02 4324 5688

Publications

From Conviction to Non-Conviction: How Advocacy Changed a Client’s Future

Mr Samuel Oakley recently represented a client at Newcastle District Court for a severity appeal of an impaired driving matter. When this matter first went to Court our client had represented themselves. Unfortunately they were convicted, received a significant fine and disqualification period for the offence. This disqualification…

Don’t Rely on a Digital Will: Why It Could Be a Serious Mistake

In today’s digital world, more Australians are turning to online platforms, templates or even emails to outline their final wishes. While that may seem convenient, it can lead to costly legal issues for your loved ones and in many cases it is either invalid or will cost your…

Conditsis Lawyers acquires Brazel Moore Lawyers in strategic expansion

Conditsis Lawyers is pleased to announce its acquisition of Brazel Moore Lawyers, one of the Central Coast’s largest and long-standing law firms. The acquisition is a significant step in the ongoing growth of Conditsis Lawyers. The addition of Brazel Moore’s highly regarded team will enhance Conditsis Lawyers’ multi-award-winning…

Top Mistakes to Avoid During a Divorce in NSW

Key Takeaways Failing to seek early legal advice for a divorce may impact property division, custody, and financial entitlements later in your family law matter. Emotional decisions and poor preparation can lead to costly outcomes during divorce. Attention to detail can be the difference between your divorce being…

What is a Fair & Equitable Property Settlement in NSW? Key Considerations

Key Takeaways A fair and equitable property settlement doesn’t always mean a 50/50 split—outcomes depend on each party’s contributions (both financial and non-financial) and their future needs. The Family Law Act 1975 outlines a four-step process to determine a just and equitable division of assets. All assets, liabilities,…

Avoiding Conviction: A Successful Defence in a Serious Driving Matter

Mr Samuel Oakley recently represented a client at Newcastle Local Court who was involved in a serious motor vehicle collision. Our client faced charges of Dangerous Driving Occasioning Grievous Bodily Harm and Negligent Driving Occasioning Grievous Bodily Harm. The more serious offence carried a maximum penalty of seven…

Applying for Bail in NSW: What to Expect

When a person is charged with a criminal offence in New South Wales (NSW), they may be taken into custody. In many cases, the accused has the right to apply for bail, allowing them to remain in the community while awaiting trial or court hearings. The process of…

Illegal Weapons Possession in NSW: What Constitutes an Offence?

In New South Wales, the possession, use, and sale of weapons are strictly regulated under the Weapons Prohibition Act 1998. This legislation outlines what constitutes a prohibited weapon and the legal requirements for possession, use and distribution. Violating these laws can result in severe criminal penalties, including imprisonment. It…

Contravening an AVO in NSW: Laws, Penalties, and Defences Explained

When an Apprehended Violence Order (AVO) is issued in New South Wales, it operates as a legal safeguard designed to protect individuals from various types of harm and/or harassment. Contravening or breaching an AVO is a serious offence with significant legal consequences. Understanding what constitutes a breach and…

Understanding Drug Trafficking Charges in NSW: Laws, Penalties, and Defence Strategies

Facing drug trafficking charges in New South Wales (NSW) can feel overwhelming. These charges carry severe penalties, and understanding the laws surrounding them is crucial for anyone navigating this complex legal landscape. Whether you are directly involved or trying to support someone else, knowing what constitutes drug trafficking…

Client Success: Social Influencer Recovers Full Payment + Interest

At Conditsis Lawyers, we recently achieved a fantastic result for a social media influencer who was left unpaid for their hard work. A business engaged the influencer from another State in Australia to market their product but failed to honour their payment agreement. Our team stepped in, obtained…

Are Online Wills Here to Stay?

