Breaking the cycle

Breaking the cycle

9 years ago today I was admitted as a lawyer in the Supreme Court but statistically the odds were against me.

My mum had me at 19. Young love didn’t last and my parents separated shortly after.

My well meaning parents and step parents did the best they could amid a complex concoction of family violence, alcoholism and mental illness.

They say it takes a village to raise a child. And my village was housing commission. I was quickly exposed to people from all weird and wonderful walks of life. Neighbours with “ankle bracelets”. Single mums doing their best and an army of fellow “houso” kids. We rallied together making the best of what we had, forming incredible bonds and memories in the process.

No-one in my family finished high school. University was something “other” people did. I was more likely to see a lawyer for help than be a lawyer.

But I did finish high school. I got a job. I worked full time and studied part time. I chipped away at each subject and the rest is history…

I tell this story in the hope there is just one child, teenager, woman or man out there who has a big goal (or a small goal) or who thinks that the odds are stacked against them and who needs that encouragement. You have got this!

It won’t be easy. It won’t be without tears, failures and self doubt. But take that first step. Fall down, rest and pause when you need too but don’t give up. Because one day you will look back at what you have achieved and be proud you kept going.

How are you? I’m fine.

How are you? I’m fine.

COURT IMPOSED FINES EXPLAINED BY COASTAL LAWYERS…

If you have pleaded guilty to a criminal or traffic offence or if you have been found guilty of an offence then a Magistrate (if you are in the Local Court) or a Judge (if you are in the District Court) will need to sentence you.

A number of sentence options are available to a court when dealing with a person before them (known as the offender at the time of sentencing).

The most common penalty imposed by NSW courts is a fine.

In this blog post, we discuss court-imposed fines. Fines can also be imposed by local councils and other government organisations as well.

THE LEGISLATION (LAW):

The two main pieces of legislation (the law) that you need to be aware of when it comes to fines are the:

  • Crimes (Sentencing) Procedure Act 1999; and

  • Fines Act 1996

HOW MUCH WILL MY FINE BE?

Each offence has a penalty unit attached to it. A penalty unit is equal to $110. For example, if you see an offence is 5 penalty units (pu), the maximum fine a court can sentence you too is $550.

A Coastal Tip: You can find out the penalty for most criminal offences on the Law Part Codes website.

WHAT IF I CAN’T PAY A FINE?

The court is required to take into account your ability to pay a fine when setting the amount (section 6 of the Fines Act). If you can’t pay a fine, the court may impose an alternative penalty such as a community service order.

HOW LONG WILL I BE GIVEN TO PAY A FINE?

The Court will order that you pay the fine within 28 days (section 5 of the Fines Act).

If you don’t pay your fine within 28 days, you will be charged an additional $65 fee by Revenue NSW.

A Coastal Tip: If you can’t pay the full amount of your fine within 28 days, it is important to seek an extension or ask to pay by instalments to avoid any additional charges. You can find the ‘Application for Time to Pay Court Fines’ in the local Court here.

HOW DO I PAY MY FINE?

You will usually be sent a penalty notice in the mail which you can pay online (or via credit card or EFTPOS at the court).

WHAT WILL HAPPEN IF I DON’T PAY MY FINE?

Many people don’t fully appreciate the range of consequences which flow from failing to pay a fine. Some of the consequences include:

  • The fine can increase with additional charges for late payment

  • Your licence can be suspended

  • A sheriff can be sent to your house to take property in payment of the fine

  • Your bank account can be garnished (money is taken out to pay for the fine)

  • You may be ordered to undertake community service.

WORK AND DEVELOPMENT ORDERS

If you cannot pay your fine, you may be eligible to make an application for a Work and Development Order (WDO) through Revenue NSW. To be eligible for a Work and Development Order, you must meet one of the criteria:

  • Have a mental illness;

  • Be homeless

  • Have an intellectual or cognitive disability

  • Have a series addiction or

  • Be facing serious financial hardship.

If you are eligible for a Work and Development order, you will generally be entitled to undertake courses, counselling and/or community service to pay off your fine.

IS A FINE A CONVICTION?

Yes. If you go before the Court and receive a fine this is a criminal conviction. Criminal convictions can have an effect on your future and therefore it is crucial to obtain legal advice from an experienced criminal lawyer prior to going to Court.

DO YOU NEED A CRIMINAL LAWYER ON THE CENTRAL COAST?

If you are going to court (even if you think you will ‘only get a fine’) you need a Central Coast Criminal Lawyer to help you.

Coastal Lawyers will provide you with simple language legal advice and set out your options prior to going to Court so you an informed.

ADDITIONAL RESOURCES/INFORMATION:

Courts and Government agencies:

Legal Resources:

Free Legal Advice:

WHO ARE COASTAL LAWYERS? 

Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance. 

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu". 

 

DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE): 

The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.

