Litigation and Dispute Resolution Blog

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Redundancy for Employers

Redundancy occurs when an employee’s employment has been terminated by the employer because it no longer requires the job to ...
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Coronial Inquests in the ACT and NSW

When the manner and cause of a person’s death is not clear, an inquest into the circumstances of the person’s ...
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A guide for claiming compensation through the COVID-19 Vaccine Scheme

The Australian Government’s COVID-19 Vaccine Claims Scheme has now launched and we have created this handy guide to explain what ...
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Employee or Contractor? What is the difference?

The High Court’s decisions in Jamsek and Personnel Contracting The High Court of Australia has handed down much anticipated decisions ...
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Workplace investigations

Workplace investigations are an important risk management tool. Employers are obliged to protect their employees against inappropriate and unlawful conduct ...
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Is the National Redress Scheme right for you?

The National Redress Scheme was created following the Royal Commission into Institutional Responses to Child Sexual Abuse. It is a ...
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How to Claim Compensation as a Survivor of Child Sexual Abuse

If you are a survivor of child sexual abuse, you may be entitled to compensation. We know that no amount ...
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How to Claim Compensation Following A Sexual Assault

Sexual assault has devastating impacts on an individual, which, in many cases, can be compensated. While we understand that compensation ...
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Women’s Health Claims – What are your rights?

As part of Elringtons’ specialisation in Health and Medical Law we have extensive experience with claims relating specifically to female ...
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Are you a healthcare professional who is stressed or burnt out?

Amidst the COVID-19 pandemic, most recently with the arrival of the Omicron variant, there has been renewed focus on the ...
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Resign in desperation

Resignation – A guide for employers

Resignation is a situation where the employment has been terminated on the employee’s initiative. For a resignation to be valid, ...
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Automobile in wall

NSW Motor Vehicle Accident Claims

In NSW, people injured in motor vehicle accidents are able to claim for time of work, medical treatment and costs ...
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What is an Employee Handbook?

The employee handbook is one of the most important documents designed for employees. It outlines and communicates a company’s culture, ...
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What are Employee entitlements?

Minimum employee entitlements are outlined in the National Employment Standards (‘NES’) and applicable modern awards. These entitlements include, for example: ...
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Policies and Procedures for both employers and employees

Workplace policies and procedures are dynamic tools that benefit both employers and employees. These documents communicate standard procedures applicable at ...
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Unfair dismissal – What can I do?

Dismissal is defined as a situation where the employment has been terminated on the employer’s initiative, or where an employee ...
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Dismissal from employment

Dismissal is defined as a situation where the employment has been terminated on the employer’s initiative, or where an employee ...
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Building workers on site - Industrial relations

Employment and Industrial Relations for Employers

We are trusted employment law specialists who have been providing expert services to employers in Canberra, Queanbeyan and surrounds for ...
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Termination of employment – unfair dismissal or forced resignation?

Employment contracts may come to an end in a number of ways, initiated either by the employer or by the ...
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Motor Vehicle Accident Compensation in the ACT

If you have been injured in a motor vehicle accident in the ACT you can claim compensation for loss of ...
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We are hiring - tips for employers

Employment contracts – tips for employers

An employment contract is an agreement between an employer and an employee which sets out terms and conditions of their ...
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What is discrimination?

Discrimination laws protect our human right to equality. There are many different laws in Australia which make discrimination illegal, but ...
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Workers

What are the differences between an Employee and a Contractor and why are they important?

Employees have different rights and obligations to independent contractors. You should be aware of all the differences prior to entering ...
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Agreement

Are you engaging a new employee or independent contractor?

Are you engaging a new employee or independent contractor? Or maybe you are an employee or contractor taking on a ...
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Are you covered for an injury while working from home?

Flexible work options have been around for a while, however working remotely is becoming more and more common due to ...
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High Court of Australia

High Court decision on Casual Employment

On 4 August 2021, the High Court of Australia made its final decision in the matter of WorkPac v Rossato ...
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Vials of Vaccine

What would a covid-19 no-fault claims scheme mean for you?

The Australian Government is establishing a COVID-19 Vaccine Indemnity Scheme to help guide potential claims through a no-fault claims process ...
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Five Tips for Comcare and EML Submissions

Five Tips for Comcare and EML Submissions Many workers need to make submissions to Comcare or EML in response to: ...
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Can I Withdraw my Resignation from Work?

If you have suddenly resigned from your job without clearly thinking about the consequences and then, after calming down, you ...
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How long do I have to make a medical negligence claim in the ACT or NSW?

If you are making a claim for a personal injury, time limits determine how long you have to make a ...
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What if there was an unauthorised entry to my home, business or property?

