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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

- Client

I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

- Client

Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.

- Client

Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

- Client

Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

- Client

I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

- Client

I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

- Client

Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.

- Client

Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.

- Client

Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Reparation Orders

A reparation order requires an offender to make reparation to an injured person, by way of a payment of money or otherwise, for the loss or expense.

Definition

Section 19 of the Crimes (Sentencing) Act 2005 provides that, before the court sentences the offender or makes a non-conviction order for the offender, the Director of Public Prosecutions may apply to the court for a reparation order.

On such application, or on its own initiative, the court may make a reparation order requiring the offender to make reparation to the injured person.

If the offence relates to stolen property, a reparation order may also be made under Section 20, which provides for an order that a person having custody or possession of the stolen property restore it to someone entitled to recover it from the person; or an order that the offender pay the value of the stolen property to a person who, if the stolen property were in the custody or possession of the offender, would be entitled to recover it from the offender.

If the court considers that the offender has sold the property to a purchaser who was acting honestly, the court may make an order that the offender pay the purchaser an amount not exceeding the amount paid by the purchaser.

If the court considers that the offender has borrowed money on the security of the property from a lender acting honestly, the court can make an order that the offender pay the lender an amount not exceeding the amount owed to the lender under the loan.

What happens if I don’t agree about the amount of the order?

Section 108 of the Crimes (Sentencing) Act 2005 provides that if an offender and the Director of Public Prosecutions (or any other applicant for the reparation order) do not agree about the amount, the court must decide.

Section 110 applies in relation to facts about the amount the offender is to be ordered to pay under the reparation order. It says that an order must not be made unless the court considers that the order should be made on the basis of facts established by:

evidence given at trial; or
available documents; or
admissions by the offender; or
submissions made by or for anyone (including the Director of Public Prosecutions).

Available documents are defined to mean any of the following:

any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;
depositions taken at any committal proceeding for the offence;
any written statements or admissions used as evidence in any committal proceeding for the offence;
any other relevant written documents.

For example, if the value of an object, or the cost of its repair, is relevant to the proceeding for the reparation order, an affidavit by a valuer or repairer about the value of the object or the cost of its repair would be a relevant written document.

Can I pay by instalments?

Yes. Section 109 of the Crimes (Sentencing) Act 2005 provides that if the court makes a reparation order for the payment of money, the court may, in addition, order that:

the amount be paid by stated instalments; and
the offender give security, with or without sureties, to the satisfaction of a stated officer of the court for the payment of the amount or of each instalment of the amount.

Official notice of order

Section 113 of the Crimes (Sentencing) Act 2005 provides that as soon as practicable after the court makes a reparation order, the court must ensure that written notice of the order, together with a copy of the order, is given to both the offender and the person in whose favour the order was made.

For an offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility.

However, failure to give the notice as specified does not invalidate the reparation order.

For advice or representation in any legal matter, please contact Armstrong Legal.

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