In today’s digital age, convenience and speed are often priorities. Online Will services have emerged as a popular option for those seeking a quick and seemingly affordable way to manage their estate planning. But while online Wills offer an easy solution, the risks of relying on these services…

Driving Forward: Securing an Outstanding Outcome for Our Client in Newcastle Court

Our criminal solicitor, Mr Sam Oakley, recently appeared before Newcastle Local Court for a client facing two charges: firstly, driving whilst suspended and, secondly, low-range drink-driving. These charges carry significant penalties, including automatic licence disqualification, gaol time and hefty fines. Mr Oakley presented compelling submissions on behalf of…

From Classroom to Courtroom: Inspiring Future Legal Minds

Kayla Nielsen, Associate in Criminal Law, had the wonderful opportunity to speak to the Year 12 Legal Studies class at the Central Coast Adventist school. During the class Kayla shared her personal journey throughout schooling, university, and work experience, all of which influenced her decision to pursue criminal…

Successful Outcome for Client Facing Driving Charge

Our criminal law solicitor, Samuel Oakley, recently appeared before Gosford Local Court for a client charged with driving while their licence was cancelled. The offence carries a maximum penalty of 6 months imprisonment or a fine of $3,300 or both. There is also an automatic licence disqualification of…

Bail Act Changes: Introduction of Electronic Monitoring for Domestic Violence Offenders

As of 11 October 2024, significant changes to the Bail Act 2013 took effect, in respect of serious domestic violence offences. These changes introduce mandatory electronic monitoring for accused persons granted bail, which are intended to substantially mitigate the risks associated with alleged offenders being at liberty pending…

Dad Keeps Family Home: A Mediation Success Story

At Conditsis Lawyers, we celebrate the impactful victories our team achieves for clients. Recently, Holly Pitt Senior Associate and Nationally Accredited Mediator played a pivotal role in resolving a challenging property dispute for our client, Tom Perce*. Tom faced an ongoing conflict involving a substantial asset portfolio with…

Achieving a Positive Outcome Through a Tailored Binding Financial Agreement

At Conditsis Lawyers, we take pride in our commitment to our clients’ success. One recent case exemplifies this dedication. Our client, Sarah Smith*, approached us seeking a binding financial agreement after separating from her long-term de facto partner while still living in the same home. The emotional complexity…

What You Need to Know About Mediation in Australian Family Law

In Australian family law, mediation plays a crucial role in resolving disputes, especially in cases involving separation or divorce. But what exactly does mediation involve, and why is it so important? Understanding Pre-Action Procedures Before initiating court proceedings in family law matters, the Family Law Act 1975 mandates…

Navigating Estate Planning in Blended Families

Blended families—those with stepchildren, multiple partners, or previous marriages—present unique challenges in estate planning. Ensuring that all family members are treated fairly while respecting the complex dynamics of such households requires careful and strategic planning. Here’s how you can approach estate planning for blended families to achieve fairness…

How to Know Your Family Lawyer Truly Understands and Supports You

Choosing the right family lawyer can be one of the most difficult decisions to make. Whether you’re navigating a divorce, dealing with child custody issues, or facing the complexities of domestic violence during a family dispute, it’s essential to have a lawyer who genuinely understands and supports you.…

Changes to roadside random drug and alcohol testing in NSW

Please note this article only relates to drink driving and driving with a prescribed restricted substance in your oral fluid. What has changed? From 1st September 2024, there have been several major changes in New South Wales about how roadside drug and alcohol testing is conducted. Roadside Drug…

Criminal Infringement Notices and Drug Possession in NSW

What is a Criminal Infringement Notice (CIN) in New South Wales? A CIN is an alternative option available to NSW Police instead of sending you to Court. You must satisfy certain requirements such as being an adult, not continuing to commit the offence or being too intoxicated to…

Don’t Risk It: How to Successfully Manage Your Bail Conditions

In the Australian legal system, bail is a crucial process that allows individuals charged with a crime to remain at liberty (in the community) while awaiting trial, provided they comply with certain conditions set by the court. Despite its importance, many people find themselves in breach of their…

A Step-by-Step Guide on Legally Marrying in Australia

Earlier this year, I celebrated my wedding abroad. While it was a joyous occasion, it didn’t hold any legal weight in Australia. So, how can you make your marriage official in Australia? There are two primary options: hosting a ceremony that adheres to the Marriage Act 1961 (Cth)…

In the Spotlight: Parental Disputes over Medical Treatment for Transgender Children

Navigating the legal landscape surrounding parental disputes over the medical treatment of transgender children can be complex and challenging. In Australia, several landmark cases have shaped the framework within which these sensitive and important decisions are made. Understanding these cases can help parents, guardians, and legal practitioners better…

The other parent won’t agree? These are your options.