There is a basic principle at law: a person with exclusive possession of land has the right to decide who ...
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Obtaining and enforcing judgment debts

The debt recovery process in Australia can be technically challenging and complex. For this reason, it is usually, as well ...
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Personal Injury – Physical and Psychological (Mental) Injuries

Often when people think of an “injury”, the first thing that comes to mind is a physical injury or physical ...
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Debt Recovery Against Companies – Statutory Demand

There are a number of methods by which to secure repayment of a debt. For individuals, letters of demand and ...
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Will you be covered under workers compensation if you get Covid-19?

For our nursing, doctor, allied health and hospital worker friends, this is a very serious question. While workers compensation laws ...
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What are the Covid-19 laws in the ACT and NSW and do you owe obligations to fellow citizens?

Amidst the flurry of COVID-19 activity, we receive new announcements each day at both a Federal and State/Territory level in ...
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Covid-19: Already infiltrating court decisions

Residents of the ACT have been experiencing many changes to their daily lives as the government takes steps to attempt ...
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Tips for making an insurance claim

In the aftermath of the many recent catastrophic weather events that have impacted the ACT and NSW, insurers have experienced ...
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Reviewing Government Decisions

Commonwealth, State, Territory and Local Government laws affect us all in many ways. There are laws regulating occupational licensing and ...
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Comcare and EML ‘cease effects’ decisions

We specialise in Comcare and ACT Government workers compensation claims and have acted for many workers who have a ‘cease ...
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Pregnancy and Birth Claims

As part of our health and medical law speciality, we have had to advise expectant parents when things have gone ...
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Claims against aged care facilities – negligence, battery and contract

Did you know that if you or someone you love does not receive proper treatment in an aged care facility, ...
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Storing goods for friends

Who is liable if they are damaged? Following the devastating fires in the ACT and south east NSW, we have ...
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Psychological injuries for reality TV contestants: landmark case

Reality television is a very popular form of entertainment for lots of Australians, but what happens when it comes at ...
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New Aged Care Laws on Physical and Chemical restraints are Inadequate.

In our submission to the Aged Care Royal Commission, we have analysed new Federal government laws on physical and chemical ...
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News Update

New Laws on Physical and Chemical Restraints in Nursing Homes

The Federal Government has introduced a new law dealing with use of physical and chemical restraints in Aged Care Facilities/Nursing ...
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What should I keep track of after my personal injury? Our guide to your personal injury diary

If you have been injured in a motor vehicle accident, at work, by medical negligence or suffered any other personal ...
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Can I sue a nursing home for the death of a person?

On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care ...
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Fog on the Himalayas

Psychological injury because of death to family member

Can you sue someone because death of a family member has caused you a psychological injury? Yes. The law recognises ...
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Surgical Errors

Surgical errors include cutting of arteries or nerves, performing the wrong procedures, improperly inserting a medical device, leaving instruments in ...
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Wrong answer

Medical Misdiagnosis

When doctors don’t reach the right answer A doctor’s duty of care covers diagnosing health conditions and for many conditions ...
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Digital Security

New privacy obligations – the data breach notification scheme

Privacy and protection of personal information is riding high in the public eye after a number of high-profile breaches over ...
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Comcare Overpayments

Comcare Overpayment or Comcare Debt?

Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been ...
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Bega Hospital Sout Coast NSW

Medical Negligence Lawyers for South East NSW

Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence ...
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Volunteers and Vicarious Liability

Are you a volunteer or an organisation that employs volunteers? Are you and/or your volunteers covered by adequate insurance? Have ...
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Pipe Smoker

Is it legal to employ only non-smoker workers? What employee attributes are protected under law?

An ABC News article on 15 March 2018 highlighted that employers, across a broad range of areas, are advertising specifically ...
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NSW Workers Compensation

The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in ...
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Hospital Complications and Medical Negligence

By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...
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elringtons health law update – adverse effects from Implanon and Mirena

By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...
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How can you protect your business from bullying, harassment and discrimination claims?

It should be standard practice for all business, big or small, to have policies in place that deal with workplace ...
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Canberra Comcare Lawyers

By Tom Maling Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we ...
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Epilepsy and Bipolar Medications may have effected 20000 UK Children

by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
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Unfair dismissal

When is employment discrimination lawful?

