Websters Lawyers Adelaide, SA https://websterslawyers.com.au Website by Elemento! Thu, 12 Sep 2019 05:31:02 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.3 Man Sues Police After Losing His Job https://websterslawyers.com.au/news/police-sued-after-man-loses-job/ Sun, 25 Aug 2019 00:38:27 +0000 https://websterslawyers.com.au/?p=3533 Click to Call Testimonials Find an Expert Man Sues Police After Losing His Job A 62 year old man is suing the South Australian Police Commissioner for lost earnings and ‘psychological injury’ after he was fired from his job when the employer received the results of a ‘police check’ that incorrectly said the man had…

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Man Sues Police After Losing His Job

A 62 year old man is suing the South Australian Police Commissioner for lost earnings and ‘psychological injury’ after he was fired from his job when the employer received the results of a ‘police check’ that incorrectly said the man had been convicted of sexual intercourse with a person under 12.

man sues police

Employment Terminated

In 2011 the man obtained a job with a mining company and was required to provide a National Police Certificate.  He requested the certification from SAPOL and authorised for it to be sent directly to the employer.  When it was received, it contained reference to a conviction in 1978 for ‘engaging in unlawful sexual intercourse with a person under 12’.  The man had never been convicted of that offence but his employment was terminated on the ground that he had failed to declare all disclosable offences on his pre-employment statutory declaration.

Although the National Police Certificate was issued by the Australian Federal Police, the source of the incorrect information was a mistaken entry in SAPOL’s system.  The man asserts that the SAPOL Commissioner negligently breach a duty of care by failing to make adequate checks with the records held by both SAPOL and the Courts.

He has claimed damages for personal injury after having been diagnosed with ‘anxiety/depression’ along with loss of income and reduced earning capacity due to the termination of his employment.

The SAPOL Commissioner was initially successful in having the man’s claim struck out on the basis that there could be no duty of care owed to the man by police in these circumstances.  The man then appealed that decision to the Supreme Court.

Supreme Court

The Supreme Court had to consider the circumstances under which police might have a duty of care.  For example, when they are searching for a serial killer there is no duty to anyone who might become a victim of that person, otherwise the police would be forced to compromise their investigation or too quickly arrest the wrong person.  On the other hand, there is no question that a police officer, like any person, may be liable to someone who is injured as a direct result of the officer’s acts or omissions (such as with an assault, unlawful arrest or wrongful imprisonment).

Job Loss

In this case, the fact that the police have voluntarily undertaken to provide police certificates for a fee without any legal requirement for them to do so might be argued to amount to an assumption of responsibility on the part of the SAPOL Commissioner.  The Court made the point that anyone applying for a police clearance has a limited ability to protect themselves from a negligent misstatement in the certificate and there is a real risk of losing their employment as a result.  The harm a person would suffer in losing their job, or the chance to get a job, is as obvious and probable as it is significant.  These circumstances strongly support the imposition of a duty of care.

The Supreme Court granted the man’s appeal against the dismissal of his case and granted him permission to continue with the claim.

Of course, even if the police are liable in negligence for the error in the clearance certificate that isn’t the end of the case.  Although the man was never convicted of the offence that appeared on the certificate, he did have an historical sexual offence from the 1970s when he was convicted for intercourse with a person under 17 when he was 21 years told.  He had received only a fine of $80 and the Judge who had sentenced him remarked that the victim of the offence willingly consented to intercourse.  Whether that is relevant to the question of what was and should have been disclosed on the man’s pre-employment statutory declaration is no doubt something that will be considered when the case is next heard.

This case is a further consideration of those circumstances in which a government department might be liable for damages in negligence for failing to take reasonable care.  Anyone who has experienced injury or loss as a result of a mistake made by a government department can speak to a lawyer in a free consultation at Websters Lawyers.  Simply call 8231 1363 or send through a request for contact here.

Jennings v Police [2019] SASCFC 93

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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 Man Sues Police After Losing His Job appeared first on Websters Lawyers Adelaide, SA.

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What’s Mine Is Yours – Transferring a Tax Debt in a Divorce https://websterslawyers.com.au/family-law/whats-mine-is-yours-transferring-a-tax-debt-in-a-divorce/ Wed, 14 Aug 2019 01:50:54 +0000 https://websterslawyers.com.au/?p=3502 Click to Call Testimonials Find an Expert What’s Mine Is Yours – Transferring a Tax Debt in a Divorce When a couple separate, what happens if one of them has a tax debt? This can be a real issue especially if a Family Trust or other financial arrangement is used to distribute income earned by…

The post What’s Mine Is Yours – Transferring a Tax Debt in a Divorce appeared first on Websters Lawyers Adelaide, SA.

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What’s Mine Is Yours – Transferring a Tax Debt in a Divorce

When a couple separate, what happens if one of them has a tax debt? This can be a real issue especially if a Family Trust or other financial arrangement is used to distribute income earned by one party to the relationship to the other. As a general rule of thumb, debts incurred by parties to a domestic relationship are considered to be debts of the relationship and are paid out of the joint asset pool in a property settlement.

Tax_Debt_Divorce

That being said, you can never remain too complacent and assume that the Court will not change its practice based on what it considers equitable (or fair) in any given case. In the 2018 case of Snipper & James and Anor, a taxation debt was deemed a completely separate matter from the joint asset pool. Though the wife was awarded 71% of the relationship’s assets, she was then required to make payment of 10% of her husband’s taxation evasion debt (equalling approximately $600,000.00) as it was found that a significant portion of the debt had been incurred during the course of the relationship and the wife had benefited from the earnings pertaining to that debt.

The Court also has the power to simply substitute one party of the relationship for another in relation to tax debts, and require that the substituted party be liable for the debt.

This was made clear in case of Commonwealth of Australia v Tomaras & Ors, where an order was made that a husband in a property settlement could be substituted for his wife in relation to a tax debt of over $250,000.00.

In short, the parties to the relationship had been married for 17 years, during which time the wife had been issued with various tax assessments from the Commissioner of Taxation for income tax and the Medicare Levy. The wife failed to pay the tax and raised no objection to the assessments. The parties separated in 2009 and the Commissioner obtained a default judgement against the wife in respect of her unpaid tax. The wife continued to default in her tax payments, and in November 2013, the husband became bankrupt. One month later the wife commenced proceedings and sought Orders that the husband:

  1. Be substituted as the party responsible for any income tax assessed for the 2009 financial year; and

  2. Undertake all actions necessary to release and indemnify the wife against any liability present or contingent including tax and bank liabilities, in respect of the husband or a related party of the husband.

The Full Court of the Family Court decided that it had the ability to substitute the husband for the wife in relation to the tax debt, though such an order should only be made where it is “just and equitable to do so”. In determining whether it would be appropriate to substitute the husband for the wife in relation to the debt the Court considered:

  1. That if the more wealthy spouse became liable for the debt it may increase the prospects of recovery; and

  2. That if both spouses became liable it would again increase the prospects of the Commissioner’s recovery.

The Commission made an appeal to the High Court against this judgement which was ultimately dismissed.

