Provided you  are certain that you were not exceeding the speed limit at  the relevant time challenges may be  open to  the  method,  management  and  record  system  of  the testing procedure.  Hence  challenging the validity of  the testing procedures  and mechanisms  used.  The Statutes and Regulations  place certain burdens in respect of  the maintenance, measurement and calibration of  mechanisms and  equipment used upon the public  entities that manage them:

Recent decisions have successfully challenged the validity of infringement notices issued in respect of speed cameras due to defects in the photos taken, devices used, evidence and certificates  prepared. Defective evidence will  either be held inadmissible or of little probative weight. Without evidence charges will either fail or be dismissed.

Hence if you  receive  a speeding fine in  circumstances where you  are sure no  speeding took place, and wish to challenge the charge, you should contact us before paying any  associated fine or returning the court election notice.

There is much that can be done by creditors. We have had considerable experience in the recovery of debts and have a very high record of success. In the course of that work over many years there are some fundamental rules which have not changed and ought to be followed by persons who  are putting themselves in the position of being owed money. However they are more observed in the breach than otherwise. Some of those lessons are:

1.  Prevention is better than cure.  That is not to say that we  do  not appreciate that in many  instances small business depends upon allowing some credit for the  sake of   capturing business.  However surprisingly often the  inadequate record keeping of  the  transaction leaves the  prospective creditor exposed.

2.  Quickly recognising and acting upon a prospective bad debt and the manner in which that should be done.

3.  Basic terms if further credit is to be granted.

4.  How best to decide what action  is to be taken if steps are to be taken for collection.

Unfortunately it would appear  that the legal system provides various avenues of  which debtors may take advantage. Observing and  acting upon even just the above advice can considerable diminish their success.

Certainly owners and developers need to be aware that there are very  strict time limits for their  responding to a claim (usually a progress claim by a builder) and failure to meet those time limits results in the builder being able to recover a judgment for the amount the builder has claimed and to enforce the judgment in the same way as any other judgment can be enforced. The scope for an owner or developer to avert the  enforcement of  such a judgment is very  limited and ought not be relied upon as an avenue for ignoring the strict time limitations.

It is not all clear sailing for the builder however.  There are strict criteria for how  the builder is to proceed and failure to get it right could make the advantage they initially had fail.

The legislation provides for an adjudication process. In other words if each side follows the preliminary steps correctly then the difference between the parties is determined by an adjudicator who  is also bound by a  strict time line.

All in all, a builder with all steps being properly followed could achieve a judgment within one month of commencing the process and then either be paid or be in a position to proceed to enforcement.

What is essential is that the builder, owner and developer need to take the way in which the legislation operates seriously and properly prepare themselves for the adjudication.  That is from the very start of any  moves under the legislation by a builder and the owner and the developer to respond. By doing so:

a.  the respective claims are more suitably presented;
b.   considerable time and expense will be saved; and
c.   it diminishes the effect of having to act urgently through
delay in preparation.

A further Act which needs to be considered by persons in this industry is the Contractors Debts Act 1997 which can apply in parallel in  certain circumstances. This firm  has extensive knowledge and experience  in  respect of  this legislation and  welcomes any  enquiry from any  party to whom such legislation applies as to their respective rights under the legislation.

The law has special procedures for  people who  wish to challenge a Will which are listed in the Family Provision Act 1984 of New South Wales and pursuant to s 6, you must fall under one of the following categories:
•  Spouse;
•  De Facto spouse (or even a same sex spouse);
• Former spouse;
•  Child;
•  An individual in a domestic relationship with the deceased, perhaps you provided domestic support or personal care due to any in captation of the deceased;
•  A grandchild of the deceased provided you are wholly or partly dependent on the deceased;
•  Finally,  any  person who  is wholly or  partly dependant on the deceased and lived in the same household as the deceased.
You may feel that you  have not been adequately provided for or at all from the estate of the deceased and there are avenues you can approach in an attempt to obtain what is rightly yours, for example:

1. You can challenge a Will on the basis that you were not fairly and properly provided for in the Will and you are entitled to get more than you were allotted.

2. It may be the situation where the deceased was not of a sound mental capacity to make a valid Will;

3. Perhaps the Will  is an old one and no  longer valid; or perhaps there is a Will that super cedes it.

4. Did  anyone interfere with the Will  after it had been signed;

5. Perhaps the Deceased was coerced into removing you or others from the Will in order to benefit somebody else.

If you would like to discuss issues relating to a Will or would like to challenge a Will, please contact us.

This will  provide protection   for    consumers  who may be vulnerable  to   financial hardship arising  from telecommunications debt.  It will also implement methods designed to assist consumers and for the most part the young consumers to avoid unexpectedly high mobile phone bills.

Committee comprising of consumer and industry representatives developed the code with the backing of the Australian Communications Industry forum.   Carriers and service providers have six months to implement a number of improved methodologies. If you have any complaints about credit management within the Telecommunications Industry and are not satisfied with  the response of  your service provides,  you   should contact  the   Telecommunications Industry Ombudsman.

One method of protecting yourself in these circumstances is to sell your goods with a term contained in your sale document known as a Retention of Title Clause (ROT).

By imposing a condition in the terms of  sale that the seller retains title  of  the goods allows you  to claim against a administrator, liquidator or trustee in bankruptcy that the property, that is to say the ownership of the goods, has not passed to your customer until such time as payment has been made.

There are important points to remember in order to give maximum effect to the ROT Clause. They include:-

1. Having a well drafted clause.

2. The goods upon which you are claiming to retain title must be clearly identifiable.

3. The ROT Clause should not be drafted too broadly so as to create any  uncertainty.

The effect of the ROT Clause allows you, being the seller, to enter on to the customer's premises and recover your goods in the event that payment has not been received.
Such a clause can also ensure that your goods do not form part of your customers general stock and fall into the hands of any  administrator, liquidator or trustee in bankruptcy.

The law does not specify:-

1. the type of smoke alarm which must be fitted;

2. its location; nor

3. who  is obliged to maintain the smoke alarm. In  those  circumstances please ensure  that at least a battery powered smoke alarm is fitted your properties.  Electric smoke alarms are preferable, even if more expensive to install.  Please ensure that the tenant is required to maintain the smoke alarm, and to ensure that at all times it is in working condition. This will mean that the tenant is to be required to change the battery if it stops working.