As family lawyers we often encounter situations where one parent seeks to make significant decisions regarding their child without the consent of the other parent. This can include changing the child’s surname, obtaining a passport, or making other major decisions. It’s crucial for parents in these situations to…

Are they worth it? Binding Financial Agreements (BFA)

Although you may know them as “pre-nups”, Binding Financial Agreements (BFAs) serve as useful instruments for individuals aiming to safeguard their assets in the event of a relationship breakdown. BFAs provide couples with a structured framework to delineate how their finances and property will be managed. BFAs can…

Navigating Parenting Plans in Australian Family Law

Navigating the complexities of parenting arrangements after separation or divorce can be challenging for many families. As family lawyers with extensive experience in this field, we often assist clients in drafting parenting plans—a crucial tool in ensuring the welfare of children and how parenting will be managed. What…

Navigating Family Law as an LGBQTIA+ Individual or Couple

In the dynamic landscape of Australian family law, it’s essential to understand how legal procedures apply specifically to individuals and couples within the LGBQTIA+ community, whether they are in de-facto relationships or marriages. So often information is lacking for LGBTQIA+ people and the family law process is a…

Who Gets the Fur Babies? Understanding Pet Ownership in Australian Family Law

In Australian family law, the question of pet ownership can be as emotionally charged as disputes over property or child custody. For many families, pets like dogs and cats are cherished members, making it crucial to understand how they are treated in legal proceedings during separation or divorce.…

Plea deal in Hunter Valley bus crash sees 35 charges dropped

The high-profile case surrounding Brett Button, the driver behind the wheel of the fatal Hunter Valley bus crash last year, has made headlines once again this month as 35 charges were withdrawn and dismissed. On June 11th, 2023, a coach carrying 35 passengers returning to Singleton from a…

Murder charge dropped in Victorian cold case

Manny Conditsis, Senior Trial Advocate and Accredited Specialist in Criminal Law, assisted by Kayla Nielsen lawyer, achieved another extraordinary result in the Victorian cold case murder charge of Peter Wetzler. In September 2023, Mr Wetzler was arrested at his Newcastle home and charged with the murder of Debra…

Client charged with supply large commercial quantity of MDMA granted bail 

Michal Mantaj, Trial Advocate and Accredited Specialist in Criminal Law, recently appeared for a client charged with supplying a large commercial quantity of a prohibited drug, namely MDMA. It is very unusual for an individual charged with supplying a commercial quantity of drugs to be granted bail as…

Dangerous Driving & Police Pursuit Charges Withdrawn & Dismissed

Last week Michal Mantaj, Accredited Specialist in Criminal Law & Trial Advocate, appeared for a young man charged with taking part in a police pursuit. On conviction, the offence attracts a maximum penalty of imprisonment for a period of three (3) years and an automatic disqualification of a…

Serious criminal charges against a minor dismissed

Manny Conditsis, Senior Trial Advocate and Accredited Specialist in Criminal Law, and Francis Caesar Devine, Associate, achieved a phenomenal result for their client in a judge and jury trial at Gosford District Court last week. The trial began on Monday last week in relation to a number of…

Jennifer Crumbley convicted of 4 counts of involuntary manslaughter in the USA

What is Involuntary Manslaughter? There are two types of involuntary manslaughter in the USA [can vary as between states]: 1. Unintentional homicide – act(s) committed that amount to criminal negligence. Example 1– an ad hoc supposed health professional providing ‘care’ to someone that was so negligent that caused…