So Who Gets The Tax Debt?

The fallout of Tomaras is that parties to a relationship should be aware that the Court has the ability to shift tax obligations to the financially stronger party (even after the property settlement has occurred) if the debt is incurred during the relationship. Tax liabilities arising out of arrangements such as discretionary trust distributions may be also be affected, provided again that they were incurred during the relationship.

If you have any concerns or questions regarding the taxation liabilities in your current or future separation, Websters Lawyers urge you to seek advice from an experienced family law solicitor. You can contact us on 8231 1363 or submit an inquiry on our website here.

Snipper & James and Anor [2018] FamCA 7
Commonwealth of Australia v Tomaras & Ors [2018] HCA 62

FREE FIRST INTERVIEW

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LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

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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 What’s Mine Is Yours – Transferring a Tax Debt in a Divorce appeared first on Websters Lawyers Adelaide, SA.

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Scooter Injury At Home Leads To Workcover Claim https://websterslawyers.com.au/news/man-injured-in-scooter-accident-at-home-claims-workcover/ Wed, 31 Jul 2019 00:47:13 +0000 https://websterslawyers.com.au/?p=3539 Click to Call Testimonials Find an Expert Scooter Injury At Home Leads To Workcover Claim A 41 year old man who broke his elbow when he fell off a scooter while playing at home with his son has been awarded workers compensation for the injury.  This recent case in the SA Employment Tribunal looks at…

The post Scooter Injury At Home Leads To Workcover Claim appeared first on Websters Lawyers Adelaide, SA.

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Scooter Injury At Home Leads To Workcover Claim

A 41 year old man who broke his elbow when he fell off a scooter while playing at home with his son has been awarded workers compensation for the injury.  This recent case in the SA Employment Tribunal looks at the question of how and when an injury that doesn’t happen at work can still be regarded as a work injury.

elbow pain

It’s probably no surprise that according to the Return to Work Act, to be entitled to workers compensation for an injury it must ‘arise from employment.’  So how could this injury at home meet that test?  Can an injury at home still be a work injury?

The Original Workers Compensation Claim

The man was originally injured at work in 2009 while lifting a heavy air pump when he felt a twinge and sharp pain in his lower back.  He had some time off of work but returned to unrestricted duties.  Later he aggravated his back injury at work and made a further claim for compensation which was accepted.  After then he continued on light duties until he was made redundant in 2011.  Following this he obtained work as a part-time computer technician, initially working 15 hours a week but increasing that to 20 hours per week.

Ever since the original injury in 2009 the man had experienced muscle spasms in his lower back.  These would range from minor spasms to severe ones that would immobilise him for hours or days.  On the advice of a neurosurgeon he underwent a lumbar spine fusion in mid-2016 after which he was off of work for three months.  This was successful in preventing the severe spasms but he continued to have minor back spasms two or three times a week following the surgery.

The fracture to his elbow occurred in January 2017 when he was at home playing in the backyard with his son.  They were both riding scooters on an area of concrete when he experienced a minor low back spasm which caused him to lose balance and fall off of the scooter onto the concrete.  He landed on his outstretched right arm and sustained a fractured radial head.

The workers compensation insurer rejected the man’s claim on the basis that it was not a work injury.  They argued that the man was injured while involved in a purely recreational activity which had nothing to do with his employment.

When Can Workers Compensation Be Claimed?

To be compensated for a physical injury under the workers compensation scheme the injury must ‘arise from employment’.  The Return to Work Act says that an injury arises out of employment if it ‘arises out of or in the course of employment and the employment was a significant contributing cause of the injury.’

It was necessary then for the man to provide that his right elbow injury arose out of or in the course of his employment, and that his employment was a significant contributing cause of the elbow injury.

In a situation where there has been an aggravation, acceleration, exacerbation, deterioration or recurrence of a prior physical injury, then employment must be a significant contributing cause of that occurring.

Even though the elbow injury did not occur in the course of the man’s employment, the injury still arose out of that employment as there was a strong causal connection between the employment and the injury.  As a consequence of the 2009 work injury to his lower back the man experienced lower back spasms.  A lower back muscle spasm happened while he was riding the scooter and caused him to lose balance and fall.  For the same reasons it was also held that the employment was a significant contributing cause of the right elbow fracture.

The man was therefore entitled to compensation for lost earnings along with medical expenses and potentially a lump sum payment for permanent disability if his injury resulted in a whole person impairment of 5% or more.

This case shows how a injury that happens at work can have lasting effects and why it is important to always consider whether there is a connection between that earlier injury and any subsequent event.  Anyone who suffers an aggravation or deterioration of a prior work injury should obtain advice from an expert workers compensation lawyer, especially if as in this case there is a further injury as a result.  Websters Lawyers offer a free initial interviewwith a specialist in workers compensation law.  To arrange to discuss your case call 8231 1363 or send through a request for a call on our contact page.

Calvert v Return to Work Corporation of South Australia [2019] SAET 144

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

call now

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 Scooter Injury At Home Leads To Workcover Claim appeared first on Websters Lawyers Adelaide, SA.

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Can I Record My Ex? https://websterslawyers.com.au/news/secret-recording-audio-in-family-law-case/ Tue, 30 Jul 2019 00:58:59 +0000 https://websterslawyers.com.au/?p=3546 Click to Call Testimonials Find an Expert Can I Record My Ex? Secret audio recordings made by a mother of the father interacting with his children and video footage of him speaking with her during handover have come under consideration in recent Family Law proceedings.  The behaviour of the father during the video recordings was…

The post Can I Record My Ex? appeared first on Websters Lawyers Adelaide, SA.

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Can I Record My Ex?

Secret audio recordings made by a mother of the father interacting with his children and video footage of him speaking with her during handover have come under consideration in recent Family Law proceedings.  The behaviour of the father during the video recordings was consistent with ‘family violence’, and his conversations with the children were relevant to the mother’s claim that he was trying to alienate the children and engage them in adult disputes.  But could the recordings be used?  Can you record another person without their knowledge to get evidence about their behaviour for use in later Court proceedings?

can I record family members

On two occasions when the children were to be handed over at the mother’s house, before opening the door she placed a video recorder in the hallway to record what went on between her and the father.  On a later occasion the mother made audio recordings of private conversations between the father and children.  No explanation was given as to how she managed to make the recordings or why she did so.  According to the Court, these were undoubtedly private conversations.

The Commonwealth Evidence Act which applies to these kinds of cases doesn’t restrict just the use of evidence that has been unlawfully obtained, but also evidence that has been obtained improperly.  In either case, that evidence can’t be used unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence obtained in the manner in which it was obtained.  Just what is meant by ‘improperly’ is not defined however the Court was of the view that it will take it’s meaning from the context.  For example, the standards expected of police who are obtaining evidence of a crime are different from those of a member of the public.

The factors that were relevant to assessing the conduct of the mother included the fact that she had made allegations of physical violence and coercive and controlling behaving by the father, that one of the children left her care to live with the father and had no contact with her for some time, that the father was unaware of the recordings, and that she was not a party to the conversations recorded with the children which were clearly intended to be private.

