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Childbirth is one of the most significant events in a woman’s life, often filled with anticipation and joy. However, for some women, this experience can be overshadowed by physical or psychological injuries, known as birth trauma. Birth trauma can have lasting effects on a woman’s health and well-being and has become a significant issue withinRead More »Birth Trauma and Medical Negligence in NSW
Complex regional pain syndrome (CRPS) is a very debilitating condition that can result from any injury whether at work, a public place or on the road. CRPS is often a commonly disputed injury in personal injury compensation claims due to the difficulty in diagnosis and its often being confused with other conditions such as chronicRead More »Complex Regional Pain Syndrome and its Legal Consequences
Dental negligence occurs when a dental professional fails to meet the standard of care expected in their field, resulting in harm to the patient. Defining Dental Negligence Dental negligence is characterised by a breach of the duty of care owed by a dental practitioner to their patient. It is important to note that not allRead More »Making a Compensation Claim for Dental Negligence
Employees in New South Wales, Australia, who find themselves unable to work due to illness or injury often rely on sick leave to maintain financial stability during their recovery. However, in cases of severe or work-related injuries, individuals may be eligible for workers’ compensation. One common concern among employees is whether their sick leave willRead More »The Status of Sick Leave Reinstatement After Lodging a Workers’ Compensation Claim in New South Wales
For most Australians their most likely interaction with the law will be via a personal injury claim, whether for a workers’ compensation, motor vehicle accident or public liability claim. For this reason it’s important to have some understanding of the legal terminology used in personal injury claims – so that you can understand the detailsRead More »Understanding the Legal Terminology Used in Personal Injury Claims
Everyone understands legal action can be expensive. If you have suffered a personal injury due to someone else’s negligence, it may be tempting to try and save money by pursuing a claim for compensation without legal representation. While an injured person is entitled to make a claim for compensation on their own, there are manyRead More »What are the Risks of Representing Yourself in a Personal Injury Claim?
Most of the time when we talk about making a compensation claim for a motor vehicle accident or an injury sustained in a public place, the information is clearly directed at adults. But children can also make compensation claims if they are injured in these accidents. Under the terms of NSW legislation such as theRead More »Can I Still Claim For an Accident as a Child?
Victory for Plaintiffs in Institutional Abuse Claims A High Court of Australia decision in 2023 represents a significant statement by the nation’s ultimate legal arbiter on claims by victims of institutional abuse. The case – GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 – saw theRead More »Victory for Plaintiffs in Institutional Abuse Claims – What are the Implications of this Recent High Court Decision?
The integration of artificial intelligence (AI) into medical practice and surgical procedures has brought about groundbreaking advancements in medical technology, enhancing precision and efficiency. However, as AI assumes a more prominent role in the operating room – as it does in many other areas of society – questions surrounding legal liability in the event ofRead More »Current Issues Around the Use of Artificial Intelligence in Surgical Procedures
Australia’s natural attractions and relative wealth make it a popular destination for foreigners to come to work, study, and to visit. But when an accident befalls a visitor while in Australia, their rights and the legal implications of seeking compensation are not well known. Motor accidents are the most common incident involving people with foreignRead More »What Happens When a Foreign Resident is Injured in a Motor Vehicle Accident in NSW
Recent changes to the motor accident injury scheme that was introduced in NSW in 2017 impact the benefits injured people are entitled to and some key deadlines for making a claim. The amendments in the Motor Accident Injuries Amendment Bill 2022, which commenced in November 2002, are aimed at reducing disputations and improving the efficiencyRead More »Recent Changes to the Motor Accident Injuries Act 2017
Life can be difficult after you’re injured at work. From driving to dropping the kids at school, basic daily tasks can become a lot more challenging when you’re trying to recover from an injury. One of the trickiest things to stay on top of are essential domestic tasks like cleaning, washing and maintaining the homeRead More »Can you Request Domestic Assistance While on Workers’ Compensation?
While accidents involving motor vehicles are a frequent occurrence in Australia, one of the common misconceptions is that another driver needs to be at fault in order for you to claim compensation for any injury that you might suffer. Entitlement to Statutory Benefits In respect of the first 12 months after a motor vehicle accident,Read More »No Fault Accidents – What Are My Rights?
In December 2022, the NSW government passed legislation increasing the jurisdiction of the District Court of NSW. The change has implications for litigants and legal practitioners alike – potentially providing cheaper and faster resolution of claims, reducing the backlog of cases and enhancing access to justice. The changes apply to proceedings filed on or afterRead More »Implications of the Recent Monetary Jurisdictional Increase in the NSW District Court
Suffering a workplace injury can be a harrowing experience – recovering and rehabilitating can be gruelling enough without also worrying about whether you may lose your job when you take time off to get better. Getting prompt legal advice from our workers’ compensation lawyers today. In NSW (and around Australia), an injured worker’s employment statusRead More »Can Your Employment be Terminated After Suffering a Workplace Injury?
We’ve likely all undertaken a recreational activity where we’ve been asked to sign a waiver form beforehand as the operator seeks to limit liability for potential injuries or damages to participants. Waivers or release forms are commonly used as a means for those who own or run the activity to limit their liability when individualsRead More »Can You Still Claim Compensation if You Have Signed a Waiver?
Understanding Section 30 of the Civil Liability Act (NSW) Losing a loved one in a terrible accident, or being involved in an incident such as a traffic crash where people are seriously injured or killed, can cause survivors unspeakable and often permanent mental harm. While once upon a time only physical injury caused by someoneRead More »Understanding Section 30 of the Civil Liability Act (NSW) on Who can Claim Damages for Pure Mental Harm Arising from Shock
When is a Claim Discoverable and What Does That Mean? Deadlines apply to many legal matters so that disputes can be resolved promptly with the aim of providing fairness and justice to all parties. One important reason for time limits is that the reliability of evidence is reduced by the passing of time as people’sRead More »Limitation Periods – When is a Claim Discoverable and What Does That Mean?
In recent years there have been a number of high-profile scandals in Australia involving cosmetic surgeons as the popularity of cosmetic surgery procedures has risen. From questionable practices before, during and after surgery, to disastrous, unforeseen results – including fatalities – the cosmetic surgery industry now carries the perception that it is full of ‘cowboys’Read More »Who Can Call Themselves a Surgeon?
Role of the Coroner When a Loved One Dies While the deaths of most of our loved ones can be explained by the ravages of illness and old age, in cases where a death is sudden, unexpected or occurs in traumatic circumstances (a violent murder, for example), the coroner will become involved to investigate. TheRead More »The Role of the Coroner When a Loved One Dies
In recent years, Australians have been confronted with revelations about child sexual abuse in some of our most trusted institutions. The Royal Commission into Institutional Responses to Child Sexual Abuse was a five-year inquiry that examined the history of abuse in educational institutions, religious groups, sporting organisations, state institutions and youth organisations. The findings ofRead More »What are your options if you Suffered Institutional Child Abuse? The National Redress Scheme v Common Law Damages
While recovery from a physical injury suffered by a person at work is relatively easy to demonstrate and assess, getting better and returning to work after a psychological injury is considerably more complicated. Whether caused by workplace harassment, stress or bullying, many Australians require time off to recover from psychological injuries sustained during the courseRead More »Using Workplace Facilitated Discussions to Improve Outcomes for People With Work-related Psychological Injuries
Institutional Abuse In recent years a fierce spotlight has been shone on abuse in some of society’s most respected institutions. During the Royal Commission into Institutional Responses to Child Sex Abuse, which handed down its final report in 2015, shocking instances of abuse in churches, schools, sports clubs and other institutions were revealed. The RoyalRead More »Institutional Abuse: The Difficulty in Speaking Up and the Process of Making a Compensation Claim
Vicarious Trauma Many of us work stressful jobs… but some jobs are more stressful than others. Doctors, nurses, police officers and social workers are some of the occupations where the pressure of performing in the job combined with what is seen and one each day can sometimes lead to physical and/or psychological breakdown. The relationshipRead More »What is Vicarious Trauma?
Unrepresented in Your Motor Accident Claim There are many reasons a person who is injured in a motor vehicle accident may wish to make a compensation claim on their own. They may not wish to spend money on legal representation either due to their financial circumstances or because they do not wish to ‘share’ theRead More »Are You Unrepresented in Your Motor Accident Claim?
If you are injured in a motor vehicle accident, the Motor Vehicle Accident Injuries Act 2017 regulates the benefits that you are entitled to receive if the accident happened in New South Wales. That compensation is divided into two types: Statutory Benefits; and Damages. This article deals with statutory benefits. Statutory benefits include: Funeral expensesRead More »Guideline to Statutory Benefits Under the Motor Vehicle Accident Injuries Act 2017
Some tricky issues can arise if you are involved in an accident while driving a car for work. In most cases your employer will have ‘vicarious liability’ for any costs arising from the accident, meaning the company is responsible for the accident and its insurance policy will cover damage and injury caused by you inRead More »Vicarious Liability and What Happens When a Work Vehicle is Involved in a Motor Vehicle Accident
Injuries at work can take many forms. The injury could be physical, psychological or a combination of both but because it occurred at work, it may give rise to a compensation claim. Getting prompt legal advice from our workers’ compensation lawyers today. Workers’ compensation legislation around Australia provides protection for workers when injured in theRead More »Suing Your Employer Due to Negligence
Deafness is a major concern for Australians working in industrial workplaces such as factories, the mining industry, and many trades. Industrial deafness is often caused as a result of exposure to loud noise in the workplace from machinery or other equipment. Although protection such as earmuffs, and earplugs are often used, they are not alwaysRead More »Experienced hearing loss or deafness from working in an industrial workplace? You may be eligible for an Industrial Deafness Claim.