Two Birds, One Stone: Parenting and Property

Our Family Law Solicitor, Caitlin Jones, recently acted for a client, a father of two (2) children aged 11 and 9. Our client initially engaged and instructed our office as the mother had withheld the children from spending time with our client for a period of 2 months…

Michelle Bromfield has been shortlisted for the Women in Law Awards 2023

The Women in Law Awards is the most highly regarded awards program across Australia recognising exceptional women in the Australian legal industry. This prestigious national awards program presents an exceptional opportunity for leading women to showcase their achievements, attract more clients, and propel their careers on top of…

From no time to equal time – a father’s successful parenting mediation

Our Family Law solicitor, Natalie Russell, recently represented our client, a father of a five-year-old child, at a parenting mediation. Our client had initially started court proceedings in December 2022 in circumstances where the mother had not agreed to the child spending any time with him for six…

Manny Conditsis – Expert Defence Lawyer For Child Sexual Assault Matters

Senior Trial Advocate: Manny Conditsis In child sexual assault matters there are no winners. If the allegations are true then it is no doubt devastating and life changing for the complainant, however, if the allegations are not true, the allegations are also devastating for accused persons and their…

Kathleen Folbigg Pardon – Important Questions Answered

Has she been found Not Guilty? No. She has been Pardoned, meaning she has received the benefit of the Royal Prerogative of Mercy The Royal Prerogative of Mercy, relevantly,  is as it sounds, a process that leads to mercy given to a person previously convicted of serious crime.…

Festive Season and Family Law

With the festive season upon us, you may be wondering about the care arrangements available for Christmas Day and the holiday period for your children. There are no hard and fast rules when it comes to children’s care arrangements. That said, whether by agreement (parenting plan or consent…

Social Media and the Impact on Family Law Matters

‘If you don’t have something nice to say, don’t say anything at all’ In today’s society, social media is used, in varying degrees, by most adults. For many people social media is used to update friends and family about major life events and day to day events. Social…

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…

Conditsis Lawyers Proudly Supporting Friends With Dignity

The Conditsis Lawyers Newcastle team recently attended the High tea with Friends event run by Friends with Dignity at Merewether Surfhouse in Newcastle. The team had a great afternoon filled with inspiring speakers, good food, great company, a personal & mesmerising Story by My Other Closet – The Cabaret , Raffles with epic…

To Vaccinate or Not

The COVID-19 pandemic has seen society as a whole change over the last two (2) years. Since the introduction of a vaccine for COVID-19, the Family Law System has seen an influx of parents disagreeing as to whether to get their child/ren vaccinated. There is a presumption under…

Manny Conditsis named Australia’s Criminal Law Partner of the Year

Senior Trial Advocate and Managing Director of Conditsis Lawyers, Manny Conditsis, has been named Criminal Law Partner of the Year at the 2021 Lawyers Weekly Partner of the Year Awards. Mr Conditsis was accompanied by co-director, Michal Mantaj, and the Conditsis Lawyers team at the black-tie event held…

Can I be sacked for refusing to receive the COVID 19 vaccine?

The answer depends on who you work for, what you do for work, and why you refuse to get vaccinated. For the purpose of this article, let’s assume you are covered by the unfair dismissal provisions in the Fair Work Act. In those circumstances, your employer is required…

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,…

De Facto Relationships and Property Settlements

A de facto relationship can exist between two (2) people of the same or opposite sex. A de facto relationship can also exist even if one or both of the parties are legally married to someone else, or, in another de facto relationship. The Family Law Act provides…

Family Violence in Property Matters

In 1997, the Family Court in the matter Kennon v Kennon (“Kennon”) considered whether family violence could be relevant to and alter the outcome of a property settlement. The Court considered the impact of family violence on the contributions of the wife during the relationship, in the face…

Parenting Orders during a lockdown

As of Saturday, 26 June 2021, people in Greater Sydney, the Blue Mountains, Central Coast and Wollongong entered a COVID-19 lockdown providing that you must stay at home and only leave if you have a reasonable excuse. Is it a reasonable excuse to leave home to facilitate a…

Fast tracked family law process for disputes relating to COVID-19

If you have existing parenting arrangements/parenting orders that are not being complied with as a result of the COVID-19 lockdown, you may be able to file an application in the national COVID-19 list. The COVID-19 list provides a “fast-tracked” list that is dedicated to dealing with urgent family…

Alex Bailey named top criminal lawyer under 30 by Lawyers Weekly!

