Archive for July 2017
WHY DO I NEED A CHARACTER REFERENCE FOR COURT?
In criminal law and traffic cases, when a Court finds a person guilty of an offence, it must impose a penalty for the crime. An important part of this process is character references. A good character reference can often persuade the Court to impose a less severe penalty on the accused person, so it’s a…
Read MorePERSONAL INJURY: $1 MILLION IN DAMAGES FOR ASBESTOS EXPOSURE
A man was awarded more than $1 million in damages after being exposed to asbestos 40 years ago. He contracted terminal mesothelioma as a result of the exposure and took legal action against the asbestos manufacturer. This case shows how seriously the legal system treats asbestos claims – not just because of the speed at…
Read MoreCAN YOU GET WORKERS COMPENSATION FOR ALCOHOLISM?
When a man turned to alcohol to self-medicate after suffering a workplace injury, his general health deteriorated. When he then made a workers compensation claim, the question was whether there was a link between his alcohol consumption and his work-related injury. Background – workers compensation (WorkCover) and alcohol intake Since 1974, the man had worked for the…
Read MoreCRIMINAL LAW: BAIL ACCOMMODATION SUPPORT PROGRAMME OPENS IN THE PORT
Imagine that you are charged with a criminal offence. You’ve been granted bail but have nowhere to live. What happens to you? You could be kept (remanded) in custody until your case is determined. That means that you’re imprisoned – even if you’re innocent or ultimately found not guilty of the charges. This has been a…
Read MorePROPOSED DEVELOPMENT THREATENS TO OVERSHADOW SOLAR PANELS
Does a property owner have the right to access sunlight? Should it be a protected right? These were the issues when a proposed development threatened to overshadow another property’s solar panels. The neighbour raised objections with the local council and the council refused to consent to the development. The developer took legal action but was…
Read MoreCRIMINAL LAW: WHAT IS REASONABLE DOUBT?
When 10-year-old Louise Bell disappeared from her bedroom on a balmy summer’s night in 1983, the nation was shocked. It was one of South Australia’s most enduring and high profile cold cases until recently, when a man was tried for her abduction and murder. One of the big issues in any criminal law case is the concept…
Read MoreNEW LAWS RELATING TO FAMILY VIOLENCE AND CHILD ABUSE
Are you affected by Family Violence? On 7th June 2012 changes came into effect in how matters dealing with allegations of child abuse or family violence are now dealt with by the Courts. Family Violence is defined as: violent, threatening or other behaviour by a person that causes or coerces a member of the family…
Read MoreWORKERS COMPENSATION: WHEN ARE FIFO WORKERS ENTITLED TO CLAIM?
A fly in/fly out (FIFO) worker was injured as he was leaving his accommodation cabin before commencing work. He then made a claim for workers compensationand the South Australian Employment Tribunal had to decide whether his injury occurred “out of or in the course of employment.” This case highlights how complex workers compensation claims can be,…
Read More