No Comments

Workers Compensation and Whole Personal Impairment

Workers Compensation and Whole Personal Impairment (WPI) over 30%

A worker who is assessed at over 30% Whole Person Impairment is considered a seriously injured worker. Seriously injured workers are entitled to a minimum weekly wage and reasonable and necessary medical treatment expenses for life. The need to undergo a work capacity is not needed for seriously injured workers.
If you require more information regarding your workers compensation claim and the issue of Whole Personal Impairment, please call us to arrange a Telephone Conference to discuss with one of our experts as to your compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis.
Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.
No Comments

Workers Compensation Claims

Workers Compensation Claims and Whole Personal Impairment (WPI) over 20%

Workers compensation claims – A worker who is assessed at over 20% Whole Person Impairment is considered a worker with high needs. Under the Workers Compensation Scheme changes that were made, it not only attracts a payment for a Lump Sum Benefit but also allows the worker to receive weekly compensation for periods of incapacity until retirement age.
The worker will be subject to work capacity decisions. A worker with high needs is entitled to reasonable and necessary medical treatment expenses.
If you require more information regarding your workers compensation claim, please call us to arrange a Telephone Conference to discuss with one of our experts as to your workers compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis.

Continue reading…

No Comments

When its better to get something than nothing, the use of Payment Arrangements in recovering your debt.

By Renee Smith a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group

When looking to recover funds from a Debtor there are numerous ways in which it can be recovered. All of those options should be canvassed and considered carefully. One of those options is an agreed payment arrangement.

Benefits of entering into a payment arrangement include the ability to receive regular periodic payments of funds from the Debtor as well as the ability to monitor the Debtor for any changes in their financial situation. In setting a frequent payment schedule such as weekly or fortnightly, any sudden changes in the Debtor’s financial situation such as the Debtor going into Bankruptcy or the Debtor Company going into external administration can be found out and acted upon quickly. An obvious disadvantage of entering into a payment arrangement is that depending on the amount of the debt owing, it can take some time for the outstanding debt to be paid in full.
Continue reading…

No Comments

Credit Repair Schemes – A Magic Wand?

The Australian Securities & Investments Commission (ASIC) has just issued a press release warning consumers about the aggressive and misleading sales techniques of companies promising to wipe clean bad credit reports.

As the press release makes clear, many of these companies are making promises they cannot keep and at the same time are seeking large upfront payments. See a copy of the press release here.

Despite what you might hear in certain advertisements, there is no “magic wand” for a debtor to improve their credit rating. The only ways that a credit report can be amended or updated is if the default listing is incorrect or the debt is paid.

The popularity of these credit repair schemes serves as a reminder that reporting a payment default remains an effective way to manage delinquent debt.

At Matthews Folbigg Lawyers we utilise default listing with reporting agencies as part of our multi-faceted approach to debt collection.

If you would like to discuss how Matthews Folbigg Lawyers can improve your credit collection performance, we would love to speak with you.

No Comments

The New Crown Land Management Act 2016

On 1 June 2018, the Minister for Lands and Forestry, the Hon. Paul Toole MP announced that the Crown Land Management Act 2016 (NSW) (CLM Act) will commence on 1 July 2018.

Local councils will commence management of Crown reserves under the Local Government Act 1993 (LGA) from 1 July 2018, and must be ready to start the transition to the new requirements from that date.

An Interim Schedule of Crown Reserves was distributed to each council to help complete the preparatory work of classifying and categorising Crown Reserves.

Until the CLM Act commences, Crown reserves continue to be administered in accordance with existing legislation – Crown Lands Act 1989 (NSW) – with no changes for existing reserve trusts, lessees, licence holders or other with an interest in Crown land.

 

 Key changes

  1. Native title manager training
  • A key change to the way councils manage Crown Land under the CLM Act will be the requirement for each council to employ or engage a trained native title manager who will be responsible for providing advice on certain dealings for land that may be affected by native title.
  • Continue reading…

No Comments

Can an intervener/objector participate in s34 conciliation conference after the onsite consultation?

On 19 April 2018, judgment was delivered in M.H.Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council [2018] NSWLEC 56 dismissing a motion by Gundagai Community Environmental Impact Group (GCEIG), an objector to the subject class 1 proceedings seeking an order to be permitted to participate in the “closed door” part of the s 34 conciliation conference.

Full judgment can be found here.

Background

The Class 1 proceedings in question concerned an application made by the Applicant in relation to the decision of the Southern Joint Regional Planning Panel (JRPP) to refuse the Applicant’s development application for the expansion of an existing solid waste, non-putrescible, landfill at the subject land. The Respondent Council is the relevant public authority to defend the decision of the JRPP in this matter.

GCEIG, a not-for-profit, ‘grass roots’ community based group, established to protect and enhance the environment, social and economic wellbeing of the Gundagai and District  GCEIG, filed a Notice of Motion in the proceedings, seeking two primary orders:
Continue reading…

No Comments

Increased Council and Court Powers under the recently reformed Environment Planning and Assessment Act

The recently reformed Environmental Planning & Assessment Act 1979 (the Act) continues to be rolled out over the first half of 2018. As well as the other amendments aforementioned in our previous article, one of the major changes to the Act is with regard to the increased powers given to Local Councils and Courts when dealing with complying development certificates for local development applications.

In order to achieve the NSW Government’s primary purpose “to promote confidence in our state’s planning system”, the Act aims to enable Local Councils and Courts to adequately and appropriately deal with developments and their relative certificates with more ease by granting them increased powers in this area.

Below is an outline of the major increases/changes in powers issued to Local Councils and Courts:

 

Powers to suspend work under a complying development certificate

Under the new amendments, Councils will have new investigative powers to suspend work under a complying development certificate for up to 7 days. Due to the generally fast paced nature of Complying developments, Council authorities have often found it difficult in using their current enforcement powers to ensure that improper or flawed complying developments are not being built. This new amendment seeks to address this issue, as it allows Councils to completely suspend works on a site while the 7 day investigative period happens, ensuring that they are able to fully exercise their enforcement options with regard to complying developments.
Continue reading…

No Comments

Record Keeping for a SMSF

Record Keeping for SMSF’s

Introduction (SMSF)
Most SMSF trustees are aware that record keeping is important to ensure their fund remains compliant and eligible for tax concessions, but few trustees understand the actual ramifications of what happens when you don’t keep the right records.

Record Keeping Requirements
The ATO website contains a great deal of helpful information for SMSF trustees including the records a fund must keep. See https://www.ato.gov.au/super/self-managed-super-funds/administering-and-reporting/record-keeping-requirements/

For example, copies of annual returns must be retained for at least 5 years but records of changes of trustees and minutes recording investment decisions must be kept for at least 10 years.

Wrong Turns – Real Life Examples

1. Maintaining the Chain of Deeds
A and B set up the AB Super Fund in 1987.  They are the trustees of the fund in their own capacity.

In 1990 and again in 1998 they updated the provisions of their SMSF trust deed.  Their accountant arranges this for them.

Continue reading…