Frequently Asked Questions
A dedicated team providing personalised and effective legal solutions across NSW
Family Law FAQs – NSW / Australia
What is the cost of hiring a family law solicitor in NSW?
Legal fees in family law vary depending on the complexity of your matter (parenting, property, spousal maintenance). At Jones Hardy Law, we provide transparent estimates after a case review. We also help you understand if Legal Aid or cost‑orders may apply. Contact us for a no‑obligation quote in NSW.
How long does a divorce take in NSW under the Family Law Act?
Once your divorce application is filed and served, there is a mandatory waiting period of 1 month and 1 day before you can apply for the final order (for jurisdictional compliance). The total timeframe depends on whether the divorce is contested or agreed, whether there are children, and court backlogs in NSW. Jones Hardy can guide you through each step clearly.
How does the NSW court decide child custody (parenting orders)?
Courts in NSW use the “best interests of the child” test, considering factors such as parental capacity, the child’s views, the child’s relationships, and safety. Jones Hardy Law helps you build the strongest case with evidence and expert input so those factors are well presented.
How is property divided after separation under NSW / Australia laws?
The pool of assets (including debts) is assessed, contributions (financial, non‑financial) and future needs are weighed. There is no fixed split. Jones Hardy Law can help you properly value assets, assess contributions, and negotiate or litigate a fair settlement in NSW.
Can I change parenting orders later if circumstances change?
Yes. In NSW / Australia, you can apply to vary parenting orders if there has been a significant change in circumstances. Jones Hardy Law can assist you assess whether your situation qualifies and guide you through variation applications.
What is Family Dispute Resolution (FDR) in NSW and do I have to participate?
FDR is a mediation process to help parties resolve parenting, property or financial disputes before going to court. In most NSW family law matters, you must attempt FDR before filing in court (unless exceptions apply). We can support you through FDR and represent you if negotiations don’t resolve issues. Jones Hardy Law
What happens if someone disobeys a court‑ordered parenting arrangement in NSW?
That is a contravention of an order. The court may impose penalties, vary orders, or order enforcement measures. Jones Hardy Law can advise your enforcement options, represent you in contravention proceedings, and protect your rights. Jones Hardy Law
How do appeals in family law cases work in NSW / Australia?
If one party believes a decision is legally flawed, they can appeal to a higher court (e.g. Full Court). Appeal must usually be lodged within strict timeframes. Jones Hardy Law has experience preparing appeal books, legal submissions, and representing clients in NSW family law appeals. Jones Hardy Law
Criminal Law FAQs – NSW / Australia
What should I do if I’m arrested in NSW?
Stay calm. You have the right to remain silent and to legal representation. Ask to contact a lawyer immediately. Contact Jones Hardy Law as soon as possible—we’ll guide you step by step, explain your rights under NSW law, and defend you at every stage.
Can Jones Hardy Law represent me under Legal Aid in NSW for a criminal matter?
Yes. Our solicitors are accredited under the NSW Legal Aid panels for summary and indictable crimes. If you qualify, Legal Aid may cover part or all of your representation. Jones Hardy Law
What are the likely penalties for a common assault charge in NSW?
Penalties vary depending on severity, history, and circumstances. They may include fines, community service, probation, or imprisonment. Jones Hardy Law will assess your case, identify defences, and aim for the best outcome under the Crimes Act 1900 (NSW). Wikipedia
How does bail work in NSW (and can you assist)?
Bail in NSW is governed by the Bail Act 2013 which uses an “unacceptable risk” test (will you fail to appear, endanger others, interfere with witnesses). Wikipedia Jones Hardy Law can apply for bail, oppose bail where necessary, and argue conditions suited to your case.
What are my rights if the police search me or my property without a warrant in NSW?
Generally, police require a warrant to search property. If they do not have one, evidence may be excluded. Jones Hardy Law will review whether the search was lawful and advise whether to challenge any evidence obtained unlawfully.
What happens in a NSW youth offence / juvenile charge?
Young people are dealt with under special rules in NSW courts (e.g. Children’s Court). The focus is often more rehabilitative. Jones Hardy Law has experience in youth matters, will protect your rights, and present tailored defences in NSW jurisdictions.
Can I appeal a criminal conviction or sentence in NSW?
