Posts by Websters Lawyers
VICPOL CASE SETS NEW STANDARDS FOR WORKPLACE BULLYING COMPENSATION
A former Victorian Police Officer has been awarded $250,000 in damages following severe and prolonged workplace bullying. This highlights the need for employers to be proactive in protecting employees from bullying. The court has made it clear that bullying is unacceptable, regardless of the size, status or culture of the employer. Background Willett joined VicPol…
Read MoreCRIMINAL LAW: IT MUST BE YOURS; IT’S ON YOUR PROPERTY!
Ever heard the saying that possession is nine tenths of the law? In other words, if an item is in your possession, it must be your responsibility. This is what the police thought when they charged a man for drug possession after they found methylamphetamine and “fantasy,” along with items associated with the manufacture of…
Read MoreSTOP PRESS: IMPORTANT CHANGES TO VICTIMS OF CRIME COMPENSATION
Victims of crime are now entitled to claim up to a maximum of $100,000 in compensation. This change, which came into effect on 1 July 2016, is a huge increase on the previous maximum compensation of $50,000. How does the Victims of Crime scheme work? Assault, rape, robbery. They’re all terrible crimes that have a…
Read MoreHAVING YOUR DAY IN COURT: IS IT WORTH IT?
Having your day in court does not mean that you’ll recover all or any of your legal costs, a court has decided. It’s a timely reminder for anyone thinking about commencing court action. How the case unfolded The case involved two companies: Daycone entered into a contract with Emrich to purchase some machinery. Daycone paid…
Read MoreDOMESTIC VIOLENCE CAN AFFECT FAMILY LAW PROPERTY SETTLEMENTS
A woman has been awarded the lion’s share of assets after she produced photographs to a court showing injuries caused by her former husband. Why? Because the Court found that the abuse had affected her mental state and future employment prospects. It’s not necessarily well-known that domestic violence can affect family law property disputes so…
Read MoreHEAR HEAR: WORK-RELATED HEARING LOSS
A decision of the Workers Compensation Tribunal makes it clear that when it comes to work-related hearing loss, the sooner a claim is made, the better. Hearing loss can cause great hardship for some people, especially because sometimes it can be hard to tell what has brought it on. This was the issue that the…
Read MoreOPERATION DISTRACTION
SAPOL’s Operation Distraction has targeted South Australian motorists who are using their mobile phones while driving. Police tasked to Operation Distraction have been patrolling the streets and intersections undercover to fine drivers who use their phone while driving or stationary. An Expiation Notice for Driving while Using Mobile Phone issued carries a fine of $375 (including the victims…
Read MoreBE SPECIFIC WHEN NAMING YOUR EXECUTOR
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…
Read MoreDNA EVIDENCE IS NOT ALWAYS THE FINAL WORD
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…
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