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LETTERS OF ADMINISTRATION – WHAT’S THE PROCESS WHEN A LOVED ONE DIES WITHOUT A WILL?

Letters of Administration is a legal document issued by the Supreme Court of NSW when: A person dies intestate (i.e. without a Will) Has a Will but none of their nominated executors are alive or able to act as executor The purpose of Letters of Administration is to appoint an administrator to collect, manage and…

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WILLS, PROBATE AND WHAT TO DO ABOUT THE ASSETS OF A LOVED ONE WHEN THEY PASS.

When a family member or loved one passes away, the last thing you want to think about are the legal steps required to execute their Will. Wills can be a somewhat complex matter to navigate, so familiarising yourself with the process as early as possible, Will save you a lot of stress later. Before anything,…

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How is unpaid debt handled when a person dies?

It is an occurrence that happens more often than not – a person passes away and leaves unpaid debts behind. For the next of kin that is left behind, they often wonder what happens with these obligations. This often depends on the type of debt and certain laws. The estate of a deceased person, being…

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Family Law for Dads

There’s a stigma that dad’s don’t get a fair go when it comes to family court. Most people think that the female spouse gets more entitlements and advantages. This can be frustrating, and heartbreaking for fathers who are staring down a long, drawn-out court case so they can fight for custody or the entitlements of…

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How to Obtain a Copy of a Will

One of the first steps when determining your legal position on estate disputes is often looking at the terms of the Will in question. But how do you obtain a copy of the Will if you aren’t the executor of the estate? There are many people that are in positions that are entitled to access…

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Estate planning for blended families

In Australia alone, one in three families are blended. These families are typically a result of adoptions, separations, divorces and remarriages. More than ever, it’s important for partners in blended families to seek an experienced estate lawyer to ensure that probate goes smoothly when one of them passes. Since there are many variables, an expert…

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What workers need to know about employment law before starting their new job

Even though our job makes up such a significant part of our lives, most employees don’t know what rights and legal entitlements are until something goes wrong and they have to take their employer to court. Employees need to know their entitlements from contractual, Award and legislative standpoints. Employment law helps safeguard employees from being…

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How social media can affect your personal injury or workers compensation claim?

Social media is a big part of our lives. It hosts a wellspring of accessible information, especially when it comes to legal cases. This is, however, a catch 22, because it can allow lawyers to access supplementary information that can determine whether you win or lose your case. Social media can be used for and…

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What is the difference between TTD and TPD claims?

New superannuation laws came into effect from 1 July 2019. The new laws brought about several changes, including automatic cancellation of insurance for inactive accounts. These changes may have left you wondering what insurance is actually provided through your superannuation account? Those contributing to a superannuation fund are usually covered for total and permanent disability…

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How to Apply for Probate

When a loved one passes away, the act of administering their estate can be a complex process. If the deceased had a will, the process often starts with a ‘Grant of Probate’.  What is probate? Probate is a court order that validates a deceased person’s will. Probate is said to be ‘granted’, and when this…

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Managing medical costs after a motor vehicle accident

Managing medical costs after a motor vehicle accident

A motor vehicle accident can result in significant injuries requiring immediate and ongoing medical support. Medical expenses after a motor vehicle accident can be costly and knowing what can be claimed, from who, and for how long is often complicated.  What medical expenses can be claimed after a motor vehicle accident? Reasonable and necessary medical…

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How is a professional executor paid for their services?

It is common practice for individuals to appoint their children or other dependants as executors of their estate. Overseeing the distribution of a deceased estate involves a significant amount of time and work on the part of the executor. The responsibilities of such a task can weigh heavily on someone who has no experience in…

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Dealing With Claims For Domestic Care + Assistance – Taylor & Scott

In cases of personal injury, attention is often given to medical expenses and loss of earnings, but those who have been seriously injured will generally require help in all areas of their lives. What is domestic care and assistance? A claim for domestic care and assistance covers the cost of everyday tasks that an injured…

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Common misconceptions about estate planning

In 2018, comparison site finder.com.au conducted a survey and found that 52 per cent of Australian adults do not have a will. 34 per cent of Australian adults simply haven’t got around to it, but then there are many who hold misconceptions about wills and estate planning. In this blog, we tackle those common misconceptions….

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Benefits Of POA + Enduring Guardianship Documents – Taylor & Scott

Giving someone the ability to take control of your life and make decisions on your behalf is a big deal. It’s a decision that places your life in the hands of another. People appoint an attorney and/or enduring guardian for a variety of reasons, including illness, declining mental capacity, or when living abroad. In order…

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What is family mediation and dispute resolution?