We are thrilled to announce that on Friday 11 June our criminal lawyer Alex Bailey won the Criminal Law category of the Lawyers Weekly Top 30 Under 30. These awards identify the top young lawyers across Australia, recognising the depth of talent and outstanding achievements of Australia’s young…

Christian Porter | Populist Opinion v Procedural Fairness & Justice

  Popular Opinion Where there is smoke there is fire [2020 Four Corners Program as to recent and historical inappropriate behaviour of Christian Porter] as well as the more recent allegations of sexual assault dating back to 1988 [33 years ago]. Irrespective of Police confirmation of its own…

Criminalisation of coercive control

This is a hot topic at present and rightly so. There needs to be and should be significant community discussion and education to do the subject justice. Is coercive control a form of domestic violence or abuse and should it be criminalised? The overwhelming answer is Yes! It…

No Jab, No Job?

Prime Minister Scott Morrison last month declared that the states have agreed it would not be unlawful to work in aged care without being vaccinated stating that “they’re not recommending that that be the case” but “that doesn’t mean that that mightn’t be a position in the future”.…

The position of adopted children in deceased estates

An adopted child has the same rights in relation to the adoptive parent(s) as a natural child born to those adoptive parents. If an adoption order is made, then pursuant to section 95 of the Adoption Act 2000 (NSW): the adopted child has the same rights in relation…

New Code of Conduct for the short-term Rental Accommodation Industry

The prevalence of online booking platforms has seen a significant increase in short-term rental accommodation. Booking platforms have made it very easy for letting agents and hosts to advertise and promote properties and for guests to find short-term accommodation. There has been a shift away from traditional short-term…

Do you have teenage children? You need to read this!

Did you know that it is a criminal offence to have consensual sex or any form of consensual sexual touching when one or both are under the age of 16 years? Example 1: the boy is 16 ½ and the girl is 15 ½ – it is a…

Don’t get sued for Christmas

As the relaxing of social distancing restrictions are coinciding with many workplaces holding their Christmas parties, it is timely to remind employers about their legal obligations to staff, to provide a safe environment at the Christmas party – as well as help employers manage their exposure to claims…

Hung Juries in Sexual Assault Trials

What does a hung Jury mean? In Australia, for an accused to either be found guilty or not guilty of a crime in a jury trial, the starting point is that the jury decision must be unanimous. However, after jury deliberations of about 8 hours or so, the…

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…

Challenging a Will as invalid

The grant of probate is based on the understanding that the Will is valid and represents the last testamentary intentions of the deceased. If you believe that the Will that is being propounded as the last Will of the deceased is not valid or that the application for…

Prepare your business for changes to consumer guarantees

From 1 July 2021, consumer guarantees under the Australian Consumer Law (ACL) will apply to a broader range of goods and services. The amending legislation broadens the definition of a ‘consumer’ to mean a person or business who acquires goods or services (on or after 1 July 2021):…

Proposed Changes to Stamp Duty in NSW

On 17 November 2020, the NSW Treasurer announced proposed changes to stamp duty including an election by property purchasers to pay a smaller annual tax in lieu of a one-off up-front lump sum based on the value of the property. Stamp duty has become a major barrier to…

Neighbours inherit waterfront estate

In Moore v Aubusson [2020][1] the plaintiff couple sought a declaration that the defendant executor held the whole of the deceased’s estate on trust for them in equal shares as tenants in common and an order that the estate be transferred to them. The claim was framed on…

