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Supermarket Trip? How to Make a Slip and Fall Personal Injury Claim

Supermarket Personal Injury Claim 

Unfortunately, a trip to the supermarket can cost you more than your grocery bill. Supermarket slip and fall personal injury claims are very common. Below is some information on the steps you should take if you are injured in a supermarket or shopping centre.

1.Seek medical attention

2.Report the accident

Report the injury to the negligent party to ensure they are aware of the injury. Ensure you keep a record of any correspondence with them.

3.Consult a lawyer to see if you are eligible 

Merely sustaining a slip and fall injury in a public place is not sufficient for a public liability claim – it must be proven that your injury was caused by another person’s negligence. Therefore, a personal injury lawyer can determine whether you are eligible for a public liability claim and your chance of success.

To make a personal injury claim, you must prove that:

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AFSA Offence Referral Update

Recent updates to the Alleged Offence Referral to AFSA template now provide for the inclusion of details of any person (individual or corporate) acting on behalf of, or assisting, a bankrupt or debtor. This can include a spouse, child, friend, accountant or lawyer assisting a bankrupt in an informal capacity, as is often the case.

As trustees are aware, they have a duty under section 19(1)(i) of the Bankruptcy Act 1966 to refer to AFSA any evidence of an offence committed by a bankrupt. However, there are often circumstances where it is unclear whether there is sufficient evidence to support an offence referral. AFSA has available a Pre Referral Enquiry (“PRE”) program that is a convenient and efficient way to deal with such matters. PREs can be as simple as emailing AFSA with a summary of the circumstances and suspected offence/s and are particularly useful:

  1. for suspected trivial offences (e.g. failure to advise the trustee within 21 days of new employment) that do not impact on an administration;
  2. Continue reading…

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Can My Personal Injury Claim Continue If I Die?

Personal Injury Claim 

A question personal injury lawyers are commonly asked is: if I were to pass away before my personal injury claim is finalised, can the estate still recover damages?

The answer is YES – a personal injury claim for damages can be bought on behalf of the estate to recover damages that the deceased would have received.

However, only economic damages can be recovered in this case. These include:

  • The loss of earning capacity prior to death;
  • Medical and hospital expenses prior to death;
  • Damages for gratuitous care services provided prior to death that were both received and provided by the deceased to other individuals; and
  • Funeral expenses.

The estate is not able to claim damages for lost earning capacity after the date of death. Additionally, punitive or exemplary damages are not available.

Usually, general damages (non-economic loss damages) are not available.  There is however an exception in dust disease cases, whereby the estate can be awarded general damages (such as damages for loss of expectation of life). However, these can only be awarded if the proceedings have been initiated whilst the deceased is still alive.
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Speaking to a Divorce Lawyer about Treatment of Assets after Separation

When parties to a relationship separate or divorce, they will at some stage need to divide their property through the process of a property settlement. Time limits apply to applications to the court for property settlement.[1]

Sometimes there can be a significant delay between the date of separation and date of a final property settlement. This may be because one party does not accept that the marriage is over or they do not want to meet with a divorce lawyer.  It may also be because the parties just want to get on with their lives and avoid the perceived complexity relating to a property law settlement.  This type of delay can have an impact on the final settlement, particularly if one of the parties receives an inheritance or other large lump sum payment after separation.

It is often thought that property acquired after separation will be excluded from the property pool to be divided between the parties. This was an issue that the Full Court of the Family Court of Western Australia considered in the recent case of Calvin v McTier [2017] Fam CAFC 125. In this case the husband acquired a significant inheritance from his father’s Estate four years after the parties separated. The Trial Judge found the net value of the matrimonial property to be $1,340,319.00.  The inheritance remaining at the time of the trial was $430,686.00.

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Commercial Law – Taxing Times for foreign owners

By Natalie Gosper, a Solicitor in our Commercial Law team.

In 2016 and continuing in early 2017, we saw many changes to legislation affecting both vendors and purchasers of property. These changes largely came about due to the new Commonwealth Reporting Requirements (CRR).

The CRR places requirements on States and Territories to report transfers of freehold or leasehold interests in land.  The information collected is used for data matching by the ATO to ensure compliance with Commonwealth tax laws and for the establishment of the National Register of Foreign Ownership of Land Titles.

For NSW property transactions, purchasers comply with the CRR by completing a Purchaser/Transferee Declaration.   The form, required by OSR, must be completed for every property transaction requiring a stamp duty notation (including Transfers of Land and Surrenders or Transfers of Leases).

Some of the recent legislative changes affecting foreign owners include:

NSW Land Tax surcharge

A land tax surcharge of 0.75% (i.e. over and above the usual rate of land tax) applies to foreign owners of residential real estate commencing in the 2017 land tax year.
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Child Custody & Child Custody Laws

Child Custody Laws and Child Custody Rights are terms often used when parents seek advice in relation to parenting disputes. When parties make competing parenting applications, the Court is required to consider what is in the best interests of the child.

Children’s Rights

Child Custody Rights relate to the rights of the subject child, not the parents.

The rights of a child can be summarised into two primary considerations:

  1. The child’s right to have a meaningful relationship with both parents; and
  2. The child’s right to be protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

If the primary considerations conflict then the need to protect the child prevails.

The best interests’ principle is the overarching and paramount consideration in all parenting matters. Primary considerations, together with an extensive and broad list of additional considerations are matters that the Court will take into account when determining what is in the child’s best interest. An experienced family lawyer can advise you on which considerations are relevant to your circumstance.

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CREDITORS AND THE INSOLVENCY LAW REFORM ACT 2016

By Darrin Mitchell, Senior Associate at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group.

As the 2017 year draws to a close, creditors would be aware that both instalments of the Insolvency Law Reform Act 2016 (“the ILRA”) have come to pass.

What should creditors be aware of under the new regime?

The ILRA is an attempt to reform the insolvency law but also to provide an improvement in the confidence of the public in the overall performance of the trustees and liquidators appointed to the various estates and administrations that are commenced every day.

Under the Corporations Act 2001 only the liquidator of the company can commence an action for preference payments or voidable transactions. The ILRA allows a liquidator to assign a voidable transaction to a third party (including creditors!). This may result in claims being commenced which the liquidator thought were not commercial to pursue.

Under the ILRA creditors are given significant additional powers to call meetings, request information, and documentation regarding the administration of a bankrupt or corporate insolvency administration. This gives control, upon the passing of a resolution, to give certain directions to the trustee or liquidator and in addition, to remove the trustee or liquidator, although the practitioner has a right to apply to the Court to avert removal.
Continue reading…

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CREDITORS AND THE INSOLVENCY LAW REFORM ACT 2016

By Darrin Mitchell, Senior Associate at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group.

As the 2017 year draws to a close, creditors would be aware that both instalments of the Insolvency Law Reform Act 2016 (“the ILRA”) have come to pass.

What should creditors be aware of under the new regime?

The ILRA is an attempt to reform the insolvency law but also to provide an improvement in the confidence of the public in the overall performance of the trustees and liquidators appointed to the various estates and administrations that are commenced every day.

Under the Corporations Act 2001 only the liquidator of the company can commence an action for preference payments or voidable transactions. The ILRA allows a liquidator to assign a voidable transaction to a third party (including creditors!). This may result in claims being commenced which the liquidator thought were not commercial to pursue.

Under the ILRA creditors are given significant additional powers to call meetings, request information, and documentation regarding the administration of a bankrupt or corporate insolvency administration. This gives control, upon the passing of a resolution, to give certain directions to the trustee or liquidator and in addition, to remove the trustee or liquidator, although the practitioner has a right to apply to the Court to avert removal.
Continue reading…