: New Bills before the Federal Parliament

By Michal Mantaj / January 29, 2018 / 0 Comments

Housing affordability, rising house prices and high levels of home loan indebtedness are topics that have received much public comment in the media. In the 2017–18 Budget, the Government announced the “Reducing Pressure on Housing Affordability – first home super saver scheme. There are currently four bills before the Federal Parliament to implement tax measures…

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Should I speak with police?

By Michal Mantaj / August 3, 2017 / 0 Comments

When Police are investigating an allegation that you have committed a criminal offence, they will usually invite you to participate in an interview with them about the allegations. Deciding whether or not to accept this invitation can be one of the most difficult and important decisions you will need to make. Here are some things…

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Tips for going to Court

By Michal Mantaj / August 2, 2017 / 0 Comments

Going to Court can be a frightening and overwhelming experience. Below are some tips outlining Court etiquette and procedures. Ensure you are well dressed and presented as a mark of respect. Always arrive at least five minutes early (unless you are otherwise advised). Sunglasses or hats are not to be worn in the courtroom. Do not…

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Federal Government’s Proposed New Encryption Laws

By Michal Mantaj / July 24, 2017 / 0 Comments

The Federal Government has recently announced that it intends to make new encryption laws to force tech companies to provide law enforcement authorities with assistance to intercept and decrypt communications. While little else is known concerning the details of these proposed laws, the language which the Prime Minister and the Attorney General have used to…

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Do you have an unregistered firearm? Dispose of it without penalty as part of the Australian Government’s firearm’s amnesty

By Michal Mantaj / July 13, 2017 / 0 Comments

The Federal Attorney General’s Department has announced a National Firearms Amnesty aimed at reducing the number of unregistered firearms in our community, to run from 1 July to 30 September 2017. The amnesty allows anyone with an unregistered firearm to either register, sell or dispose of it, including its accessories, without penalty or risk of…

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Using the home safe rule to defend a drink driving charge

By Michal Mantaj / June 26, 2017 / 0 Comments

If you’re charged with drink driving, you may receive advice that the easiest thing to do is plead guilty. Depending on your prescribed concentration of alcohol or PCA, your driving history and what led to your arrest, an experienced lawyer may advise the smart choice is to plead guilty and try to reduce the punishment.…

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How the two hour rule can help defend a drink driving charge

By Michal Mantaj / June 26, 2017 / 0 Comments

If you’re charged with a drink driving offence, you need to take it seriously. Acting quickly to get advice from an expert traffic lawyer could mean the difference between receiving a fine, losing your licence or even a stint in jail. Depending on your case, your lawyer may recommend using the two hour rule as…

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Guide to writing an effective reference

By Michal Mantaj / July 28, 2016 / 0 Comments

A good character reference is an important part of a client’s case and will help a lawyer to persuade the Court to extend as much leniency as possible to the individual on trial. Download Our Guide to Writing an Effective Reference Template The functions of an effective character reference are: To show the Court that,…

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JUDGES NOT OUT OF TOUCH – Survey Shows

By Michal Mantaj / July 4, 2016 / 0 Comments

For many years, there has been a perception amongst the community that Judges are out of touch with contemporary societal values when it comes to sentencing. The question however, is whether that perception is the product of our Judges and Magistrates, in fact being out of touch with community values, or inaccurate, incomplete and misleading…

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Defending Drink Driving Charges

By Michal Mantaj / May 6, 2016 / 0 Comments

Introduction Being convicted of a drink driving charge can potentially have devastating consequences for both you and your family. It begins with a loss of your driver’s licence. For some people that is merely an inconvenience, however for others -who rely on their licence to maintain their employment- it can be a disaster. It can…

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What is a Section 10? (Part 1)

By Michal Mantaj / August 30, 2015 / 0 Comments

There is one way in which even though you plead guilty to a criminal offence, you can actually avoid those consequences following from that plea of guilty.

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What is a Section 10? (Part 2)

By Michal Mantaj / August 30, 2015 / 0 Comments

Here are some guidelines to the most important things that you need to think about that will determine whether or not you will get a Section 10.

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What is a Section 10? (Part 3)

By Michal Mantaj / August 29, 2015 / 0 Comments

What the court will want to know is why the offence was committed. You need to have a think about what it is that led you to the behaviour that…

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What is a Section 10? (Part 4)

By Michal Mantaj / August 29, 2015 / 0 Comments

Now let me go on to the last topic & that is perhaps for most people a very important topic and that is how Section 10s work together with criminal records.

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How To Beat A Drink Driving Charge (Part 1)

By Michal Mantaj / August 28, 2015 / 0 Comments

There’s a common misconception that if you are charged with a drink driving offence, there is only 1 option: plead guilty. This is wrong, and here is why.

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How To Beat A Drink Driving Charge (Part 2)

By Michal Mantaj / August 28, 2015 / 0 Comments

The 2 hour rule is simply states that the police have a 2 hour window between the time that you drive and the time that the breath analysis is conducted.

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