Posts by Websters Lawyers
WHEN A SUCCESSFUL DEFENDANT IS ENTITLED TO COSTS
The exercise by an accused person of the right to remain silent when interviewed by police should not of itself be the basis for the police to avoid paying legal costs if the charges are dismissed after that person gives evidence in Court. In a recent case before the Supreme Court a woman who had…
Read MoreRELYING ON THE OPINIONS OF MEDICAL PANELS AT TRIAL
The recent decision of the Workers Compensation Tribunal in relation to the matter of G v SAFECOM brings to the fore the spectre of the Opinions issued from Medical Panels SA (brought in under legislative changes in recent years). The crux of the matter considered by the Workers Compensation Tribunal in this case was as…
Read MoreOVERCOMING SUSPICION ABOUT THE VALIDITY OF YOUR WILL.
Are you thinking of writing a Will or updating your existing Will? It is very important to engage a competent and independent legal advisor when writing a will. Your will is not valid unless its contents are known to and approved of by you as the testator. A person claiming on your will must satisfy…
Read MoreWHEN CAN A CRIMINAL CHARGE BE FINALISED WITHOUT A CONVICTION?
Two recent decisions handed down by the Supreme Court have considered the circumstances under which a criminal conviction should not be recorded against a person found guilty of an offence. In one case, this was despite the fact that the accused person was found guilty of the charge of assault after a six-day trial. Under…
Read MoreWHAT HAPPENS WHEN AN EXECUTOR OR BENEFICIARY IS NOT LEGALLY COMPETENT?
Often overlooked when we attend to estate planning matters is the appointment of an Attorney by an Enduring Power of Attorney and the appointment of a Guardian by Enduring Power of Guardianship. An Enduring Power of Attorney and an Enduring Power of Guardianship may only be executed at a time when the donor has legal…
Read MoreCOMPENSATION FOR HEARING LOSS AT WORK
A worker who suffers hearing loss from exposure to noise in the workplace can claim a lump sum payment of compensation and the Workers Compensations laws help to overcome the difficulty of proving how or when the hearing loss occurred.In a recent case in the Workers Compensation Tribunal a worker claimed a lump sum payment…
Read MoreWHAT CONSTITUTES POSSESSION OF A DRUG?
Many criminal charges relate to the question of whether a person was in ‘possession’ of an item (such as drug possession or unlawful possession of property) and recently the District Court of South Australia confirmed what is required in order to prove ‘possession’. In this particular case the accused person was alleged to have taken…
Read MoreCOMPULSORY VOTING UNDER CHALLENGE
A South Australian man recently challenged a charge under section 245(15) of the Commonwealth Electoral Act for failing to vote. That section makes it an offence to fail to vote at a Federal election without a valid and sufficient reason, and the man’s reason was that the definition of the word ‘vote’ requires an element…
Read MoreYOU DON’T HAVE TO BE EMPLOYED TO HAVE CONTRIBUTED.
When it comes to De Facto separation, just because one partner was not earning an income does not mean they didn’t contribute to the relationship. A recent decision of the Court highlights the importance that is given to non-financial contributions made by one of the spouses. On 1 July 2010 financial issues relating to the…
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