Posts by Websters Lawyers
WEDDING CANCELLED: CAN THE DEPOSIT BE REFUNDED?
Most people expect that a “non-refundable” deposit is just that. If you don’t go ahead with your plans, you lose it. But after cancelling their wedding, a couple has successfully convinced a court that most of their deposit should be refunded. Background In December 2014, an engaged couple inspected Brooklyn Farm. They wished to hire…
Read MoreCHILDCARE’S “NON-WORKING” PARENT REQUIREMENT: IS IT DISCRIMINATION?
Just recently, an internet storm erupted over a letter from a childcare centre to its parents. It highlighted the gulf between working and “non-working” parents and raised questions about whether the childcare centre was engaging in discrimination. Background An unidentified childcare centre sent the letter to all of its families. One parent forwarded her copy…
Read MoreINTERVENTION ORDERS: SHOULD I JUST CONSENT?
Sometimes, it might seem easier to consent or admit to something just to get out of a difficult situation. This is what happened when a man consented to an intervention order, only to find that he didn’t wish to live with the consequences of the consent. Background In early 2015, a temporary (interim) intervention order…
Read MoreCAN A PERSON MAKE A WILL IF THEY DON’T HAVE CAPACITY?
So many times, it’s not until a loved one is in care that we realise they don’t have a will. If that person no longer has legal capacity to make a will, it is a common misconception that there is little that can be done. Did you know that an application can be made to…
Read MoreWORKERS COMPENSATION: WHEN IS IT TOO LATE TO CLAIM?
In separate decisions, two workers were recently allowed to make workers compensation claims, even though they were well out-of-time. One case concerned industrial deafness, or noise induced hearing loss (NIHL), and the other was a back injury. Hearing Loss In this case, the worker had received workers compensation in 1982 for NIHL. In 1989, he…
Read MoreSIGNIFICANT DAMAGES AWARDED IN WORKPLACE SEXUAL HARASSMENT CASE
A woman who was sexually harassed at work has been awarded $130,000– a significantly higher amount than in previous similar cases. This case is important because courts now appear willing to award higher payouts in line with community expectations. Background The woman, who was based in Sydney, worked for the company in a senior consulting…
Read MoreFACEBOOK POSTS LEAD TO CYBERSTALKING CONVICTION
A man has been convicted of stalking after he posted threatening messages on his Facebook account. The facts The man and the victim were both involved in an organisation that trained young cyclists. In 2007, the victim found out that the man had had inappropriate contact with two young female cyclists and so made a…
Read MoreA FALL AT THE FOOTY: IS IT WORK?
Most people would assume that if you go to the footy and get injured, you can’t get workers compensation because you’re not at work. But that’s not always the case. Employee activities outside of work hours may still attract an entitlement to compensation if it can be proven that the employment was a significant cause…
Read MoreCONTEMPT OF COURT IN FAMILY LAW PROCEEDINGS? YES, IT CAN HAPPEN
The Family Court ordered a man not to sell a prestige motor car without his former partner’s consent. He went ahead and sold it anyway and spent the $90,000 proceeds on gambling and drugs. So how did the Family Court react? Background The parties were involved in property settlement proceedings following the breakdown of their…
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