G & S Law Group Pty Ltd

24/10/2025

Have you been charged by NSW Police?

If you are charged by NSW Police, you are given a Court Attendance Notice with respect to each charge and the ‘Facts Sheet’. The facts sheet is in fact an ‘allegation sheet’; it represents the police case at its highest. If you plead Guilty, then you agree to the facts as stated in the facts sheet.

To determine if you have a defence or should be pleading Guilty, the first thing to do is review the facts and ascertain exactly what the prosecution has to prove against you and what chance they have of doing so.

Intention and Act to commit the crime

For example larceny, the act would be to take and carry away the goods of another. The taking was with the intention of depriving the owner of the goods, with no claim or right to the goods.

Strict liability and mistake of fact

Strict liability relates to an offence where the prosecution does not have to prove any intention. However, there is still an available defence of honest and reasonable mistake of fact. That is, that the person was honestly mistaken, on reasonable grounds, as to certain facts existing and had those facts existed, the conduct would not have constituted an offence.

Immigration status

The implications for a client charged with a criminal offence who is in Australia on a visa include:

1. Conviction could result in the cancellation of their visa, or potential cancellation, both of which can result in immigration detention or deportation.

2. Visa status may impact eligibility for bail and parole. If released on bail the client could be taken into immigration detention.

3. The risk of missing correspondence and deadlines for making submissions or reviewing decisions about their visa, resulting in it being cancelled, increases in the prison system.

4. Visa status may be considered by the court for sentencing.

If you have need a Criminal lawyer contact G&S Law Group today.

22/12/2024

First home purchasers guide

https://youtube.com/shorts/-jE48FjSkdA?feature=share

Intellect

Before you committing to purchasing a property learn what is required legally! * Joseph Sukkar, Intellect Finance Website: https://intellectfinance.com.au/* ...

12/11/2024

If you need legal advice in relation to your migration agent, please contact our office today.

SBS has spoken to migrants who are part of a group claiming to have lost thousands of dollars after engaging a migration consultancy that allegedly failed to provide promised services. Those working in the industry say it is a fairly common occurrence, due to the complexity of Australia's migration....

01/10/2024

Latest news and headlines from Australia and the world

17/08/2024

https://youtu.be/addzgfaDvwo?si=LWqs9e5t50zQFJVK

Two men have been jailed over an arson attack that destroyed a heritage listed mansion on Sydney's north shore.Property developer Steve Nassif helped purchas...

11/03/2024

https://www.abc.net.au/news/2024-03-11/new-review-finds-motorists-to-pay-$195b-in-tolls/103574942?utm_campaign=abc_news_web&utm_content=whatsapp&utm_medium=content_shared&utm_source=abc_news_web

Trusted and independent source of local, national and world news. In-depth analysis, business, sport, weather and more.

21/02/2023

Contracts: Sale of Land NSW and Wrongful Termination of Contract

In the recent case of Hong v Gui [2022] NSWCA 245, Justices’ Macfarlan JA, Simpson and Basten AJJA, of the NSW Supreme Court of Appeal, dismissed a property Purchaser’s appeal that a Vendor had invalidly terminated a Sale of Land Contract.

The Vendor’s Solicitor had failed to serve a cleared land tax certificate as is required by the Sale of Land contract, and the purchaser sough to rely on this as the Vendor not being ready, willing and able to complete the Contract. The Purchaser sought to rely on this as being the basis for an invalid termination of the Contract for sale of Land by the Vendor.

The NSW Supreme Court of Appeal dismissed the Purchaser’s appeal on the basis that they could not rely on the vendor’s failure to provide the land tax certificate to constitute a denial of their legal obligation under the contract.

There would have been a case of repudiation had the purchaser confronted the vendor with his error and the vendor remained insistent upon his position and rejected any suggestion that the issue be resolved by a court. However, the Purchaser had not taken either of these steps prior to seeking to terminate the contract.
If you need advice in relation to your sale of purchase of land in NSW, that has gone pear shaped, contact GS Law Group today, to have a confidential discussion, regarding your matter.

https://gslawgroup.com.au/

08/02/2023

Homeowner Successfully stops Builder’s variation claim – NCAT Appeal Panel

Xpertise Construction Pty Ltd v Orantia [2023] NSWCATAP 22

G&S Law Group Successfully defended an NCAT appeal panel case against a Builder who wanted to claim over $160,000 in variations from a Homeowner, in a Home Building claim.

Original NCAT case

The Homeowner made an application in NCAT for Orders that it did not have to pay money to a builder for variations which were in excess of $160,000, in circumstances where there was no agreed variations between the Home Owner and the Builder.

NCAT Appeal Panel

The Builder subsequently appealed the original NCAT decision to the NCAT appeal panel, where the matter was listed before Senior Members’ G Ellis SC and G Burton SC.

The learned Senior Members stated that the Homeowner (“Respondent”) “…should not have been subject to this appeal and should not be subjected to a further hearing.”

Further, the Builder (“Appellants”) in the matter had failed to provide an “adequate explanation for the delay and there was no legal merit in the appeal.”

Outcome

The Appeal Panel awarded the Homeowner indemnity costs finding no error in the original decision to order that the Builder could not bring a further claim.

Are you considering contesting a decision made in NCAT or in the NCAT appeal panel, then contact G&S Law Group for advice today.

A link to the full case can be found below.
https://www.caselaw.nsw.gov.au/decision/186055578fa6aa6805f4e306

18/11/2022

District Court finds Nursing home employee found not guilty of all allegations against him.

https://www.google.com/amp/s/www.dailytelegraph.com.au/newslocal/north-shore/prayash-poudel-man-charged-with-nursing-home-sexual-assault/news-story/817f31a74501b13f109029e812b44616%3famp

12/08/2022

If you have been charged by the NSW Police for Domestic Violence and believe you have been wrongfully charged contact our office today to discuss your individual case. We are seeing more Common Assault and domestic violence cases where the NSW Police have failed to properly investigate.,

If you have been wrongfully charged for Domestic Violence, common assault or Assault occasioning actual bodily harm or an AVO matter, call G&S Law Group so we can assist you today.

27/07/2022

https://www.sbs.com.au/language/english/aged-care-worker-found-guilty-of-abusing-a-dementia-patient-at-a-sydney-facility

District Court of NSW, on Appeal, overturns Manly Local Court Conviction and finds Aged Care Worker not guilty.

UPDATE: This news report was first published on 27/8/2019. Anita Prajapati appealed against the 16/8/2019 decision of Manly Local Court. On 18 March 2020, the appeal was upheld, and the local court order was quashed by Judge J Culver of the District Court of NSW.