Websters Lawyers Adelaide, SA https://websterslawyers.com.au Website by Elemento! Wed, 20 Mar 2019 02:50:43 +0000 en-US hourly 1 https://wordpress.org/?v=5.1.1 Does The Government Owe You A Duty Of Care? https://websterslawyers.com.au/news/does-the-government-owe-you-a-duty-of-care/ Wed, 06 Feb 2019 05:05:58 +0000 https://websterslawyers.com.au/?p=3187 Click to Call Testimonials Find an Expert Does The Goverment 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…

The post Does The Government Owe You A Duty Of Care? appeared first on Websters Lawyers Adelaide, SA.

]]>

Does The Goverment 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.

duty of care and the government

Is A Government Liable For Damages?

This recent case raises a very interesting issue as to whether a Government agency can be liable for damages if it causes psychological harm by acting unreasonably.

It seems that it was almost the last straw.  The man and his wife had separated.  He was under extreme financial pressure and suffering personal stress for a number of reasons arising from the separation.  Not the least of these was the fact that his wife made an allegation of rape against him for which he was arrested, which resulted in him being suspended from duty as a teacher, and which was later proven to be fabricated.   His wife took their child to Coober Pedy without notice and he obtained a Family Court Order in his favour that the child was to be returned to Adelaide which he said cost him $25,000.  The child was delivered into his custody.  The man had full support of the child and no obligation to make any child support payments to his estranged spouse.  She then contacted the Child Support Agency and requested that they secure payments from him.  Without contacting or notifying the man or checking to confirm whether any money was owing the Agency garnished his wages from the Education Department.

Child Support Agency

The man claimed that the actions of the Child Support Agency (The Department of Human Services) in notifying his employer that child support monies were owing when that was in fact not the case, and causing money to be deducted from his pay without notice, caused him to suffer distress, embarrassment, confusion, anxiety, insomnia and gastro-oesophageal reflux.  He sued the Commonwealth of Australia for negligence, intentional infliction of personal injury and defamation.

On reviewing the case the District Court noted that it was quite plain to the Agency that there was no suggestion that the man owed any money for child support.  In fact, the only evidence available indicated that when the Agency did make an enquiry on this topic with the former wife, she told them that the man did not owe any money.  The Court found that without explanation, the Agency had ignored its own required procedure to ensure that a debt is correct before taking action, and made no attempt whatsoever to check whether any money was owing.

Little Or No Evidence

On the question of whether the Agency made any enquiry with the man the Court concluded that there was little or no evidence to show that it had made ‘extensive efforts’ to contact him.  The fact that the Agency knew where he was for the purpose of sequestering his wages, but were apparently sending letters to defunct post office boxes in Alice Springs and Mintabie which came back unopened, was described as a ‘glaring contradiction in actions of the Agency’ which might give some indication as to its competence, negligence and bona fides toward the man.  It was actually a breach of its own policy and procedure to fail to make further enquiries in those circumstances.

The Court said that the inescapable conclusion is that either reckless disregard or deliberate malfeasance was exhibited towards compliance with these policies as they were plainly ignored.

The key issue to be decided was whether the Commonwealth owed a duty of care to the man, and if so whether it was in breach of that duty.   The Commonwealth argued that a person does not owe a duty to another person to take care not to cause them mental harm unless a reasonable person in the defendant’s position would have foreseen that a person of normal fortitude in the plaintiff’s position might, in the circumstances, suffer a psychiatric illness.  The Court said that IF the Agency has a duty to a person whose wages it proposes to garnish to (a) give them notice prior to doing so as required by its cited policy to that effect, (b) check that monies are actually owing prior to garnishing the wages as required by its cited policy to that effect, (c) exhibit reasonable care in the course of exercising their statutory power or (d) not act in reckless disregard of the interests of the person whose wages are to be taken to not have monies they don’t owe wrongly deducted, then it plainly breached all of those duties.

Scope & Extent Of Duty

Further to that, even if the Commonwealth owed a duty of care to the man, what was the scope and extent of that duty?

As yet, we don’t have an answer.  In this case the District Court noted that there are issues of great significance to both the Agency and those who might be affected by the Agency’s actions in the future that needed to be decided.

While the Court confirmed that a duty of care can potentially arise to a third party when a Government Agency is acting in accordance with a duty it has under the law, it also noted that no duty of care will be established where it would be inconsistent with the objectives of that law.  For example, in this case the purpose of the relevant law is to support children by ensuring that liabilities for child support are satisfied.    On the other hand, those objects are limited to extracting payments from people who actually owe money.  The law relating to child support payments involves a process where a person’s property can be forcibly taken from them, and so it is arguable that a law that empowers an agency to take someone’s private property might give rise to the existence of a duty of care. For example, there might be a duty to adhere to procedural safeguards that are in place, or not to act with reckless disregard to the property rights of the persons affected.

When there is an important issue that needs to be decided by the Courts once and for all, there is a process by which the case can be referred to the highest Court in the State to be decided so that the ruling is binding on all other cases.  For that purpose, the District Court referred this case to the Full Court of the Supreme Court to answer the question as to ‘what is the scope and extent of the Agency’s duty to people from whom they garnish wages?’  At the same time, the Full Court has been asked to determine the extent to which the Agency might be subject to the legal principles that relate to a claim for the intentional infliction of nervous shock.

While we await the outcome of this case, the facts reveal the extent to which someone involved in family law issues can potentially suffer significant injustice.  It is important to get good legal advice and representation right at the start.  Websters Lawyers offer a free, no obligation initial interview to help those involved in this process to know where they stand and what legal assistance they need.  To speak with a specialist family or criminal lawyer contact us on 8231 1363 or send through an on-line enquiry from our contact page.

 

Harradine v The Commonwealth of Australia (Child Support Agency) [2018] SADC 144

 

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post Does The Government Owe You A Duty Of Care? appeared first on Websters Lawyers Adelaide, SA.

