Frequently Asked Questions

What is an accredited specialist?
An accredited specialist is a solicitor who has successfully completed a rigorous assessment program set by the Law Institute of Victoria. This includes a written examination and other tests to demonstrate that the solicitor has a sound, practical approach to the area of speciality.

What is the difference between a solicitor and a barrister?
Solicitors generally prepare a case and a barrister usually argues the case in court. However, there are solicitors who do both.

How do I know how much my case will cost?
We will tell you in writing after discussing your options with you in detail.

If I am arrested or if the police want to interview me what should I do?
Contact a lawyer immediately. The police must advise you that you have the right to contact a lawyer. Do not answer any questions apart from your name and address until you have spoken to a lawyer.

Does making a No Comment record of interview imply that you are guilty and have something to hide?
No. No adverse inference can be drawn from silence. You have a right not to answer questions. The police will tell you that you are not obliged to answer their questions.

The police want to come on to my property and search – should I let them?
Only if they have a warrant.

Is it up to the police whether I am released from custody?
Only in the short term. Any person arrested must be released or brought before a court to determine whether they should be released on bail. While the police can oppose bail, it is ultimately a decision for a court to make after hearing the whole application.

Is it true that you can only apply for bail once?
Usually yes, you can only apply for bail once. If it is refused there are restrictions when you can make a further bail application. You must show new facts and circumstances.

Will my case be heard in the Magistrates’ Court or County Court?
That depends on whether you are charged with a summary offence, an indictable offence or an indictable offence triable summarily. Summary offences can only be heard in the Magistrates’ Court and can be heard in your absence. Indictable offences can only be heard in the County or Supreme Courts before a jury. Indictable offences triable summarily can be heard in the Magistrates’ Court but only if you consent to them being heard.

If I win my case can I claim my legal costs?
Yes, you can in the Magistrates’ Court but this is at the discretion of the Magistrate.

Costs cannot be recovered in the County Court or the Supreme Court.