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The Law Society of Western Australia’s Lawyer of the Year Award 2021

Announcement, Blog & Articles

Congratulations to Peter Le, the winner of The Law Society of Western Australia’s Lawyer of the Year Award 2021!
Peter has 20 years of legal experience, working in private practice, as in-house counsel and for local government. Peter continues to provide excellent legal services to our clients in many areas of law, including general commercial, corporate, property, construction and major projects.
It is an honour to have Peter’s achievements recognised.

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Extraordinary Driver’s Licenses for Work Purposes

Blog & Articles, Traffic Offence

If you have been banned from driving by an order of the court, whether it be for drink driving, speeding or another driving offence, you may be eligible to apply to get your license back so that you can drive for certain purposes (an ‘Extraordinary License’).

Applying for an Extraordinary License is quite a complex procedure that involves supplying documents and evidence to the court so that it can be proven that you should be allowed to drive, despite the driving ban that is in effect.

With the large amount of traffic offences that are committed in WA, the courts do not take Extraordinary License applications lightly, and do not grant the applicant an Extraordinary License in many situations. If you need a license to be able to continue working however, you may have a good reason to apply, and this is something that Tang Law has had a lot of success with.

Extraordinary Driver’s License applications cannot be made if you:

  • Have a roadside ban (waiting to go to court);
  • Are currently under a fines suspension; or
  • Have lost your license due to demerit points.

The Process

There are a lot of things to consider when drafting an Extraordinary License application and the team at Tang Law can help to streamline this process, with our experienced lawyers ready explain what needs to be proven in your application and help to give you the best possible chance at getting your Extraordinary License.

After all the paperwork is drafted correctly and filed with the court, the Department of Transport will decide whether they think it is in the community’s best interests to grant your Extraordinary License. The key to getting the Department onside is to draft the application paperwork well!

A court hearing will then be needed, at which point a good lawyer can streamline the process and present your matter to the court in the best way possible.

Getting started

Call Tang Law on 9328 7525 to book your initial appointment with one of our lawyers and we can give you expert advice on the merits of your potential application. We can then provide an estimate of legal costs to draft your application, get your supporting documents, file with the court, contact the Department of Transport and appear with you at the court hearing.

If you need to get your license back in order to keep your job then call us, and we’ll help to get you back on the road!

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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Case Study : Criminal Charges for “Indecent Dealing”

Blog & Articles, Criminal Law

This is a real case that happened recently.

B was charged with 2 counts of ‘Indecently Dealing’ with a young, teenage girl whom he had met on the internet, pursuant to section 321(4) of the Criminal Code (WA), where it states that:

Child of or over 13 and under 16, sexual offences against

A person who indecently deals with a child is guilty of a crime and is liable to the punishment…

Sentence

For a charge of this nature, the maximum sentence prescribed by law is 7 years imprisonment.

In past cases, generally, the Courts have given sentences in the range of 2 to 5 years.    It is highly likely that B would have received a sentence of this nature, if he had been found guilty.

Allegations Made by Prosecutor

The Prosecutor alleged that B’s actions were predatory and calculated.

It became apparent to us, as B’s lawyers, that B is a shy young man and has some issues pertaining to mental health.   The factors personal to his situation had to be analysed in order to bring to light the personal issues that may have led to his offending; his upbringing, personal immaturity, issues pertaining to his mental health and the impersonal nature of the online communications that allowed for such a shy young man to connect inappropriately with a captive audience.

Sentencing Hearing

B pleaded guilty to the charges, however, the details of the allegations made by the Prosecutor were inaccurate and they were challenged at the sentencing hearing.

Expert opinions and psychiatric findings in relation to the Accused were obtained and written Sentencing Submissions were filed with the District Court of Western Australia.

Result:  B was given a suspended sentence, allowing him to remain out of prison and giving him the access to help that he really needed.   This result was more favourable than the sentences received by similar accused persons in past cases.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

 

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More Visa Options for Tourism and Hospitality Workers

Blog & Articles, Migration Law, Uncategorized

Due to Australia’s current international border closure hospitality and tourism businesses, who usually rely heavily on temporary workers such as working holiday makers, have struggled to find workers to fill positions.

The Australian Government will now provide more support for Australia’s tourism and hospitality sectors by providing more visa flexibility to temporary migrants in Australia.

International students working in the tourism and hospitality sector will be given unlimited work rights. A 40-hour fortnightly limit previously applied during study periods.

Furthermore, temporary visa holders working in, or with job offers in, tourism and hospitality will be able to apply for the Subclass 408 COVID-19 visa, and will be able to remain in Australia for up to an additional 12 months.

Please contact the migration team at Tang Law if you would like to know more.

About Writer

Sophie Manera is a Partner and Registered Migration Agent at Tang Law. She practices exclusively in immigration law. She is also the Vice-President of the Migration Institute of Australia’s Western Australia State Committee.

Sophie represents visa applicants, sponsors and businesses in lodging applications, attending to complex migration matters, making submissions to the Department of Home Affairs, and representing applicants in the tribunals and courts.

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Veterinarians Added to Department of Home Affairs’ Priority Migration Skilled Occupation List

Blog & Articles, Immigration Law, Migrate to Australia, Migration Law

The Migration Team at Tang Law are pleased to hear of the proposed addition of veterinarians to the Priority Migration Skilled Occupation List (PMSOL).

We understand there is substantial demand for skilled veterinarians nationally, and the Australian labour market is unable to fill these gaps.

Tang Law has substantial experience in assisting veterinarians and employers with finding suitable visa options.

We look forward to the Australian government adding this occupation to the PMSOL.

About Writer

Sophie Manera is a Partner and Registered Migration Agent at Tang Law. She practices exclusively in immigration law. She is also the Vice-President of the Migration Institute of Australia’s Western Australia State Committee.

Sophie represents visa applicants, sponsors and businesses in lodging applications, attending to complex migration matters, making submissions to the Department of Home Affairs, and representing applicants in the tribunals and courts.

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