]]>
Self Defense – When Does The Attacker Become The Victim https://websterslawyers.com.au/news/self-defense-law/ Fri, 11 Jan 2019 05:40:36 +0000 https://websterslawyers.com.au/?p=3161 Click to Call Testimonials Find an Expert Self-Defense - When Does The Attacker Become The Victim A man who was at home with his girlfriend answered the door to be confronted by a woman with whom he had a casual affair demanding to know if he had chosen his girlfriend over her.  When he told…

The post Self Defense – When Does The Attacker Become The Victim appeared first on Websters Lawyers Adelaide, SA.

]]>

Self-Defense - When Does The Attacker Become The Victim

A man who was at home with his girlfriend answered the door to be confronted by a woman with whom he had a casual affair demanding to know if he had chosen his girlfriend over her.  When he told her that he had, she kicked in the security screen door and the resulting argument ended up with him being charged with an aggravated assault.

self defense and the victim

Protecting Yourself

This case raises the question of just how far you can go to protect yourself and your property.

The man claimed that he had known the woman for 20 years and had a casual affair with her over a 12-month period which ended two years earlier due to her drug use.  The woman had previously assaulted his girlfriend in a pokies room just a few weeks prior.

He said that earlier his girlfriend had received a call from the woman saying that she would be at the house ‘in a minute’ and when there was a knock at the door he told his girlfriend to stay in the bedroom.  After being told that he had chosen his girlfriend over her, the woman demanded to be let in and he told her to ‘just go’.  He said she then started kicking the door and saying that she was going to ‘smash’ his girlfriend.  His evidence was that the door began to buckle in and the door handle snapped.  The door opened and she started towards him so he grabbed her arm and throat and pushed her back to a fence which was about 3.5 metres away.  When doing this he said he probably squeezed her neck a bit.

Discrepancies In The Claims

The woman gave a different account, claiming that the man charged at her and grabbed her throat with both hands.  She fought back and managed to get free and run to her car but said that the man tried to punch her while she was sitting in the car and lunged at her through the window and put his hands around her throat.  She claimed he took hold of a piece of broken plastic and threatened her with it.

After hearing the evidence of both witnesses the Magistrate did not accept the woman’s account of what occurred when she was in the car, saying that she was a poor witness who had come to court simply to vent her anger and frustration at being dumped.  The Magistrate concluded that there was absolutely no reason for her to be at the house other than to confront and insult the man and his girlfriend.  It was said that the woman’s evidence ‘oozed venom, vitriol and vengeance’.  On the other hand, the Magistrate accepted the man’s evidence that the woman had kicked in the security screen door and would not go away as requested.

So was the man acting in self-defence?

As far as it applies in this situation, the law (section 15 of the Criminal Law Consolidation Act) says that it is a defence to a charge if a person genuinely believes that the conduct involved was necessary and reasonable for a defensive purpose (in other words for self-defence or to defend another person) and it was reasonably proportionate to the threat that the person genuinely believed to exist.  Once a person raises the issue of self-defence, it is taken to have been established unless the prosecution disprove the defence beyond reasonable doubt.  In this case, the man claimed that he held a genuine belief that his conduct was necessary and reasonable to defend himself and the evidence did not prove otherwise.  So the question that then had to be answered was whether the action that he took was reasonably proportionate to the threat that he genuinely believed he faced.

After saying that the man had a right to protect his property and get the woman off of the property, the Magistrate decided that in defending himself, his property and his girlfriend the man went too far and was still guilty of assault.  So despite the fact that the Magistrate rejected the woman’s version of events and accepted what the man said occurred, he was still convicted of the assault.

Appeal

Not surprisingly, the man appealed to the Supreme Court of South Australia.

Upon reviewing the evidence the Supreme Court concluded that the man should not have been convicted of the assault.  The judge noted that the woman ‘was not a small woman, that she was a very strong woman, who had previously attacked both him and his then girlfriend.’  The fact that the man had said in his evidence that he ‘was not gentle at all’ and that he, ‘probably squeezed her neck a bit’ as he pushed her away from the door did not amount to a concession that he had used excessive force.  Prosecution had not proved that the force used was excessive and so the result was that he was acquitted of the charge, or in other words the conviction was set aside.

Interestingly, the reasoning of both the Magistrate and the Supreme Court was concerned with the question of whether the force used by the man in preventing the woman from forcefully entering his home and assaulting his girlfriend was excessive.  In cases of home invasion the law (section 15C of the Criminal Law Consolidation Act 1935) says that if the person defending their property genuinely believed that the other person was committing or had just committed a home invasion then their actions do not have to be objectively reasonably proportionate but it is sufficient that they considered them to be necessary and reasonable.

A home invasion occurs when a person commits a serious criminal trespass in residential premises.  That means that they enter or remain as a trespasser with the intention of committing certain specific offences which include assault.  If the woman’s conduct amounted to a home invasion this section would apply and there would be no reason to consider whether the man’s actions were objectively reasonable.

Acquitted Of Charge

Although in the end the man was acquitted of the charge this case demonstrates the issues that can arise when the question of self-defence is raised.  A person can find themselves charged with a criminal offence through no fault of their own, and it is important to get good legal advice from an experienced criminal lawyer as early as possible.  Websters Lawyers have specialist criminal lawyers in Adelaide offering a free initial consultation.  To arrange an obligation free appointment contact us on 8231 1363 or submit an enquiry on-line.
Davis v Police ([2018] SASC 196

http://www.courts.sa.gov.au/Judgments/Lists/Judgments/Attachments/4168/2018%20SASC%20196.pdf

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post Self Defense – When Does The Attacker Become The Victim appeared first on Websters Lawyers Adelaide, SA.

]]>
https://websterslawyers.com.au/news/domestic-violence-victims/ Fri, 21 Dec 2018 00:30:09 +0000 https://websterslawyers.com.au/?p=3145 Click to Call Testimonials Find an Expert Can A Domestic Violence Victim Sue? The Sydney Morning Herald recently reported on a case in which a woman who endured a terrifying four-hour ordeal when attacked by her husband while she was preparing dinner, during which she was stripped naked, bound with electrical tape and slashed with…

The post appeared first on Websters Lawyers Adelaide, SA.

]]>

Can A Domestic Violence Victim Sue?