Another Owners Corporation is barking mad (Round 2)

A couple of years ago, the Tribunal was asked to determine whether a by-law was invalid by virtue of section 139 of the Strata Schemes Management Act 2015 (NSW) (Act) in Yardy v Owners Corporation SP 57237 [2018][1]. Those proceedings involved ‘Baxter’ a small maltese cross terrier. The…

Woman sued over comment she posted on a facebook mother’s group

A Sydney based travel company commenced defamation proceedings against a member of a private mother’s facebook group that had close to 6,000 members. In Aaren Pty Ltd trading as Price Beat Travel v Arya [2020][1], the defendant published a post on the facebook page of a community group…

Extension of the Residential Tenancies (Amendment) COVID-19 Regulation

The Residential Tenancies (Amendment) COVID-19 Regulation 2020 (Regulation) introduced changes to residential tenancies in New South Wales on 15 April 2020. The Regulation was intended to operate for six months but has recently been extended to operate until 26 March 2021 (relevant period). The Regulation generally prohibits a…

Are you an Impacted Tenant?

We recently reported on the extension of the Residential Tenancies (Amendment) COVID-19 Regulation (NSW) to 26 March 2021 and the matters that the Tribunal may take into account in determining whether a termination notice or termination order is fair and reasonable in the circumstances. The Tribunal recently heard…

Council’s failure to notify a development application

In Simpson v Wakool Shire Council (2012)[1], the Council granted consent to a development application to use an existing industrial building for a dairy processing plant. Mr Simpson commenced judicial review proceedings in relation to the Council’s failure to notify affected landowners. There were two Development Control Plans…

That’s One Big Food Fight

McDonald’s has commenced proceedings in the Federal Court claiming that its competitor, Hungry Jack’s has infringed it’s ‘Big Mac’ trademark with a lookalike burger called the ‘Big Jack’. The ‘Big Jack’ burger was trademarked by Hungry Jack’s earlier in the year. The Plaintiff, McDonald’s Asia Pacific, claims that…

Extension to the Retail and Other Commercial Leases (COVID-19) Regulation 2020

On 23 September 2020, the NSW Treasurer announced that the Retail and Other Commercial Leases (COVID-19) Regulation (Regulation) 2020 will be extended to 31 December 2020. Previously, the Regulation was due to expire on 24 October 2020. The extension is welcome relief for tenants. The Regulation incorporates the…

New form of developer investment: Build-to-rent schemes

Build-to-rent housing projects in NSW are relatively uncommon. That position is anticipated to change with the NSW Government recently announcing reform to the planning and tax provisions governing build-to-rent schemes. Build-to-rent refers to a residential development in which all apartments are owned by the developer and leased to…

Petty Neighbourhood Squabble ends in Court

A Balmain neighbour has been ordered to pay $300,000 in damages plus interest and legal costs for defaming her neighbour on “A Current Affair” in a 2016 broadcast. Rothman J found the neighbour’s comments on the television broadcast were defamatory of Mr Cosco. Interestingly, the Plaintiff Ms Cosco…

When an emoji gets you into trouble

In the high-profile District Court case of Burrows v Houda [2020] NSWDC 485, the Court was asked to consider the meaning of the “zipper-mouth face” emoji on twitter. The case involved a twitter thread discussing the Plaintiff’s alleged misconduct as a lawyer. An “emoji” consists of pictographs of…

Statutory demands and temporary COVID-19 measures

Ordinarily, service of a statutory demand on a debtor company is a remedy under the Corporations Act 2001 (Cth) available to a frustrated creditor when they are owed a debt that is $2,000 or more. A debtor company would normally have 21 days in which to comply with…

Building Bonds – Residential Strata Buildings

Developers of new residential strata buildings that are four storeys and higher are required to pay a building bond to the NSW Fair Trading equal to two percent (2%) of the building contract price. This is a requirement under the Strata Schemes Management Act 2015 (NSW)(Act). The developer…