Green & Associates Solicitors

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Green & Associates Solicitors

Our dedicated team of lawyers are accomplished Commercial, Property and Criminal law advocates.

At Green & Associates Solicitors, what sets us apart is our addiction to not only winning or achieving our target, but doing it in the quickest, cheapest and most impressive way possible. Each and every one of our clients can expect that from us in every matter we undertake. We provide a tailored experience to suit the particular needs of our unique clients in each different set of circumstances.

We also take a commercial, practical approach and cut through the red tape to get to the root of the issue, with a view to saving time and money for all involved. With a wide range of experience and knowledge in criminal law, together with broad coverage of areas relevant to commercial and personal problems, we are able to provide comprehensive and strategic advice and achieve the best outcomes for our clients, while minimising risk and potential flow-on effects in often multifaceted scenarios. With our office bordering the edge of Sydney’s Eastern Suburbs and the CBD, we are well placed to serve even he urgent needs of our clients in the Eastern Suburbs, and those from outside appearing in the criminal or civil Courts in the east and the CBD. We are dedicated to the underdog and to serving our local community (including during times of need and on a pro bono basis), particularly in the 2011 postcode, and our Principal also occupies the unpaid office of Treasurer of the Potts Point Partnership (our chamber of commerce). Our staff are approachable, dedicated and happy, and always available for a chat (or a pet, in the case of our dog), so feel free to get in touch.

16/01/2024

Offences involving choking, suffocation, and strangulation can be quite complex and attract significant sanctions and consequences.

Contact us on (02) 8080 7585 to speak with an expert defence lawyer who can help to protect your rights.

08/11/2023

Our client came to us wanting to purchase a property. When we were looking through the contract, we noticed that the property was under limited title. In a letter to our client, we advised what limited title is and how it would impact it would have on the property.

When land is ‘limited title’, it means that the boundaries of the land have not been accurately defined by a registered plan. This is governed by section 28T(4) of the Real Property Act 1900. In simple layman’s terms, this means that issues could arise in future regarding the boundaries of the land, either with neighbours or with the Council or State Government.

In short, without clear boundaries, you cannot be sure that the land dimensions will be exactly as expected. If a neighbour attempts to claim part of your land, the claim will be difficult to dispute if the boundaries to your property are not clearly defined.

The second risk we identified in this case was that the land may not be able to be subdivided, should our client have wanted to undertake a development, i.e. build two duplexes. If a land is limited title, the boundaries will need to be accurately defined by lodging a plan of delimitation before it can be subdivided, which obviously involves further work and expense.

27/10/2023

One thing we find very rewarding about our work is the ability to meaningfully assist with our clients’ rehabilitation and recovery. While some simply get a psychologist’s report for anything and play the mental health card w***y nilly, they forget that Magistrates can see through cheap tactics and poke holes in a story very easily. These applications and the way in which serious offences are approached can be very nuanced and riddled with double-edged swords, so the best approach is a full explanation of all aspects from all angles, pre-empted with not only strategic and comprehensive evidence and submissions, but real cognitive behavioural therapy to address the causal connection between the underlying conditions and the offending, and to achieve real rehabilitation even before sentencing. The best part is still receiving heartfelt thanks from a client six to twelve months later after their life improves, especially when it also comes with lunch!

If you or anyone you know is in trouble with the law for doing something out of character because of poor mental health, contact us as early as possible so we can start the journey together.

19/10/2023

We recently took instructions from a distressed employee who had been terminated from his employment within his contractual six-month probation period.

Relevantly, the employee stated that during his brief three-month tenure, he was subjected to conduct from the employer and its employees that was particularly concerning. That conduct arose in connection with the employee having to take time off while unwell, and in connection with his religious background... [read more by swiping right].

17/10/2023

A woman, identified as Rachel Ellem, who is accused of stabbing two strangers while they were taking a group photo outside a bar in Parramatta last Wednesday, has spent the weekend in custody. This decision follows her refusal to appear in Court from her cell for her scheduled appearance at Parramatta Local Court last Friday.

Ellem, aged 30, is facing charges related to intentionally injuring the two men. Her arrest took place on Wednesday following the alleged incident at the venue, at around 9:40 pm. At this location, two men, aged 52 and 58, allegedly sustained stab wounds on their necks, upper torsos, and arms. These injuries occurred while they were posing for a group photo with friends. Ellem, who was not acquainted with them, reportedly refused to leave when asked by security, and she allegedly brandished a knife, attacking the two men.

Both victims received medical attention from paramedics and were transported to Westmead Hospital in stable condition. Ellem was also taken to the same hospital for her injuries, following which she was escorted to Merrylands police station and charged with two counts of causing grievous bodily harm with intent to murder.

16/10/2023

Three men were arrested after allegedly performing a N**i salute outside the Sydney Jewish Museum on Friday afternoon. The men were charged after Police were called to the Museum in Darlinghurst just after midday.

A staff member at the Museum confirmed that there is no ongoing danger to any of its staff, however, Darlinghurst road was closed for several hours following the incident.