The Sydney Morning Herald recently reported on a case in which a woman who endured a terrifying four-hour ordeal when attacked by her husband while she was preparing dinner, during which she was stripped naked, bound with electrical tape and slashed with a knife, received an award of $243,000 in damages.

 

domestic violence victims rights

Domestic Violence Survivors

It noted that the number of cases in which a domestic violence survivor has sued their violent ex-partner for damages was relatively small, referring to just two other cases in NSW.  In 2002 a woman was awarded $572,815 after her husband attacked her just months into their marriage, and in 2009 a woman who received serious injuries when assaulted by her former partner was awarded $324,549. See the SMH article here.

The low incidence of such claims for damages is surprising given that recently it was reported in the news that in the past year SA police investigated more than 10,800 crimes related to domestic violence.  Even then, it was conceded that this number did not include all family violence-related crimes because many are not reported.

What Can The Victim Do?

Where does a person stand when they’ve been the victim of domestic violence?  What action can be taken against the offender?

We previously reviewed a Family Law case in which a woman was awarded a significant portion of the property after she produced photographs to the Court showing injuries caused by her former husband.  The Court found that the abuse she suffered had affected her mental state and future employment prospects.

But an assault by a spouse is no different than any other form of assault when it comes down to the rights of the victim to claim damages.  And although a domestic violence offender is liable to face criminal charges, the right of the victim to sue is not dependant on the outcome of those charges.

Suing For Damages

Of course, there is little point suing for damages if the offender has no means to pay as that would involve legal fees with no way of recovering those costs.  In those cases it is often better to consider making  a claim under the Victims of Crime scheme under which the maximum compensation is $100,000 (for claims arising out of incidents that occurred on or after 1 July 2015).

You can read more about these claims at:

https://websterslawyers.com.au/service/victims-of-crime-claims/.

There are time limits within which to make a claim for damages and anyone who has been the subject of domestic violence can get advice about their rights and options by contacting Websters Lawyers on 8231 1363 or sending through an online enquiry here.

 

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact Us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post appeared first on Websters Lawyers Adelaide, SA.

]]>
Matrimonial Property Settlement – Is It Really Finalised? https://websterslawyers.com.au/news/matrimonial-property-settlement/ Fri, 21 Dec 2018 00:12:36 +0000 https://websterslawyers.com.au/?p=3141 Click to Call Testimonials Find an Expert Matrimonial Property Settlement - Is It Really Finalised? After a couple who separated reached an oral agreement about property settlement, the husband later lost his job and received a termination payment of more than $230,000 in addition to which his superannuation fund increased by around $480,000. When the…

The post Matrimonial Property Settlement – Is It Really Finalised? appeared first on Websters Lawyers Adelaide, SA.

]]>

Matrimonial Property Settlement - Is It Really Finalised?

After a couple who separated reached an oral agreement about property settlement, the husband later lost his job and received a termination payment of more than $230,000 in addition to which his superannuation fund increased by around $480,000.

When the wife sought to start property settlement proceedings in Court six years out of time, the question was whether she was entitled to any of these additional amounts.

 

divorce settlements

Matrimonial Property Disputes

In matrimonial property disputes there is a time limit within which to start proceedings.  There must be an Application to the Court for property settlement filed in the appropriate Court within one year of a divorce becoming absolute for married couples (ie when the Court issues a Certificate of Divorce), or for de facto couples within two years of separation.

But does that mean that if it’s been longer than this time then there’s nothing you can do -or that you can be confident your ex-partner won’t be able to take any action?

If the time limit has expired an application can be made to the Court for ‘leave to proceed’, but such an application will only be granted in certain circumstances.  The Court will consider whether the person making the application has established that on the face of things they have a reasonable case for property settlement, that denial of the claim would cause them hardship and that there is an adequate explanation for the delay.  Then if these things are proved, the Court must also look at whether the other party would suffer any prejudice if the application is granted.

Recent Case

Recently the Family Court allowed a woman to start her proceedings for property settlement six years past the time limit.  The couple were divorced on 16 January 2009 and so any property settlement proceedings had to be started by 16 January 2010, however the wife filed her application on 17 October 2016.

The parties had been married for ten years and there were three children, the youngest of whom was seventeen.  The woman had been the primary carer for the children since separation and had done so without the benefit of child support from the husband, although he paid the rates and insurance on the house in which the wife and children were living.  The net asset pool was around $1.5 million and around 32% was already owned by the woman.  She applied for between 57% and 61% of the asset pool.

Shortly after separation the parties had reached an oral property settlement agreement.  But during the time that they were separated, her ex-partner’s superannuation had increased by around $480,000.  In 2009 the husband’s employment was terminated and he received a redundancy payment of more than $230,000.

Should those extra amounts be included in the asset pool so that the wife would be entitled to some of them?

The Court Findings

The Court concluded that there was a basis for finding that the significant increase in the value of the husband’s superannuation was due to growth in the fund and that as most of the contributions to the fund occurred prior to separation the wife should be taken to have made non-financial contributions to it.  The Court held that as the husband was with the same employer throughout the relationship and until his termination, the wife had made considerable indirect contributions to his redundancy entitlements

In assessing the woman’s application to start proceedings outside of the time limit, the Court said that it had to consider whether there was a real probability that she would receive a property division somewhere between what she presently held, and the outcome that she was seeking.

At the end of the day, the Court can make whatever orders that it considers to be appropriate, provided that they are fair.

Financial Contributions

During the course of the relationship the husband had made a considerably greater financial contribution having brought in property that he already owned along with an inheritance that he received during the time that they were together.  On the other hand, the wife had made a greater non-financial contribution to that property and to the welfare of the family.

The other question that had to be considered was whether the wife would suffer hardship if her application to start proceedings out of time was refused.  The Court noted that she owed debts to her parents and a friend because she had borrowed money to pay the children’s school fees, and that her ability to rehouse herself would improve if the application was granted.

What was the wife’s reasons for not commencing proceedings sooner?