What is the Law about recording a conversation?

The recordings were made in 2015 and the law that applied at the time has now changed although the principles remain much the same.

Briefly in summary, the Surveillance Devices Act now states that a person must not knowingly install or use a listening device to record a private conversation.  “Private conversation” means one that is carried on in circumstances in which at least one party to the conversation desires it to be heard only by the other parties to the conversation.  According to the Courts, this doesn’t mean that it is a ‘secret’ conversation in the sense that the participants can’t tell anyone what was discussed, but simply that the conversation wasn’t ‘public’.

An exception to this is that if a person is a party to the conversation, then they can record it if they do so, ‘for the protection of their lawful interests.’  (There are now a number of exceptions which include installation and use of a listening device on premises where the owner or occupier agrees and it is reasonably necessary to do so for the protection of the lawful interests of the owner or occupier.)

The same exception applied at the time that these recordings were made and so the Court had to determine whether the recordings were made in breach of the relevant law regarding listening devices, and in any event whether it was ‘improper’ for the mother to make the recordings.

The current penalty for using a listening device unlawfully is $15,000 or imprisonment for three years.

The biggest distinction between the audio recordings of the father with his children and the videotape of him speaking with the mother was of course that she wasn’t a party to the conversations with the children.

The Video Recordings – Safety was the Key

The video recordings captured private conversations between the mother and father and were made without his consent.  So the Court had to decide whether the mother made the recordings in order to ‘protect her lawful interests’.  Whether this exception applies will depend on each case but it isn’t enough simply to want to have a reliable record of a conversation.  A key consideration was that a Court should more readily accept that recording a ‘private conversation’ was done in a person’s lawful interests where that person has a genuine concern for their own safety.

In this case, the mother genuinely believed she was the victim of family violence and was looking for a way to demonstrate that so that she could obtain an intervention order.  In fact, the father’s behaviour during the video recordings was consistent with family violence.  For this reason the Court was satisfied that the two video recordings were made to protect the mother’s lawful interests, however it was stressed that this was not a licence to record any or all private conversations she had with the father.

On this basis, it was found that the video recordings did not breach the law relating to recording private conversations.

There was still the question of whether it was ‘improper’ to make the recordings.  On that issue the Court said, “Handovers occur in circumstances where the mother has a legitimate interest in her personal safety, welfare and in preventing the children from being exposed to conflict and unpleasantness between the parties.”  The mother was concerned about the father’s apparent obsessiveness with matters involving her and his abusive, coercive and controlling behaviours and past episodes of violence.  For these reasons it was not improper for her to make the recordings in secret.

The Audio Recordings with the Children

The Court was of the view that there was justification for the mother’s belief that the father was attempting to alienate at least one of the children from her and ‘recruit him for his own tactical purposes.’  However that wasn’t enough to justify the recordings which were in breach of the law.  The mother wasn’t acting to protect herself but was simply trying to get material that might be of use to her at a future time such as these very proceedings.  Therefore these recordings were in breach of the law.

As stated earlier, it is still possible for the evidence to be allowed if the desirability of doing so outweighs the undesirability of admitting evidence obtained in breach of the law.  The recordings of the father with the children were said to have clear value to the mother’s allegation that the father was trying to alienate the children and engage them in adult disputes.  This sort of evidence was important because ‘alienation and tactical recruitment of children as allies in a parental dispute are difficult matters to prove.’

Nevertheless, the Court said that the mother could not have known in advance what the father would discuss with the children and there was no evidence that she had any particular reason to believe that he would attempt to alienate them from her in these particular conversations.  There was also no evidence as to how many other conversations she recorded.  Her conduct was found to be a serious invasion of the father’s privacy and the rights of the children and the covert recording of the private conversations between the father and the children was most improper.  This was irrespective of any motive that the father might have had to enlist them in his dispute with the mother. It was said that the children have a right to a meaningful relationship with the father which included a right to communicate with him privately without fear of being covertly recorded.  The point was made that this is particularly so when the parent is not the primary carer and relies on telephone communication with the child in order to maintain a meaningful relationship.

As the Court in this case noted, “We live in an age where our electronic devices present a myriad of opportunities to covertly make audio and video recordings.”  The changes to the laws relating to listening devices mentioned above have also introduced new provisions relating to the use of ‘optical surveillance devices’ making it illegal to use a device capable of being used to record someone visually with certain exceptions.  We have previously written about the use of secret recordings in a family law case and the Courts are being presented with the need to decide on this sort of evidence more and more.  No decision should be made about whether you can record or videotape another person or use that recording in Court based simply on what is reported above.  If you are involved in a family law dispute it is important to obtain legal advice regarding these issues.

Websters Lawyers have experienced family lawyers who can provide you with the right advice.  For a free initial consultation call our office on 8231 1363 or send through a contact form and we can call you.

Coulter & Coulter (No.2) [2019] FCCA 1290

FREE FIRST INTERVIEW

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LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

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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 Can I Record My Ex? appeared first on Websters Lawyers Adelaide, SA.

]]>
What’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry https://websterslawyers.com.au/news/workers-underpaid-in-adelaide-food-industry/ Tue, 30 Jul 2019 00:54:40 +0000 https://websterslawyers.com.au/?p=3543 Click to Call Testimonials Find an Expert What’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry Following shortly after an underpaid cook in an Adelaide Indian restaurant was awarded over $180,000.00 by the South Australian Employment Tribunal, several more recent cases suggest that workers in the food industry are at real risk of exploitation. Australia…

The post What’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry appeared first on Websters Lawyers Adelaide, SA.

]]>

What’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry

Following shortly after an underpaid cook in an Adelaide Indian restaurant was awarded over $180,000.00 by the South Australian Employment Tribunal, several more recent cases suggest that workers in the food industry are at real risk of exploitation.

food industry workers unpaid

Australia sat up and took notice when MasterChef judge George Calombaris’ hospitality group MAdE Establishment was found to have underpaid staff by $7.8 million in wages, and rightly so. Hospitality workers have a difficult job as it is without losing out on hard-earnt wages, and it has been commented that the $200,000.00 fine which will accompany MAdE’s back pay of wages was a light penalty for such a blunder.

But it’s not just the well-heeled employers which are being scrutinised for underpaying their staff. The legal profession has long been encouraging hospitality workers to have their employment circumstances reviewed to make sure they are being paid properly, and it seems that this industry is waking up and smelling the coffee.

Recent Underpayment of Wages Cases

 This was certainly the case for a worker who recently brought a claim for underpayment of wages and entitlements against his former employer “Europa at the Bay” which operates at Glenelg and offers Italian cuisine.  The employee asserted that not only had he been paid at an incorrect level under the Restaurant Industry Award 2010, but that his employer had fabricated his employment records including payslips, payroll advices, and time records.

Although the worker could not demonstrate a fabrication of records at his April 2019 hearing, it was found that he had been incorrectly paid at a lower level under his applicable Award. The matter is not yet finalised as the employer was required to calculate what unpaid wages were owed following the hearing.