In the event of a motor vehicle accident, your ability to make a claim under the New South Wales compulsory third party insurance scheme depends on whether your injury is classified as a minor or non-minor injury. Whether an injury is considered minor or non-minor depends on the diagnosis of the injury, not the physicalRead More »Minor Injury vs Non Minor Injury
The Successful Use of Mediation and Alternative Dispute Resolution to Resolve Personal Injury Claims
When most people think of legal action it’s likely they think of courts and judges. In fact, these days many legal disputes between people are resolved outside of courts by alternative dispute resolution means such as mediation. The growth of mediation as a way of solving legal disagreements was an inevitable response to the expense,Read More »The Successful Use of Mediation and Alternative Dispute Resolution to Resolve Personal Injury Claims
By their very nature, building sites are some of the most dangerous places to work. According to Safe Work Australia statistics, 182 people were killed at work in 2020, of which 21 worked in the construction industry. By mid-September, 2021, 84 Australians had died at work, of which 11 were in construction. Only workers inRead More »Construction Site Claims – What Can I Claim?
Workers Compensation Workers compensation is often referred to as the “no-fault” scheme. A worker is entitled to bring a claim for statutory workers compensation when they have sustained an injury, whether physical or psychological, in their employment. Suppose a worker develops a “disease injury”. In that case, their employment must be the main contributing factorRead More »What is the difference between a workers compensation claim and work injury damages claim?
While many people may have seen the acronym ‘TPD’, possibly in connection with their superannuation policy, they may not be aware of what it stands for or what it means. Total and permanent disability – TPD – is a form of insurance accessed by those who unfortunately experience illness or injury which prevents them fromRead More »TPD Claims – What Does Total and Permanent Disability Mean?
The Motor Accident Injuries Act 2017 changed the way in which compensation is payable for injuries suffered in motor vehicle accidents. Previously, the Court would award a ‘once and for all’ payment that included compensation for past and future losses. The common law scheme was changed slightly by the Motor Accidents Compensation Act which providedRead More »Why Do I Have to Wait 20 Months to Pursue My Motor Accident Damages Claim?
Before the advent of the concept of workers’ compensation, a family could be pitched into poverty and ruin if the main breadwinner was killed while at work. This was, unfortunately, a common occurrence in the days before ‘office work’, when most labour was more physical and more dangerous. These days, thankfully, the loved ones ofRead More »Compensation Claims When a Loved One Dies Due to a Workplace Injury
One of the most significant changes to motor vehicle accident claims when the Motor Accident Injuries Act 2017 (‘the Act)’ was introduced was the definition of a ‘minor injury’ under the Act. Many commentators argued that this change gave greater power to insurance companies to deny a person’s compensation claim for damages because the insurerRead More »Minor Injury or Non-Minor Injury? Can I Make a Motor Vehicle Accident Claim?
BPC Lawyers have skilled public liability specialists who can ensure that you will receive proper compensation in the event you suffer an injury by way of a slip or fall in public places. These cases require detailed preparation prior to achieving a successful outcome. Here are two recent case studies which will provide you withRead More »Slips and Falls in Public Places
Incapacity and consent to COVID-19 vaccination There have been a number of cases dealt with by the Court of Protection (COP) in the United Kingdom concerning the issue of consent to COVID-19 vaccinations including the following cases:- Re E [2021] EWCOP 7; SD v RBKC [2021] EWCOP 14; and Re CR [2021] EWCOP 19. In the aboveRead More »Current Legal Issues Pertaining to COVID-19
Society now has a much better understanding of mental health issues than it once did. We have a better understanding of the effect that harassment, bullying, discrimination or changes in job responsibilities can have and we can discuss these issues in a compassionate and understanding way. Fortunately, as a result, we are now better equippedRead More »What You Need to Know About Psychological Injury, A Common Workers’ Compensation Claim
The NSW workers’ compensation scheme provides a tiered system of compensation; the more serious your injury, the longer your entitlement to compensation. In assessing the severity of your injury, the scheme utilises an objective set of principles, known as the “American Medical Association Guidelines for Evaluation of Permanent Impairment, 5th Edition” (AMA5) complemented by aRead More »How does my Whole Person Impairment impact on my workers’ compensation rights?
Compromise to Minimise Legal Costs Exposure A key reason many people avoid going to court is the perceived cost of legal action. There are two common ways by which injured people may reduce the cost of legal action. The first is through a formal offer of compromise. The second way is by making a ‘CalderbankRead More »Using an Offer of Compromise to Minimise Legal Costs Exposure
You attend upon your general practitioner for a referral for your routine mammogram and subsequently present to radiology, just like you have done for the last 6 years. You leave the radiology clinic and receive no follow up from either practitioner and you assume no news is good news but is this really the case?Read More »No News Is Good News, but Is It?
Dust diseases are lung conditions caused by inhaling certain products which can be in a form of powder or dust. Most often, dust diseases are caused by asbestos dust. Workplaces where exposure is common to include home building sites, commercial construction sites, import and waterside precincts, logistics and trucking industries, excavations and tunnel work andRead More »I have been Diagnosed with a Dust Disease Due to Exposure at Work. What are My Entitlements?
We have seen an increase in the number of enquiries for BPC Law to investigate cases where it is alleged that a hospital failed in its duty of care to treat early symptoms of a stroke. It would appear to be uncontroversial that the earlier a stroke is recognised and treated the better the likelyRead More »Delay in Diagnosis of Stroke
A key principle of law is that justice, where possible, should be swiftly administered. Justice delayed means that key elements of a case such as evidence and the recollections of the parties involved may not exist or may be unreliable by the time legal action is commenced. This is the reasoning behind limitation periods onRead More »Limitation Periods: How They Might Affect Your Case
Billboards and ads on the sides of buses bearing ‘NO WIN NO FEE’ in large letters have made us all well aware that the area of legal representation for personal injury compensation is a competitive one. If you experience a personal injury and believe you might have a claim for compensation, what does your lawyerRead More »What Does a Personal Injury Lawyer Do?
Compulsory superannuation in Australia means that many people hold a Total & Permanent Disability (TPD) policy through their super fund. ASIC has found that 90 percent of TPD policies in Australia are held through super funds, however, they can also be part of a life insurance policy or taken out independently through an insurance company,Read More »Am I Entitled to Lodge a Total & Permanent Disability Claim?
Total and Permanent Disability (TPD) claims can be particularly complicated claims to make. Usually the complexity arises from the terms of the policy – TPD policies can vary greatly in their definitions and eligibility requirements for making a claim, some requiring an enormous level of detail relating to your health, medical history, work history, lifestyle,Read More »Why it’s Better for a Lawyer to Handle Your TPD Claim
Use Accredited Specialist Lawyers in Personal Injury Claims So you’ve been injured at work, in a car accident, falling over in a public place or through a medical procedure gone wrong. In any of these situations, you may be entitled to compensation for the injury you have sustained but be warned, there’s a lot ofRead More »Why it is Best to Use Accredited Specialist Lawyers in Personal Injury Claims
In an ideal world making a claim for workers’ compensation or compulsory third party (CTP) motor vehicle accident compensation ends with the claimant being paid an amount they are satisfied and happy with. But for around 17,000 people each year, such claims for compensation end up in dispute resolution because the person making the claimRead More »What You Need to Know About the New NSW Personal Injury Commission
If you’re self-employed and are injured at work, many people are unclear whether they can make a workers’ compensation claim or not. The answer to that question will depend on a number of factors, including how you supply your labour to other people, whether your business is incorporated, what sort of insurance policy you areRead More »Work Injury Claims by Self-Employed People
There is little doubt that social media has changed the way we live and interact. Whether it’s Facebook, Twitter, Instagram, TikTok or any other social media app, many people now interact with friends and family via these platforms more often than they do face-to-face. And while there are many benefits to the growth of socialRead More »The Role of Social Media in Personal Injury Claims
Claiming compensation after a motor vehicle accident can be a very complex process. The introduction of the Motor Accident Injuries Act 2017 (‘MAI Act’) in December 2017 (which replaced the former Motor Accident Compensation Act 1999) introduced a no-fault statutory compensation scheme covering medical treatment expenses and lost wages for a period of up toRead More »Are You Unrepresented in a CTP Claim?
The COVID-19 global pandemic has clearly changed the way we live, and many experts are predicting some of the changes may be permanent. Social distancing, hand hygiene and masks are just the most obvious manifestations of the pandemic’s effect. Remote working, remote learning and the use of videoconferencing for everything from medical appointments to legalRead More »Dealing with Your Legal Issue During COVID-19
The onset of the global COVID-19 pandemic earlier in 2020 caused a prompt response from the legal system about how it conducts its day-to-day affairs in order to prevent the spread of the disease. Practice notes and protocols were quickly issued to ensure that in-person attendance was kept to a minimum in favour of appearancesRead More »How Claims are Being Handled During COVID-19
On our increasingly busy roads it’s inevitable that motor vehicle accidents occur. In the best-case scenario it’s only the machines involved that are damaged but unfortunately, in many cases, drivers and passengers will also experience injury. Because motor vehicle accidents are common there is a well-established system for dealing with compensation claims by people whoRead More »What to Do After You’ve Had a Motor Vehicle Accident
It’s likely that your first reaction if you take a tumble in a public place is embarrassment. That’s perfectly natural, but once the red face passes, you not only need to assess whether you’ve sustained any injury but there are also a number of other things you should do in case you later wish toRead More »What to Do After You’ve Had a Fall in a Public Place
You’re driving along the road when you come across a car accident that’s clearly only just happened. There’s crumpled wreckage, radiators leaking steam, broken glass and a number of injured people either in the cars or on the ground nearby. In this situation, the instinct of most people is to stop their car, get outRead More »What is the Legal Position When You Assist an Injured Person? The Law on Good Samaritans
While elements of society are beginning to return to normal after the onset of the COVID-19 pandemic in March 2020, certain public health and social distancing measures are expected to remain in place for a considerable time. At BPC Lawyers we have followed the advice of state and federal governments and health authorities in conductingRead More »How We Can Progress Your Matter During COVID-19
When COVID-19 entered Australia and social restrictions became the norm, it forced many New South Wales employees to work from home. It is likely that once the immediate threat posed by the pandemic finally passes, many people will continue to work remotely into the future. This growing trend reinvigorates the question of whether a personRead More »What Happens if I’m Injured While Working from Home?
