Dominic Tam Solicitor & Barrister

30/08/2025

🏡 Looking to buy your first home?

I can help you navigate the process with ease!

​The Australian Government's Home Guarantee Scheme, administered by Housing Australia, is making homeownership more accessible. If you're eligible, this initiative could help you secure a home loan with a smaller deposit, potentially as low as 2% or 5%, and without needing to pay Lenders Mortgage Insurance (LMI).

​Who is eligible?

​Eligibility varies depending on the guarantee you apply for, but key criteria often include:
✅ ​Being an Australian citizen or permanent resident at least 18 years old.
✅ ​Meeting specific taxable income caps (e.g., $125,000 for individuals, $200,000 for joint applicants).
✅ ​Being a first home buyer or not having owned property in Australia in the last 10 years (for some guarantees).
✅ ​For the Family Home Guarantee, being a single parent or legal guardian with at least one dependent child.

​Navigating the legal and financial steps of buying a home can be complex. As a professional practising lawyer, myself and my team are here to guide you through every stage, ensuring a smooth and stress-free journey to settlement.

​Contact me today to find out how I can help you with your property purchase!

25/12/2024

Merry Christmas 🎄

29/11/2024

Australia will ban children under 16 from using social media, after its parliament approved the world's strictest laws.

We can now tell the kids "sorry it's against the law for you to use Tiktok and Insta"

Sounds great but how can Tiktok, Youtube Instagram knows how old you are? Face recognition? Upload your drivers licence? There could be issues with privacy and there will be many hurdles to overcome. Nonetheless, it's a step to the right direction.

27/05/2020

Which car should give way?

Answer:

http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104/s148.html

25/02/2019

You may have saw the news today with the headline "a man has been stung with a $112 fine for leaving his car unlocked at a petrol station in Sydney."

So is it illegal to keep your car unlocked or window opened while no one is in the car?

Surprisingly, it is illegal in some States in Australia to leave your car door unlocked or window opened when you're a certain distance away from it.

In NSW, under Road Rules 2014 - regulation 213, section five:

"If the driver will be over 3 metres from the closet part of the vehicle and there is no-one left in the vehicle, the driver must:

(a) if the windows of the vehicle can be secured, secure the windows immediately before leaving the vehicle, and (b) if the doors of the vehicle can be locked, lock the doors immediately after leaving the vehicle.

For the purposes of subrule, a window is secure even if it is open by up to 2 centimetres."

Fine from $112 with up to $2200!

In Victoria, under Road Safety Road Rules 2009 penalty code 2135, it is illegal to leave "motor vehicle unattended with keys in ignition, motor running, brakes not secured or doors unlocked."

Fine from $117

In Queensland, under Sectioin 213 Transport Operations (Road Use Management - Road Rules) Regulation 2009, you will get an on-the-spot fine for not securing your vehicle or removing the key from the ignition before you walk away from it.

On spot fine from $40

Photo Source: Facebook

02/12/2018

Tougher Drink Driving Laws in NSW from 3 December 2018.

(Information below are provided by RMS)

Depending on the offence, if you are caught drink driving NSW Police may suspend your licence immediately. If you are a repeat, high-risk drink driver, police may also confiscate your number plates or impound your vehicle.

If convicted in court, significant penalties apply, including fines and even prison terms. You will be disqualified from driving and may also be ordered to install an alcohol interlock.

Further information about offences and penalties for different drink-driving offences, and the Alcohol Interlock Program can be found on the Roads and Maritime Services website.

New alcohol interlock laws

An interlock is an electronic breath testing device connected to the ignition of a vehicle. It prevents the vehicle from starting if alcohol is detected. The interlock also includes a camera and takes a photograph of the person providing the breath sample to reduce the risk of a driver circumventing the program.

All drivers convicted of high-range, repeat and other serious drink-driving offences in NSW committed on or after 1 February 2015 are required to have an interlock installed.

As part of the Road Safety Plan 2021, the NSW Government has expanded the interlock program so that it also applies to drivers convicted of all middle-range drink driving and driving a motor vehicle under the influence of alcohol offences committed on or after Monday 3 December 2018.

For all offences that require a mandatory interlock, the court orders offenders to complete:

A licence disqualification period, and
A period of participation in the interlock program (minimum 12 months).

The length of the licence disqualification and interlock period vary depending on the type of offence. Longer periods apply for the most serious offences.

The interlock program aims to actively prevent drink driving on NSW roads, and to reduce alcohol related crashes.

A survey of the NSW community, completed to inform the development of the Road Safety Plan 2021, found 84 per cent felt alcohol interlocks for drink-driving offenders were important for road safety.

The Roads and Maritime Services website has more details about the Alcohol Interlock Program, including information for offenders, as well as medical and legal professionals.

Vehicle sanctions for high risk drink drivers
Vehicle sanctions, such as impounding a driver’s vehicle, are designed to improve road safety by removing high-risk drivers from the roads immediately to prevent re-offending.

In NSW, police can confiscate number plates at the roadside or impound the vehicle if they detect a driver committing certain high-risk offences. This includes ‘hoon’ offences, such as street racing, engaging in a police pursuit or speeding by more than 45km/h over the limit.

From Monday 3 December 2018, as part of the Road Safety Plan 2021, the vehicle sanctions scheme also applies to repeat, high-risk drink drivers. Vehicle sanctions typically apply for three months.

More information on the vehicle sanctions scheme is available on the Roads and Maritime Services website

17/09/2018

Harsher Penalties for using Mobile Phone while driving in NSW

From 17 September 2018, NSW drivers who use a mobile phone illegally will be penalised an extra demerit point, up from four to five as well as an increase of fine to $337. During double demerit periods, drivers who break the rules will be penalised 10 demerit points. For some people, this will mean a licence suspension.