It is well known that employment is an important factor for individual welfare and economic security. However, it is also ...
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Benches in park

How to make an effective nursing home complaint

by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
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elringtons health law update – hazard alert for Essure contraception implant device

By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...
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elringtons health law update – bullying and harassment rife in hospitals

By Tom Maling A survey of emergency department doctors has found that 49.8% of the 2000 doctors surveyed had been ...
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elringtons health law update – beware of the consent form

By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
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Dentist breaches aged care human rights

elringtons health law update – dentist breaches nursing homes residents’ human rights

By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...
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elringtons health law update – serious risks from coronary artery stent

Update by Tom Maling The government agency responsible for regulating medicines and therapeutic goods, the Therapeutic Goods Administration (TGA), issued ...
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Work place bullying

Workplace Psychological Injuries

by Tom Maling Workplace Psychological Injuries Whether you work for a private employer or the public sector (Federal and State) ...
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elringtons health law update – evidence growing on the serious side effects of a common reflux drug

Update by Tom Maling New research shows that common reflux drugs can increase your risk of premature death. If you ...
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Cocktail of tablets

Medications and Medical Negligence

By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...
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elringtons health law update – faulty aortic valve replacement devices

Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
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Comcare and Psychological Injuries

by Tom Maling Given the amount of time we spend at work and the high rate of Australians who experience ...
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What are my rights in relation to my health and medical records?

Information about health or medical treatment can be highly sensitive and it is important that it is handled appropriately by ...
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What is Medical Negligence?

By Tom Maling A doctor owes you a ‘duty of care’ and breach of that duty which causes you an ...
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Fog on the Himalayas

What Duty of Care Does a Nursing Home Have?

By Tom Maling The treatment of residents in nursing homes is receiving frequent media attention at the moment. It’s a ...
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Epilepsy and Bipolar Disorder medications linked to birth defects

By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...
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Consenting to Health and Medical Treatment

By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...
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Do Country Hospitals Have the Same Duty of Care as City Hospitals?

By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...
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Choosing and Refusing Medical Treatment

By Tom Maling In what circumstances can I refuse medical treatment? What a person can and cannot do with their ...
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Elringtons Lawyers secures $12 million settlement for client

elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...
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Making an Employee Redundant?

What should an Employer Do Before and After Starting the Redundancy Process? I have made that person redundant; why have ...
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Getting Redundancy Right – A guide for Employers

Most employers are aware what redundancy is. However, time and time again, employers do not understand or do not implement ...
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Civil Litigation for dummies – Part2

Hearings/trials At the hearing parties present evidence in support of their case to a magistrate or judge. Witnesses may be ...
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Civil Litigation for Dummies

Part 1 What is Litigation? Civil litigation is a legal dispute between two or more parties that, usually, seek economic ...
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Injured while driving for work?

“Case Study - Getting compensation where you are injured while driving for work purposes”. elringtons has been providing specialist legal ...
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Duty to mitigate losses – what is it and why?

If someone does something wrong to you and you suffer damage, you have a right to compensation to cover that ...
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Is the promotion worth it?

Is that coveted appointment to a position of non-executive director, or a promotion to non-equity partner, worth it?  You need ...
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Employees: To terminate or not to terminate?

How to ‘deal’ with employees has, in recent history, become confusing and dare we say, polarising.  The old Australian Industrial ...
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signing contract

Employment Contracts

Business relationships, although not marriages, can be just as binding and intimate, and the extraction can be just as complicated ...
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The Hazards of Social Media

Recent determinations by the Advertising Standards Board (ASB) have changed the ground rules for businesses operating Facebook fan pages. The ...
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Pushbike Riders Also Have a Responsibility

The NSW District Court recently determined that: Pushbike riders have an obligation to not cause injury to other road and ...
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Directors’ liabilities for PAYG tax obligations

As a general rule, directors of companies are not liable for a tax debt assessed on a company.  However, under ...
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Bankruptcy and Business Management

Background Mr Watts, an undischarged bankrupt, was disqualified from managing companies.  He applied to the court for a special order ...
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How long am I to be declared a bankrupt?

The term of bankruptcy generally lasts for a period of 3 years. However under certain circumstances, the term can be ...
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The importance of business records in managing debt

Maintaining up to date records of business transactions, although tedious, is extremely important for all companies. This is particularly true ...
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What is Drink Driving?

News Update New provisions will come into force on 25 November 2011 in the ACT requiring persons convicted or found ...
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Can I get compensation for personal injuries?

Background In the early hours of the morning, Mr Hawkins was cycling along the Pacific Highway at St Leonards when ...
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Employer Super Contributions are Compulsory

Under the superannuation guarantee law, most employers must pay super contributions (in addition to gross salary and wages) into a ...
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Neighbour Disputes

Neighbours can often reach extraordinary levels of hostility among themselves over two main sources of dispute, overhanging trees and their ...
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Do I need a lawyer if I have been charged with drink driving in NSW or the ACT

The recent ACT Supreme Court case of Peadon v Calgaro highlights the tough approach Magistrates are taking towards drink drivers ...
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