You’re taking a neighbourhood walk when a dog rushes out from the driveway of a house and latches onto your leg. What is your legal situation if the dog has injured you? As reflected in a quarterly report issued by the New South Wales Office of Local Government, there were 1,260 “dog attack incidents” betweenRead More »Dog Bite Claims in New South Wales
In life, accidents happen. But where you have an accident that results in an injury, and the cause of the accident was the negligence of a local council or roads authority, it’s a natural reaction to want to seek redress from them in the form of compensation. This situation can commonly arise, for example, whereRead More »What are the Pitfalls of Suing a Council or Roads Authority for Negligence?
If you are the ‘at fault’ driver in a New South Wales car crash and need to know where you stand in legal terms, there is good news and bad news. The bad news is that, depending on the circumstances, you could be in big trouble. The good news is that you also have rights.Read More »What Rights do I have if a Motor Vehicle Accident is My Fault in New South Wales?
Bullying or harassment are rightly considered unacceptable practices in any part of society but what are your options for dealing with this behaviour if you experience it at your place of work? In contemporary society, many – though certainly not all – employers and organisations will have detailed anti-bullying policies in place to deal withRead More »Bullying and Harassment in the Workplace – What Can You Do?
As your parents probably told you, you can’t live your life wrapped in cotton wool. At some point most of us participate in a sporting, leisure or other recreational activity that has an element of danger. But what happens if you’re injured while doing so? Can you claim compensation for the effects of your injury?Read More »Injured Doing a Dangerous Recreational Activity? What You Need to Know…
While we should all be thankful that Australian states each have a workers’ compensation scheme to cover those injured on their way to or from, or while at, their workplace, the complexity of the schemes means you almost certainly need some expert legal guidance if you unfortunately find yourself in need of such compensation. ThisRead More »How Are Workers’ Compensation Claims Assessed in New South Wales
Whether you are there as a traveller or an employee, an airport is a busy – and potentially dangerous – place. For travellers, hazards may include slippery floors, crowded baggage claim areas, faulty stairs, escalators and more. For employees, working in congested areas or around large, complex machinery also carries certain risks. Of course, allRead More »I’ve Been Injured at an Airport. Can I Claim Compensation?
Taking a fall on a footpath is never a laughing matter. In a best-case scenario, you’ll just end up with painful but minor injuries. In a worst-case scenario, you may suffer broken bones, or serious head or back injuries. To make matters even worse, the latter may make it difficult or impossible to work. InRead More »I’ve Been Injured on a Footpath. Can I Claim Compensation?
Have you been injured in a motor vehicle accident since 1 December 2017? If so, your claim is governed by the provisions of the Motor Accident Injuries Act (NSW) 2017. Being involved in a hit and run accident figures as the worst nightmare for most drivers. In such situations it is understandable to have visonsRead More »What to Do After a Hit & Run Accident
Accidents happen, and sometimes those accidents can occur in a public place such as a shopping centre or a footpath. In these cases, if you can prove that the people responsible for that public place were negligent in ensuring your safety, you may be entitled to compensation for any injury you’ve suffered whether physical orRead More »What is a Slip and Fall Claim?
Injuries in the Gym The explosions of gyms and fitness centres has had a huge beneficial effect on the community’s fitness and general health. Every second shop in most neighbourhoods is either a fitness centre or a laser clinic. With the massive increase in people seeking assistance with their fitness regimes, comes a strong responsibilityRead More »Injuries in the Gym – New Issues for the Fitness Industry
There’s a lot to think about before setting off on a foreign holiday. We’ve got to make sure we have our airline tickets, passports, visas and so forth. We’ve got to arrange transport to and from the airport. We’ve got to find someone to look after our homes and pets and then we’ve got toRead More »Injured Overseas? How Do I Make a Compensation Claim in New South Wales?
After 78 weeks from the date of your accident, you can settle your damages claim with the CTP Insurer. If the CTP Insurer has agreed you are eligible for compensation for your injury, and pain and suffering, then you will receive an offer of settlement for those injuries in addition to any claim you mayRead More »Do You have a Motor Accident Damages Claim (non-minor injury) and You have been Self-represented up until the Present Time?
In many personal injury claims, the facts are clear-cut. One person is injured as a result of the fault of another person. If the person who caused the injury was careless or reckless, it may be legally classified as negligence. The person at fault must compensate the injured person for their losses. But what happensRead More »What is Contributory Negligence?
Are you self-employed and have been injured in a motor vehicle accident after 1 December 2017? The Motor Accidents Injuries Act 2017 provides reimbursement for loss of income for both employed and self-employed injured persons. Whilst there are generally no difficulties in ascertaining the pre-accident earnings of an employed person, it is now apparent thatRead More »BPC Lawyers – Best Advice from Specialists
In a perfect world, obtaining compensation for injuries sustained in a car accident would be easy. In reality, it’s not. This is because the circumstances of your case dictate the type of compensation you can seek. On top of that, you can’t make a claim based on a simple estimate. Instead, specific methods must beRead More »How to Calculate Car Accident Injury Compensation for Accidents Occurring Before 1 December 2017
It is a well-established legal principle that you can seek compensation for injuries sustained in a motor vehicle accident when: a) someone else was negligent; and b) that negligence caused or contributed to the accident. But what if you were also partially to blame? When your own carelessness is a factor in a road accident,Read More »Can I Still Claim Compensation in a Road Accident Matter If I Was to Blame?
Slip and fall incidents can result in serious injuries. Victims often sustain head injuries, broken bones, back and neck injuries, and more. Depending on the severity of their injury, a victim may require extensive medical treatment and face a long recovery. During this time they may be unable to work, compounding financial and emotional stress.Read More »Slip and Fall? How Much Compensation Can I Claim in NSW?
Negligence in a Personal Injury Claim If you are the victim of an accident and make a claim for compensation against another party, ‘contributory negligence’ is the law’s way of describing whether your own actions played a role at all in causing the injury you sustained. Essentially, the defendant accused of negligence can in turnRead More »What is Contributory Negligence in a Personal Injury Claim?
Public liability claims for compensation are available to a plaintiff after suffering an injury in a public place. While public places generally adopt appropriate safety measures to help minimise the risk of injuries occurring, accidents do happen every day and sometimes the consequences are very real. Potential compensation claims can arise out of the followingRead More »Slip and Fall? What Compensation Can You Receive?
In the unfortunate instance that you have an accident in a public place that causes injury, compensation may be available. If you choose to pursue compensation, this is referred to as a public liability claim. Each individual situation is different, and the amount of compensation possibly claimable will differ depending on the specific circumstances ofRead More »Should You Settle or Go to Court After an Accident?
TPD stands for ‘total and permanent disability’ caused by injury, illness or disease. There is insurance available to cover these tragic and unforeseen circumstances. TPD claims mostly differ from regular personal injury claims as the entitlements available are stated in the contract the claimant takes out with his or her insurance company, or more commonlyRead More »What is a TPD Claim and What Benefits Can I Expect from a Successful TPD Claim in New South Wales?
The details are scarce, but there are plenty of stories. A quick Internet search reveals that there were two highly-publicised forklift accidents in the Sydney area last year. One of them happened at a Banksmeadow business on November 29. The other happened at a Condell Park warehouse on May 11. Both were fatal, according toRead More »What to Do If You Are Injured by a Forklift at Work?
Workplace injuries take a serious toll not only on Australian employers and their employees, but also on the economy. As indicated by statistics gathered by Safe Work Australia, work-related injuries cost the Australian economy approximately $60 billion per year. That’s equivalent to approximately 5% of GDP. With so much at stake, here’s what you shouldRead More »The Most Common Workplace Injuries and What to Do About Them
Personal injury claims can happen in a myriad of different ways and arise out of many different circumstances. Depending on the precise details of those circumstances, your personal injury claim may last anywhere from a few months to several years. It is rare for a personal injury claim to be resolved in a short amountRead More »How Long Should it Take to Settle My Personal Injury Claim?
Workers’ compensation claims can range from minor to extremely serious. The most recent statistics released by SafeWork Australia reveal that for the years 2016 and 2017 there were 106,260 serious Australian worker’s compensation claims. And while the frequency rate of serious claims per million hours worked decreased, the median time lost for a serious workers’Read More »New Dispute Resolution Process for Workers’ Compensation
Over recent years, the number of Australian citizens who find themselves seeking hospitalisation for personal injury has been steadily rising. In fact, the Australian Institute of Health and Welfare reports that the number of hospital visits has increased over the past few decades. Likewise, personal injury claims have risen, making it imperative that everyone haveRead More »Types of Personal Injury Qualify for Compensation
Workers’ Compensation for Slip on Construction Work Construction workers experience some of the most dangerous conditions of any workplace. In the course of their day-to-day jobs, they handle heavy machinery, hazardous chemicals, extreme heights, and are exposed to the elements. Unsurprisingly, along with emergency services, these conditions make construction sites some of the most dangerousRead More »Workers’ Compensation for Slip on Construction Site
Like most areas of law, workers’ compensation involves serious time restrictions. These are made all the more serious by the potentially devastating long-term health effects that can go hand-in-hand with such a claim. The most pressing questions you will likely have are: “How much is this going to cost and where am I going toRead More »Time Limits for Workers’ Compensation Claims
Established in 2012, WIRO – the Workers Compensation Independent Review Office – is an independent statutory office. But what function does it serve and how can it help you? In short, WIRO is meant to help resolve disputes between employees and insurers in workers’ compensation matters. If and when a claim is denied or anRead More »What is WIRO?
Let’s face it, we live in an age of instant gratification. Thanks to the Internet, we’ve grown accustomed to having immediate access to just about everything we could possibly want or need. So if you’ve been injured in a slip and fall accident, or similar circumstances in which someone else is to blame, chances areRead More »How Long do Public Liability Claims Take to Resolve in NSW?
