Child abuse claims - can they be thrown out of court?
In this article we will consider what is a ‘stay of proceedings’ and look at what a court might consider to grant an application for a permanent stay of proceedings in child abuse claims.
Legislative win for first responders and emergency workers in Queensland workers’ compensation changes
In May 2021. changes to workers compensation (QLD) allow easier access to compensation for first responders and other emergency workers who sustain a post-traumatic stress disorder (PTSD) injury during the course of their employment.
What is an independent children’s lawyer?
In certain family law proceedings, an independent children’s lawyer will be appointed to represent the best interests of your child. Your child will not be able to instruct the ICL nor choose the lawyer they want to represent them during your proceedings.
Worker’s compensation NSW – an employer must provide suitable duties for injured workers in certain circumstances
Workers who have an accepted workers compensation claim in NSW, generally assume that they will return to work on “suitable duties” when possible. But what happens if an employer refuses to offer suitable duties?
Federal Court determines insurer acted unfairly in cancelling policy and demanding $24,649.91 from the insured individual
After being diagnosed with cervical cancer in 2014, a woman made a claim on her income protection insurance. Not only was the claim was denied by TAL, but they also cancelled her insurance policy and advised her that she owed them $24,649.91 for a “breach of your duty of good faith”.
Enduring Power of Attorney and providing gifts to your attorney
Enduring Powers of Attorney allow you to appoint someone to act on your behalf should you be unable to do so. Any transactions with your Enduring Attorney or a relation, business associate or close friend of the attorney including gifts, raises a presumption of undue influence.
Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime
Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.
Truck driver’s workers compensation appeal increases payout from $764,000 to $967,000
The recent Queensland Court of Appeal decision of Peebles v WorkCover Queensland has seen an injured worker’s damages increase significantly from $764,052.92 to $967,052.92. The Queensland Court of Appeal found that the trial judge had discounted economic loss too heavily and underestimated future weekly loss.
Can you be directed to take annual leave during a temporary shut down?
Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?
What conditions can the court impose in Domestic Violence Orders?
A Domestic Violence Order is a document issued by a court which orders a person to stop threats or acts of domestic violence. In this article, we will look at the conditions set by the court in a DVO and the duration of Protection Orders.
My employer hasn’t been paying my superannuation guarantee
In Australia, employers are required to pay a minimum percentage of eligible employees’ earnings into a superannuation fund. This is called the ‘superannuation guarantee’ and is designed to fund retirement. Some employers are not paying the required super guarantee payments which leads us to the question, ‘What can you do about unpaid employer contributions of superannuation?”