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Nicholas stewart   law advisor

Nicholas Stewart

Partner at Dowson Turco Lawyers

6 years PQE
Newtown, NSW, AU
    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    0 lawyers agreed | over 8 years ago

    Innocently charged for drug trafficking

    You should not plead guilty to the trafficking charge without giving a lawyer full instructions and considering your options. You may be able to defend the charge or you might be able to negotiate a different charge with police.




    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    1 lawyer agreed | almost 9 years ago

    low range pca info

    Yes, you can proceed on that basis but you'd have to accept the initial reading.


    This would then be a case of entering a guilty plea on those facts, doing a traffic offender course and preparing character references.

    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    0 lawyers agreed | almost 9 years ago

    Criminal conviction

    It depends. If you plead guilty and you get a "dismissal" under say Section 10 of the Crimes (Sentencing Procedure) Act then you will only have a "record" for the duration of any bond attaching to the court order. When the bond expires, so does the record.


    But if you plead guilty and the court convicts you, you will have a record for the duration of time specified int he records act (usually about 10 years).


    In addition, you should be aware that there are different kinds of records and any interaction you have with the NSW Police or the court will be noted somewhere on a file. Only certain matters are disclosable and so the question becomes whether you have to disclose particular offences.


    What is the criminal charge you are referring to?

    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    0 lawyers agreed | almost 9 years ago

    Freezing assets during criminal investigation

    In short, the answer is, yes, but it depends on the type criminal proceedings involved.

    For example, under the Criminal Assets Recovery Act 1990 the NSW Crime Commission may seek a "restraining order" - an order that no person is to dispose of or attempt to dispose of, or to otherwise deal with or attempt to otherwise deal with, an interest in property to which the order applies except in such manner or in such circumstances (if any) as are specified in the order.

    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    0 lawyers agreed | almost 9 years ago

    Criminal and property law

    I'd need further particulars to help you with this problem. For example:


    (a) what are the criminal charges and who were they laid against?

    (b) what did the garnishee relate to and who owes money to whom?



    Nick

    Based on the limited facts provided, this may constitute actionable trespass to land. The appropriate remedy would be damages or mandatory injunctive relief.


    This is not legal advice and should not be relied on for any purpose. If you wish to engage my legal services please contact me directly.Liability limited by a scheme approved under professional standards legislation.

    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Kristy Howell 's answer on Victim of crime definition
    almost 9 years ago

    1. A person who suffers harm as a direct result of an act committed by another person in the course of a criminal offence in NSW.


    2. A member of the immediate family if someone dies as a result of an act committed.

    This includes children and young people who have been harmed as a result of a criminal offence.

    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    2 lawyers agreed | almost 9 years ago

    My drive licence is getting suspended in nsw what options do i have

    If you are not on a good behaviour bond with Roads and Maritime then you have a right to appeal the decision to suspend you. I am assuming you are guilty as charged but seek a lighter penalty, namely no suspension.

    The process would be to lodge a notice thatyou want the matter heard by a court. You wouldcomplete the back of the form issued to you or lodge anotice online using the particulars on the form issued to you.

    The court will then allocate a court date and on that date you'll be required to attend the court.

    When you go to court you will have an opportunity to present a case for why your licenceshould not be suspended. You would be asking for the court to make a Section 10 order under the Crimes(Sentencing Procedure) Act. This would, if you are successful, have theeffect of the court dismissing thesuspension notice in exchange for your "guilty" plea and on the basis that youare of prior good character.

    If youare self-representing, youshould:

    (a) give evidence of your good character in the form of character references from people who themselves are of good character;

    (b) commenthonestly in relation to your driving history, how long you've been driving for and what your record is like;

    (c) demonstrate a legitimate need for a licence such as the requirement to hold down a job; and

    (d)tell the court about anything else impacting your circumstances or anything at the time of the offence that might be relevant.

    Make sure you are prepared and have original documents. For example, character references and remember your employer might be able to write a letter in respect of your need for a licence.

    The court has absolute discretion here and would consider the evidence before it. The court would also look at the circumstances of the offence such as what time you were driving, what the weather was like, where you were driving, what the road surface was like, whowas around and how many cars were on the road.

    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Christopher Heazlewood 's answer on secondary employment
    almost 9 years ago

    It is likely that your employer has a policy on working a second job. Look first at HR policies. Your employment agreement and/or award where applicable may also deal with this issue.


    A general issue is whether or not the second job may conflict in some way with the interests of your primary employer. The other issue is whether working a second job will impact on your ability to perform the duties of your primary job. Eg coming to work exhausted because of your secondary job.

    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Chris Wall 's answer on Wills for the care of a child
    almost 9 years ago

    Your ex remains an "eligible person" under the NSW Succession Act, so the first step is to make sure you have a property division with the ex, and include in any Binding Financial Agreement appropriate clauses to help prevent the ex from making a claim. There are other things that can be done, depending on the amount of assets involved and the chance of that happening.

    Normally anything left to someone who is under 18 at your death can be used for their benefit, for things such as education, support etc, and it would be your executor who would decide what should be paid.You should appoint someone you trust, and give them a gift instead of "commission" or payment. One option is even to appoint your ex with or without another personif you die before your son reaches 18 or 21 (and only for the period until he reaches say 21 etc) , but if you die after that, to appoint your son himself. Your executor is bound by the terms of the will and the trusts set up by it.

    You canput inspecific terms of the trust which operate as binding directions to your executor, but beware of "ruling from the grave" too much...you don't know when you will die, you don't know who will survive you,and you can't assume you will own then what you do now.

    Any good lawyer/estate planner will get details of your assets, super,any other financial resources (eg the life insurance), exactly who owns each thing, details of your family, and then what you want to do, and only then consider the best way to achieve your objectives in a costs effective way.