It’s something millions of people do every day – probably without a second thought – but in truth, you are risking your life every time you settle into the passenger seat in a motor vehicle. That’s because there’s always a chance that the person driving the car you’re in could do something to cause anRead More »What Are My Rights as a Passenger Involved in a Car Crash?
Imagine being diagnosed with cancer. Now imagine being diagnosed with advanced or terminal cancer and learning that, if it had been detected sooner, it could have been cured. Imagine the shock. The disbelief. The fear. The anger. After all, this isn’t your fault. You’ve always had regular check-ups, exercised, followed a healthy diet. You’ve alwaysRead More »Can I Sue My Doctor for Delayed Cancer Diagnosis?
Most Australians know that they can file a workers compensation claim if they get hurt on the job. But did you know, that may not be your only option? You may also be able to make a claim through your superannuation account. This is because superannuation programmes generally offer various types of insurance coverage.Read More »Injured at Work? Don’t Forget About Your Superannuation Fund
In the United States, suspects arrested in criminal cases are constantly warned that anything they say may be used against them in a court of law. In Australia, lawyers are now warning plaintiffs that anything they post on social media can and will be used against them by defendants and insurance providers in personal injury,Read More »Social Media and Your Injury Claim
In recent years, changes to relevant New South Wales laws made it difficult – if not impossible – for people whose work-related injuries worsened over time to seek compensation for necessary treatment, including surgery. But this could soon change, thanks to a recent NSW Workers Compensation Commission ruling in the case of a retired railwayRead More »Claiming Workers’ Compensation for Old Injuries – Is My Surgery Covered by Workers’ Compensation?
If you have been injured in a motor vehicle accident since 1 December 2017, then your claim is governed by the provisions of the Motor Accidents Injuries Act (NSW) (2017). After you have lodged a claim form with the green slip insurer seeking compensation for your injuries, you might have received a letter from theRead More »What is “MINOR INJURY?”
If you were hurt at work or you have been diagnosed with a work-related illness in New South Wales, you probably feel as if you’ve been put through the proverbial wringer. In addition to the pain and suffering you’ve experienced, you’ve had to deal with the emotional and financial stress stemming from mounting medical expensesRead More »WorkCover Have Rejected My Claim in NSW: What Can I Do?
For many Australian workers, dealing with a stressful workplace is par for the course. Tension with co-workers or supervisors, deadlines, difficult clients or customers and constant doubts about job security can all make for a challenging environment. Sadly, many Australians have also experienced workplace bullying or harassment and now suffer from depression and anxiety. IfRead More »Psychological Trauma at Work: Can I Make a Claim in NSW?
What is a Public Liability Claim A public liability claim refers to a claim made for injuries sustained in public places in accidents caused by the negligence (failure to exercise reasonable care and skill) of a person or organisation. For instance, let’s say you’re walking through a shopping centre and you slip and fall asRead More »How to Make a Public Liability Claim in NSW?
Gym Injuries and Compensation Claims Before we know it, summer will be fast approaching and many of us will be wanting to shed a few kilograms acquired over the winter break by signing up for yet another gym membership. With this, every year, there is a significant spike in injuries being sustained at the gymRead More »Gym Injuries and Compensation Claims
If you have been injured and are now unable to work there are a number of benefits (compensation) that you may be entitled to, including a claim under your superannuation policy, known as a TPD claim. In this video, BPC Lawyers’ Tim Driscoll explains in detail what these claims are and what you need toRead More »What is a TPD or Superannuation Claim?
Everyone knows that if you are injured whilst at work you are entitled to compensation to help offset the costs of your injuries. Likewise, if you were injured due to the fault of an occupier, business owner or other entity you can make a public liability claim. However, where do you stand if you areRead More »Injured While Volunteering? Can You Receive Compensation?
Life is unpredictable and unexpected injuries can occur resulting in the need to engage a personal injury lawyer. Retaining a personal injury lawyer is an extremely important decision which often needs to be made in very stressful circumstances. Most personal injury lawyers NSW offer a free initial consultation for prospective clients in order to discussRead More »How to Best Choose a Personal Injury Lawyer to Handle Your Claim
Product Liability in NSW Accidents happen! It’s one of the oldest platitudes in the books, often accompanied by a rueful smile and half-hearted shrug in the face of hapless error or unexpected circumstances. And with recent studies reporting that 22.4% of Australian class actions in the past 20 years have been made up of productRead More »Product Liability in New South Wales
After 1 December 2017, if you are a cyclist and have been injured in a collision with a motor vehicle on New South Wales roads, then you will be able to claim damages pursuant to the provisions of the Motor Accidents Injuries Act (NSW) 2017. Your claim can be made against the CTP green slipRead More »Your Rights as a Cyclist if you have Been Injured on the Roads
The obligation of a client to pay costs and disbursements to a lawyer is required to be agreed upon and set out in a Costs Agreement. The Costs Agreement will deal with issues such as the hourly charge rate of the lawyers, when payment is to be made, the estimate of the total fees thatRead More »What Does “No-Win, No-Fee” Mean?
In most cases, standard settlement terms allow a period of 28 days for payment of settlement monies to a claimant following receipt of statutory “clearances” from Medicare and Centrelink. A compensation payer has statutory obligations to notify Centrelink and Medicare following resolution of a claim and to attend to statutory paybacks prior to releasing settlement/judgmentRead More »Statutory Paybacks to Centrelink and Medicare Following Receipt of Compensation
Changes to the Rights of Victims of Motor Vehicle Accidents What rights do those injured in Motor Accidents presently have in NSW? It is compulsory for drivers in New South Wales to hold third-party insurer which covers any injuries covered to any person whilst driving a motor vehicle. The policy is not limited and itRead More »Proposed Reforms to The CTP Scheme
Australians Alerted To Proposed Changes To Motor Accident Compensation Laws – Press Release BPC Lawyers is a leading Sydney legal practice and accredited specialists in Personal Injury law. In a recent communiqué they make all Australians aware of the proposed changes to motor vehicle compensation laws. The Minister for Innovation and Better Regulation, the Honourable, VictorRead More »Proposed Motor Accident Compensation Law Changes
PRESS RELEASE BPC Recognised by Doyles Guide BPC Lawyers have again been recognised by the Doyles Guide for our expertise in personal injury. The Doyles Guide is an independent organisation that ranks law firms based on peer surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies.Read More »BPC Recognised by Doyles Guide
A worker who is injured at work is entitled to compensation benefits including (subject to restrictions) payment of medical expenses, compensation for wage loss and compensation for permanent impairment suffered. Injuries suffered in the course of employment can often need little by way of time off work or treatment. However, even the most innocuous incidentRead More »Lodging a Worker’s Compensation Claim form – when and why?
BPC Lawyers have successfully acted for many plaintiffs in respect of nervous shock claims pursuant to the provisions of the Civil Liability Act 2002. Nervous shock claims can be brought by a person suffering pure psychiatric injury following circumstances that the defendant ought to have foreseen to be capable of causing a person of normalRead More »Assessment of damages in Nervous Shock Claims
Apart from the payment of workers compensation, an employer has an obligation to rehabilitate the injured worker, including, where able, to facilitate the worker into another position; whether that be within or out of the organisation. However, as is becoming more apparent, employers are finding it easier to simply get workers off their books thanRead More »Can I be fired whilst on Workers Compensation?
Contributory Negligence Where the Court considers that the defendant has breached its duty of care to an injured plaintiff but that the injured plaintiff was partly responsible for the injuries, damages payable will be reduced in accordance with the proportionate of liability of each party. The Courts have historically understood however that the assessment involves more than a comparison of culpability and thatRead More »When is an accident partially your fault?
Recent Compensation Case There was a recent decision in the New South Wales Court of Appeal involving an application by an injured claimant to set out aside a decision of Supreme Court Judge, Mr Justice Fagan, to refuse the injured person’s application to seek judicial review of a decision by the Proper Officer of theRead More »Personal Injury Update
When a plaintiff dies before their claim is finished, can the estate still recover damages and, if so, what damages are available? Since the Law Reform (Miscellaneous Provisions) Act 1944, a damages claim can be bought on behalf of the estate by the personal legal representatives to recover damages that the deceased would have received.Read More »Can your Personal Injury Claim continue after you die?
I thought it might be a good time to acquaint some of our readers with the type of work that we are doing here at BPC. When people talk about worker compensation Lawyers Sydney they think injuries at work and on the road. We are certainly a major law firm in compensation claims of thoseRead More »What Goes On At BPC
“Whiplash associated disorders – (WAD)” A soft tissue injury occurs due to trauma to the human body when the tissues that connect, support or surround other structures and organs of the body are damaged. By definition, soft tissue includes muscles, tendons, ligaments, fascia nerves, fibrous tissues, blood vessels and synovial membranes. Usually, the spine andRead More »Whiplash associated disorders
Workplace incident at Barangaroo – Nervous Shock Claim Lawyers have represented vast numbers of plaintiffs in successful nervous shock claims pursuant to the NSW Civil Liability Act 2002 since its inception. Nervous shock claims can be brought by persons who have witnessed, at the scene, a victim being killed, injured or put in peril ifRead More »Nervous Shock Claims
It is acknowledged that the job of a police officer is very important to society and police officers deal with extremely difficult situations. Police have numerous responsibilities and powers. However, circumstances sometimes arise in which physical force is used unnecessarily causing injury. These circumstances may give rise to a claim against the police if theRead More »Civil Claim against the Police
Late making of claims under the Motor Accidents Compensation Act (1999): The requirement for a “Satisfactory” explanation You should refer to our earlier article in relation to the making of late motor accident claims. This paper adds to the topic in relation to the need for an explanation not only to be full, but alsoRead More »Satisfactory Explanation For Late Motor Accident Compensation Claim
BPC Aviation Personal Injury Section Liability for passenger death or injury on an airplane The liability of an airline carrier for the death or injury of an Australian passenger on an airline flight is governed by an international convention known as the “Montreal Convention” 1999. Passengers of other nationalities may be covered by another convention, knownRead More »Liability For Passenger Death Or Injury On An Airplane
One of the regular concerns we have as personal injury lawyers is trying to give advice to plaintiffs (and indeed defendants) at settlement conferences as to what the net position will be taking into account such matters as Medicare and Centrelink refunds. It is often necessary to make some educated guess as to what Centrelink mayRead More »A practical guide to the National Disability Insurance Scheme and Compensation
The Motor Accidents Compensation Act 1999 (“MACA”) requires the making of a claim for personal injury damages arising from a motor vehicle accident within six months of the date of that accident (s.72(1)). The claim is to be lodged with the third party insurer where one exists or otherwise against the person against whom theRead More »Late making of claims under the Motor Accident Compensation Act (1999)
Can an insurer revise their position? For people injured in a motor vehicle accident in NSW, there are strict time frames for the making of a valid claim for compensation. The 3 most important dates (from the incident) to remember are: 28 days – the need to lodge with the CTP insurer an Accident Notification Form;Read More »The Importance of the Section 81 Notice
Do I Have To Go To Court To Receive Compensation? Smalley v Motor Accidents Authority of NSW Following the success that Mr Smalley enjoyed in his Court of Appeal victory, the Motor Accidents Authority issued amended Claims Assessment Guidelines which were gazetted on 11 April 2014. The intent of the amendments is that CARS beRead More »Motor Accident Claims – Do I have to go to Court?