Verbal Agreement

She said that her understanding of their verbal agreement was that she was to keep the property in which she was living and her car, and that the husband would retain his superannuation and everything else including another property.  According to the husband, the wife and the children were to be permitted to live in the house until the youngest child turned sixteen, and then it was to be sold and the proceeds divided equally.  Apparently this all came to light when the husband sent the wife a text message pressing for the sale of the house.

It was this dispute as to the terms of the agreement that caused the Court to consider her explanation for the delay to be adequate.  The Court said that the point is not whether or not there was an agreement in place, or the terms of that agreement, but whether the wife reasonably believed that she had such an agreement with her husband so that it was not necessary for her to approach the Court for an order for property settlement.

She though that she was protected by the agreement, but when the husband challenged her understanding of what they had agreed, she quickly sought leave to start proceedings out of time.

While on this occasion the wife was successful in obtaining an extension of time to start proceedings this case shows the dangers of making informal agreements regarding matrimonial property settlement.  Family law property settlement can be done as quickly or as soon as you want after separation.  If you are negotiating with your former spouse and an agreement hasn’t been reached, be aware that you need to institute proceedings within the applicable time limit or you might lose your chance to pursue your case if those negotiations break down.

When you need advice about matrimonial property settlement, why not meet with a family law specialist at Websters Lawyers for a free initial consultation.  Find out where you stand, what action you can take and what the legal fees are likely to be.  Send through an online enquiry here or give us a call on 8231 1363.

Edmunds & Edmunds [2018] FamCAFC 121

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2018/121.html

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact Us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post Matrimonial Property Settlement – Is It Really Finalised? appeared first on Websters Lawyers Adelaide, SA.

]]>
OVERWEIGHT INJURED WORKER CLAIMS NEARLY $18,000 FOR GASTRIC BYPASS SURGERY COSTS https://websterslawyers.com.au/workers-compensation/overweight-worker-claims-gastric-bypass/ Thu, 06 Dec 2018 00:01:52 +0000 https://websterslawyers.com.au/?p=3115 Click to Call Testimonials Find an Expert OVERWEIGHT INJURED WORKER CLAIMS NEARLY $18,000 FOR GASTRIC BYPASS SURGERY COSTS A 45 year old worker who injured her knee at work has been successful in claiming nearly $18,000.00 as part of her workers compensation claim for the cost of gastric bypass surgery after arguing that she needed…

The post OVERWEIGHT INJURED WORKER CLAIMS NEARLY $18,000 FOR GASTRIC BYPASS SURGERY COSTS appeared first on Websters Lawyers Adelaide, SA.

]]>

OVERWEIGHT INJURED WORKER CLAIMS NEARLY $18,000 FOR GASTRIC BYPASS SURGERY COSTS

A 45 year old worker who injured her knee at work has been successful in claiming nearly $18,000.00 as part of her workers compensation claim for the cost of gastric bypass surgery after arguing that she needed to lose weight to reduce the pressure on her knees.

Young female doctor measuring waist of overweight woman with centimeter in clinic

Injured At Work

The woman, who described herself as a ‘comfort eater’, had already considered lap-band surgery before she was injured at work, but after she injured her knee at work her orthopaedic surgeon recommended weight loss to assist with the management of her injury.  She had tried other means to lose weight which had been unsuccessful.

The South Australian Employment Tribunal had to determine whether the cost of the surgery was ‘reasonably incurred in consequence of the accepted injuries to her knees’.  The workers compensation insurer argued that the surgery was not incurred in consequence of a work injury and that in any event the cost would not be a reasonable expense.

History

The woman had started to gain weight after the birth of her first child and this increased following the birth of her second child.  She described herself as a ‘comfort eater’.  In August 2008 (over two years before she was injured at work) the woman, who weighed 107kg at that time, began speaking with her doctor about the option of lap band surgery.  A year later her weight had increased to 115kg.  She then began to steadily reduce her weight using an eating programme and exercise to the point that by mid 2010 her weight had been reduced to 96.5kg, although she put on more weight before suffering the injury at work.

In March 2011 the woman was injured at work when she tripped and fell heavily onto her left knee.  The injury prevented her from continuing her walking exercise and within two months her weight was up to 110kg.  Her orthopaedic surgeon advised the woman to perform exercises to strengthen the muscles around her knee and to lose weight so as to reduce pressure on her knees.  Although by September 2011 her weight was still 110kg, by February 2013 it had increased to 116kg.  Her doctor recommended a trial of medication intended to reduce the amount of food eaten and WorkCover paid for the cost of that medication.  By August 2013 her weight had reduced to 94.8kg.

As the woman lost weight, her left knee condition improved and she was able to resume walking, however in August 2013 she suffered an aggravation of her knee injury while doing the washing at home.  When hanging out the washing her shoe stuck onto the floorboards and she twisted and jarred her knee.  This caused her to stop her walking exercise and her weight steadily increased from then on.  She also stopped taking the medication because she said it caused unbearable headaches.

By October 2014 the woman was experiencing pain in her right knee due to ‘overcompensating’ for her left knee.  It was recommended that she undergo an exercise programme at a gym along with an eating plan.  She started this but the exercises aggravated her left knee condition.

The Overweight Workers Compensation Claim

In July 2015 the woman had to undergo surgery to her left knee and as a result she was in a wheelchair for three months.  Since then her weight increased, peaking at 119kg by the time she had the gastric bypass surgery in April 2017.

The woman’s case was that this procedure was a last resort after trying other methods to lose weight.  The workers compensation insurer refused to pay for the surgery in advance.  The procedure was apparently successful because by the time her case went to trial her weight was down to 75kg.  She gave evidence that her weight loss contributed to an improvement in her overall level of functioning, so that she no longer had problems standing for long periods and her walking has improved.  She had also been able to stop taking prescription pain relief medication.

Despite her weight loss, the woman’s right knee pain resulted in the need for surgery however her recovery from that procedure was much quicker.

No doubt there are a lot of injured workers who experience weight gain as a result of being unable to remain as active as they were before being injured at work.  It is interesting that one of the specialists who gave evidence in this case said that the evidence is against non-surgical weight loss, and that, “[W]eight loss in completion of a weight loss program was only between two and three kilos, which makes it almost pointless.”  He gave evidence that between the three surgical options available, being gastric bypass, lap band surgery and stomach sleeve, gastric bypass was the best and most effective as well as the longest lasting.