The issue of underpayment is also large in Adelaide’s Chinatown. The popular Duo Duo Noodle Bar was recently ordered to pay $230,000.00 to a former employee for underpayment of wages, and it was found by the Tribunal that the noodle bar had deliberately falsified his pay records.  According to the worker, he was paid just $10.00 per hour whilst working up to 70 hours a week for this establishment.

Even more troublingly, the man has recently given an interview to the Advertiser in which he emphasised that his case was not unique and that hospitality workers in Adelaide’s Chinatown were routinely underpaid.

The Takeaway

 Not every worker in the hospitality industry can be expected to know their wage and entitlement rights, let alone how to demand and enforce these rights.  On the other hand, an experienced employment solicitor has knowledge of both.

Workers in industries vulnerable to exploitation of wages (due to those industries’ tendencies to hire youthful, inexperienced or immigrant workers) are shaking up their employment spheres and seeking legal assistance to request what they are due from their work.

Your wages and employment rights are worth understanding and fighting for.  With a free first 20-minute consultation, there is little excuse to not contact one of our dedicated employment law solicitors if you are unsure whether you are being paid what you entitled to. Contact Websters Lawyers today for a free first interview.

Selby v Orient Co-Long International Co P/L as trustee for the J&C Family Trust [2019] SAET 139

Zhang v Duo Duo Rice Noodle Pty Ltd & Ors [2019] SAET 140

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

call now

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 What’s Cooking? Even More Adelaide Workers Underpaid in the Food Industry appeared first on Websters Lawyers Adelaide, SA.

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OVERWORKED AND UNDERPAID? ARE YOU BEING PAID ENOUGH? https://websterslawyers.com.au/news/overworked-and-underpaid-are-you-being-paid-enough/ Mon, 22 Jul 2019 06:38:47 +0000 https://websterslawyers.com.au/?p=3474 Click to Call Testimonials Find an Expert OVERWORKED AND UNDERPAID? ARE YOU BEING PAID ENOUGH? After the SA Employment Tribunal recently ordered an employer to pay in total over $170,000.00 to an employee who had been exploited and underpaid, many workers are asking, “Am I being paid what I’m entitled?”  As this and other recent…

The post OVERWORKED AND UNDERPAID? ARE YOU BEING PAID ENOUGH? appeared first on Websters Lawyers Adelaide, SA.

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OVERWORKED AND UNDERPAID? ARE YOU BEING PAID ENOUGH?

After the SA Employment Tribunal recently ordered an employer to pay in total over $170,000.00 to an employee who had been exploited and underpaid, many workers are asking, “Am I being paid what I’m entitled?”  As this and other recent cases have shown, the number of Australian companies being found responsible for skimping on worker entitlements is growing.  And many employees classified as casual workers are investigating whether they are actually entitled to be treated as permanent employees with annual leave and other benefits.

Did you ever feel overworked and underpaid? This is a vector illustration of a computer keyboard with the word "overworked" on the enter key and "underpaid" on the shift key. Perfect for making a statement! (This download is in an Adobe Illustrator EPS 10 file format and has no transparencies or transparent blends.) All elements are placed in separate layers for easy selection and editing.

Australia is supposed to be a safe haven for workers, with comprehensive National Employment Standards, Awards for all types of skills and a minimum wage rate which is competitive in the international working arena.

Yet with all of the protection the Australian Government unwaveringly proposes, Australia’s employment lawyers are still discovering new ways that businesses have been cashing in on unsuspecting workers.

The fact is that workers are, as a whole, a vulnerable bunch. They’re often not fully informed of what entitlements they are owed by law, and are happy to have found gainful employment in a competitive job market.

Vulnerable Worker Awarded Over $170,000.00

As the recent case involved Rajesh Salaria shows, it is a sad truth that vulnerable workers (for example, young, disabled or immigrant workers) are a target for unconscionable businesses. These workers often have less experience in the Australian work force and so may not understand what payment they are due, even if they are being trained or are on probation.

Mr Salaria came to Australia to make a better life for himself in a country he understood to have better working conditions and a minimum wage on which he could support his young family.

Instead, he was snapped up by an Adelaide restaurant company who falsely informed him that before he could make money as an employee, he would be required to work part time and be paid nothing whilst he learned how to cook Indian food. He was told that this was training, and once completed he could get full time employment with pay in addition to visa sponsorship.

He worked for this company for approximately 10 months at 20 hours per week with no pay at all. He was eventually taken on as a full time worker, but was required to “pay back” thousands of dollars to his employer for “sponsorship fees” which reduced his minimum wage salary of $18.93 per hour to $7.00 per hour.

Mr Salaria was unable to support his family on this salary but did not wish to stop working for the restaurant company as he was afraid of his visa being cancelled. He turned to taxi driving as a way to supplement his income, thereby violating his visa conditions and risking his deportation. After he was made redundant by the company, Mr Salaria brought a claim for unpaid monies.

The matter came before the South Australian Employment Court, where the Court found in favour of Mr Salaria’s claim for unpaid wages, underpayment of wages, unpaid leave, unpaid superannuation, unpaid notice and repayment of the “sponsorship fees” all totalling over $86,000.00.

The Court saw the company’s breach of employment standards as being so serious that in May 2019 it ordered an additional $83,600.00 be paid to Mr Salaria in penalties alone.

Unfortunately Mr Salaria’s story is not an uncommon one. Unpaid wages and entitlements are rife in companies taking on students, immigrants and young people for free labour in exchange for experience. The Courts are also finding that new-age “Gig-workers” are often classified as contractors to avoid the benefits bestowed upon employees. Now more than ever, workers not conforming to the traditional approaches to employment should understand their vulnerability and seek advice as to what they should be receiving for their work.

‘Casual’ Workers Being Underpaid

When it comes to employees who don’t work full time, a favourite trick of some employers is to misclassify them as casual employees rather than permanent employees.  In fact, many workers engaged for ‘full time’ hours are still employed as ‘casuals’.

You can see the allure. Permanent employees not only enjoy the benefit of guaranteed work at set times, but also the following entitlements:

  • Paid annual, personal, parental leave;
  • Long service leave;
  • Superannuation; and
  • A set notice period if their employment is terminated.

Meanwhile, casual employees are not guaranteed regular work or regular working hours, and receive the following, less cushy entitlements:

  • Unpaid carers leave (2 days per occasion);
  • Unpaid parental leave;
  • Unpaid adoption leave(2 days per occasion);
  • 2 days compassionate leave per occasion;
  • Community service leave (except paid jury service);
  • Superannuation guarantee; and
  • A day off on public holidays unless a work day has been arranged between the worker and the employer.

Though causal employees are required to be paid a casual loading (around 25% depending on the applicable Award), the above lowered benefits can mean a lot less cash leaving the employer’s pocket.

But how can you tell what kind of employee you are? Looking at your contract or asking your employer does not seem to be the answer here according to the recent cases emerging from the Courts in relation to misclassification of employees.