Insurers Investigate Claims Important issues in personal injury claims will frequently hinge on the evaluation of a claimant’s credibility and there are various tools available to insurers to identify any inconsistencies between allegations and fact. The key tools available to Insurers are subpoenae to produce documents, surveillance, independent medical examinations and cross-examination. Attacks on credibilityRead More »How do Insurers Investigate Claims
Personal Injury update – Recent compensation case There was a recent decision in the Supreme Court of NSW involving an application by the NRMA Insurance to set aside the decision of a Claims Assessor of the State Insurance Regulatory Authority. The case was IAG Limited trading as NRMA Insurance V. Ozdemir and Ors [2016] NSWSCRead More »Personal Injury update – Recent compensation case
There are so many avenues in which legal redress can be sought and obtained. There are certainly a lot of technical or procedural pitfalls which, to the untrained eye, could seriously curtain your right to claim compensation. Compensation Law – Which Court? General Rule Historically, Courts have maintained the mantle of justice, charged with providingRead More »Personal Injury Claims – which Court?
Time Periods Waived in Child Abuse Claims The New South Wales Government has made amendments to the Limitation Act in New South Wales to remove time barriers for commencing proceedings for the victims of child abuse. The Government has introduced Section 6A which applies to cases for damages relating to, “the death of or personalRead More »Time Periods Waived in Child Abuse Claims
The Supreme Court recently had occasion to look at the respective responsibilities of a hospital and a treating specialist when a patient tragically died in Newcastle Private Hospital. In this case the patient died after undergoing elective surgery. The deceased’s family brought a claim for their nervous shock and for the loss of the financialRead More »Whose Fault, Doctor or Hospital?
One of the key factors when determining compensation payout is the expected age of retirement for the injured person. When calculating compensation settlements, the expected age of retirement is 67 years of age. Anything beyond 67 years must be submitted for review, explaining why you believe you (as an injured claimant) should be expected to work pastRead More »Why Your Retirement Age Can Have a Big Impact on Compensation Payout
When you’ve been in a motor vehicle accident as a result of the negligence of another driver, there is generally a clear entitlement to compensation for injured drivers and passengers. But what happens when someone gets injured in a motor accident, and no one is to blame? There was a recent decision in the DistrictRead More »Is it Possible to Claim Motor Accident Compensation If No One is at Fault?
The Truth About Trasylol – Trasylol could be responsible for death, stroke, heart attack or kidney failure, you should act quickly. Following the airing of the news and current affairs program, Sunday Night, on 12 October 2014, BPC Lawyers have received a number of enquiries from people wondering whether the administration of Aprotintin (known commonlyRead More »Update: The Truth About Trasylol
We are fortunate in New South Wales to benefit from some of the most highly trained medical practitioners in the world. However, incorrect diagnoses and negligently performed medical procedures do sometimes occur. The consequences can be catastrophic. The recent Inquest into the death of Luke Wood, a Sydney bodybuilder, and former Australian bodybuilding champion, isRead More »Medical Negligence & the Inquest into the Death of Luke Wood
Extremely important decision for severely injured plaintiffs Rhiannon Gray by her Tutor Kathleen Anne Gray v Richards [2014 HCA 40] On 15 October 2014, the High Court of Australia unanimously allowed, in part, an appeal from the New South Wales Court of Appeal in respect of the methodology to be used to calculate damages forRead More »BPC Lawyers successful in the High Court of Australia
The recent spate of motor vehicle accidents in New South Wales, particularly those involving trucks and buses, is a reminder of the dangers associated with travelling on Sydney’s roads. Remarkably, an accident on 13 October, 2014 in which two buses (one carrying school children) made heavy contact, did not result in any fatalities. The collisionRead More »The Dangers of Sydney Roads; Car, Bus and Truck Accidents
Considered a “wonder drug” and designed to prevent excessive bleeding during surgery, Trasylol was administered to thousands of unsuspecting Australians over the course of some 35 years. At $1,000 per dose, it netted German pharmaceutical giant, Bayer, hundreds of millions of dollars. There was a lethal catch though; the drug can cause an increase inRead More »The Truth About Trasylol
I hope for your sake that you never have to be cross-examined; it is never an easy or pleasant experience. Questions are often confusing and repetitive and it is difficult in the moment to determine exactly the right words to use. I have been required to give evidence on several occasions and have never enjoyedRead More »Cross-Examination: Making Life Easier in the Witness Box
Permanent impairment benefits and the High Court decision of Goudappel. The good, bad and the ugly… On 16 May 2014 the High Court of Australia full bench (5 Judges) handed down its decision. Unfortunately, the High Court unanimously upheld the Appeal and reversed the NSW Court of Appeal’s decision. They did so in very brief fashionRead More »Permanent Impairment Benefits And The High Court Decision Of Goudappel
Civil Liability and the ‘one punch’ laws. Security Guards, assault, and liability – who can I sue? Case study: Day v The Ocean Beach Hotel Shellharbour Ltd (2013) NSWCA 250 If someone assaults you could sue them for damages for the loss suffered including perhaps aggravated (punitive) damages for the egregious breach which you haveRead More »Civil Liability And The ‘One Punch’ Laws
When a loved one dies unexpectedly or prematurely, they often leave behind family members who were financially dependent on them. If the death of that loved one was caused or substantially contributed to by their work, the dependents have the right to claim a lump sum death benefit under Workers Compensation legislation. We recently actedRead More »Workers Compensation: Death Claims
Mr Smith (name changed for privacy reasons) suffered injury on 08 November 2009. He was waiting at an intersection on his bicycle when a car did not see him and struck him from behind. He suffered bruises, abrasions and a soft tissue injury to his shoulders and back. He was prescribed strong pain-killing medication. InRead More »Cyclist Receives Compensation from CARS After Injury in Car Accident
Elayoubi v Zipser [2008] NSWCA 335 This case is a very good example of an unusual outcome that may occur in the event of two defendants having failed to warn a patient of a particular outcome (multiple causation). In this case, the mother of the plaintiff had undergone a classic caesarean section with respect toRead More »Multiple Causation in Medical Negligence Claims
We are pleased to note that we were recently successful in an important decision before the Court of Appeal. On 09 August 2013 the Court of Appeal delivered Judgment in Smalley –v- Motor Accidents Authority of NSW1 which will have a significant impact upon the way that motor accident claims are administered in New SouthRead More »Recent Win in the Court of Appeal
In 2010, Beilby Poulden Costello was instructed to act for a plaintiff who had a claim against her chiropractor. She alleged that the treatment that she was given in 2008 was performed negligently and claimed compensation from the chiropractor. Facts Our client had a breast augmentation procedure in 2005 during which implants were inserted. SheRead More »Medical Negligence in Allied Health Care
Catholic Club Ltd [2013] NSWDC 93 Falls Down Flight of Stairs at Ice-Skating Rink Facts At about 3.45pm on Wednesday 14 January 2009, the plaintiff, Christopher Moor, was injured at the premises of the defendant, Liverpool Catholic Club Ltd. He sustained a fracture to his right ankle after losing his footing, slipping and falling whilst descendingRead More »A Gentleman Falls Down Flight of Stairs at Ice-Skating Rink Suffering Serious Injuries
Workers Compensation Update Your rights for Compensation for Permanent Impairment – Case note: Gaudappel v Adco Constructions Pty Ltd (2013) NSW CA 94 Traditionally, the New South Wales scheme of Workers Compensation has provided an injured worker for ongoing entitlements to compensation provided they could establish their employment was a substantial contributing factor for theirRead More »Court of Appeal Decision on Worker’s Right to Lump Sum Payment
Scott Hall-Johnston, a partner at Beilby Poulden Costello, recently represented a woman who suffered an injury in the course of her work. The Facts: The plaintiff, in the course of her work, fell and suffered injury to both knees and her spine. A workers compensations claim was lodged and she was deemed to have permanentRead More »Worker Receives Compensation Prior to Stabilisation of All Injuries
Victims of crime have been frustrated by a compensation regime that is bureaucratic, costly and inefficient, resulting in a backlog of more than 20,000 claims – including one for a crime committed in the 1930s. The bottleneck in the Victims Compensation Tribunal has forced the suspension of new claims. There is speculation in legal circlesRead More »Crime Claims Left Mired in Bureaucracy
Medical giant Johnson & Johnson is under mounting pressure to settle a class action launched against it by 4500 Australians who were fitted with the company’s infamous metal-on-metal hip replacements, after a US victim was awarded $8.3 million. Lawyers representing the Australians fitted with the articular surface replacement (ASR) hip implants will return to courtRead More »Compensation Hopes For Faulty Hip Implant Victims
The family of a US girl who lost 90 per cent of her skin after suffering an allergic reaction to pain relief medication has been awarded $63 million in compensation. Samantha Reckis was seven years old in 2003 when she took “Children’s Motrin”, a pain reliever manufactured by a subsidiary of Johnson & Johnson, toRead More »Family Wins $63M Compensation From Johnson & Johnson
Owners of the Murphys Creek Tavern, west of Brisbane, have launched legal action after their claim for business expenses incurred during the 2011 flood disaster was rejected. Owners James and Lynette Barns sought $246,712 compensation from the Department of Communities, Queensland Police Service and Lockyer Valley Regional Council for out-of-pocket business expenses accrued during theRead More »Pub Owners Seek Compensation For Flood Effort
A Victorian lawyer has been convicted and jailed for contempt after he defied a court order with the full knowledge that doing so could lead to imprisonment. David Brian Forster, a solicitor of 30 years, was jailed on Friday for a month but his sentence was suspended. He was ordered to sign an undertaking thatRead More »Lawyer Convicted of Contempt
