Posts by Websters Lawyers
Injured and need help? Lawyers are super in superannuation claims
The last thing you want to do when you’re injured or ill is battle it out with a superannuation provider for financial support. Many superannuation customers are unaware that the annual fees they pay may include several types of insurance, namely: Income protection cover, which pays you an income stream for a set period if…
Read MoreEmployer To Pay $170,000 For Sexual Harassment
A woman has been awarded $170,000 compensation after having suffered sexual harassment in her workplace. In what the Court described as a ‘mind-boggling’ imbalance of power, her employer was found to have taken advantage of her vulnerability and ‘relentlessly’ pursued her by bombarding her with emails. The employer defended the claim on the basis that his actions…
Read MoreNature vs Nurture – How Important Is It To Be The “Biological” Parent?
Same sex relationships, surrogacy, sperm donation, adoption and IVF. When the Court decides who a child should live with or spend time with just how significant is it to be the biological parent? Court Decisions Regarding Parents Rights Two recent and highly contested Court decisions regarding parenting rights have looked at the significance of being…
Read MoreWas There A Murder? Who Knows?
You would think it goes without saying that police officers would take a serious approach to the investigation of a sudden unexplained death. In a recent Coronial Inquest into the death of a man on the premises of a medical practice as a result of a heroin overdose, it was noted that the police didn’t…
Read More‘Strange Behaviour Not Enough For An Unlawful Police Search
Serious criminal charges against a man who was sitting in a car in which police found drugs, $18,600 cash, a knuckle duster and other items have been dismissed after the Court found that the police search of the car was unlawful. The police officer who searched the car couldn’t remember what circumstances gave him the power to…
Read MoreHow Domestic Violence Can Affect Family Law Property Cases
In a recent Family Court case a wife has received the entire $1.3 million worth of properties after the Court found that she had been subjected to violence and controlling behaviour by the husband. The husband would have received 30% of the property pool but was ordered to transfer to the wife the three properties which were…
Read MoreSettle or Sell It –When Divorcing Couples Can’t Agree on Value
People collect all sorts of things, from stamps or movies to action figures or wine. So when a couple separate, what happens about the collection? Who gets it and what is it worth? The Collection of Books In a recent property dispute, one of the biggest points for the Court to decide was the value…
Read MoreWhyalla Man Awarded $24,000 For An Unlawful Arrest By Police
Man Stopped By Traffic Police A long-time Whyalla resident has been awarded $24,000 in damages after succeeded in a claim against police for false arrest, false imprisonment and assault and battery. In awarding damages the Court made particular note of the fact that a police officer had threatened the man with capsicum spray, and had claimed…
Read MoreDoes The Government Owe You A Duty Of Care?
Falsely accused of rape, locked up and suspended from work as a teacher. What else could go wrong? Then the Child Support Agency garnished his wages without notice when he had no obligation to pay child support, causing him shock, upset and concern. Is A Government Liable For Damages? This recent case raises a very…
Read More