Since the High Court of Australia handed down its findings in the matter of Thorne v Kennedy [2017] HCA 49, there has been much discussion as to what the implications of the decision are for binding financial agreements in Australia, with more than one headline rhetorically questioning whether the decision marks “the end” of BFAs...
If you find yourself in the unfortunate situation where you are a victim of a criminal offence such as an assault occasioning bodily harm, unlawful wounding, or sexual assault you may be eligible to obtain compensation for the loss and damage suffered. The three different ways victims of crime can recover compensation for physical injuries...
How to go about making a will if capacity is question. Who decides on the capacity? When should the Will be signed? Could the Will be challenged? How a lawyer can help. If you are over the age of 18 you can make a Will - provided you have capacity.
Including a liquidated damages clause in construction or commercial contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract. It is therefore important to understand exactly what is meant by this term, particularly if you find yourself in the unfortunate position of...
Workers’ compensation is compensation payable to a worker who sustains an injury arising out of or in the course of employment or whilst the worker is acting under an employer’s instructions. The workers’ compensation scheme in Western Australia is governed by the Workers Compensation and Injury Management Act 1981 (WA). Who Can Make a Claim?...
Over the last decade, an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating de facto couples as applies to separating married couples. Any financial dispute...
On 7 December 2017, the Commonwealth Parliament enacted legislation that amended the definition of marriage in the Marriage Act 1961 (Cth) to ‘…the union of 2 people to the exclusion of all others, voluntarily entered into for life’ (formerly, the definition was in terms of the union of ‘a man and a woman’). The effect...
People talk about buying their first home as being a life-changing event, which it is. It is rare however for people to talk so excitedly about moving into retirement living. Sooner or later most of us are likely going to have to deal with this confronting issue, either because we are helping our parents or...
Businesses should have systems in place to ensure that the correct determination is made as to whether a worker should be classified as an employee or as an independent contractor. This is important as tax, superannuation and other obligations will apply depending on whether the worker is classified as an employee or as an independent...
All indictable offences may be tried on indictment, but some indictable offences may be tried summarily in the magistrates court if the Criminal Code, or another written law, provides for a “summary conviction penalty” for an indictable offence and the accused is charged with committing the offence in circumstances where the summary conviction penalty applies...
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