A Port Macquarie surgeon is suing Google for defamation over an auto-complete search suggestion that he believes has cost him clients. Google has been involved in several lawsuits around the world in the past year revolving around its autocomplete suggestions and has increasingly been held responsible for content on its search pages. The suit, filedRead More »Australian Surgeon Sues Google Over ‘bankrupt’ Auto-complete
SERIOUS dog attacks leading to hospital admissions are at a record high level, prompting calls for both owners and dogs to undergo training. There were 230 attacks across South Australia last year, an increase of 35 on the previous year. Last year’s figures are the highest since 2006, when there were also 230 attacks. TheRead More »Hospital Admissions Soar After Serious Dog Attack Numbers Rise
Sean Fewster, Court Reporter A COUPLE tied up, robbed and bashed with a hammer in a seven-hour home invasion want $100,000 compensation. Grant and Jill Hall, who were attacked by John Leonard Knott, have applied for the maximum amount available under Criminal Injuries Compensation legislation. They say they “have suffered, and will continue to suffer”Read More »$100,000 Payout Plea
By Nicole Cox CONVICTED killer Valerie Parashumti has applied for publicly-funded compensation over injuries she sustained in a road accident two years before she and her lesbian lover bludgeoned 16-year-old Stacey Mitchell to death and dumped her in a wheelie bin. The Insurance Commission of WA has engaged one of the state’s leading insurance litigationRead More »Wheelie-Bin Killer Valerie Parashumti Wants $337,000 Accident Compensation
Date: December 17, 2012 – 2:01PM The family of a man rendered quadriplegic by a police bullet could quit the capital after the ACT Court of Appeal denied him $8 million in damages. The distraught family rallied around Jonathan Crowley outside the ACT Supreme Court building as news of the verdict sank in. Mr Crowley’s father,Read More »No damages for man left quadriplegic by police shooting
A SEX romp at a public park helped prosecutors convict a California woman of faking an ankle injury to collect workers’ compensation payments, authorities said. Modupe Adunni Martin, 29, was sentenced to nine months in jail on Thursday in San Mateo County after pleading no contest in October to felony workers compensation fraud. Martin wasRead More »Comp cheat busted in park sex romp
Date: December 7, 2012 Louis Andrews A former public servant has won his legal fight against the Commonwealth government for withholding his super for more than a decade. Marty Guy’s victory came after years of waiting, and five similar cases remain on foot before the ACT Supreme Court. But the 72-year-old Queanbeyan man could notRead More »Cancer victim wins fight over withheld super
Date: December 3, 2012 David Ellery AT LEAST one in eight of the 18,206 diggers who have served in Afghanistan between 2005 and October 2012 fell victim to a non-combat-related injury, or physical or mental illness. The figure peaked at almost one in five in 2009 with 851 Australian Defence Force members reporting non-combat-related illnessesRead More »ADF injury, illness stats ‘a disgrace’
Date: November 16, 2012 By: Paul Bibby The attempt by KFC to overturn an $8 million damages decision in favour of a young girl who contracted severe salmonella poisoning from a chicken twister has suffered a setback, with a Supreme Court judge criticizing the company’s grounds for appeal. Monika Samaan became seriously ill after eatingRead More »‘Not within a bull’s roar’: judge criticises KFC poisoning appeal bid
Date: October 26, 2012 COLES has lost its appeal against a court ruling that it pay nearly $500,000 in damages to a woman who was hit by a trolley in one of its supermarkets. Maria Haleluka, 51, was awarded the damages in the NSW District Court last year after she was struck by the box-ladenRead More »Coles must pay cancer survivor hit by trolley
Date: August 6, 2010 Lindsay Murdoch THE Australian Defence Force has admitted its soldiers in East Timor have been in nine vehicle crashes since 2008 in which civilians have been injured, but it has ruled out paying compensation. One of the accidents left two Timorese brothers unable to work, causing their families to become destitute.Read More »Hurt Timorese left with no recourse
Date: October 1, 2012 Jacob Saulwick SYDNEY’S last big toll road project, the Lane Cove Tunnel, has become a legal morass for some big super funds, investment banks and transport consultancies as a large investor in the infrastructure chases compensation. The troubles are a cautionary tale on the eve of the release on Wednesday ofRead More »Compensation court fight shines a light on toll road pitfalls
Date September 28, 2012 An old legal acquaintance of mine got in touch by email. ”I have read your articles on somewhat esoteric subjects … however I wonder if you might care to write something about an issue of real significance to the average person” – i.e. recent amendments to the Workers Compensation Act. TheRead More »Compensation crackdown squeezes lawyers along with injured workers
Date February 8, 2010 Lindsay Murdoch NT CORRESPONDENT THE Australian Defence Force has retracted a claim it gave the family of a 65-year-old East Timorese woman, who died after being hit by an army vehicle, compensation forms and advice on how to fill them out. Defence has also said it would not pay compensation inRead More »Compensation culpability not ours: Defence
Date: February 5, 2010 Elisabeth Sexton Buried deep in the federal government’s too hard basket is some unfinished business from the James Hardie asbestos furore in 2004. Years ago the government received two proposals for changing the Corporations Act to ensure the scandal would not be repeated. After Wednesday’s Federal Court ruling that CSR’s proposedRead More »CSR left bearing the cost of unfinished business
Date June 12, 2012 Louise Hall Two partners of the high-profile compensation law firm Bryden’s Law Office have been found guilty of professional misconduct for running advertisements including those encouraging victims of the “Butcher of Bega” to contact the firm. This morning, the Administrative Decisions Tribunal handed down its judgment against solicitors Robert Bryden andRead More »Bryden partners guilty of professional misconduct
Date: July 2, 2012 Clay Lucas A MAJOR transport company is using private investigators to follow staff that takes leave to recover from workplace injuries. The Toll Group will be taken to the national industrial umpire today by a worker who says she was unfairly dismissed after the company had her followed in February this year.Read More »Injured workers spied on by transport giant Toll
Dentist found guilty of injury still registered July 26, 2012 Melissa Davey A DENTIST who carried out nearly $75,000 worth of dental work on a patient – despite knowing it was unnecessary and would be ineffective – is still able to practise despite the NSW Supreme Court yesterday ordering him to pay more than $1.7Read More »Dentist found guilty of injury still registered
October 29, 2010 Australian children who developed deformities after their mothers took thalidomide while pregnant have launched a class action against the German company which developed and marketed the drug. In a writ filed in the Victorian Supreme Court, the five plaintiffs say they were born with or have suffered injuries caused by their pregnantRead More »Thalidomide victims launch class action
Natasha Rudra June 27, 2012 Civic nightclub Mooseheads has been ordered to pay a Canberra man more than $889,000 after he was seriously injured while being ejected from the club in 2001. Allan Wormald’s 35th birthday celebrations went sour when a bouncer fell on top of him as he was being kicked out of theRead More »Mooseheads ordered to pay $889,000 after bouncer injured man
October 05, 2008 A WOMAN who claims she was injured going down a slippery slide at a school event is suing for compensation. Fiona Ciranni, 36, is claiming almost $102,000 in compensation from John Paul College Ltd – Queensland’s largest private school – and A&L Hawkins, trading as Affordable Amusement Rides. Mrs Ciranni said she accompanied herRead More »Woman sues John Paul College for $102,000 over slide injury
June 22, 2012 – 8:54 Major reforms to the NSW workers’ compensation system have passed State Parliament’s Upper House, with crossbencher Fred Nile securing an amendment to reinstate journey claims. The state government will now use its numbers in the Lower House to push through the WorkCover overhaul, which caps benefits and medical expenses forRead More »Compo changes pass House despite firies strike
* By Leah Fineran * Gold Coast Bulletin * June 14, 2012 8:03AM A CHILDCARE worker is suing Wet ‘n’ Wild for $400,000 in damages after she became stuck in a waterslide. Cherie Schramm, 30, lined up to ride the newly opened Aqua Loop waterslide on January 2 last year but became stuck halfway. The PimpamaRead More »Woman stuck on waterslide sues for $400k
In July 2009 Courtenay Poulden was interviewed by A Current Affair regarding a client who was badly injured in an attack outside a nightclub. While BPC achieved a positive result with the judge awarding over $4 million compensation to the client, the nightclub’s foreign registered insurer has since closed. To watch the episode and Courtenay’sRead More »Good Samaritan injured in nightclub attack
Rhianna King June 7, 2012 – 7:54AM The long-running legal saga involving MP Janet Woollard’s family has come to an end, after they agreed to pay boat crash victim Kate Campbell $250,000. It follows a high-profile and protracted legal battle, which came to a head earlier this year when Dr Woollard’s son Luke revealed heRead More »Kate Campbell ‘relieved’ as MP offers $250,000
June 7, 2012 Race day shame … Jason Gann. The actor who plays a sociopathic, bong-smoking dog in the TV comedy Wilfred must pay $325,000 to a bus driver he attacked when he was refused a seat at a Melbourne race course. Actor Jason Gann was ordered to compensate Joseph Hosny, who has suffered depression as aRead More »‘Wilfred’ actor left bus driver homeless, ruined: court
By Christine Flatley * May 21, 2012 12:52PM Court orders security company pay tourist $44k Bouncer broke Irish man’s leg outside hostel Police was arresting drunken man when injury occurred AN English backpacker has been awarded $44,000 in damages for having his leg broken by a bouncer who intervened while police were arresting him. The BrisbaneRead More »Drunk backpacker gets $44k for broken leg
by:Sophie Elsworth From:The Courier-Mail May 18, 2012 12:00AM TWO Queensland mothers injured during a fatal balcony collapse are suing one of Brisbane’s elite private schools. Anne Elizabeth Gillespie, 47, and Melinda Shirley Gaudion, 51, lodged civil suits in the Brisbane District Court this month for damages totalling more than $600,000. It is the latest move inRead More »Anglican Church Grammar School sued by two mothers over 2008 Ascot balcony collapse
Petulia Patey and Amanda Lee suffered spinal injuries after hitting large waves on January 12 last year, while Brisbane health worker Jan Phillips fractured vertebra on March 22 in similar circumstances, while visiting one of New Zealand’s most popular fishing, sailing and tourist destinations. The operators of the Paihia-based Excitor III, InterCity Group (NZ), admittedRead More »THE New Zealand operator of a high-speed jetboat has been ordered to pay $NZ270,000 ($212,155) in fines and reparations after three women, including an Australian, broke their backs on sightseeing trips.