The accused persons were taken to Kings Cross Police Station.

Hate Crime Laws in New South Wales

In NSW, hate crime is governed by s93z of the Crimes Act 1900 (NSW) (‘the Act’). The Act prohibits conduct that publicly threatens or incites violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status.

03/10/2023

We recently took instructions from a client involved in a precarious position with respect to their employment.

In short, our client had been advised that she was invited to a disciplinary meeting. In advance, the employer presented four serious allegations against our client, specifically alleging that the conduct the subject of the allegations amounted to serious misconduct, which is grounds for summary dismissal (immediate dismissal without notice).

Our client contacted our firm at 4pm the day prior to the meeting. In the short time available, we were able to review the show cause notice issued to our client, assess the four separate allegations raised, and devise a strategy which would enable our client to exit the company on their own terms.

Swipe to read more.

27/09/2023

If You Huff and Puff Will It Blow the House Down? Whistleblowing Updates

In October 2017, Richard Boyle blew the whistle on the Australian Taxation Office’s (ATO) aggressive debt recovery tactics against small businesses wherein staff in the ATO’s Adelaide office were instructed to issue standard garnishees on every case to assist the agency in meeting its revenue goals.

Mr Boyle was employed in the ATO’s debt recovery division in Adelaide and chose to speak out when he saw that the ATO’s aggressive tactics were destroying lives and causing unwarranted distress. He had concerns that people were at the risk of su***de from these aggressive tactics, and at his 2022 hearing, even spoke of a case where a woman fleeing domestic violence was still mercilessly being pursued by the ATO even though she hoped to pay her debt to the ATO after selling her home.

Mr Boyle initially raised the matter internally with the ATO, but his disclosure was rejected. Mr Boyle then made a further disclosure to the Inspector-General for Taxation, but no action was taken. As a last resort to protect the public, he revealed the ATO’s actions in a joint media investigation between The Sydney Morning Herald, The Age and the ABC’s Four Corners.

Mr Boyle was subsequently charged in January 2019 with 66 criminal offences. These include the disclosure of protected information, the recording of private phone calls and the taking of photographs of taxpayer details; all in attempts to gather information regarding the unethical and aggressive debt-recovery practices within the ATO.

26/09/2023

We recently took instructions from a client who was detained as an inmate at a juvenile detention facility for girls in Sydney western suburbs in the 1970’s. Whilst taking instructions, it quickly became apparent that our client was subjected to prolonged abuse while in custody.

We commenced the difficult task of holding several lengthy client conferences. In doing so we were able to obtain sufficient detail to determine that our client had a strong basis for a claim against the State of New South Wales (“the State”) pursuant to the Crown Proceedings Act 1988 (“the Act”).

The Act allows for eligible plaintiffs to bring civil proceedings against the State of New South Wales in any competent Court. The argument we advanced was that the State was vicariously liable for the acts and omissions of employees at the facility. This was strategic, because the individual proponents were most likely no longer alive, or otherwise in a position to pay any award of damages, whereas the State itself (who employed them) has deep pockets. The argument was sufficiently premised on the leading High Court authority of Prince Alfred College Incorporated v ADC [2016] HCA 37 wherein it was determined at [39] that “Where, in such circumstances, the employee takes advantage of his or her position with respect to the victim, that may suffice to determine that the wrongful act should be regarded as committed in the course or scope of employment and as such render the employer vicariously liable”.

22/09/2023

The Great Debate: Age of Criminal Responsibility in NSW

The Australian Law Reform Commission has discussed the complexity of exercising doli incapax, suggesting that ‘it is often difficult to determine whether a child knew that the relevant act was wrong unless he or she states this during police interview or in court,’ and that prosecutors often resort to ‘leading highly prejudicial evidence that would ordinarily be inadmissible.’

What are your thoughts on this? Should the law seek to increase the age of criminal responsibility or are you in favour of the argument that the person doing the crime should face the crime, irrespective of age.

18/09/2023

“Proceeds of crime” refer to any property, cash, benefits, or other assets gained through criminal activity.

Proceedings can be brought to seize proceeds of crime, even if there are no criminal proceedings on foot. The focus of the legislation is to deter crime by targeting any financial gain associated therein.

The Crimes Act 1900 also makes it a criminal offence to deal in proceeds of crime.

Criminal Assets Recovery Act

Under the Criminal Assets Recovery Act 1990, proceedings can be brought by the NSW Crime Commission to control and seize purported proceeds of crime. These proceedings are civil rather than criminal proceedings and as such different evidentiary rules apply.

13/09/2023

Our client came to us for assistance when the other side would not give her complete information about the purchased property and refused to provide access to her late husband’s email account and laptop. Additionally, solicitors and real estate agents would not entertain her requests for documents as she was not a party to the purchase. As her late husband died intestate (without a Will) and therefore did not have an appointed Executor for his Estate (‘the Estate’), his wife had no legal authority to request documents.

Address

Suite 4, 1a Kings Cross Road, King's Cross

2011

Telephone

+61280807585

Website

http://www.greenandassociates.com.au/

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