Workers Compensation – Heart Attacks & Strokes

Questions and Answers Part 3 When can the insurer arrange an Independent Medical Examiner? The insurer can arrange an independent medical examination if information from the treating doctors is inadequate, unavailable or inconsistent or the insurer cannot resolve issues directly with the injured worker’s treating doctors. How much notice do the insurers have to provide…

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Do Grandparents Have Any Entitlement to Spend Time or Communicate with Their Grandchildren?

There are legislative provisions under the Family Law Act which gives legal standing to grandparents who wish to make an application in Court to spend time with their grandchildren. Section 60B of the Family Law Act aims to ensure that children receive adequate and proper parenting to help them achieve their full potential and to…

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Mesothelioma

Mesothelioma in Australia

Australia has one of the highest rates of mesothelioma in the world. But what is Mesothelioma? Mesothelioma is a rare and aggressive form of cancer that develops in the thin layer of tissue that covers the lungs. This dust disease can progress rapidly with no known cure for it currently. Exposure to asbestos is the…

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Workers Compensation Claims – General Q&A

Workers compensation is awarded to people suffering from work-related injuries. NSW employers are bound to take out workers compensation insurance to cover physical damage, psychological suffering and any disease contracted during employment. Compensation payments also cover aggravation of an existing ailment and in very limited circumstances injuries sustained travelling to and from work. NSW compensation…

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Who gets to keep the Family Pets?

When a marriage or de facto relationship ends, the division of assets begins. An increasingly situation Family Lawyers are now being faced with is clients involved in so-called ‘pet custody disputes’, that is, being asked advice as to “who gets to keep the dog?” or “does the cat form part of our ‘property’?” Despite the…

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Should I file my parenting application in the Family Court Or Federal Circuit Court of Australia?

If any one of the following criteria applies to you, then your application for Final Orders ordinarily should be filed and/or heard in the Family Court of Australia: 1. International child abduction. 2. International relocation. 3. Disputes as to whether a case should be heard in Australia. 4. Special medical procedures (of the type such…

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Is a shared parenting arrangement best for my children?

When parents separate / divorce… Unfortunately, divorce (and separation of de facto couples) happens frequently in our society. It is a major source of stress for everyone involved – especially for those separating families with children. After parents separate, their children’s needs remain the same: secure, loving, supportive and emotional ties with parents they can…

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In the eyes of the law, are my partner and I considered de facto?

There is no definitive ‘yes’ or ‘no’ answer to that one without first engaging in closer examination of the nature and dynamics of your relationship. When married couples come to court, they produce a copy of their marriage certificate to prove they fall under the jurisdiction of the Family Law Act 1975 and, as such,…

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Can my spouse and I just have an agreement between ourselves regarding our property division?

The answer is yes, of course you can, but it is highly inadvisable. You should be aware that you (and your spouse) take a very serious risk by not formalising your agreement with the aid of at least one expert family lawyer between you. Most couples formalise their agreement by way of ‘Consent Orders’ which,…

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Can I get an annulment instead of a divorce?

The answer is maybe, but most likely, no. We promise we are not being difficult or pessimistic, so let us explain why…from the beginning. Marriage in Australia is defined in the Marriage Act 1961, where section 5 lists four factors that constitute a valid marriage, adopting the definition in the old English case of Hyde…

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