The Daily Telegraph May 10, 2012 12:00AM WEST Australian Premier Colin Barnett says it is not the state’s obligation to compensate victims of a bushfire that bore down on runners in an ultramarathon race in the Kimberley region. The state government sponsored the event, with its Tourism WA agency paying $85,000 to company Beyond Action toRead More »Western Australia Parliament won’t pay ultramarathon fire victims
Rhianna King April 25, 2012 Boat crash victim, Kate Campbell. The son of a state MP who was ordered to pay $230,000 to a woman who suffered life threatening injuries in a boat crash four years ago says he cannot afford to pay any of the compensation. Last month a judge ordered Luke Woollard to payRead More »MP’s son refuses to pay crash compensation
AAP May 03, 2012 3:39PM QUEENSLAND taxpayers will have to pay the $125,000 compensation bill for a drunken man whose feet were fractured when he was hit by a car while trying to cross a road. The District Court in Brisbane today ordered the Queensland government-funded Nominal Defendant body pay compensation to Gary John McLean forRead More »Drunken man hit by car awarded compensation
by:Tony Keim From:The Courier-Mail November 22, 2011 1:26PM A 17-YEAR-OLD boy’s brutal attack on a childhood mate – triggered by accusations of rumours being spread about his sister almost a decade ago – has resulted in him receiving a compensation bill in excess of $50,000. A Brisbane District Court criminal compensation hearing was this month toldRead More »Sam Rowan Knoble ordered to pay Benjamin Nicholas Houghton $52,500 in compensation for attack triggered by accusations of rumours about Knoble’s sister
By Nicole Cox The Sunday Times June 25, 2011 8:00PM A BREAST cancer survivor has been sacked from her cleaning job after asking to go on light duties while she recovers from surgery. Linda Weier said she had been left on the scrapheap after being fired by Spotless from her cleaning supervisor job at David Jones’Read More »Linda Weier was sacked from Spotless after cancer operation
One of our Partners, Courtenay Poulden has just returned from Milan following a successful settlement conference for an Australian citizen injured in a motor vehicle accident in Udinese just north of Milan. Principals of Private International Law apply. The case was commenced in the Supreme Court of New South Wales because the injured person wasRead More »BPC TAKES ON ITALY
Richard Noone The Daily Telegraph October 27, 2010 12:02PM THE NSW Government will consider compensating women who lose their unborn child as a result of a criminal act. But a review of legislation known as Byron’s Law stops short of recommending a specific charge – such as manslaughter – to be levelled against an offender accusedRead More »Government to consider compensation for mums of unborn babies
By Darren Cartwright AAP December 16, 2011 2:27PM WHISTLEBLOWER nurse Toni Hoffman, who exposed killer surgeon Jayant Patel, is seeking $400,000 compensation from Queensland Health for injuries and loss of income. Ms Hoffman today told AAP the stress of exposing Patel’s malpractice, which led to three manslaughter convictions, had taken a toll on her. She said she wasRead More »Nurse who exposed Jayant Patel seeks compo
February 27, 2010 WALNUT CREEK, California: The US kidnapping victim Jaycee Dugard, her two daughters and her mother have each have filed claims against the state of California for damages from failures by parole agents to unearth the mystery of her 1991 kidnapping and years of captivity. The claims, which generally precede lawsuits, were filed withRead More »Jaycee Dugard tipped to sue over abduction
Anna Patty November 22, 2011 Up to 5000 uniformed police officers rallied outside NSW Parliament in Macquarie Street today in protest against the government’s plans to slash compensation payments to officers who are injured or disabled in the line of duty. The officers are furious at planned changes to the state’s Death and Disability Scheme,Read More »5000 protesting police march through Sydney
Amy Dale The Daily Telegraph April 19, 2012 1:32PM INJURIES suffered by a woman during sex on a work trip came “during the course of her employment”, a court has ruled. A Canberra woman has scored a victory in the Federal Court, with Judge John Nicholas today setting aside an original decision not to award herRead More »Compo payout for woman injured during sex on work trip
Samantha Lane April 2, 2011 A CONCUSSION-related injury compensation claim involving another recently retired AFL player is in dispute and believed to be before, or headed to, the league’s Grievance Tribunal. While neither the AFL Players Association nor the AFL would confirm knowledge of the claim, a well-placed source indicated it was significantly different toRead More »Injury claim in dispute
* Sophie Elsworth and Alison Sandy * The Courier-Mail * April 08, 2011 12:00AM A LANDMARK $6.44 million payout is due to be awarded today to a six-year-old boy who allegedly suffered a serious brain injury during birth and was later diagnosed with cerebral palsy, court documents have revealed. The compensation follows a four-year legalRead More »Court awards little Zac Ward a record $6.44 million payout for injuries sustained during birth
* by:From correspondents in Kano * From:AFP * August 12, 2011 4:34am US pharmaceutical giant Pfizer has begun long-awaited compensation payments to Nigerian families over a drug trial 15 years ago blamed for the deaths of 11 children and disabilities in dozens of others. But even as the compensation process began, the company faced further criticismRead More »Pfizer pays Nigeria drug-test victims
AAP June 27, 2011 4:36PM HEALTH Minister Nicola Roxon says the federal government is willing to consider a no-fault compensation scheme for people who are harmed by vaccines that are supposed to protect them. Leading epidemiologists this month called for such a scheme in an article published in the Medical Journal of Australia. They say peopleRead More »Health Minister Roxon considers vaccine compensation
by:Kay Dibben From:The Sunday Mail (Qld) January 08, 2011 5:00PM INJURY CLAIM: Woodford Folk festival organisers are being sued after a light stand allegedly collapsed. A WOMAN who was injured when a light stand crashed onto her at Woodfood Folk Festival is suing for almost $300,000 in personal injury compensation. Elizabeth Ann Findlay, 48, of YaroombaRead More »Woodford Festival sued for $300k
by:Tory Shepherd From:The Advertiser April 14, 2010 12:01am ADELAIDE patients are seeking compensation after replacement knee joints damaged their tissue. The prosthetic knees caused cysts, inflammation and tissue damage and, in some cases, had to be removed, prompting a class action. Healthcare provider Sportsmed, which is understood to have implanted several of the faulty knees, hasRead More »Patients seek payout on injuries from faulty replacement joints
Andrew Heasley April 29, 2004 Suing a tram company after a collision has implications here, writes Andrew Heasley. An appeals court in England has given a motorist the go-ahead to sue over injuries sustained when his car skidded on wet tram tracks and hit a pole. The British case has sent shivers through the privateRead More »Slippery issue on track
July 6, 2007 A man who was tied up and beaten during a vicious attack that ended with one of his assailants murdering the other has been awarded more than $30,000 compensation by a Brisbane court. Michael William Weir, 63, was granted $31,500 in the Brisbane Supreme Court for personal and psychological injuries sustained duringRead More »Qld attack victim awarded $30,000 payout
Colin Brinsden March 16, 2009 Australia Post denies its executives are being paid bonuses for reducing worker compensation costs. And, it says, claims that doctors are being pressured to dismiss injury claims are a “slur” on the medical profession. The Communications Electrical and Plumbing Union (CEPU) has accused Australia Post of rejecting claims from injuredRead More »No compo-related bonuses: Australia Post
October 6, 2009 New laws increasing payouts, protecting asbestos victims and recognising loss of wages for de facto partners will be introduced to parliament this week. Attorney-General Cameron Dick will introduce the Civil Liability and Other Legislation Amendment Bill, which increases the maximum caps on damages for personal injuries from $250,000 to $294,500. “These amendmentsRead More »New Qld compo laws help asbestos victims
Ruth McDonagh ‘fobbed off’ by doctors who told her to ‘take warm baths or eat different food’ By ELEANOR HARDING 24 January 2011 A mother has been given 18 months to live after doctors failed to diagnose her cancer more than a dozen times. Ruth McDonagh, 46, pleaded with GPs for two years to test herRead More »GPs sent me away 13 times and dismissed me as neurotic. Now I’ve been told that I am dying of cancer.
