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In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against them in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.
The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase.
Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the defendant; the defendant would have to prove that the plaintiff did.
Hi! I was wondering how indemnity works in relation to an unincorporated association. What do you need to ensure to know that you are absolutely protected? What laws relate to indemnity requirements / elements? Especially pertaining to the roles of President, Secretary, and Treasurer.
I have a couple of questions regarding family court interim orders that were set on the 4/10/21.
I don’t want to sound unappreciative of the representation or of the courts time, but the dial in/video link system in place currently leaves a lot to be desired and I am of...
I'll keep this short and to the point:
My (former) mother and father are having a 'property separation' in the Federal Circuit/ Family Court. My (former) mother started proceedings against my father and she has listed me as a secondary. She's demanding that I sign my home onto her.
Deleted member 28915
I'm currently separated after my wife of 9 years walked out. She has gone to a solicitor to arrange a separation of finance and assets and I’ve been sent an offer. While I don’t totally agree with the offer, any changes wouldn’t change the financial aspect of things.
I have 3 questions...
Good evening all,
I recently appeared in Court due to a charge of Domestic Violence from my former spouse.
Prior to Court proceedings I provided my Legal Counsel with 27 pages of documentation and evidence that my former spouse had completely lied about any and all forms of Domestic Violence...
i started off with a lawyer but took some bad advice and so did my ex in a parenting order case that has been ongoing since Feb this year - we are still in current interim orders but the last hearing the judge told me to apply to amend existing orders and to present an affidavit to support...
I travel alot for work and i run a small business as a sole trader. If i wanted to take a client to court magistrates for small claim of around 4k and they set a hearing date and I am not able to attend that date. Am i allowed to have a friend or family member attend on my behalf to...
Anything done knowing likely to cause harm to a child under 7 attracts a up to 2 years. So what about bicycle helmets that are not recommended for outdoor use without a 710CM sunshade?
If the police force my children to use these bicycle helmets which may not be modified, do they commit a more...
If anyone can provide any information about legal assistance for my situation I would very much appreciate it.
I'm currently involved in a dispute with Westpac regarding a Generated Transaction ("GEN TXN") overdrawing my account and taking my entire Disability Support Pension five days...
Hi, I have advised my ex's lawyer in writing that I am awaiting the result of a legal aid application prior to responding to their correspondence re child consent orders. Despite advising I would not hear before the 27th November and would respond by the 4th December, their lawyer has sent me...