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Posts by Michal Mantaj

I have received a Court Attendance Notice- what now?

What is a Court Attendance Notice A Court Attendance Notice (CAN) is an official document notifying you and the court that police have charged you with a criminal offence. This document provides important information about your charge, including What crime you have been charged with. A very brief…

Better get a lawyer, son. You better get a real good one!

As a rule, I would not suggest that anyone take legal advice from an Indie Rock Band, but the above line from the “better get a lawyer” by the Cruel Sea is an exception to that rule. Not only does it emphasize the importance of legal representation but,…

Tips, tricks and pitfalls for Local Court Practitioners

It is trite to observe that the Local Court of NSW is, by far, the busiest criminal jurisdiction of all NSW Courts. According to the Bureau of Statistic, in 2018 the NSW Local Court finalised 128,932 criminal cases. By comparison, the higher jurisdictions combined finalised a comparatively modest…

New domestic violence laws bad news for unrepresented defendants

A new law recently passed by the NSW parliament is going to make it even more difficult for defendants who cannot afford a lawyer to defend themselves. The law is part of a suite of reforms aimed at making it easier for complainants (alleged victims) in domestic violence…

Defending Traffic Offences

This paper discusses some ways in which traffic offences can be defended. It is intended to be a practical guide for traffic law practitioners who daily advise and represent individuals charged with the commission of traffic offences.  It is not, and does not pretend to be, an academic…

Michal Mantaj at The Parliament House feat. Mobile Phone Detection Cameras

Mobile Phone Detection Cameras to start targeting Sydney drivers by the end of the year. Conditsis Lawyers Director, Mr. Michal Mantaj at the Inquiry Into Road Transport Amendment (Mobile Phone Detection) Bill 2019 said at The Parliament House: “If I’m holding this glass while driving and my picture…

Michal Mantaj Remarks on Phone Detection Cameras – NewsTalk ZB

Michal Mantaj is a Trial Advocate, Accredited Criminal Law Specialist and Director at Conditsis Lawyers.Mobile phone detection cameras started targeting phone use across NSW on December 1st 2019. The system uses artificial intelligence to automatically review images and detect offending drivers. “The problem with these cameras is the…

The Cannabis Cautioning Scheme

The debate over how to deal with cannabis use is back in the headlines again, courtesy of the ACT Government. In September of 2019 the ACT Government passed laws decriminalising the possession of small amounts of cannabis and cultivation of small numbers of cannabis plants. This approach to…

7 News – Mobile Phone Detection Cameras

https://www.youtube.com/watch?v=ktDmKnif4Hg 7News featuring Conditsis Lawyers Director, Michal Mantaj – discussing the soon-to-be constructed Mobile Phone Detection Cameras on NSW roads, and implementation of the new legislation to go with them.

Immunity for on-field violence must end

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…

Court clarifies DUI charges

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…

Sunset clauses in an off the plan purchases

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…

New disclosure requirements for contracts for sale of residential land

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,…

Housing Affordability: New Bills before the Federal Parliament

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…

Defending PCA Charges

PCA (Proscribed Concentration of Alcohol) charges are rarely defended. There are a number of very good reasons for this fact. For one thing, in most cases there is no reasonable prospect of a successful defence. The system for the detection, documentation and prosecution of PCA offences is so…

Should I speak with police?

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…

Tips for going to Court

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…

Federal Government’s Proposed New Encryption Laws

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…

Using the home safe rule to defend a drink driving charge

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…

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

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…

AVO’s and Appeals to the District Court

This paper will cover two separate topics which, it is hoped, are of interest and practical utility to criminal law practitioners. As is necessitated by the allocated time, and no doubt much to the relief of the audience, the focus of this paper will be inexorably practical and…

Guide to writing an effective reference

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…

JUDGES NOT OUT OF TOUCH – Survey Shows

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…

Defending Drink Driving Charges

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-…

PCA’s, Drugs, and Domestic Violence

This paper, and the presentation which it accompanies, will cover three distinct areas of the criminal law, specifically: drink driving, drugs and domestic violence. Click Here to Open PDFDownload

What is a Section 10? (Part 1)

What is a Section 10? (Part 1) Welcome to this instalment of the Conditsis Expert Video series. My name is Michal Mantaj and I’m one of the directors here at Conditsis and today I’ll be talking about how it is possible to plead guilty to a criminal offence…

What is a Section 10? (Part 2)

What to watch Part 1? Click here. What is a Section 10? (Part 2) Now, everybody wants a Section 10 and the question is well how do you get a Section 10? The first thing to say about that is that there is no magic formula I can…

What is a Section 10? (Part 3)

What to watch Part 2? Click here. What is a Section 10? (Part 3) So that’s the ‘What’. Let’s now go through the ‘Why’. What the court will want to know is why the offence was committed. Now you need to have a think about what it is…

What is a Section 10? (Part 4)

What to watch Part 3? Click here. What is a Section 10? (Part 4) Now let me go on to the last topic and that is perhaps for most people a very important topic and that is how Section 10s work together with criminal records. Most people have…

How To Beat A Drink Driving Charge (Part 1)

Hi and welcome to this instalment of the Conditsis Expert Video series. My name is Michal Mantaj. I’m one of the directors here at Conditsis and today I will be talking about how to beat a drink-driving charge, or as we lawyers prefer to call it, what’s called…

How To Beat A Drink Driving Charge (Part 2)

The second defence is based on something called the two hour rule. The two-hour rule is simply a rule of law that states that the police have a two hour time window between the time that you drive and the time that the breath analysis which is later…

Assault, Affray, and Self Defence

This paper deals with the offences of assault, affray and, as a separate topic, the defence of self-defence (with a particular focus on its application to assault and affray charges). Click Here to Open PDFDownload