QUEENSLAND’S floods inquiry is about to hand down its long-awaited final report, with lawyers hoping it provide grounds for a class action against the Government. Premier Anna Bligh will be handed the Floods Commission of Inquiry’s final report at 11am (AEST), after it reopened hearings earlier this year. The inquiry sought extra time to lookRead More »Queensland floods victims await inquiry report
A Sydney woman has been left catastrophically injured after being mistakenly injected with toxic antiseptic while giving birth to her first child. Grace Wang, 32, was meant to receive anaesthetic during a routine epidural at St George Hospital in southern Sydney but instead had the highly poisonous antiseptic injected into her spine, The Sydney MorningRead More »Mother giving birth ‘injected with poison’
A pair of Oregon (USA) who had a daughter with Down syndrome has been compensated by the Legal system of health with 2.9 million dollars (about 2.2 million euros) for the wrong diagnosis of a hospital in the prenatal test. Although the parents had asked initially 7 billion dollars (5.3 billion euros) in compensation, theRead More »Multi million dollar compensation to the parents of a baby with Down’s Syndrome by a medical error
A TEENAGER suffered serious head injuries when he fell from his skateboard after being towed by a fast moving car in Sydney’s west. The 18-year-old was being towed with three others as they performed a thrill-seeking act known as “skitching” on Grande Pde, Sydney Olympic Park, in Sydney’s west, about 10pm. The skateboarder lost hisRead More »Personal injuries caused by utter stupidity – are they still entitled to compensation?
Up to 400,000 thousand women are believed to have been given the implants and the problem extends across some 65 countries, with England and France amongst others assuring those involved that the public health system will cover the cost of removing or replacing the implants. The French banned the implants in 2010, with concerns ofRead More »The scandal of the faulty breast implants from French company Poly Implant Prothese (PIP) continues
Supreme Court ruling for employee exposed to asbestos Norman Jones won a Supreme Court ruling last week that employees exposed to even the smallest dose of asbestos who fall victim to mesothelioma can seek to claim compensation from their employers. Jones acted for the family of Enid Costello, who contracted malignant mesothelioma after inhaling aRead More »Supreme Court ruling for employee exposed to asbestos
Police are appealing for the public to help with identifying men, who may be able to assist police with inquiries, following an armed robbery at a shop in Broken Hill. About 10.30pm on Thursday 26 January 2012, two men, one armed with a shotgun, entered the office area of a shop on Brookfield Avenue. TheRead More »Armed robbery – Broken Hill
In a “cosmetic surgery” procedure, a woman’s buttocks were filled with flat-tire sealant, mineral oil and cement, and then sealed with super-glue by an apparently transgender woman, Oneal Ron Morris, claiming to be a doctor – Morris had never studied medicine. The victim had sought a curvier body and a larger bottom in her questRead More »Patient Has Buttocks Injected With Flat-tire Sealant, Cement And Mineral Oil By Fake Doctor
The passengers on the cruise ship are not the only ones affected by the disaster. THE islanders of Giglio are threatening to sue Costa Cruises and its American parent company because of fears that the presence of the crippled Concordia liner will ruin their summer tourist season and deter big-spending celebrities. The head of theRead More »Islanders threaten to sue cruise ship owners
Six Costa Concordia cruise shipwreck survivors file suit in Miami Federal Court seeking $460 million in damages. The lawsuit names Costa Cruises and parent company, Carnival Cruises; lawyer cites ‘stress of disaster’ The lawsuit filed in U.S. Federal Court seeks $460 million in damages and names Costa Cruises and its parent Carnival Corp. Both have offices inRead More »Costa talks compo for cruise ship survivors. But who is to blame?
WorkCover NSW run free workshops on a range of workplace safety and workers compensation issues – check their website for up to date times and dates. These workshops cover height safety equipment, scaffolding safety nets, appliance tagging and testing, safety and isolation switches, and power distribution boards among other things. The Safety Show Sydney isRead More »Workcover NSW Workshops
The University of Sydney conducted a study on various Work Choices collective agreements and released its findings in a report entitled, “Lowering the Standards: From Awards to Work Choices in Retail and Hospitality Collective Agreements.” It summarized its observations as follows: * Most of the agreements were made from templates of contracts that incorporated minimumRead More »Report Slams Collective Agreements – Hockey Objects
The Workplace Relations Amendment (A Stronger Safety Net) Act 2007 received Royal Assent on 28 June 2007. This Act made important amendments to the agreement-making provisions of the Workplace Relations Act. The Act’s most important feature is the “fairness test” which Australian Workplace Agreements (AWAs) and collective agreements must pass in order to be effective.Read More »The Fairness Test for Workplace Agreements
An employer can legally terminate the services of an employee who drank two beers during his lunch break for violation of a “no alcohol” company policy. Thus, it was the decision of the Australian Industrial Relations Commission in the case of Selak v. Woolworths [2007] AIRC 786 to validate a company’s “zero tolerance” policy onRead More »Workers told to think before they drink
A report entitled, “AWAs, Collective Agreements and Earnings: Beneath the Aggregate Data” recently revealed that employees on AWA individual agreements earn 16% less than employees under collective agreements. The Australian Council for Trade Unions (ACTU) accepted the report which was prepared by Professor Dadid Peetz of Griffith University and Professor Allison Preston of Curtin University.Read More »Unions slam employers backing AWAs ahead of Work Choices scrap
Is a company’s redundancy policy deemed incorporated into an existing employment agreement? This was the legal issue in Willis v Health Communications Network Ltd., [2007] NSWCA 313. In a decision that has been considered a triumph for employers, the New South Wales Court of Appeals ruled that a redundancy policy being applied to employees didRead More »Incorporation of Company Policies into Employment Contracts
The National Skills Policy Collaboration recently released a ten-point plan to tackle Australia’s shortfall in the supply of skilled workers. The Collaboration is an aggregation of major employer and union groups such as the Australian Council of Trade Unions (ACTU), Australian Industry Group (AI Group), Australian Education Union (AEU), Dusseldorp Skills Forum (DSF) and GroupRead More »Ten-point plan to tackle skills crisis welcomed by industry groups
The National Electronic Conveyance Office (NECO) has announced the development of a new body called the National Steering Committee the 6-US meeting on 30 March 2007. Committee chairman Les Taylor, in a statement dated 18 March 2007, reinforced the need for the committee to have a national business model to ensure “common view” on theRead More »Steering Committee endorses national business model of electronic conveyancing
Property developers around Australia have been at odds with the Australian Securities and Investments Commission (ASIC) recently. We will examine some of the disagreements which will be cautious reminders for developers to seek legal advice to help prevent a conflict with the powerful corporate watchdog. Victoria In March of this year Victorian-based property spruiker HenryRead More »ASIC reveals latest host of disputes against property spruikers
A key voter issue in the forthcoming federal election will be housing availability and affordability. Only a few months out from the election, politicians are battling to gain the upper hand in housing solutions as new figures and a wave of public sentiment support change. The Housing Industry Association’s (HIA) in its most recent issueRead More »Parties Scramble in the Battle for Votes
In the recent decision of Reliance Carpet Co Pty Limited v Commissioner of Taxation [2007] FCAFC 99 (5th July, 2007 called “the Reliance decision”) the full Federal Court issued a significant ruling on a vendor’s liability to pay GST (Goods and Services Tax) on a forfeited deposit for the sale of real property. Background toRead More »The Federal Court Rules on Vendor’s Liability for GST on a Forfeited Deposit
Rising Home Prices Homebuyers are continuing to pay premium prices for property, despite the impending interest rate rise. According to a recent report by mortgage insurer PMI Mortgage Insurance and BIS Shrapnel, housing prices have grown at a faster pace in Melbourne, Brisbane, Perth and Hobart in the June quarter of 2007 compared to theRead More »Rate rises looming as property market volatile – report
The New South Wales Government has finally come out with an announcement to reform residential developments across the state, pleasing homeowners, developers, builders and local governments. On 27 November 2007, a discussion paper was issued by Planning Minister Frank Sartor. The report was to announce the improving the NSW Planning System, outlining the major reforms.Read More »States Unveil Planning Reforms
Concerns in the retail tenancy market applying to small and medium businesses are the focus of a new discussion paper “Issues Affecting the Retail Leasing Industry in NSW” released on 14 April by State Small Business Minister Joe Tripodi. In releasing the report Mr Tripodi said that: “of particular concern is the imbalance between shoppingRead More »Retail tenancy under scrutiny by the Productivity Commission
The recent Anvil Hill case addressed the question of assessing greenhouse gas (hereafter GHG) emissions when mining applications are considered in Australia. 20 September 2007, the Federal Court of Australian, by Justice Margaret Stone, dismissed an application by environmental group Anvil Hill Project Watch Association. Concern was raised with respect to the mine’s possible contributionRead More »Businesses small and large encouraged to “go green”
The High Court has found that the “conduct of an innocent party is a relevant factor in considering whether a contract has been repudiated”. The decision is good news for small businesses in their relying on other parties to fulfil contractual obligations. A joint venture was entered into between “Koompahtoo Local Aboriginal Land Council” andRead More »High Court boost for contracting parties
The Anti-Money Laundering/Counter-Terrorism Financing Act (AML/CTF), which came into effect on 12 December 2007 will soon have implications for small businesses. As the first part of the AML/CTF Act has come into full effect, banks and other financial institutions are to comply with the new laws. The second provision of the legislation is expected toRead More »Will new laws turn small business into spies
Small businesses will now participate in the drafting of new workplace laws with the creation of a new Business Advisory Group and Small Business Working Group, announced on 20 February 2008. Federal Employment and Workplace Relations Minister Julia Gillard and Small Business Minister Craig Emerson said when making the announcement “the groups would work withRead More »Government consults small business on new workplace laws
The Australian Competition and Consumer Commission (ACCC) has announced it obtained orders from the Federal Court finding that “Original Mama’s Pizza and Ribs Pty Ltd” a pizza oven provider, misled its business customers about the contracts by which they purchased the ovens. The ACCC said the terms under which their finance contracts provided for theRead More »Federal Court finds Pizza oven provider misled small business owners – ACCC
Concerns about current regulatory settings across the country means that retail leases may be set for a big revision. Stakeholders raised complaints about retail leases, including small businesses, to the Australian Government, the Productivity Commission. As a result the Commission has been asked to conduct a six-month inquiry into the market. Small businesses have advocatedRead More »Retail tenancy shake-up to address small business concerns