    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    1 lawyer agreed | almost 9 years ago

    State role in intestacy

    No, in NSW the Succession Act provides a hierarchy eligiblepeople to claim on an intestate estate. People like your spouse at the time of your death, your children and other family members including parents may have a claim under the prescribed eligibility tree. You should nevertheless draft a Will because it will allow you to exercise some control as to who gets what and when. Bear in mind, though, that a Will does not prevent eligible people from claiming more from your estate than they were given under the Willor claimingapart of the estatein circumstances where you excluded them entirely in your Will.
    Nicholas stewart   law advisor
    Nicholas Stewart answered a question
    2 lawyers agreed | almost 9 years ago

    Importing Cocaine

    Hi mate, this is very serious and we'd be happy to chat free of charge to give you guidance. Typically, you should consider our advice before entering a plea. We'd need more information about the facts of the case and how you were caught. We'd also need to know more about you and your background.

    If this was a guilty plea, we'destimate $7,000.00 + GST for sentencing including reps to police to negotiate the charges, psych report, pre-sentence report, extensive submissions, character reference material and all incidental mitigation work.

    If this was adefended hearing youwould be looking at $20K +.

    You can checkus out at www.dowsonturco.com.au

    It is impossible to give you any meaningful advice without more information, but in general terms, it depends on what led to you to believe that you had to pay the lower amount. If it was your own carelessness in failing to read the contract properly, then most likely you will have to pay.


    If the other party said or did anything to make you believe that you had to pay less than what was actually provided in the contract, or if they knew that you were under the wrong impression but did nothing to correct your understanding, then you may have a remedy in law. In that case, you should go and see a solicitor and talk through the situation.

    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Wai Kaey Soon 's answer on Complicated contract terms
    almost 9 years ago

    This is the perfect occasion to retain a lawyer, whether a solicitor or a barrister, for advice.


    Retaining a solicitor has the added advantage of the solicitor being able to act for you in further negotiations and, if you provide instructions and authority to do so, sign the contract on your behalf (a barrister cannot generally do so due to the nature of their profession and work.)


    You should not feel forced to agree to a contract that you do not understand and you always have the option of reviewing the contract, coming back later, and even suggesting amendments that might make the contract fairer. Signing a contract has important legal consequences and you should not do so unless you understand the contract and / or have been advised by a lawyer as to what the contract means.


    Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.


    Liability limited by a scheme approved under Professional Standards Legislation
    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Val Antoff 's answer on Charitable trust creation
    almost 9 years ago

    Yes, it is possible to give your estate to a charity in your will.


    Leaving your estate to a charity is a commendable act and to ensure that your gift does not fail you should be aware that:


    • There are certain categories of eligible persons who can make a family provision claim if you have failed to provide adequately for them in your will. Eligible persons in Western Australia are your:
      • spouse or de facto partner
      • former spouse or de facto partner if they were entitled to receive maintenance from you at the time of your death
      • children regardless of their age
      • grandchildren
      • step children
      • parents

    • You should do some homework about your chosen charity.
      • What is the precise name and address of the charity – ask for the ABN
      • Is your intended beneficiary really a charity
      • Will the charity accept the type of gift that you wish to make, or has the charity a preferred form of bequest.
    • You should consider giving your executor the power to select another charity which will fulfil the charitable purpose of the original charity because your chosen charity may have stopped to exist or may refuse your gifts.

    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Rhys Ryan 's answer on Importing Cocaine
    almost 9 years ago
    Drug importation is a serious criminal offence in Australia carrying significant penalties. The penalty for importing a ‘border controlled drug’ such as cocaine is 2 years or $72,000*, or both. If the amount of cocaine imported is greater than 2 kilograms, the maximum penalty increases to life imprisonment and/or $1.35 million*.

    In Australia, if a person is found guilty of a crime, the court will impose a sentence that reflects the severity of the offence in all the circumstances of the case. This means that the maximum penalty available will not necessarily be imposed by a court.

    When sentencing an offender, the court will consider many factors such as the nature and circumstances of the offence, the impact on the victim, the offender’s remorse and cooperation with police, and the offender’s character and personal circumstances. Any previous offences will also be considered by a court.

    Given the seriousness of the penalties attached to drug importation, it is recommended that you speak to a lawyer about your case. By pressing the "Take Action" button - which opens late July - LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

    (*Penalty amounts effective from 31 July 2015)
    Nicholas stewart   law advisor
    Nicholas Stewart agreed with Val Antoff 's answer on State role in intestacy
    almost 9 years ago

    No, your estate does not revert automatically to the State if you die intestate.


    In Western Australia the property of a person who dies intestate is distributed according to a legislated will found in the Administration Act 1903 (WA).


    The property will pass to the Crown if a person dies intestate leaving no husband or wife and no issue, parent, brother, sister, child of a brother or sister, grandparent, uncle, aunt or child of an uncle or aunt.


    The following is a decision tree about entitlements on intestacy in WA.



    Nicholas stewart   law advisor
    Will cover

    Why you need a Will

    This article was written for SX News in the post Sydney Mardi Gras season of 2014 In the past few weeks you will have noticed a general tone in my articles. That tone has been of the criminal/risk-averse kind in the lead up to Mardi Gras season, about how to party safely and about how to be prepa...
    Nicholas stewart   law advisor
    Court

    What's a Section 10? Criminal records in NSW and the natures of Sec...

    This article first appeared in SX News in 2014  Those in the know (and even those in the unknown) are aware of ‘Section 10s’.  You’ll often hear at a house party, “Marty was caught with 8 pills and got a Section 10!”   The real question for Marty is what kind of Section 10 did he get? It’s an imp...