Top 5 Tips for Drafting a Statement
In various personal injury and related matters, a well drafted statement is a useful tool and, in areas such as workers compensation and motor accident claims, is often a claimant’s…
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Resolving disputes over ‘suitable duties’ in New South Wales Workers’ compensation claims – what you can and can’t do at work after an injury
…1987 (NSW) (WCA) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (WIMWCA). These outline the rights and responsibilities of injured workers, employers, and insurers concerning suitable duties…
Meaning of “and” and “or” – wrongful termination of agreement to lease
…use of the word “and” connecting the two conditions or elements, is that these provisions apply and only apply if both (i) and (ii) are satisfied. Based on this, Oxanda…
Case Summary – Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265
…at 20% and statutory contribution contained any appellable error. Court of Appeal Decision The Court of Appeal (per Leeming JA, Gleeson and Payne JJA agreeing) allowed the appeal in part….
Annual Leave Under the Fair Work Act 2009
…FW Act and the Fair Work Regulations 2009. The FW Act provides for paid annual leave to be taken for a period agreed between the employer and employee, and to…
Letters of Wishes and their role in Estate Planning
…is unenforceable; state that it is not to be read as a formal testamentary document; be marked as private and confidential; and should not: fetter a trustee’s discretion; contain directive…
Workers Given New Hope – Opening The Door For Further Medical Assessment To Overcome Thresholds
…included the introduction of Section 322A of the Workplace Injury Management and Workers Compensation Act 1998 (‘the 1998 Act’), setting an apparent limit of “only one assessment of the degree…
CENSORED – the blurred lines of publishing in the “public interest” and the right to a fair trial
…apply to Australian generated content only. This should be the subject of legislative change and attention. Without any recognition of the changes in technology and exchange of information, overseas media…
Are you entitled to compensation for a sports injury and if so, who can you sue?
…02 9291 7160 for assistance with your personal injury matter. [1] Parliament of Australia, Concussions and repeated head trauma in contact sports (Feb 2023) <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Headtraumainsport#:~:text=On%201%20December%202022%2C%20the,report%20by%2021%20June%202023> [2] ABC News, Senate inquiry…
Till Death Do Us Part – Accounting for Disloyalty
…it was based upon. Woff and Corby while still employed by Lifeplan took steps to implement the plan including preparation of Foresters marketing material and documentation as well as attending…
Not for Profit Charity Law Day 2018
…systems and advises on Tax issues. She is an expert on the operation of the Australian Charities and Not-for-profits Commission (ACNC) and guides her clients through a risk-free pathway. Patricia…
Redress – Are we there yet?
…attention has resulted in different avenues of restitution, available through the law and other schemes. Each State and Territory has handled compensation and rectification in their own unique ways. This…
Business, regulations, promotion and marketing – The $2 million ‘spam’ fine for DoorDash
…spam compliant and does not get penalised by ACMA. Please contact Carroll & O’Dea Lawyers via our Contact Page or call us on 1800 059 278. [1] https://www.insideretail.com.au>business [2] https://www.9news.com.au/national/doordash-spam-delivery-company-fined-2-million*]}*-for-sending-1-million-spam-texts-and-emails/6e506084-bf63-49c7-b59a-5da563638a5b…
Should we, could we, are we trading and paying rent in our retail shopping centres?
…a result of an order from an Authority acting under an Act, the tenant legally must operate and has no right to seek relief or compensation from the landlord. This…