Supreme Court Scale of Fees in Adelaide

Posted on Jan 20, 2015

Are you looking for information regarding the Supreme Court Scale in South Australia? Did you know that there is a Supreme Court Scale of Fees in Adelaide? Legal matters can be an expensive rand much more so when you’re confused about how much to pay for a certain item or service in court. Such a scale would help you get a good grasp on the matter and something that you should discuss with your legal firm particularly when discussing fees. A good look at Supreme Court Fees in SA When you’re talking cost in the legal community, the Supreme...

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Mistakes to Avoid in Hiring Lawyers in Adelaide

Posted on Jan 10, 2015

Are you in need of some legal advice? If you’re thinking about hiring lawyers in Adelaide, then there are a couple of things that you need to know to make sure that you don’t get taken advantage of. Legal concerns are some of the most difficult issues to deal with and you’ll need legal advice to best protect your interest. However choosing the wrong lawyer for your court case can put you in a lot of trouble and ultimately cost you a lot more. You would be well advised to be wary about so called free legal advice that is often given by...

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All about No Win No Fee Claims in Adelaide

Posted on Jan 5, 2015

Are you looking for “no win no fee” lawyers? You may have already heard about it – no win no fee claims in Adelaide are quite common in the legal community. What exactly are these claims and what are the benefits of hiring no win no fee lawyers if you ever need to? Hiring “no win no fee” lawyers Citing the high cost of legal services in the country, “no win no fee” claims were introduced as a legal arrangement that better protects the interest of clients as they file for accident or injury claims in court. This arrangement is...

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BE SPECIFIC WHEN NAMING YOUR EXECUTOR

Posted on Nov 25, 2014

A clause in a will appointing executors in the alternative without stating the circumstances in which they are appointed is void. The Supreme Court was recently required to exercise its power to rectify a will that appointed as executor, “my solicitor … or any solicitor in her employ.” The clause didn’t indicate any order of preference or hierarchy between the solicitor or another employed by that solicitor. For that reason, when the solicitor applied for a grant of probate the matter was referred to a Judge for direction because...

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DNA EVIDENCE IS NOT ALWAYS THE FINAL WORD

Posted on Nov 16, 2014

A man charged with three counts of endangering the lives of occupants of a house by firing shots into the residence in a drive-by shooting where police relied on DNA evidence has been found not guilty after a recent trial in the District Court. Witnesses to the offence identified the car involved as belonging to the accused man, and when it was searched less than an hour later, gloves were located on which gun powder residue was identified. The gloves were also analysed for DNA material and the sample obtained contained a mixed profile from...

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WHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK

Posted on Nov 10, 2014

The issues that can arise when a person is injured at work as the result of a car accident were highlighted in a recent District Court case. The plaintiff was hit by a car while crossing the road to do her employer’s banking. As she was entitled to Workers Compensation a claim was made, although there was a delay before she began to receive weekly income maintenance payments. When there is a delay in paying an injured worker compensation for lost income then they are entitled to interest and in this case, as a result WorkCover had to pay...

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NOT LIVING TOGETHER BUT STILL DE FACTOS?

Posted on Nov 7, 2014

A de facto relationship doesn’t legally end simply because one partner has sexual relations with others or even if they get married to someone else according to a recent Family Court decision. The case has reinforced that anyone thinking of separating from their de facto partner needs to express that intention to the other party for separation to have occurred. In the case of Cadman & Hallett the issue was whether a de facto relationship existed and when separation occurred. Mr Cadman and Mr Hallett commenced living together in a de...

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ICAC – WHAT IS IT AND WHAT CAN IT DO?

Posted on Oct 30, 2014

The South Australian Independent Commissioner against Corruption (ICAC) was established in South Australia in 2013 and was set up to investigate corruption, misconduct and maladministration in public administration. The Independent Commissioner against Corruption Act 2014 defines public officers and public authorities as follows: Public officers include: Members of Parliament Members of the Judiciary Police Officers Public Sector Employees Councillors Council Employees Persons contracted to perform work for a Public Authority or...

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DISPUTING A WILL – WHAT’S THE COST?

Posted on Oct 28, 2014

The old principle that legal costs arising from disputing a will are usually paid out of the estate (“known as the Probate Costs Rule) is outdated and in need of reform according to the Supreme Court. In a recent case, the deceased had hand written his intentions for his estate in a note book. It was not signed or witnessed as is normally the case for a valid will. Nevertheless, the Court found that the deceased, having studied law and being aware of succession laws, intended that hand written note to form his will and accordingly, the...

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NO CONVICTION – ITS NOT ‘UNUSUAL’

Posted on Oct 21, 2014

A case involving a traffic charge does not have to be ‘unusual’ for a Court to refrain from recording a conviction. Recently, a man was charged when a car he owned was driven unregistered and uninsured. He was told by a Magistrate that his case was not unusual and therefore he would have to receive a fine equivalent to the expiation fee and a conviction. On appeal to the Supreme Court it was held that the Magistrate had made an error in the way that a Court should deal with the question of whether or not to impose a conviction. The...

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