Though there are a range of things which can help to demonstrate an employee’s status, the stand-out factor is how often the employee works and how regular their working schedule is.

A prime example of this is the case of an employee who was told that he was a casual labour hire worker not entitled to annual leave payments.

Mr Skene was a dump truck operator for WorkPac Pty Ltd. He worked a continuous roster arrangement of seven days on, seven days off, with 12.5 hours per shift. He was provided with each year’s roster in advance, and was employed from July 2010 to April 2012. When Mr Skene was dismissed in 2012, he brought a claim that he was a misclassified permanent full-time worker and was accordingly due payment in lieu of annual leave.

The first round of the case was found in Mr Skene’s favour; despite his job status of casual team member, his regular and predictable working hours demonstrated he was a permanent employee. This finding was appealed, and the Full Federal Court was called on to decide the matter. Once again, a finding was made in favour of Mr Skene, this time setting out the below critical explanations for identifying Mr Skene as a permanent employee.

  1. Mr Skene’s enterprise agreement did not describe him as a casual employee.
  2. Mr Skene’s flat rate of $55.00 per hour was not described as inclusive of a casual loading. Even if it was found that this amount did include a casual loading, it could not demonstrate that no annual leave was to be paid. Annual leave is not just a financial benefit; it is about resting an employee.
  3. The ‘absence of a firm advance commitment as to the duration of the employee’s employment or the days or hours the employee will work is the essence of casualness’ and Mr Skene’s employment arrangement lacked this ‘casualness’.

The employer’s appeal was dismissed, and the case was remitted to the Federal Court to determine what exactly was payable to Mr Skene.

It is important that casual employees learn from this case and remember that their classifications are not determined by what their employers label them but by how they undertake their work. In connection to this, casual employees should be aware that as of 1 October 2018, casual employees in Australia who have worked regular hours for at least one year may apply to their employers for permanent positions and must have these applications be taken seriously by their employers.

Still Not Sure? Give Us A Call.

The common element with this cases is that workers are often not aware of what they are entitled to until they are terminated and seek legal advice.

This advice is not reserved for workers who have already suffered a loss. Any worker who has been provided with a contract to sign, who is uncertain of their correct wage, who is having trouble in their workplace or who hasn’t been made aware of their leave and allowance entitlements should seek legal advice.

Websters Lawyers have specialist employment lawyers ready to assist you with a free first consultation.  If you think you might not be getting paid correctly, call us on 8231 1363 or contact us here.

Salaria v Sharma [2019] SAET 98

Salaria v Trehan & Sharma Pty Ltd [2018] SAET 226

WorkPac Pty Ltd v Skene [2018] FCAFC 131

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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 OVERWORKED AND UNDERPAID? ARE YOU BEING PAID ENOUGH? appeared first on Websters Lawyers Adelaide, SA.

]]>
CHANGES TO MAKE VICTIMS OF CRIME CLAIMS FASTER AND EASIER https://websterslawyers.com.au/victims-of-crime/changes-to-make-victims-of-crime-claims-faster-and-easier/ Tue, 16 Jul 2019 05:19:09 +0000 https://websterslawyers.com.au/?p=3453 Click to Call Testimonials Find an Expert CHANGES TO MAKE VICTIMS OF CRIME CLAIMS FASTER AND EASIER A significant change to the procedure for claims under the Victims of Crime Act will make it a lot less stressful and much faster for victims to obtain compensation. The Victims of Crime scheme provides compensation to victims…

The post CHANGES TO MAKE VICTIMS OF CRIME CLAIMS FASTER AND EASIER appeared first on Websters Lawyers Adelaide, SA.

]]>

CHANGES TO MAKE VICTIMS OF CRIME CLAIMS FASTER AND EASIER

A significant change to the procedure for claims under the Victims of Crime Act will make it a lot less stressful and much faster for victims to obtain compensation.

Close up of couple holding hands reconciled after quarrel, happy and relaxed about saved marriage. Husband and wife making peace avoiding break up. Concept of preserved relationship, family support

The Victims of Crime scheme provides compensation to victims for the pain and suffering they have endured as a result of a crime along with the financial loss they have incurred.  However many victims have been deterred from making a claim because of the requirement to serve a copy of their application for compensation on the offender.  South Australia has been the only State to have this requirement.  Until now the only time that this could be avoided is if the whereabouts of the offender wasn’t known and couldn’t be readily ascertained, or if the identity of the offender just isn’t known.

For many victims this requirement to make contact with the offender is so stressful and traumatising that they choose not to make a claim for compensation altogether.  For a victim of domestic violence or sexual offending there has been a real risk that making such contact with the offender could retrigger violence against them.  It has been estimated that 25 per cent of applications for compensation are by victims of this these types of offences.  In other cases where the offender knows the victim, such as when someone has been assaulted by a neighbour or where the victim has suffered a home invasion, the very thought of serving a copy of the application on the offender discourages a claim.  The offender might consider this a personal ‘attack’ on them by the victim.

In addition, applications for compensation will contain personal information that is inappropriate to provide to the offender.  The reasoning behind this requirement for service on the offender was to allow them the chance to make submissions to the Crown Solicitor’s Office during the application process about what compensation the victim should receive.  In reality however it is very rare that an offender will make such a submission and even less likely that an award of compensation is reduced by what the offender might have to say. Yet, by receiving the application the offender has been given access to a lot of personal information which might include medical reports and details of the victim’s injuries.

The process when applying for compensation as a victim of crime has two stages.  To begin, an application is made to the Crown Solicitor for compensation.  The vast majority of claims are settled at this stage however if the amount of compensation isn’t agreed then an application needs to be made to the Court.  At both stages the offender has been made aware of the claim and when the process is started in Court the offender is actually joined to the claim as a party to the proceedings.  These changes will remove the requirement to involve the offender at both stages.

After compensation has been paid to a victim the Crown Solicitor can choose to try to get that money back from the offender through a process called recovery, but that won’t involve the victim at all.  In those cases, the offender will still be able to have a say if they believe that the amount that the Crown is trying to recover from them should be reduced but all of that contact will now be between the offender and the Crown Solicitor.

A further benefit to this change is that it will speed up the compensation process.  Very often it can be difficult to obtain the contact details of the offender and to locate them to serve the application on them.  This has caused significant delays in finalising compensation claims for victims.

Once the change is in place, all communication with the offender about the claim will occur after the victim has been paid compensation and will only come from the Crown Solicitor’s Office.  There will be no need at all for the victim to make any kind of contact.

According to the SA Attorney-General, these changes, “Will relieve literally hundreds of [victims] of indignity and potentially quite stressful circumstances by virtue of no longer having to serve the offender.”

Websters Lawyers have assisted hundreds of victims to obtain compensation through the Victims of Crime scheme.  For more information about these claims visit our page here or to arrange for a free, no obligation appointment to discuss whether you can make a claim contact us today.

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

call now

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 CHANGES TO MAKE VICTIMS OF CRIME CLAIMS FASTER AND EASIER appeared first on Websters Lawyers Adelaide, SA.

