Some Useful Legal Tips You May Not Know

| Thursday, February 21, 2013
By Andrew Symonds


Generally, the knowledge of regulatory law in respect of road accidents is privy to the lawyers to defend the case. Many of you might be aware that police issue forfeiture orders impounding the vehicle involved in the accident. You may be surprised to know that the SA Supreme Court has held that such car forfeiture orders are invalid. It was contended that the courts have no option to reject the application of the police and that such penalty would be double jeopardy.

You are eligible for compensation in a hit and run accident case where the identity of the rogue driver is not established. If it is proven that in spite of 'due inquiry and search' the driver at fault cannot be ascertained, a claim for hit and run compensation can be filed against the 'Nominal Defendant'. The compensation is paid from the fund created under the Compulsory Third Party Insurance Scheme.

The answer to the question "Does a will have to be witnessed?", is very unambiguous. The Section 8 of the Wills Act clearly stipulates that the testator shall acknowledge the Will only when the Will duly signed by the owner of the property in the presence of at least two witnesses. This provision is obligatory to authenticate the will and to relieve the witnesses of their doubtful integrity.

In case a ticket is served for remitting the 'on-the-spot-fine' for non-observance of traffic provisions, you can choose to refuse to pay. However, the lawyer issues an expiation notice in the prescribed form. By such a refusal, you are indirectly agreeing to be tried for prosecution in a court of law. If the accident had occurred for some safety purposes or on a humanitarian ground, the notice can be withdrawn if you approach the authorities through the speeding ticket lawyer.

The existing Restraining Orders have been replaced by the South Australia to term them as Intervention Order. In case the police perceive that a person needs to be protected, you may get an intervention order which becomes effective immediately. You can be heard within eight days before the Magistrate who may confirm, modify and substitute or even revoke the order. The Intervention Order is valid till it is revoked since there is no "sunset clause".

The stipulations under the Summary Procedure Act clearly state as to "when is a defendant awarded cost?" The court considers the fit case for awarding the costs to the defendant in individual instances. The ambiguity in the provisions is removed by the Supreme Court emphasizing that the successful defendant is entitled to an award of costs. Only for good and sufficient reasons, the successful defendant is not granted the award of costs.




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1 comments:

Anonymous said...

Ah,
thanks a lot for this information. I didn't know that these facts. Here is some more info I thought would be nice to share :-
http://websterslawyers.com.au/what-needs-to-be-done-when-youre

-injured-in-a-hit-and-run-car-accident/
| hit and run

compensation

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