What happens if the original Will cannot be found?
When a person dies, and they had a valid Will, their executor will apply for a Grant of Probate to administer the estate. There can only ever be one original Will and it’s one document required for a Grant of Probate. So, what happens if that original Will is lost or missing?
Bail eligibility in NSW: the unacceptable risk test, bail conditions and bail refusals
Being arrested and charged with a criminal offence creates a lot of stress and uncertainty. If you are in this position in NSW, you will no doubt have many questions, which might include: “Will I get bail?”, “Will there be conditions imposed on my bail?” and/or “What can I do if bail is refused?”
Worker’s compensation NSW: What is an independent medical examination (IME)?
When you get injured at work in NSW, you will be required to attend an IME from time to time for both the insurer and/or your legal representative of your worker’s compensation claim.
Redundancy pay and notice entitlements
A genuine redundancy occurs when an employee’s employment is terminated at the employer’s initiative because the employer no longer requires that job to be done by anyone. The exception to this is where the employment ends due to the “ordinary and customary turnover of labour”.
External accountants fined $70,000 in Federal Court case brought by Fair Work Ombudsman
An accountancy firm and a principal advisor from the firm have been fined almost $70,000 for contraventions of the Fair Work Act 2009. The firm was the accountant for a number of entities being investigated by the Fair Work Ombudsman for failure to keep employee records in contravention of the Act.
Make a without prejudice offer to settle a dispute with your employer
If an employee wants to shortcut the workplace disciplinary process, or they’re having a tough time at work and want to look at negotiating an exit, they can consider making a ‘without prejudice’ offer to settle the dispute by offering to resign in return for a settlement payout.
Death of 11-week-old baby leaves government department open to being sued for compensation
In November 2018, a distressing incident in regional South Australia exposed the dark reality of child neglect and systemic failures in child protection services. Government departments and other organisations and institutions have a duty to protect children under their care from harm.
Positive changes to health assessments for child visa applicants born in Australia
Changes to the Migration Regulations, which came into effect on 16 October 2024, recognise that children who have been born in Australia to overseas nationals and who have spent a significant part of their childhood residing here have a strong connection to the Australian community.
Investigation into historical abuse at Wolston Park Mental Health in Queensland
In a significant development, the Queensland government has announced an investigation into Brisbane's Wolston Park mental health institution following an ABC report that uncovered historical allegations of sexual, psychological and physical abuse at the facility.
Successful defence of criminal charge of ‘injure property’
In August 2024 we successfully appeared for a Tasmanian member of the United Worker’s Union in relation to a criminal charge of ‘injure property’. This matter highlights the importance of getting legal advice and representation early if you are charged with a criminal offence.
Assistance animals, discrimination and the law
The law involving assistance animals is complex and it can be difficult to find the right information if you already have an assistance animal or if you have a disability and are looking to receive the support of an assistance animal.
Lifting injuries in nursing: understanding your workers' compensation rights in Queensland
Queensland nurses are often required to engage in physically challenging and repetitive tasks such as lifting and moving patients and equipment. It is important for nurses and other healthcare professionals to understand their rights to workers’ compensation entitlements if injured in the workplace.