Issue 27- April 2006

• Majority verdicts for juries in New South Wales?
• Review of intestacy laws in New South Wales
• WorkChoices commences
• Shared parenting responsibility legislation
• Rebecca Flynn welcomes new arrival

New South Wales Government seeks to reform criminal jury trial regime Majority verdicts for juries in New South Wales?

Last week, the New South Wales Government announced that it will seek to introduce majority verdicts for all criminal trials. The Jury Amendment (Verdicts) Bill 2006 will allow 11-1 majority verdicts (rather than 12-0), making New South Wales the first state in Australia to have such verdicts. This is already the case in the Northern Territory.

Bob Debus, the New South Wales Attorney-General says that the new system is designed to curb the number of retrials in the state as approximately 80 trials each year, including very long and complex trials, result in hung juries. This is very costly for the state and the parties and causes “anguish and frustration for victims of crime and accused persons that cannot secure an acquittal”.

Sometimes these hung juries are caused by “the actions of a single irresponsible juror that holds unsustainable views or prejudices" Mr Debus said in a statement. Under the proposed legislation, at least 8 hours of deliberation would be required before a majority verdict was considered by a court, he said.

Majority verdicts undermine years of legal tradition and may be seen as inconsistent with the principle of proving guilt beyond a reasonable doubt. The Bill has yet to come before parliament.

If we can assist you in relation to any criminal law issue, please contact Kevin Dwyer at kevin@wmdlaw.com.au or Craig Pryor at craig@wmdlaw.com.au

New South Wales Law Reform Commission survey on will provisions released Review of intestacy laws in New South Wales

In March, the New South Wales Law Reform Commission released the results of a survey which indicates who people generally leave their property to when they write a will. The survey, which examined 650 deceased estates that were filed in the Supreme Court's Probate Registry in September 2004, is part of the Commission's work on the rules of intestacy which determine how a person's property is to be distributed when they die without leaving a will.

The principal finding was that 75% of people who have a spouse and children choose to leave the whole of their property to their surviving spouse, which calls into question the current rules of intestacy which share a person's property between their surviving spouse and children. In only approximately 2% of cases did people choose to share their property between spouse and their children.

The survey also found that only 43% of persons with a spouse and children from a previous relationship chose to give everything to the surviving spouse, 31% of people in these cases gave everything to their children, which shows that people are more likely to provide for their children in cases where they enter into a second or subsequent relationship. A new relationship, often entered into later in life, can often be a source of contention in the distribution of a deceased’s estate.

Other findings included that 82% of people who were survived by children, but no spouse, gave everything to their children and 33% of people without a spouse or descendants gave their property to their brothers and sisters and 25% of them gave their property to their nieces and nephews. These findings broadly align with the current rules of intestacy.

The Commission is currently reviewing the laws of intestacy on behalf of the National Committee for Uniform Succession Laws, which aims to recommend a national scheme for all aspects of succession law. This report on intestacy is expected to be completed before the end of the year.

If we can assist you in relation to any estate planning or estate administration issues or claims upon estates, please contact Bob Warren at bob@wmdlaw.com.au or Craig Pryor at craig@wmdlaw.com.au

Are you aware of the implications of the new industrial relations system? WorkChoices commences

As you will no doubt now be aware, the Federal Government’s WorkChoices reform of the Federal Industrial Relations system commenced on 27 March 2006. Further to our previous e-bulletins on WorkChoices, we now wish to take the opportunity to outline in greater detail the implications for your workplace.

Please click here to view our latest WorkChoices publication.

If you require further information regarding the new industrial realations system, please contact Dean Groundwater at dean@wmdlaw.com.au or Kevin Dwyer at kevin@wmdlaw.com.au

Major changes to Family Law concerning children likely to commence 1 July 2006 Shared parenting responsibility legislation

The Shared Parenting Responsibility Bill passed through the Senate on 31 March 2006 with some minor amendments. This has meant that it has been re-submitted to the House of Representatives but it is expected to be passed as amended and to commence 1 July 2006. The Bill requires the Court to consider, as a starting point in deciding where children will live, whether the children’s best interests are promoted by a shared parenting regime. This will include considering whether equal time with each parent is the best solution for the children. This is a radical departure from the present system where shared parenting, although it works for many people, is not the most common parenting arrangement.

There will also be changes in the way that cases involving children are heard to try to minimise the formality and hopefully the delay often accompanying those hearings. There is expected to be a provision in the legislation which states that the passage of the legislation is not a circumstance concerning the welfare of the children that would justify “old” orders being brought back before the Court for change just because of the altered legislation. The Family Court sought this change because it was concerned about the “floodgates” opening to a whole range of applications which dealt with existing orders.

For further information about family law parenting issues please contact Greg Dickson at greg@wmdlaw.com.au or Kevin Dwyer at kevin@wmdlaw.com.au

Welcome to the world Timothy Flynn!

Rebecca Flynn welcomes new arrival

Warren McKeon Dickson would like to take this opportunity to congratulate one the firm's partners, Rebecca Flynn, and her husband Darren, on the birth of their first child.

Timothy Patrick Flynn was born Tuesday 21 March at 7.20pm, weighing 3.645 kg (8.1lbs).

Mum, Dad and baby are all doing very well and Timothy has already charmed everyone in the WMD office when he came to visit last week! Congratulations again Rebecca and Darren!

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