In cases like this the Tribunal is required to take a ‘common sense evaluation’ of the evidence to determine any link between the original work injury and the proposed expense.  The Tribunal found that that diet and exercise programmes would not solve the woman’s weight problem and the gastric bypass surgery was the most reasonable weight loss option for her taking into account the amount of weight she needed to lose to reduce pressure on her knees.

The Tribunal Findings

In concluding that it was reasonable for the woman to have undergone the gastric bypass surgery, one important thing that the Tribunal noted was that an injured worker is not obliged to choose the cheapest treatment available, or the most conventional, but must be allowed reasonable freedom of choice.  If a worker acts on apparently reputable medical advice they will be taken to have acted reasonably even if the advice turns out to be wrong.

Many people who have been injured at work are unaware of their rights regarding treatment options, or of what other costs they might be entitled to claim as a result of their work injury.  If you have been injured at work why not arrange a free initial consultation with a workers compensation lawyer at Websters Lawyers to find out what options are available to you?  Call us on 8231 1363 or submit an enquiry on line at our Contact Us page.

Schmidt v Department of Premier and Cabinet [2018] SAET 182

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post OVERWEIGHT INJURED WORKER CLAIMS NEARLY $18,000 FOR GASTRIC BYPASS SURGERY COSTS appeared first on Websters Lawyers Adelaide, SA.

]]>
POLICE SLOW DOWN ON SPEEDING FINES https://websterslawyers.com.au/traffic-matters/police-slow-down-on-speeding-fines/ Fri, 30 Nov 2018 03:57:27 +0000 https://websterslawyers.com.au/?p=3121 Click to Call Testimonials Find an Expert POLICE SLOW DOWN ON SPEEDING FINES South Australia Police have announced that they have temporarily withdrawn hand-held speed detection analysers (Lidars) from use. With this withdrawal comes the decision to also withdraw 125 prosecutions for speeding offences involving Lidars currently before the courts. What’s going on? What’s happened?…

The post POLICE SLOW DOWN ON SPEEDING FINES appeared first on Websters Lawyers Adelaide, SA.

]]>

POLICE SLOW DOWN ON SPEEDING FINES

South Australia Police have announced that they have temporarily withdrawn hand-held speed detection analysers (Lidars) from use. With this withdrawal comes the decision to also withdraw 125 prosecutions for speeding offences involving Lidars currently before the courts. What’s going on?

One man, traffic warden standing on the street, speed test with police radar.

What’s happened?

(For more information read our article Police Have Problems Proving Speeding Fines (https://websterslawyers.com.au/traffic-matters/police-have-problems-proving-speeding-fines/))

This effectively all began in 2016 when Justice Stanley sitting in the South Australian Supreme Court handed down his decision in Police v Butcher. In that case, Mr Butcher had been charged with two speeding offences having been detected doing 102km/hour in a 50km/hour zone. SAPOL used a hand-held speed gun (a Lidar) to detect the speeding driver.

At the trial before a Magistrate, SAPOL sought to rely on a Certificate of Accuracy to prove that the Lidar was accurate within the approved range. In accordance with the Australian Standards, the Lidars must be calibrated every 12 months to be accurate within a margin of error of +2/-3 kilometres per hour. In accordance with section 175(3)(ba) of the Road Traffic Act  a Certificate of Accuracy is proof, absent any evidence to the contrary, that the Lidar was accurate within the approved range on the day on which it was tested, and in the case of the Lidar, the day after as well. A Certificate of Accuracy is provided by a senior Police officer after being presented with the results of the five step test that must be carried out by officers at the beginning and end of each shift. The legislation creates a presumption that when a Certificate of Accuracy is issued, the Lidar, or other speed detection device, is accurate within the approved range of error unless the defendant can prove otherwise.

The problem arises here. The five step test performed by officers twice daily does not in fact test to ensure that the Lidar is accurate within the range of error. The yearly calibration tests for this. Therefore because the calibration does not form part of the twice daily testing but instead happens yearly, the Certificate of Accuracy cannot prove that the Lidar is accurate within the approved range of error because the test that would establish this did not occur on that day or the following day as required by the Act.

A Magistrate at first instance acquitted Mr Butcher on the basis that without a valid Certificate of Accuracy the charges were not proven beyond reasonable doubt. On appeal, Justice Stanley upheld that decision on the basis that the testing to prove that the Lidar was within the range of error did not occur on the day indicated in the Certificate of Accuracy, and therefore the Certificate was unable to prove that the Lidar was in fact accurate. The Police failed to establish the accuracy of the Lidar in any other way.

This approach was then adopted by Justice Peek in three separate cases earlier this year. In all three cases, the respective drivers had been found guilty of speeding offences by a Magistrate and had subsequently appealed. Justice Peek clarified that the drivers did not need to prove that the Lidar was in fact inaccurate, but had to show that the issuing of the Certificate of Accuracy in accordance with the legislation could not show that the Lidar was accurate within the approved range of error. His Honour went on to find that the five step test failed to satisfy the necessary testing to show that the Lidars were accurate within the range of error on the day in question, and that the evidence was otherwise incapable of proving the charges. The drivers in all three other cases had their charges dismissed.

What does this mean?

The consequences of these decisions is that the Police are presently unable to satisfy their evidentiary burden, ie to show that the defendant was in fact travelling at the speed alleged in contravention of the law, using the Certificate of Accuracy in the way it is currently issued.

SAPOL has withdrawn the Lidar devices whilst it considers how best to deal with the current gap in the requirements of section 175(3)(ba) of the Act, and the actual testing process that occurs on a daily basis. Police say that other speed detecting devices are unaffected and still very much in operation, nevertheless as these cases demonstrate, if you have been fined for speeding and you don’t believe that you were it is important to get legal advice.

If you have received a speeding fine by a Police officer you should contact one of our specialised criminal lawyers here at Websters Lawyers for advice on what you can do.  You can arrange a free first consultation by calling us on 8231 1363 or you can send an enquiry on line here.

