Articles

Have you been charged with a drug offence? You may like to consider the MERIT Program.

You should consider participating in the MERIT Program (Magistrates’ Early Referral into Treatment Program) if you are a regular drug user and you have been charged with a drug offence. This is a voluntary drug rehabilitation program for adults. The program is based in Local Courts in New South Wales with an aim to put a stop to the cycle of drug use.

The MERIT program must be completed prior to your sentence date. You will need to see a MERIT officer who will assess you for eligibility. Referral to the MERIT Program may be made by the various people including by the Police, a Magistrate, a lawyer, family or you.

You will be closely case-managed by the MERIT Team who will send regular progress reports to the Magistrate. During the time of your participation, you must comply with all conditions of bail, the MERIT treatment plan and appear before the Magistrate during this period for the compliance check dates.

Participation in the MERIT program can take up to 3 months. Upon the completion of the program, the Magistrate will receive the final report from the MERIT team. A successful completion of the program will be taken into account which usually results in a discounted penalty as it reflects your willingness to […]

Off the Plan Purchases

With our practice in Burwood, every day seems to bring changes to our skyline. This is the case in many Sydney suburbs, other parts of New South Wales and Australia. Construction, particularly along transport corridors, is booming and heading upwards. What does this mean for the purchaser and how is it affecting conveyancing?

A major change is that many purchasers are buying “Off the Plan” for the first time. With an “Off the Plan” purchase the Vendor sells a property that is in the planning phase only or at best, partially constructed. The Vendor is usually developing a large site with a lengthy construction period.

“Off the Plan” provides the Vendor with the advantage of locking in up to 100% of their sales before the soil is turned or the first nail hammered!

What do you need to know as a Purchaser?

Typically you will see an illustration of the planned development and visit a display site. If this display site is not located at the actual planned building site, ensure you visit that location and check the surrounding area and amenities.

Display sites provide an idea of your future dream living quarters. Draft plans, for both the entire development and individual units/townhouses within the development, are on display for your perusal. Agents will be occupied selling you the “image” and lifestyle of the site you […]

Save yourself the financial and emotional heartache down the track! Get a Pre-Purchase Inspection.

It may seem one of the more tedious aspects of buying a property, but pre-purchase inspections can save you considerable expense in the long run, not to mention the stress and hassle post-purchase. The issues that the reports reveal may not always be apparent without professional enquiry. It is important you always use a suitably qualified person to provide the report.

Here we are talking about pest, building and for apartments, a strata report which are carried out before you exchange contracts (or expiry of the cooling-off period.) The reports provide an arms-length and impartial perspective of the property about matters that might not be disclosed to you earlier. It’s all too late once the contract becomes unconditional!

The Building Inspection Report

No dwelling, in any price bracket, is perfect. Wear and tear goes hand-in-hand with property ownership. Every property requires upkeep. A property inspection report will assist you in making an informed decision about the existing condition of the property – and whether to proceed or not. Obtaining a building inspection can help you avoid purchasing a building with major structural issues and should you wish to proceed with the purchase the report will assist you in budgeting for repair costs.

Strata Report

Strata title properties must keep a record of their meeting minutes, budgets, rules, […]

Serious and repeat drink driving offences

For offences committed after 1 February 2015, stricter penalties for NSW drivers convicted of serious and repeat drink driving offences apply. Under the new laws you will be restricted to driving a vehicle that has an alcohol interlock device for a period following your return to driving.

On your sentence date if you are convicted of a high range, repeat or other serious offence the court will order:

• A disqualification period, and
• A participation period in the interlock program

The court may grant an exemption from the interlock program in limited circumstances.

What is an interlock?

Interlocks are electronic breath testing devices linked to the ignition system of cars, motor cycles and heavy vehicles. You must provide a breath sample that the interlock analyses for the presence of alcohol before the vehicle will start. If a positive sample is detected the vehicle will not start. Randomly-timed breath tests must also be passed during a journey.

Penalties:

LR PCA – second offence within 5 years

Minimum interlock participation period – 12 months

Minimum Disqualification compliance period – 1 month

HR PCA or Refuse/Fail to Submit to Breath Analysis – first offence

Minimum interlock participation period – 24 months

Minimum Disqualification compliance period – 6 months

HR PCA or Refuse/Fail to Submit to Breath Analysis – second offence within 5 years

Minimum interlock participation […]