It’s no secret that the family law courts are congested, slow and expensive. Alternative dispute resolution processes, such as family mediation, provide a solution for families affected by separation or divorce outside of the court system. What is family mediation? Formal family mediation involves disputing parties and a family mediator or family dispute resolution (FDR)…

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The pitfalls to avoid with DIY wills

Cheap and cheerful “do it yourself” projects can be harmless, but are you willing to take the risk when it comes to distributing your estate? Although a Will is one of the most important legal documents many Australians will ever deal with, DIY Will kits or even homemade wills are common. While making a Will…

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Breaking News – Important policy changes to the health requirement

Andrew Woo, Immigration Lawyer/Registered Migration Agent, discusses the recent important policy changes to the health requirement and their implications for those with medical conditions applying for Australian visas.  The Department of Home Affairs has recently amended its policy guidelines in respect of the health requirements, namely Public Interest Criterion (PIC) 4005 and PIC 4007 in…

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How To Become Eligible For Successful TPD Claim – Taylor & Scott

Injuries that prevent a person from working or earning an income can be devastating and cause considerable concern for what the future holds.  TPD claims, or total and permanent disability claims, are a form of insurance offered by most superannuation funds, which provide a lump sum of financial support that covers medical expenses and loss…

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How to Safeguard your Will from Being Contested

Providing for your family and loved ones is a big responsibility. Many people spend their lives ensuring their loved ones have a roof over their heads, but adequately providing for your family continues even after your working life comes to an end. Carefully planning how your assets will be distributed in the event of your…

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Effect of Social Media Evidence In Family Law Cases – Taylor & Scott

Family law cases for many years have been intensely private matters, but what was once private is now commonly publicised on social media. Those engaged in family law disputes should be aware that what they share online can now make its way into the courtroom too. In family law proceedings, courts are beginning to accept…

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What you can do about Bullying and Harassment at Work.jpg

What To Do About Bullying + Harrassment At Work – Taylor & Scott

  The law recognises that bullying isn’t confined to the schoolyard and sadly workplace bullying is all too common. Workers have a right to work in a safe environment free from bullying and harassment and employers have a duty to ensure these rights are upheld. Workplace bullying is a form of harassment and when it…

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Pedestrian Entitlements to Compensation in a Motor Vehicle Accident

Pedestrian’s Entitlements In A Motor Vehicle Accident – Taylor & Scott

Pedestrians make up the largest group of road users in Australia. Whether you are walking to your car, to the bus stop, or with your dog to the park, at some point in the day you are likely to be a pedestrian. An accident involving a motor vehicle can happen at any time, and when…

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How do you know if you're entitled to workers compensation

Find Out If You’re Entitled To Workers Compensation – Taylor & Scott

  Workers compensation has been operating in Australia for many years. The scheme is backed by the philosophy that Australians who are injured or become sick as a result of their work should be compensated and helped, as much as possible, to return to their previous position. However, legislation surrounding workers compensation in Australia is…

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Woman Getting Divorced

The Timeline for a Divorce and What to Expect

Separation and divorce are more often than not very troubling and stressful times in a person’s life. To cut through the chaos, here is an approximate timeline to help guide you through separation to divorce. The divorce timeline can look like this: 1. Separation period: this period must last a minimum of a year from…

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Is an Inheritance Received After Separation Safe?

Is an Inheritance Received After Separation Safe?

  Inheritance can be treated in different ways when it comes to splitting the asset pool. Some receive an inheritance during their relationship, some during the separation period, and some after the divorce is finalised. When an inheritance is received by a married person, it is likely they will naturally share it with their immediate…

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5 Reasons to Review your Will this Year

5 Reasons to Review your Will this Year

  A will is an important document that outlines how you would like your personal estate to be distributed. A will not only communicates your final wishes but allows you to provide for your family and loved ones in the event of your death. When you create a will, it is not a matter of…

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Personal Injury Claims

The most common type of personal injury claims are those resulting from motor vehicle and workplace accidents. However, there are many other scenarios where injuries can occur due to negligence or a breach of duty of care, personal injury claim can assist an injured person to recover losses. If you are considering making a personal…

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Personal Injury Rights

A personal injury can occur anywhere and at any time, even through no fault of your own, so it’s worth knowing your personal injury rights. If you have suffered physical or psychological damage due to the negligence of another person or organisation, you have a right to compensation for assisting recovery and achieving a sound…

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Personal Injury Lawyers

If you are considering making a personal injury claim you will require a personal injury lawyer to act on your behalf. Personal injuries can occur on the road, in the workplace, and anywhere else on public or private property, so it’s important to understand your rights and entitlements. In most personal injury scenarios, your Taylor…

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Interim-and-Final-Orders

What can I Expect from Interim and Final Orders in Family Law Court?

Family Law litigation aims to determine how each party conducts itself lawfully after a family separation. This often has to go through the Federal Circuit Court (or Family Court for some more serious and complex cases) due to a breakdown in relationships, or a battle over custody, finances or assets. Before any party can commence…

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Wrongful dismissal

Wrongful Dismissal vs Unfair Dismissal at Work

There are many laws and regulations when it comes to dismissals at work. We aim to clarify what the differences are between wrongful dismissal and unfair dismissal in the workplace. Employees can fairly be dismissed from their place of work due to unsatisfactory performance, or genuine financial and operational reasons of the employer. However, there…

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Pedestrian-Involved-in-a-Traffic-Accident

What Steps Should I Take as a Pedestrian Involved in a Traffic Accident?