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post POLICE SLOW DOWN ON SPEEDING FINES appeared first on Websters Lawyers Adelaide, SA.

]]>
GUILTY PLEA DOESN’T MEAN IT’S IN THE BAG – WHAT IS A DISPUTED FACTS HEARING https://websterslawyers.com.au/criminal-law/guilty-plea-doesnt-mean-its-in-the-bag-what-is-a-disputed-facts-hearing/ Thu, 29 Nov 2018 02:58:56 +0000 https://websterslawyers.com.au/?p=3105 Click to Call Testimonials Find an Expert GUILTY PLEA DOESN’T MEAN IT’S IN THE BAG – WHAT IS A DISPUTED FACTS HEARING Recently, a woman who was charged with stealing an 88 year old man’s briefcase that contained over $30,000 admitted to theft of the case, but said that there was only $1,500 inside.  What…

The post GUILTY PLEA DOESN’T MEAN IT’S IN THE BAG – WHAT IS A DISPUTED FACTS HEARING appeared first on Websters Lawyers Adelaide, SA.

]]>

GUILTY PLEA DOESN’T MEAN IT’S IN THE BAG – WHAT IS A DISPUTED FACTS HEARING

Recently, a woman who was charged with stealing an 88 year old man’s briefcase that contained over $30,000 admitted to theft of the case, but said that there was only $1,500 inside.  What does the Court do when a person pleads guilty to a charge but says that the facts are very different from what the police claim?  Obviously it can make a big difference to the penalty depending on which facts are applied.

Open briefcase full of money vector illustration isolated on white. Suitcase staffed by dollar banknotes, leather case with cash

It isn’t unusual for a situation like this to arise.  A person might want to plead guilty to a charge of assault knowing that they only pushed the victim over, but the allegation could be that they then repeatedly kicked the victim which they deny.  Clearly the question of whether that actually happened would be very relevant in working out the most appropriate penalty.

In these cases, the Court can conduct a ‘disputed facts hearing’ to find out which set of facts is correct.  On this occasion, the Court had to determine the question of how much cash was in the briefcase.

The elderly man lived alone and almost two years earlier he withdrew his savings of just over $40,000 from his bank.  It was said that he had told his son-in-law some months before the theft that he had $70,000 in the briefcase although he had later spent $12,000 on a car.  The briefcase was hidden in his lounge room.  The woman who stole the bag went to his house with her friend who knew the man and after they left the man noticed that the briefcase had been taken.  The police were called and the woman was eventually interviewed by police and admitted stealing the bag, but claimed that she only took $1,500 out of it.

A disputed facts hearing was held to try to work out which set of facts was correct.

An important aspect to this process is what is called the ‘standard of proof’.  If the Court is going to take into account anything that is against the interests of the person charged then that has to be proved ‘beyond reasonable doubt’.  On the other hand, any fact that is in favour of the accused person only needs to be proved ‘on the balance of probabilities’.

What complicated things was that the only person who could really say how much money was in the suitcase – the man who put it there – did not want to give evidence.  That might not be a surprise given that he was now 90 years old.   But it meant that the prosecution had to try to prove how much money was in the suitcase some other way.

While there were bank records that the man had taken out the $40,000 from his bank, he was the only person who could say what he did with it.  On one earlier occasion his son-in-law had seen the man open the briefcase and noted that there were envelopes inside which contained a lot of cash.  They were about two inches thick and contained $50 and $100 notes, but this was about four or five months before the theft.

It didn’t help the woman’s case that when she was first spoken to by the police she denied taking the briefcase altogether.  In a second interview she admitted stealing the bag saying that her life was in danger and she had been threatened by others who wanted her house and money and so she grabbed the suitcase.  She said that when she got home she busted open the suitcase.  There were other people in the room and she went to the toilet.  She had only grabbed one envelope containing money and said that it was possible there was more money in the bag which the others might have taken.

Another problem for the woman was that while she claimed she only took $1,500 out of the case, there was evidence that she had telephoned someone shortly after the theft and offered to buy a car for $2,500.

At the end of the day the Judge didn’t accept the woman’s account that she only stole $1,500 and said that it was probable that there was significantly more money in the briefcase.  But he also couldn’t conclude that there was as much as the prosecution claimed, whether that was $30,000 or more.  The woman had to be sentenced on the basis that she stole at least $1,500 although as the Judge noted, it remains a very serious crime to steal even that sum from an 88 year old victim.

As this case shows, just because a person admits a charge and wants to plead guilty doesn’t mean that there won’t be a need for a Court hearing where evidence will be called.  It is important to find out the actual basis for a criminal charge as soon as possible.  An experienced criminal lawyer at Websters Lawyers can assist you to get that information and make an informed decision about how to proceed with the case.  To speak with an expert criminal lawyer call us on 8231 1363 or submit an enquiry online.

R v Stevens [2018] SADC 107

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post GUILTY PLEA DOESN’T MEAN IT’S IN THE BAG – WHAT IS A DISPUTED FACTS HEARING appeared first on Websters Lawyers Adelaide, SA.

]]>
PARALOWIE MAN AWARDED OVER $130,000 FOR ASSAULT BY POLICE https://websterslawyers.com.au/news/paralowie-man-awarded-over-130000-for-assault-by-police/ Mon, 12 Nov 2018 01:26:42 +0000 https://websterslawyers.com.au/?p=3098 Click to Call Testimonials Find an Expert PARALOWIE MAN AWARDED OVER $130,000 FOR ASSAULT BY POLICE Recently in the District Court an order was made that the State of South Australia pay compensation to an individual on behalf of numerous members of the South Australian Police Force for assault, battery and false imprisonment. The man…

The post PARALOWIE MAN AWARDED OVER $130,000 FOR ASSAULT BY POLICE appeared first on Websters Lawyers Adelaide, SA.

]]>

PARALOWIE MAN AWARDED OVER $130,000 FOR ASSAULT BY POLICE

Recently in the District Court an order was made that the State of South Australia pay compensation to an individual on behalf of numerous members of the South Australian Police Force for assault, battery and false imprisonment.

