Posts by Websters Lawyers
Drink driving charge dismissed after ‘inept’ breath test by police
A 76 year old Coober Pedy resident with no previous offences has had his conviction for ‘drink-driving’ set aside in the Supreme Court after it was found that the magistrate who heard the trial put too much significance on the result of an alcohol screening test, and the driver’s behaviour was consistent with his claim…
Read MoreWHAT HAPPENS WHEN A WILL IS MADE IN ‘SUSPICIOUS CIRCUMSTANCES’?
The circumstances were enough to make anyone suspicious. Despite a previous will in 2001 leaving everything to her husband and, if he died before her then to each of his five nephews in equal shares, Nadia’s more recent will left everything to a woman whom she described as ‘my daughter Georgette’ even though they were…
Read MoreMan Sues Police After Losing His Job
A 62 year old man is suing the South Australian Police Commissioner for lost earnings and ‘psychological injury’ after he was fired from his job when the employer received the results of a ‘police check’ that incorrectly said the man had been convicted of sexual intercourse with a person under 12. Employment Terminated In 2011…
Read MoreWhat’s mine is yours – transferring a tax debt in a divorce
When a couple separate, what happens if one of them has a tax debt? This can be a real issue especially if a Family Trust or other financial arrangement is used to distribute income earned by one party to the relationship to the other. As a general rule of thumb, debts incurred by parties to…
Read MoreScooter Injury At Home Leads To Workcover Claim
A 41 year old man who broke his elbow when he fell off a scooter while playing at home with his son has been awarded workers compensation for the injury. This recent case in the SA Employment Tribunal looks at the question of how and when an injury that doesn’t happen at work can still…
Read MoreCan I Record My Ex?
Secret audio recordings made by a mother of the father interacting with his children and video footage of him speaking with her during handover have come under consideration in recent Family Law proceedings. The behaviour of the father during the video recordings was consistent with ‘family violence’, and his conversations with the children were relevant to…
Read MoreWhat’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry
Following shortly after an underpaid cook in an Adelaide Indian restaurant was awarded over $180,000.00 by the South Australian Employment Tribunal, several more recent cases suggest that workers in the food industry are at real risk of exploitation. Australia sat up and took notice when MasterChef judge George Calombaris’ hospitality group MAdE Establishment was found to have…
Read MoreOverworked and underpaid? Are you being paid enough?
After the SA Employment Tribunal recently ordered an employer to pay in total over $170,000.00 to an employee who had been exploited and underpaid, many workers are asking, “Am I being paid what I’m entitled?” As this and other recent cases have shown, the number of Australian companies being found responsible for skimping on worker…
Read MoreChanges to make victims of crime claims faster and easier
A significant change to the procedure for claims under the Victims of Crime Act will make it a lot less stressful and much faster for victims to obtain compensation. The Victims of Crime scheme provides compensation to victims for the pain and suffering they have endured as a result of a crime along with the…
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