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Injured and Need Help? Lawyers Are Super In Superannuation Claims https://websterslawyers.com.au/news/injured-and-need-help-lawyers-are-super-in-superannuation-claims/ Wed, 10 Jul 2019 05:49:23 +0000 https://websterslawyers.com.au/?p=3439 Click to Call Testimonials Find an Expert Injured and Need Help? Lawyers Are Super In Superannuation Claims The last thing you want to do when you’re injured or ill is battle it out with a superannuation provider for financial support. Many superannuation customers are unaware that the annual fees they pay may include several types…

The post Injured and Need Help? Lawyers Are Super In Superannuation Claims appeared first on Websters Lawyers Adelaide, SA.

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Injured and Need Help? Lawyers Are Super In Superannuation Claims

The last thing you want to do when you’re injured or ill is battle it out with a superannuation provider for financial support.

Many superannuation customers are unaware that the annual fees they pay may include several types of insurance, namely:

  • Income protection cover, which pays you an income stream for a set period if you are unable to work due to injury or illness;
  • Total and permanent disability cover, which pays you a benefit if you are seriously disabled and are unable to work again; and
  • Death cover (or life insurance) where your beneficiaries receive a financial benefit when you die.
TPD Claims

Knowing what entitlements you or your loved ones are owed under superannuation cover can make the difference in your family being financially secure. If you are unsure what you are entitled to, or if you have been rejected for any superannuation based claim already, you should seek legal advice.

It’s Tricky for a Reason

Remember, your insurers make more money when you pay premiums but make no successful claims. For this reason, the superannuation claim process is arduous and loopholes are often relied on by companies to deny claims.

Though the process for claiming superannuation benefits is reportedly designed for customers to manage their own claims, the requirements put in place by superannuation companies are often unnecessarily complex. It’s easy to be buried in paperwork when each claim form is between 20 and 30 pages long, and there is little internal support available for claimants who have been neglected by claim assessors.

Superannuation providers are not fast in approving submitted claims, and in our experience have at times simply rejected an entire claim for containing small errors rather than communicating with clients to fix the issues. At Websters Lawyers we are highly experienced in completing complex claims for our clients without error, saving you the headache of tricky fine print and avoiding unnecessary delays in getting you the money you need.

Pitfalls of Claim Requirements

Whilst it is reasonable that superannuation providers may require claimants to validate their claims, the processes for such validation can venture into the realm of the irrational.

Providers have been known to send claimants to doctors who specialise in areas not specific to their claimant’s injuries, or to ‘doctor shop’ and send a claimant to two of the same kind of doctor and cherry-pick the report which least supports a benefit claim.

It is also not uncommon for claimants to be placed under surveillance by superannuation and insurance providers in an attempt to gain evidence that the claimant is less injured than they have previously described.  The problem is that many times the activities reported on are taken out of context and aren’t the ‘smoking gun’ that the insurers think.

Getting legal advice at the beginning of your claim can help you become aware of such pitfalls.  Having a lawyer handle your claim can also help dissuade providers from making unreasonable validation requests of you, helping you avoid stress and weaknesses in your claim.

Competing Interests

When no beneficiary is specifically named in a person’s death cover insurance benefits, their loved ones can find themselves embroiled in a dispute for life insurance. We highly recommend that you seek advice from a lawyer as soon as is practicable in such matters, as you will likely be called on to complete an application for these benefits very quickly and to supply supporting statements. A lawyer’s support can prove to be invaluable when your claim is the first to be processed and your statements are drawn in a concise legal manner.

A Provider’s Initial Rejection Is Not Final

If you have already independently submitted a claim to a superannuation or insurance provider and have been knocked back, come speak to one of our solicitors.

Claims are often rejected due to small errors that can be identified and remedied by a practiced lawyer. You may also dispute the rejection decision if you disagree with the findings, and ask that a different claims assessor be assigned to your matter. It is vital that you seek legal support in these instances, as a lawyer may be able to identify mistakes of law and fact which a claims assessor may overlook or be not be aware.

Supporting You Through Litigation

Though most of the superannuation and insurance claims we complete are approved and paid out to our clients without litigation, it is occasionally necessary to take litigious steps get a fair outcome. When you have exhausted the avenues available to you through the provider itself, we can advise and assist you through the next steps, which might involve making a complaint to the Superannuation Complaints Tribunal initially, or taking the case to Court.

Though litigating a claim can seem unnerving, our experienced barristers and solicitors are able to guide you step by step through the court process and keep you fully informed as to your prospects of success and what will be required of you.

Time to Make a Claim

If you are unsure as to what superannuation benefits you are entitled to, wish to make a claim for superannuation entitlements and/or have been rejected already for a claim, it’s time to call the personal injury and estates teams at Websters Lawyers. Contact us today for a free first interview.

For more information about Superannuation and TPD claims click here.

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

call now

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 Injured and Need Help? Lawyers Are Super In Superannuation Claims appeared first on Websters Lawyers Adelaide, SA.

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EMPLOYER TO PAY $170,000.00 FOR SEXUAL HARASSMENT https://websterslawyers.com.au/news/employer-sexual-harassment-case/ Tue, 09 Jul 2019 05:10:10 +0000 https://websterslawyers.com.au/?p=3428 Click to Call Testimonials Find an Expert Employer To Pay $170,000 For Sexual Harassment A woman has been awarded $170,000 compensation after having suffered sexual harassment in her workplace.  In what the Court described as a ‘mind-boggling’ imbalance of power, her employer was found to have taken advantage of her vulnerability and ‘relentlessly’ pursued her…

The post EMPLOYER TO PAY $170,000.00 FOR SEXUAL HARASSMENT appeared first on Websters Lawyers Adelaide, SA.

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Employer To Pay $170,000 For Sexual Harassment

A woman has been awarded $170,000 compensation after having suffered sexual harassment in her workplace.  In what the Court described as a ‘mind-boggling’ imbalance of power, her employer was found to have taken advantage of her vulnerability and ‘relentlessly’ pursued her by bombarding her with emails.

The employer defended the claim on the basis that his actions were merely ‘romantic’ and that the woman had encouraged him by wearing alluring dresses and by her flirty behaviour such as flicking her hair in a sensual manner.

 

what to do if you're sexually harassed at work

 

The Details Of The Sexual Harassment Case

The woman had separated from her husband and cared for her two children.  She needed to find a job near to where the children’s father lived so that they could maintain a relationship with him, and so she commenced work at a law firm in the area.  Her employer, the owner of the firm who was a divorced man with one child, was described by the Court as a lonely man who was seeking a relationship.

The Trip to Sydney

He had to travel to Sydney to handle a family law case and asked the woman if she would like to come with him.  She believed that this was to be a work trip, and so she agreed as she felt she would be of assistance having done a lot of work herself on the case.

At the same time, the woman was engaged in ongoing discussions with her former husband about parenting issues and was to attend a mediation regarding those issues.  Her employer asked her if she would like him to represent her at the mediation and she agreed.  Of course this meant that the woman had to disclose a lot of her personal information to the employer.  On the night before the mediation the employer phoned her and said something like, “I am very happy to be able to represent you.  My feelings towards you have grown.”  While she thought that the comment was inappropriate, she ignored what he said and hoped he wouldn’t speak like that to her again.