Pointing to the criminal

The man claimed that on the evening of 8 January 2009, he was at home in Paralowie with his daughter, half-brother and a friend when Police STAR Force attended the property for reasons unrelated to him.  After Police arrested the man’s half-brother (who had run out the back door) they then called on him to exit the house, threatening to throw a ‘stun’ grenade into the house and drag him out if he did not comply.

Following their instructions, he exited the house backwards with his hands on his head which is when a Police officer forced him to the ground by sweeping his legs out from under him.

The man claimed that while he was face down on the path a police officer stomped on the back of his legs multiple times, that he was kicked in the head, a gun was held to his head and he was subsequently kicked in the ribs.  The Court concluded that one police officer stood on the man’s knees and then forcefully stepped on the back of his legs more than once as he was being restrained.  The Court accepted that his face may also have been pushed into the concrete by a boot or hand causing a facial injury.  As to whether a gun was held to his head, the Court concluded that the police officer holding the rifle might have turned toward the man while the struggle was going on which could have resulted in pointing his rifle in the general direction of the man who could have believed that it was being intentionally pointed at him.

The whole ordeal was witnessed by the man’s 13 year old daughter. The assault was un-provoked and without justification as at no stage was the man ever suspected of committing a crime or under arrest.

The man didn’t suffer significant physical injuries although he sustained bruising and abrasions as well as a mild to moderate psychiatric illness as a result of having been assaulted by police.

Interestingly, while the man’s family filed a complaint with the Police Complaints Authority, that complaint was investigated and the conclusion was that there was insufficient evidence to substantiate any claim against the Police Officers despite his injuries and no criminal charges being filed against him.  The matter then proceeded to Trial in the District Court of South Australia.

The Court found that the Police Officers used excessive and unjustifiable force and the State of South Australia was ordered to pay damages in the sum of over $130,000.  This included an amount for what is classed as ‘exemplary damages’ which the Court can award to punish the defendant (in this case the police).  The Court found that the assault, battery and wrongful detention of the man by police was high handed and showed a contemptuous disregard for his rights.

This case shows that individuals are entitled to bring action against Police Officers even in circumstances where the Police Complaints Authority has concluded that there is insufficient evidence.

It is a sad fact that while most police conduct themselves professionally and within the boundaries of the law, we continue to see incidents where officers have exceeded their authority and engaged in unlawful conduct.  Anyone who has been the subject of such behaviour by police, whether assault by police, unlawful search or misconduct by any other government agency should speak to a lawyer.  Websters Lawyers have experienced solicitors who have acted for numerous actions against the State.  For a free, no obligation consultation contact us on 8231 1363.

Holder v State of South Australia [2018] SADC 83.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SADC/2018/83.html?context=1;query=holder%20;mask_path=au/cases/sa/SADC#fn189

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post PARALOWIE MAN AWARDED OVER $130,000 FOR ASSAULT BY POLICE appeared first on Websters Lawyers Adelaide, SA.

]]>
Intestate Estates: What if I Die Without a Will? https://websterslawyers.com.au/estates-inheritance-claims/intestate-estates-what-if-i-die-without-a-will/ Wed, 25 Jul 2018 05:14:53 +0000 https://websterslawyers.com.au/?p=3058 Click to Call Testimonials Find an Expert Intestate Estates: What if I Die Without a Will? Sometimes estates can be complicated enough.  For example, what happens if you don’t know whether one of the beneficiaries is still alive?  But then when there isn’t any Will at all, who has to sort it all out?  These…

The post Intestate Estates: What if I Die Without a Will? appeared first on Websters Lawyers Adelaide, SA.

]]>

Intestate Estates: What if I Die Without a Will?

Sometimes estates can be complicated enough.  For example, what happens if you don’t know whether one of the beneficiaries is still alive?  But then when there isn’t any Will at all, who has to sort it all out?  These issues were recently raised in a case before the Supreme Court.

Ms Hildegard Frieda Bibic died in 2011 and left no Will.  She was 84 years of age when she died.  She wasn’t survived by any spouse, de facto partner, children, grandchildren, parents, siblings, or grandparents.  She had been born in Germany and moved to Australia in 1950.  Her estate was worth over $444,000. Many people would ask what would happen with Ms Bibic’s estate?  Who gets an inheritance?  Who deals with her estate now that she has died?

This is a vector illustration.

A legal Will appoints one or more people as Executor, to carry out the directions in the Will and give the estate to the nominated beneficiaries.  A beneficiary is a person who is to receive something from the deceased’s estate pursuant to the Will.  When someone dies without a will this is called being ‘intestate’ - that is the deceased had not made a Will prior to their death.  Ms Bibic had left no will and therefore had died intestate.

In an intestate estate, there is law that sets out how the estate is to be distributed, or in other words who are the beneficiaries.

With intestate estates an Administrator is appointed by the Court instead of an executor.  The person who can apply to be the Administrator is also a person dictated by law and they will be charged with locating and giving the estate to the legal beneficiaries.  An Administrator is usually appointed pursuant to a grant of Letters of Administration and they must have a certain prescribed familial relationship to the deceased before they can apply for Letters of Administration. A Grant of Probate is only for when there is a Will with an Executor appointed.

In South Australia the deceased’s estate vests in the Public Trustee until an Administrator is appointed pursuant to a grant of Letters of Administration.  The Administrator takes on a similar role to an executor except that they give the deceased’s estate to persons entitled under the laws of intestacy.

The class of beneficiaries in South Australian intestate estates are limited to family such as spouses, de facto partners, children and grandchildren.  However when the deceased had no such family the class of beneficiaries become broader and extends to siblings, nieces, nephews, aunts, uncles and even distant familial relations, depending on who were alive when the deceased died.

With Ms Bibic’s estate the Public Trustee of South Australia was appointed as the Administrator of the deceased’s estate.  The Public Trustee was then tasked as the Administrator call in the deceased’s estate and to locate the beneficiaries of the deceased estate – being the deceased’s extended family.  After conducting investigations the Public Trustee found the names of various uncles, aunts, nieces and nephews all which were located in Germany.

