Posts by Websters Lawyers
IMPRISONED FOR ACCEPTING A GIFT
A man was imprisoned for fourteen days for two charges that included accepting as a gift from a friend a single round of ammunition that he intended to make into a necklace. The man was charged with a number of offences including possession of a slingshot and accepting the ammunition when he did not hold…
Read MoreWORK CAPACITY REVIEWS – WHO HAS TO PROVE THEM?
A person injured at work who has been incapacitated and in receipt of income maintenance payments under the SA Workers Compensation scheme for 130 weeks may be subjected to a Work Capacity Review to determine whether the Workers Compensation payments can continue. The question is, “Who has to prove whether the person injured has the…
Read MoreHOW INTOXICATION CAN AFFECT A COMPENSATION CLAIM.
A pedestrian who was the victim of a hit and run has had his award of compensation reduced by half from $638,155.02 to $319,077.51 on the basis that he was extremely intoxicated and ought to have been aware that he was creating a situation of danger. The incident was the culmination of a series of…
Read MoreWHAT CAN BE DONE TO AVOID DEMERIT POINTS?
When a police fine for a speeding charge is paid or a conviction is recorded in Court, then demerit points are incurred* unless the Court is satisfied that the offence was ‘trifling’ or any other proper cause exists to reduce the number of demerit points. The Supreme Court recently considered the various grounds upon which…
Read MoreUNCERTAINTY ABOUT LUMP SUM COMPENSATION FOR INJURED WORKERS
A person who is injured at work and as a result suffers a permanent disability is entitled to a lump sum payment of compensation based on the percentage of impairment involved under section 43 of the Workers Rehabilitation and Compensation Act. A recent judgment of the Full Bench of the Workers Compensation Tribunal has noted…
Read MoreCONTRACTOR GETS INTO HOT WATER – WHEN AN INJURED WORKER CAN SUE
The District Court recently determined that a 50 year old delicatessen worker was entitled to around $440,000 damages after her feet were badly scalded by a jet of hot water when a plumbing fitting failed. In South Australia an injured worker is not permitted to sue their employer for negligence, however she sued the contractor…
Read MoreI’M GUILTY ANYWAY – DO I NEED A LAWYER TO REPRESENT ME IN COURT?
A 17 year old with no previous convictions was sentenced to detention for seven days for driving after his license had been suspended as a result of his having not paid a fine for parking on a yellow line! That penalty was appealed to the Supreme Court which found that the youth should never have…
Read MoreHOW DO I REVOKE A WILL?
Make sure the legal formalities are followed when you make any change to your legal will or uncertainty and unnecessary expense can result. Recently the Supreme Court was faced with a situation in which a legal will had been made and was held by solicitors, but the client later wrote to them saying that she…
Read MoreCCTV FOOTAGE – DON’T ASSUME POLICE WILL OBTAIN ALL THE EVIDENCE
Hundreds of closed circuit television cameras are dotted throughout the Adelaide CBD capturing the day to day activities of thousands of individuals. Nightclub owners have even been ordered to install a CCTV network before approval is given for a liquor licence. (If you ask Police Security Services how many cameras are operating that they monitor…
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