Yes. Appeals can be lodged to higher courts (District Court, Supreme Court) depending on the type of offence. Jones Hardy Law can assess whether appeal grounds exist, prepare the appeal submissions, and represent you.
What is coercive control and can I defend allegations under NSW law?
Coercive control is a serious domestic violence offence under NSW laws. Allegations can have severe consequences. Jones Hardy Law defends such charges by examining evidence, challenging misuse of law, and advocating for procedural fairness. Jones Hardy Law
Traffic Law & Driving Offences FAQs – NSW / Australia
What are the penalties for drink driving (DUI) in NSW?
Penalties depend on blood alcohol concentration, repeat offences, and aggravating factors. They may include licence disqualification, fines, or imprisonment. Jones Hardy Law will review your drink driving charge, identify defences, and aim to preserve your driving privileges.
Can I fight a speeding fine in NSW?
Yes—if there is a procedural or factual error (e.g. calibration, signage, speed detection method). We can assess your fine, identify weaknesses in the prosecution’s case, and represent you in the NSW Local or District Court.
What should I do if my licence is suspended or disqualified in NSW?
Understand your rights of appeal or early reinstatement. Jones Hardy Law can help you apply for hardship licences or challenge unfair suspension decisions in NSW courts.
How do demerit points in NSW work—and can they be challenged?
Demerit points accumulate and may trigger licence suspension. Some circumstances allow challenges (e.g. incorrect recording, medical exemptions). We can review your driving record and advise whether your demerit points can be reversed.
What is the procedure if I receive a defect notice or vehicle defect charge?
A defect notice requires you to fix issues within a time frame and produce compliance evidence. If charged, we can defend by examining inspection evidence, validity of notice, and technical compliance in NSW.
What happens if I refuse a breath test or preliminary test in NSW?
Refusal is itself an offence under NSW law and carries serious penalties. Jones Hardy Law will analyse procedural compliance and advocate for your rights through hearings or appeals.
Can I dispute a red light camera or speed‑camera conviction in NSW?
Yes—if there is a technical or procedural error (e.g. signage obscured, incorrect calibration). We can build a challenge to camera evidence in NSW courts.
What are the consequences of reckless or dangerous driving charges in NSW?
These are serious offences, potentially leading to heavy fines, licence suspension or jail. Jones Hardy Law handles dangerous driving prosecutions, defending you by analysing evidence, expert reports, and legal defences.
Civil & Commercial Law FAQs – NSW / Australia
What types of civil disputes does Jones Hardy Law handle in NSW?
We assist in contract disputes, debt recovery, tort claims, negligence, defamation, and injunctions under NSW and Australian laws. We tailor strategy to your circumstances and aim for resolution through negotiation or litigation.
How long do I have to start a civil claim in NSW? (Limitation Periods)
Most civil claims in NSW must be filed within statutory limitation periods (e.g. 6 years for contracts, 3 years for tort) under NSW Limitation Acts. Jones Hardy Law will review your matter and confirm whether your claim is still viable.
What is an injunction and when can I seek one in NSW?
An injunction is a court order to compel or restrain conduct. You may seek one when monetary damages aren’t enough (e.g. protecting reputation, stopping breach). We can help you seek or defend injunctions in NSW courts.
How do I enforce a judgment in NSW once I win a civil case?
Judgment enforcement can be by garnishee, writ of execution, or seizure of property depending on the debtor’s assets. Jones Hardy Law assists in enforcing court orders, ensuring you recover what you’re legally owed.
What is defamation law in NSW / Australia and can I sue for reputation damage?
Defamation laws protect reputation under state and federal laws. If false statements damaged your reputation, you may recover damages and request retractions. We can advise whether defamation is viable in NSW and manage litigation.
What is a notice of demand or statutory demand under NSW law?
A formal demand under legislation (e.g. Corporations Act) requests payment or performance. If ignored, it may lead to insolvency proceedings. Jones Hardy Law can draft or respond to demand notices and advise your rights.
What is the cost of pursuing a civil claim in NSW?
Costs vary depending on claim size, complexity, court level, expert reports, and whether you win. Jones Hardy Law estimates costs upfront and advises risk vs reward to ensure your decision is informed and strategic.
Can a civil dispute be settled outside court in NSW?
Yes. Mediation, arbitration, or alternate dispute resolution (ADR) are often better paths. We frequently negotiate or mediate to save time, cost and stress, and only litigate when necessary.