To complicate things further, it was not clear to the Public Trustee whether one of the uncles Mr Paul Sauer had died before or after the deceased as he could not be located, the other beneficiaries reported that Uncle Paul had not contacted his family for the last 30 years, and his date of birth was unknown. The deceased’s relevant aunts and uncles were born between 1904 and 1916 in pre-war Germany.

It was relevant if the uncle had died before or after the deceased because it would affect the proportion each aunt’s, uncle’s, niece’s and nephew’s inheritance from the deceased’s estate. The Public Trustee required to bring the possibility of the uncle’s death before the Supreme Court and seek directions on how to address this issue.

This surely would have been quite a time consuming task for the Public Trustee to identify and locate these aunts, uncles, nieces and nephews and to bring the matter to the Court’s attention. This was a task which they are entitled to be paid from the deceased estate, thereby reducing the value of the deceased estate and ultimately the inheritance to the beneficiaries.

Had the deceased left a Will the deceased could have directed the names and addresses of her chosen beneficiaries and also appointed an executor whom she trusted.

Not all family structures are the same. Some people have difficult relationships with their children, may be separated from their legal spouse but not yet divorced, brothers or sisters, parents, or extended family such as aunts, uncles, cousins or grand parents.  Sometimes these relationships are constantly changing or evolving.  Any estrangement between the deceased and any member of their family is not relevant for intestate estates and there is no choice on the Administrator and legal beneficiaries because they are persons dictated by law.  The fact that a person is related to the deceased is enough.

Making a Will gives you control by directing who is to receive your estate when you die and who is to be the executor to carry out your directions in your Will.  Making a Will also avoids as much as possible the laws of intestacy applying to your estate.  Furthermore making a Will can be more cheaper or cost effective for your estate and avoid the need and cost for your Administrator to identify and locate your immediate and extended family members following your death if you die intestate.  It would also avoid any uncertainty regarding your last wishes and relationship to your family.

Websters Lawyers have specialist wills and estates lawyers who can assist you to ensure that you have a valid and current will and in many cases can offer a fixed fee for making a will.  Contact us on 8231 1363 or send through your details and one of our lawyers can call you today.

In the Estate of Hildegard Frieda Bibic (Deceased) [2018] SASC 64

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post Intestate Estates: What if I Die Without a Will? appeared first on Websters Lawyers Adelaide, SA.

]]>
POLICE HAVE PROBLEMS PROVING SPEEDING FINES https://websterslawyers.com.au/traffic-matters/police-have-problems-proving-speeding-fines/ Fri, 20 Jul 2018 07:01:34 +0000 https://websterslawyers.com.au/?p=3054 Click to Call Testimonials Find an Expert POLICE HAVE PROBLEMS PROVING SPEEDING FINES The Supreme Court has this month overturned convictions imposed against three different drivers charged with speeding because the evidence didn’t prove that the speed gun used by police was accurate. This is despite the fact that in 2016, a landmark decision in…

The post POLICE HAVE PROBLEMS PROVING SPEEDING FINES appeared first on Websters Lawyers Adelaide, SA.

]]>

POLICE HAVE PROBLEMS PROVING SPEEDING FINES

The Supreme Court has this month overturned convictions imposed against three different drivers charged with speeding because the evidence didn’t prove that the speed gun used by police was accurate.

This is despite the fact that in 2016, a landmark decision in which Websters Lawyers was involved, a driver charged with speeding was acquitted by the Supreme Court for the very same reasons.  Our success in that matter concerned the technical aspects of the speed gun testing prior to use by Police.  That court ruling has now been applied again resulting in another three acquittals for three separate speeding offences.

A British Police officer operating a hand held speed gun

In each case Police used a hand held speed gun (LIDAR) to detect vehicles travelling in excess of the speed limit.

The LIDAR device needs to be calibrated once every 12 months. The calibration, according to Australian Standards, confirms that the LIDARs are accurate within a margin of error range of “+2/-3 kilometres per hour”.

In addition to annual testing police must test the LIDAR, with a “five step test” before and after each shift.  Once tested by the police officer the results are put before a senior officer who then signs a Certificate of Accuracy to confirm that at the time of the offence the LIDAR device was accurate within the approved range.

In each of the cases before the Supreme Court police were relying upon the certificate to provide the accuracy of the LIDAR device.

What does it all mean?

The Court has ruled that the daily five step test conducted by police can be successfully challenged by evidence from the same senior police officer who signs the certificate of accuracy. Calling evidence from the senior police officer as to the five step testing, and results of the same, has resulted in prosecution being unable to rely on the Certificate of Accuracy and thus unable to prove the speeding charge beyond a reasonable doubt.

Road laws also require that police test the LIDARs before and after each shift.  The testing done by police is different from the annual calibration.  If the LIDAR has been calibrated annually and then tested by a police officer, a senior officer can sign a Certificate of Accuracy to confirm that at the time of the offence it was accurate within the approved range.

In this case, a senior officer signed a Certificate of Accuracy and prosecution used the certificate at trial as proof that the LIDAR was accurate.  It was then up to the defendant to prove that the certificate should not be relied upon.

These decisions raise questions about whether or not police are able to prove the accuracy of the device in Court.

If you have been charged with a speeding offence or have received an expiation notice for a speeding fine, you may wish to challenge the charges or the fine.  This is a very complex area of law and will require technical and specialist legal advice on how these cases, and any changes or developments in the testing procedure and presentation of the case in Court, may affect your situation.  You can contact a specialist traffic lawyer at Websters Lawyers on 8231 1363 or send through your details and we can arrange a free initial consultation.

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

I fully recommend Websters Lawyers. This was the 3rd time myself & my family have used Websters Lawyers. In these stressful times we have found them to answer and guide us through the process needed to accomplish the legal requirements in a timely and courteous manner.

Dianne, Lynton

Solid, to the point, no hustle. Highly recommend.

George, Windsor Gardens

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

© Copyright WebstersLawyers.com 2017 All Rights Reserved
Website By A to Z Marketing

The post POLICE HAVE PROBLEMS PROVING SPEEDING FINES appeared first on Websters Lawyers Adelaide, SA.

]]>