The next morning, being the day of the woman’s mediation, the employer sent her an email in which he wrote that it, “meant a lot to me not just professionally that you have come into my life,” and, “it is clear we both like each other personally and well, you know a lot of relationship started in the work environment something like 60% plus according to a report on the ABC.”  About thirty minutes later he sent another email saying that, “I can talk for hours with you about this as I feel rightly I think I am the 100% comfortable with you??”

The woman sent her boss an email in which she said that she wanted the trip to be a work trip only and that she did not want a relationship with him.  He read the email when he was horse-riding and said that when he later went to look at it again it was gone.  He told the Court that he concluded that he woman had gone into the email system and deleted the email which he took as a gesture that she actually was interested in having a relationship with him.  As the Court noted, there was no adequate explanation or reason for this other than ‘wishful thinking’ on his part.

Other emails were sent including one in which the employer told the woman that he had deleted the emails that he ‘should not have sent’ her, and which he followed by saying, “It was an honour representing you in your own matter.  I am sorry it coincided with me expressing to you a need in me for intimacy.”

When the trip to Sydney occurred the employer organised for them to stay at his brother’s home.  The woman had told her boss that she wanted her 16 year old son to go with them and so the arrangement was that she her son would sleep on a mattress on the floor of the bedroom in which she was staying.  As it turned out, for some reason the woman’s son didn’t accompany them.  On the first night they had dinner with some others and the employer announced around 10.00 pm that he was going to bed.  When the woman herself went to her room about twenty minutes later she opened the door to find the employer lying on the mattress in his underwear.  She was shocked and upset and told him to get out of the room.  He then said that he ‘guessed’ he would have to sleep on the veranda outside and as he was leaving said, “Can I at least have a hug?”  The woman did hug him but told the Court she did so reluctantly and that she felt upset and compromised and now believed that he actually had ulterior motives for having her come on the trip with him.

Told Him To Get Out

The next morning after showering the woman returned to her room wearing only a towel and found him again in the bedroom lying on the mattress.  She told him to get out which he did.

The two were involved in the Court case that day and then in the evening she told him that she was upset about what had happened the night before.  She told him that he had acted very inappropriately and that she had only come along to work and was not interested in a relationship.  He told her he understood and asked whether she could still work for him which she confirmed.  The following day they went to the markets together where she admired some jewellery that she thought her daughter would like.  The man later bought it for her.  The woman later flew home while the employer stayed in Sydney.  According to the woman she felt compromised because she needed the job and wanted to do well at it because there weren’t many positions available in the region.

He Kept Persisting

The employer kept persisting with his behaviour despite the fact that the woman continually told him that she did not want to have an intimate relationship with him.

To make things worse, the employer knew from documents produced during the mediation of the woman’s own case that she suffered an anxiety condition.  He sent further emails to her saying things like, “I got excited when you seemed interested in me.  I feel I have blown things that but perhaps I am wrong.  Anyway I just wanted you to know that I could have loved you.”  He later sent an email with the heading, “It's hard for me to not think of you” which then said, “My heading to this email says how I feel.”  The woman again told her employer not to send emails of a personal nature as it was very stressful for her.

After this time, the two of them went to the local pub after work on a couple of occasions which the woman said was for the purpose of being ‘seen by locals and hopefully drum up business.”  On one Friday at the pub she told him that she wanted to keep their relationship as a “great working relationship.”  The woman gave evidence that she had hugged her employer on about six occasions at the end of the day as she was leaving the office.  She said that he physically stood in her way so that she couldn’t get out of the room and would say something like, “Give me a hug,” so she felt she had no option.

Numerous more emails were sent by the employer saying things like, “You know you were romantically interested in me but I wanted to make sure that we could work together if it did not work out … I do know that if you decide to go with me romantically it will be the most beautiful thing ever for both of us,” and, “You talk of rewiring our brains so we do not smoke.  I just think well if we were an item we could cuddle instead of having a cigarette.”  What was of particular note was the line, “Please do not see this as pressure.”  The Court stated that he was in fact applying pressure but was excusing his behaviour by telling her that he wasn’t.  He also commented, “I have sustained myself by a delusion that I could afford to bring out a beautiful girl from Ukraine,” and then later wrote, “All cool if you want to just work for me about at the end of the day you would have a Ukranian woman working for me was well as you and you might be sorry you turned me down romantically.”  To the Court this couldn’t be seen as anything but a threat that she would be replaced as an employee by a Ukrainian woman who could also be romantically involved with the employer.  This was followed with further emails sent in an attempt to ‘woo’ the woman but also suggesting her employment would be better if she commenced a relationship with him.  He told her of three women he believed were propositioning him but whose advances he refused because of her.  “When Heidi first came to me she fiddled with her bra strap throughout the legal aid conference.  Monica who worked for me for 2 years will give me the come on about her nails better than you actually and I would be 100% emotionally in control but you have got under my skin.”

Following this the emails became more sinister with threats that the woman’s work was substandard but it could be overlooked if she were in a sexual relationship with him.  “To be honest I can see you would get there like in a timeframe I can live with if I was at full speed and we were lovers but your work output is not there otherwise.”

The stress of this situation caused the woman to consult a psychologist.

“She Was Interested In Me”

The employer considered it important to stress that the emails he sent the woman were all after work hours and that any ‘hugging’ happened at the end of the work day.  As the Court observed, “It seemed to be suggested that this somehow made any conduct not ‘work-related’ and hence ‘not harassment’.  He said that she was flirty and coquettish with him and wore alluring dresses and flicked her hair in a sensual manner all of which he took as an indication that she was interested in him.  He claimed that before the Sydney trip the woman had said to him, “I expect to be loving you before the end of the week.”  His reason for lying on the mattress in the woman’s bedroom was because it was a very hot night and if he had slept outside he would have been eaten alive by mosquitoes – even though it was the middle of winter.  He claimed that the woman asked him to leave the room because he would have been ‘too much of a distraction.’  The next morning he was in the room because he thought he’d ‘left some papers in there’.  The Court found his explanations to be ludicrous and bizarre.

The employer sought to make the distinction that he was not sexually harassing the woman, but was attempting to pursue a romantic relationship.  As the Court stated, the law does not make such a distinction, and that the relationship he was seeking was clearly sexual in nature and could not have been anything other than deeply distressing for someone in the woman’s position.  The Judge stated that the fact that he might view his actions as merely ‘romantic’ does not detract from the fact that his actions were, to the woman a daily nightmare that occurred because he was targeting her sexually as a woman and as his inferior.  The sexual advances would have the effect of offending, humiliating or intimidating the woman who was socially and individually vulnerable.

Damages for Sexual Harassment

Evidence from a psychologist was that the woman suffered anxiety and depressive symptoms as a direct result of the sexual harassment, and a psychiatrist explained that he was suffering a psychiatric injury described as an adjustment disorder with mixed anxiety and depressed mood.