The rules about securing your car in NSW

The rules about securing your car in NSW

‘I am just going to duck in and grab the paper”

Many of us could be breaking the law every day and not even realise it.

Ever quickly ran into the newsagent to buy the paper on a Sunday?

What about popping in to pay for petrol?

Or maybe it was your shout to grab the 4 x soy lattes (extra hot) from your local cafe?

If you’ve done any of the above and left your windows down or car unlocked, then you might be in for a little surprise when you return to your car.

In NSW the police can fine you for not properly locking your car or winding up your windows.

What about, if no one is in the car? What if a child is left alone, do you need to take the keys out of the ignition?

THE LAW:

Regulation 213 (5) of the Road Rules 2014 (NSW) – Making a motor vehicle secure.

WHAT DOES THE LAW SAY?

Essentially if you are moving more than 3 meters away from your car, the car must be locked and the windows secured.

Interestingly, the windows can be left down by up to 2cm and still be secure.

This road rule also says that if you leave the vehicle unattended or with a child or person under 16, you must take the key out of the ignition (Regulation 213 (4)).

(You also need to be aware that leaving a child in the car alone can also be an offence section 231 Children and Young Persons Act 1998). More on that in another post.

WHAT IS THE PENALTY?

Get caught breaking this law and the police can fine you $114.

If you choose to take the matter to court, the maximum fine the court can impose is 20 penalty units ($2,200).

Something to think about the next time you duck in to grab a pizza. Delivery might be the cheaper option.

DO YOU NEED A TRAFFIC LAWYER ON THE CENTRAL COAST?

If you are going to court (even if you think you will ‘only get a fine’) you need a Central Coast Traffic Lawyer to help you.

Coastal Lawyers will provide you with simple language legal advice and set out your options prior to going to Court so you an informed decision.

WHO ARE COASTAL LAWYERS? 

Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance. 

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu". 

 

DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE): 

The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.

What should I wear to Court?

What should I wear to Court?

WHAT SHOULD I WEAR TO COURT?

Life isn’t perfect but your outfit can be!

Going to court? Not sure what to wear?

At Coastal Lawyers we are quite the fashionable bunch (or maybe we just like good old fashioned practical advice that people can use).

So here it is, Coastal Lawyers top fashion court trends for 2021 (and beyond).

DON’T GET TOO COMFORTABLE

Wear what makes you feel comfortable BUT…..not too comfortable. It is not a day out at the beach. You aren’t going out for cocktails or beers with your friends. It is a serious occasion and a serious environment, so dress with that in mind.

COVER UP THE TAT’S

First impressions last and while society has progressed and many of us lawyers now even have tattoos, the law and particularly the courts are still very conservative places. The Magistrate is unlikely to enjoy your ink as much as your friends.

CONSERVATIVE

Dressing conservatively shows that you respect the court process and are taking your matter seriously. This will not go unnoticed by the Magistrate.

So dress to impress but also dress in what makes you most comfortable and authentic.

You don’t want to be a nervous Nelly or a fidgety Fred because you have dressed in a suit for the first time or because you are wearing 6 inch heels when you are more comfortable in flat shoes.

  • Men should preferably wear a suit and tie BUT if you are not comfortable in a suit then opt for some dress trousers and a button up shirt.

  • Ladies, again a pant or dress suit is preferred however anything on the conservative side is better.

WHAT TO AVOID?

  • Plunging necklines.

  • Singlets

  • Short skirts

  • Shorts

  • Thongs

  • Showing off tattoos and piercings.

COASTAL LAWYERS TIP: If you don’t own any court suitable clothes then head down to your local op shop and you will be surprised what $20 can buy you.

Alternatively, put the call out on social media. You are bound to have some friends who can loan you an outfit for the day.

ADDITIONAL RESOURCES/INFORMATION:

Courts and Government agencies:

Legal Resources:

Free Legal Advice:

DO YOU OR SOMEONE YOU KNOW NEED A CENTRAL COAST LAWYER FOR COURT?

If you are going to court for a criminal law or traffic law matter on the Central Coast then Coastal Lawyers can help.

Coastal Lawyers attend the following Courts:

  • Gosford Local Court

  • Gosford District Court

  • Wyong Local Court

  • All Central Coast Children’s Courts.

Coastal Lawyers provide clear and easy to understand legal advice.

We pride ourselves on being frank, honest and open with our clients.

We set out all of your options in simple language so you can be confident to make decisions about your future.

WHO ARE COASTAL LAWYERS? 

Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance. 

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu". 

 

DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE): 

The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.

Good Behaviour Licences in NSW

Good Behaviour Licences in NSW

Below is a snapshot of the Good Behaviour licence system in NSW. 

Good Behaviour Licence nsw

WHO ARE COASTAL LAWYERS? 

Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance. 

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu". 

 

DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE): 

The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.