Road rules

NSW Legislation

Drivers or riders can use their mobile phone to make or answer a call and use the audio playing function (e.g. music) only if the phone is either:

- in a cradle fixed to the vehicle and doesn’t obscure their view of the road;
- Can be operated without touching any part of the phone, such as via Bluetooth or voice activation.
- Drivers are able to use their mobile phone as a driver’s aid (e.g. GPS) only if the phone is in a cradle fixed to the vehicle and doesn’t obscure their view of the road.

While driving or riding you cannot use your mobile phone for anything else, including:

- Texting or audio texting
- Emailing
- Using social media
- Taking photos
- Video messaging
- Holding your phone in a way (in hand, on lap, between shoulder and ear). Drivers are only allowed to hold a phone to pass it to a passenger.

If you want to use your phone for any of these functions, your vehicle must be parked out of the line traffic.

These functions are not permitted when your vehicle is stopped, including when waiting at traffic lights or stuck in traffic.

Learner, P1 and P2 drivers and motorcyclists (NSW)

Learner, P1 and P2 licence holders are not permitted to use a mobile phone at all while driving or riding. This includes when waiting at traffic lights or stuck in traffic. You must be parked out of the line of traffic to use your phone in any way.

Fines $337. 5 demerit points

ACT Legislation

In the ACT, fully licensed drivers and riders cannot use hand-held mobile phones. Like in NSW, drivers are able to make or answer a call and use the audio playing function (e.g. music) only if the phone is either:

In a cradle fixed to the vehicle and doesn’t obscure their view of the road;
Can be operated without touching any part of the phone, such as via Bluetooth or voice activation.

There are currently no additional mobile phone restrictions for young drivers in the ACT

Fines $528. 4 demerit points

Victoria Legialation

In Vic, you can only use your mobile phone while driving if it is secured in a holder fixed to the vehicle or can be controlled without physically touching your phone and the phone is not resting on any part of your body.

It is also illegal for text, make video calls or email while driving under any circumstances (even if the phone is mounted) . You also can’t pick up your phone to check the time, to move it to a different location in the car or to check the caller ID on a missed call or text.

Fines $484. 4 demerit points

Queensland Legislation

In Queensland, using a mobile phone held in your hand is illegal—even if you're stopped in traffic. This means you can't:

- hold the phone next to or near your ear with your hand
- write, send or read a text message
- turn your phone on or off
- operate any other function on your phone.

Fines $378. 3 demerit points

South Australia Legislation

In SA, drivers are allowed to touch their phones if they are making call if the phone is mounted.

Fines $387. 3 demerit points

07/06/2018

Drive safely and enjoy the long weekend.

13/04/2018

Is it illegal to smoke in your car in Australia?

The laws in each States and Territories are different but in general, it is not illegal to smoke in your car if all the passengers are over the age of 16 (in some States the age of 17 or 18).

NSW / ACT / QLD / SA / NT: It is illegal to smoke in your car with a child under the age of 16. You will get on spot fine if $250+

WA : It is illegal to smoke in your car with a child under the age of 17. You will get on spot fine if $200+

VIC / TAS : It is illegal to smoke in your car with a child under the age of 18. You will get on spot fine if $200+

Fun Fact: Did you know that Iran has the law implemented in 2006 which banned all car drivers from smoking in the car regardless of the age of the passenger.

16/09/2017

There are lots of talks and debates about the legalizing same s*x marriage in Australia. So what laws will change if same s*x marriages are allowed?

Marriage Act 1961 will be amended with the substitution of the words:

"a man and a woman" ➡️ "2 people"

"A brother and a sister" ▶️ "2 siblings"

"or husband" ▶️ "or spouse"

The new laws will also allow ministers of religion or marriage celebrant to refuse to solemnise marriages.

Details of the exposure draft can be found here.

https://www.attorneygeneral.gov.au/Mediareleases/Documents/Exposure-Draft-Marriage-Amendment.pdf

01/09/2017

With property prices in NSW continue to go up, more and more parents are now helping their children financially to purchase their first home. Is it possible to protect the parents financial contribution ?

The Supreme Court of Appeal confirmed that a mortgage made by the parents to their child and their daughter in-law is enforceable in the recent case of Chaudhary v Chaudhary [2017] NSWCA 222

1. Appeal allowed. 2. Orders of the primary judge be set aside and in lieu thereof: (1) Declare that a sum equal to $1,533,834.26 plus interest, from 8 June 2017 until the date of these orders, at the rate of $246.57 per day, be paid out of the controlled monies account established pursuant to the o...

31/08/2017

Did you know that from tomorrow 1 September 2017, retailers and businesses cannot charge their credit card surcharge fee more than it cost them?

On 25 February 2016 the Competition and Consumer Amendment (Payment Surcharges) Act 2016 became law. It inserted a new part into the CCA banning excessive payment surcharges and provided new powers for the ACCC.

The ban is found in the CCA, and operates in conjunction with a Reserve Bank of Australia (RBA) standard.

The purpose of the ban is to stop businesses from charging payment surcharges that are excessive. That is, from charging a customer more than what it costs the business to process the payment.

A business is not required to impose a payment surcharge, but if it chooses to then it is only allowed to pass on to the customer the costs that the business was charged for accepting payment of that payment type.

Payment types include Efptos, Mastercard, Visa and American Express.

If you suspected the business overcharged you the credit card surcharge, you can report them to ACCC on the link below.

Use this form to report a business that may be doing the wrong thing under the Competition and Consumer Act 2010.