In awarding damages the Court stated that the man’s conduct was relentless and that he took advantage of the woman’s vulnerability having no regard to the position she was in but acting according to his own desires as if they were the only things that mattered.  This was a very grave example of sexual harassment.  The Judge awarded $120,000 in general damages in addition to which a further $50,000 was given in aggravated damages.  Part of the reason for the additional amount was that the employer had tried to put the blame for his behaviour on the woman saying she was flirty and wore alluring dresses to the office.

As the Court clearly stated, “Sexual harassment is a social practice of enforced inequality that demeans individuals on the basis of sex.  This is especially so in the workplace,” and that sexual harassment law, “seeks to address those workplace power imbalances that result from fear, silencing and the harms that flow from sexual hierarchy.”  Anyone who has been the victim of such harassment should seek legal advice.  Websters Lawyers have experienced solicitors practicing in the areas of Human Rights, Equal Opportunity, Bullying and Sexual Harassment claims and can provide a free initial interview.  Arrange to speak to a lawyer through our contact page or call 8231 1363.

FREE FIRST INTERVIEW

NO WIN NO FEE

LOCAL LAWYERS FOR LOCAL NEEDS

GET THE RIGHT LAWYER FIRST

call now

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.

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Nature vs Nurture – How Important Is It To Be The “Biological” Parent? https://websterslawyers.com.au/news/family-act-law-who-is-the-parent/ Wed, 03 Jul 2019 07:10:49 +0000 https://websterslawyers.com.au/?p=3413 Click to Call Testimonials Find an Expert Nature vs Nurture – How Important Is It To Be The “Biological” Parent? Same sex relationships, surrogacy, sperm donation, adoption and IVF.  When the Court decides who a child should live with or spend time with just how significant is it to be the biological parent?   Court…

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Nature vs Nurture – How Important Is It To Be The “Biological” Parent?

Same sex relationships, surrogacy, sperm donation, adoption and IVF.  When the Court decides who a child should live with or spend time with just how significant is it to be the biological parent?

 

who is the real father

Court Decisions Regarding Parents Rights

Two recent and highly contested Court decisions regarding parenting rights have looked at the significance of being a “biological” parent in providing access and care to a child.  In one matter, the High Court overturned a previous finding and held that a sperm donor may be regarded as a parent in certain circumstances.  In another case, though a DNA test confirmed that a child was the result of an extramarital affair, the mother’s attempts of prohibiting the child’s contact with her former husband were unsuccessful.

The term “parent” is not wholly defined within the Family Law Act, and neither state nor federal laws are definitive as to whether sperm donors may automatically be considered parents.   Nevertheless, the key consideration as these cases highlight is that the wellbeing of the child is given higher consideration than any wishes of the “parents”.

Donor Dads

Recently the High Court was asked to identify the legal parents of a child conceived between a gay man (“Robert”) and his close lesbian friend (“Susan”). The two biological “parents” had been friends for 25 years and chose to have a child together by artificial insemination in 2006.

Robert had fathered the child with the intention of acting as the father, and had contributed to the child’s care, welfare, education and financial support.  The child had an “extremely positive, close and secure relationship” with Robert and he was named as the child’s father on her birth certificate.

In 2015, Susan married her partner (“Margaret”) in New Zealand. Susan and Margaret had previously had a child together through a private IVF program. Both children referred to Robert as “Daddy” and he was actively involved in both of their lives.

When the children were aged 9 and 10, Susan and Margaret attempted to move them to New Zealand. Though Robert was initially able to prevent this move, Susan and Margaret appealed successfully to the Full Court of the Family Court on the basis that the laws in most Australian states rule out sperm donors as being considered the “parent” of the resulting child.

Robert subsequently appealed to the High Court. Although Susan argued that Robert was meant to act strictly as a donor who visited occasionally, the Court found that Robert had contributed significantly to the child’s life, was viewed by the child as her father, and was a positive participant in her social and psychological parenting.

The Court also gave great weight to Robert’s intention and belief that he would be a father when he had provided his sperm, and that Margaret was not Susan’s de facto partner at the time of the child’s birth and was therefore not an intended parent.

Robert, though a sperm donor not in a relationship with the biological mother, was deemed a “parent” in the ordinary and contemporary sense of the word, and was given the right to spend time with the child as her parent.

Susan and Margaret argued that this decision gave more weight to the child’s attachment to Robert due to a societal norm that children have fathers. The Court dismissed their suggestion of “‘hetero-normative” bias as a misunderstanding of the Court’s duty of putting the best interests of the child first and preserving their most meaningful relationships.

Genetics Aren’t Everything

The matter of Maldon & Gabard demonstrated the same principle in a reverse situation.

In that case, a husband and wife had gone through multiple IVF cycles without success, until they finally achieved conception of a baby boy in 2013. They considered him to be a miracle baby and were both elated at his birth.

But the child’s conception was not a miracle at all.

The parties had separated in April 2015, after which time the “father”, or “Mr Maldon” spent regular and frequent time with the child. In September 2015, Mr Maldon undertook a DNA test which revealed that he was not the biological father of the child, and that the child was in fact a result of an extramarital affair.

Upon Mr Maldon informing the mother of this fact, the mother immediately ceased Mr Maldon’s care of the child on the basis that he was not the biological father.  It was only a year later (after being granted Court Orders) that Mr Maldon was permitted to spend supervised time with the child. The child was initially distressed at his interaction with Mr Maldon, and was not permitted to call Mr Maldon “dad”.

The mother did not wish for the child to spend any time at all with Mr Maldon, and disputed this time. The mother went as far as to remove herself and the child from Mr Maldon’s health care (provided to her free of charge) in order to distance the child from Mr Maldon.

The court found that Mr Maldon had spent a significant portion of the child’s life being known by the child in a positive manner, he had bonded with the child before he was even born, and that his desire to play a parental role in the child’s life was due to his love for the child. It was found that the mother had an almost “hysterical aversion” to Mr Maldon being involved with the child, and that her choice to remove herself and the child from the benefits of private health cover as that might have been held against her in the proceedings spoke volumes as to her lack of reason in the matter.

It was ordered that it was in the child’s best interests that Mr Maldon play a part in the child’s life. Mr Maldon was to only present himself as a friend, and would not have parental care of the child, but would have a right to access the child on set dates for court-determined spaces of time.

The Takeaway

Biological parents or not, the Court is increasingly interested in what role a person plays in a child’s life and their contributions to that child rather than what is strictly dictated by legislation. In these two cases we can see that the definition of “parent” has been interpreted by the Court in its ordinary meaning, and that it may be a person’s actions which make them a parent rather than a biological connection.

If you have questions regarding your access or parenting rights for a child, give Websters Lawyers a call on 8231 1363 or contact us here. Our experienced family law solicitors would be happy to provide you with a free first consultation to help you better understand your rights and what may be considered the best outcome for your family.

 

Masson v Parsons [2019] HCA 21

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2019/21.html

Maldon & Gabard [2018] FCCA 472

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2018/472.html

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