A Lawyer to talk to and trust: What I’ve seen from a country law firm

It is a never-ending source of amazement to me as to why country people and those in regional towns and cities engage big city, big advertising law firms to represent them when they have an accident or some other legal problem.

Is it the perception that a firm that advertises on television or has a multi-million dollar sponsorship of some sporting spectacular will somehow do a better job with their claim. Sometimes it is just that the advertisement appears at the same time as the need and client, unaware of the intricacies of the legal practice is captured by the glossy advertisement thinking that all lawyers must be equally able to fulfill their needs.

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Rights & Entitlements for Terminated Employees

If you’ve been terminated from your employment, its important to know your rights and entitlements.

Termination

If you’re losing your job, it’s a requirement that you be given notice of your termination. There is no particular form in which notice of termination must be given however its recommended that it be provided directly to you and in writing.  In addition to this you must be given ‘reasonable notice’ as to when your employment will end. This length of time may be stipulated in your contract or prescribed by legislation or an award.

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Victorian Motor Accident Victims – New TAC protocols for Common Law claims

As of 1 January 2020 the Transport Accident Commission (“TAC”) have introduced new protocols in relation to Common Law claims (also known as Serious Injury claims) which are designed to supplement their prior protocols. These supplementary protocols are designed to help those injured in Victorian Motor Vehicle Accidents obtain compensation in a more timely manner.

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I’ve been in a Motor Vehicle Accident… Do I need a Lawyer?

The simple answer is YES!

But first lets backtrack a little and catch up with some of the recent changes in the law regarding personal injuries as a result of motor vehicle accident in NSW.

From 1 December 2017 a new scheme commenced as a result of reform to the Motor Accident Compensation Act (1999). The principle change was that some benefits were available to all people injured in a motor vehicle accident regardless of fault (for a limited period).

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Side-Stepping Thresholds & Defences with Consumer Protection Legislation

Australian consumers are very fortunate – we have a fantastic Consumer Protection regime which is generally well enforced by the ACCC.

What we are beginning to discover however, is that the Consumer Protection legislation, at least at face value, has much wider-ranging application than just giving you protection when you buy some dodgy groceries or a new kettle.

So what kinds of relationships between types of cases and these protections are we beginning to see?

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Family Law Series: Enforcement of Court Orders

For Family Law, the type of orders you have in place will determine what options you have in relation to enforcement.

Contravention Applications apply to parenting orders and can be made when one party alleges that the other has failed to comply with the orders. This is most frequent when one party does not allow the other to spend time with the child.

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Family Law Series: Parenting Orders

Parenting orders are a set of orders finalised by the court which detail the parenting arrangements for a child or children. They can be made either by consent or after a court hearing/trial.

The arrangements that parenting orders deal with include where the child is to live, the time the child will spend with each parent or other people (grandparents etc.), the responsibility of the parents and any other important aspect of their welfare, care and development.

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Family Law Series: Financial Agreements v Consent Orders

If you and your partner have come to an agreement on division of property and now need to finalise the agreement, it is important to consider which option is most appropriate for your circumstances.

Financial Agreements are a good option to finalise the division of property without having to go to court as they do not require the court’s approval to become binding. The downfall of this option however is that they do not offer the same protection for further claims as would filing Consent Orders with the court.

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Family Law Series: What is a Parenting Plan?

A Parenting Plan is an informal written agreement between the parents of a child, setting out the parenting arrangements. Parenting Plans are designed to be a less formal process than court to document a parenting agreement.

For a Parenting Plan to be considered effective, it must be signed and dated by the parents of the child. This can include grandparents, step-parents or other legal guardians.

If a Parenting Plan details information on child support, a copy should be provided to the Department of Human Services (DHS). This can assist with a determination of how much child support is payable where it details the amount of time spent with each parent. If the plan specifies amounts payable for child support, this cannot be enforced by DHS unless a separate child support agreement is in place and has been accepted by them.

Parenting Plans are not legally enforceable as they cannot be registered with the court. For an agreement to be enforceable, proper Parenting Orders are required to be made with the court. You should seek legal advice if you are unsure whether you require Parenting Orders.

Injured at Work? Know Your Entitlements.

Injured workers often find themselves in a difficult financial situation. Not only are they struggling with the physical and psychological aspects of their injury but their ability to earn an income has been affected. Often they have a family to support and a reduction in income adds to the stress and anxiety already being felt.

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