Archive for August 2016
NEW LAWS ALLOW FOR HOME DETENTION INSTEAD OF IMPRISONMENT
Landmark new sentencing laws allow for defendants in criminal law cases to be sentenced to home detention rather than imprisonment. From 1 September 2016, judges will be able to sentence defendants to serve a term of home detention rather than a custodial term. This represents a complete change to the community corrections system and is…
Read MoreADELADY AND WEBSTERS LAWYERS: A GREAT LOCAL PARTNERSHIP
Here at Websters Lawyers, we love all things South Australian. We especially love a home-grown success story. Take Adelady, for example. Two local ladies, Hayley Pearson and Lauren De Cesare, decided to start a website celebrating the best of South Australia. With a female focus, there are no prizes for guessing how they came to…
Read MoreCAVEATS: HOW TO PROTECT YOUR INTEREST OVER HOUSE AND LAND
If you’ve ever considered buying or selling a house, you may be familiar with all the nuts and bolts of real estate, conveyancing and some of the surrounding legal issues. But there’s one instrument that usually lurks quietly in the background because there’s not a huge demand for its services. It’s the caveat. It may…
Read MoreTAKING A HIT AFTER THE SPLIT: POST SEPARATION CONTRIBUTIONS
Let’s say you’ve just separated from your partner and then you buy a house. Or you win the lottery. Or you inherit a large estate. Now that you and your partner have gone your separate ways, you may think that you’re entitled to keep it all. But maybe not. Sometimes, a long-separated couple will seek…
Read MoreTHE PRINCE AND THE PRETENDER
We may all sleep a little easier after a recent decision of the South Australian Supreme Court, in which a fraudster was denied the chance to continue to defend a claim against him. The Court found that he had not produced any reliable evidence, despite his purported links to a Saudi Prince, the CIA and…
Read MoreCAN YOU TAKE THE KIDS OVERSEAS WHEN YOUR EX WON’T CONSENT?
Once you’ve separated from your partner, the issue of overseas travel with children can become fraught with difficulties. The Family Court recently looked at this issue and took into account the conduct of the mother and father in the initial hearing, on appeal and for all the years that the case had been before the…
Read MoreCONTESTING A WILL: WHAT IS ADEQUATE PROVISION?
When a man disinherited three of his children but left $1.6 million to charity, his children took legal action against his estate. This case raised a question about what is “adequate provision” and whether strained family relationships can disentitle children from an inheritance. The facts The man was a farmer who owned two properties. He…
Read MoreLAWYER OR MIGRATION AGENT: WHAT’S THE DIFFERENCE?
You’ve made the decision to migrate to Australia and you’ve started planning your move, right down to what you’ll pack in your suitcases. But before you get to that, you need to organise a visa. Friends have told you to get help from a professional based in Australia. You look into it and discover that…
Read MoreCOMPENSATION DOUBLE DIPPING? PROCEED WITH CAUTION WHEN CLAIMS COLLIDE
Making multiple claims for the one injury can come back and bite you, as a decision of the District Court has shown. In law, one matter may fall under more than one area. For example, an injury in the course of employment may be covered by workers compensation law, personal injury law and employment law.…
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