Taking on a motor vehicle is no mean feat so it’s not surprising that serious injury can often follow. Despite pedestrians injured in traffic accidents being a fairly common occurrence, it can often leave victims confused as to what to do next. Should you go through the same process as if you were in a…

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What-to-do-if-in-a-Bicycle-Accident

What to do if You’re in a Bicycle Accident: Top Safety Tips

Cycling is excellent for recreation. But riding on the bicycle path in a park is different to riding on the road, sharing the space with other motorists. With just a helmet for physical protection, cyclists and bikers have to be ever vigilant of the traffic around them while maintaining a safe distance from surrounding traffic….

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What to Do if You've Been Attacked or Bitten by a Dog

What to Do if You’ve Been Attacked or Bitten by a Dog

Australians are a pet-loving community, and you would least expect a household family dog to attack someone. However, it’s not uncommon to hear about dog attack incidents flashed on the news, with victims ranging from young children to the elderly. If you or someone in your family has been attacked or bitten by a dog…

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Work injury negligence

Tragic Death of Son on Working Holiday Results in Nervous Shock Claim for Parents

Our clients are the parents of a young man who came to Australia on a working holiday.  On arrival, he and his friend obtained labouring work on a building site. Having secured employment, the boys started worrying about safety on the site. Apparently there was no formal induction onto the site when they started work….

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I’m Leaving My Job And Want To Work For A Competitor. Can I Do That?

Most employment contracts will have some “restraint” or “non-compete” clause, but this will depend on what you did for your old employer, and what you plan to do in the future. Not all restraint clauses are enforceable even if they are written in an employment contract. The answer will depend on the particular clause of…

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Doctor with patient

How Does Informed Consent Work in Medical Negligence?

Everyone has to see a medical professional at some point or the other. On occasion, you or a family member may be told by the doctor that you will require invasive tests or even surgery as part of the treatment. You wouldn’t agree to something you didn’t fully understand, and it’s your treating doctor’s responsibility…

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Uber passengers

What to Do If Injured While Riding in an Uber

The ride-sharing service, Uber, links passengers with private drivers through a smartphone app. Since its arrival in Australia Uber has grown in popularity, embraced by Australians. When you take an Uber, you’re riding as a passenger in someone’s privately owned vehicle, as opposed to a commercially registered and insured taxi for example. You may now…

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Do I Need A Workers Compensation Lawyer?

Anyone who suffers injuries at their workplace can seek workers compensation. NSW employers are bound to have workers compensation insurance to cover themselves and those working for them in such events. Workers compensation is a “no-fault system”, and employer’s negligence does not need to be proven to make a claim. Injuries covered include physical harm,…

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Silicosis threat to trades people

There’s a Rising Threat to Tradies, and it’s Called Silicosis

While most people know about the health hazards of the dust borne disease Asbestosis – caused by exposure to asbestos, there’s potentially not enough awareness about Silicosis. Silicosis is caused by breathing in fine particles of silica, a mineral found in sand, rock and mineral ores such as quartz. This could lead to a life-threatening…

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Noisy work environment causes hearing difficulties

Is a Noisy Working Environment Causing You Hearing Difficulties?

Industrial deafness is an induced hearing loss caused from prolonged exposure to noisy work environments. A range of symptoms could occur, from diminished hearing in one or both ears to temporary or permanent loss of hearing. To make a hearing loss compensation claim it is best to talk to expert compensation lawyers for sound legal…

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Medical Expenses and Pre-Approval

Gone are the days where injured workers could have reasonably necessary medical treatment and later seek to be reimbursed by the insurer. These days, without pre-approval the insurer will not pay for medical treatment, even if such treatment is proposed by the treating doctor and is reasonably necessary. There are however some exemptions to this…

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Work injury damages & workers compensation

Are Work Injury Damages and Workers Compensation Claims the Same Thing?

Getting injured at work can be traumatic and have a lasting impact. How do you know if you satisfy the eligibility criteria to claim compensation? Unlike workers compensation claims which have provisions for weekly compensation, medical expenses and lump sum compensation, a work injury damages claim is restricted to past and future economic loss including…

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Top Questions To Ask Your Personal Injury Lawyer

Accidents can happen at anytime and anywhere – while at work, holidaying overseas, out and about in public places, at the gym or in a motor vehicle. If you’ve been injured due to the negligent actions of someone else and would like to seek compensation for your losses, physical and/or psychological, you need to get…

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Workers Compensation Payments

How are WorkCover Weekly Payments Calculated?

One of the first questions asked by an injured worker is “what will I be paid if I am unable to work to my full capacity?” The answer to this depends on the worker’s earnings prior to injury, their capacity to work following their injury and the amount of time they require off work. Payments…

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Workplace Health & Safety – Where We All Stand

All employees in Australia have a basic right to a safe and healthy workplace and it pays to know your rights. Workplace health and safety (WHS), often referred to as Occupational Health and Safety (OH&S) is the law in place to protect the safety, health and welfare of employees at their workplace. All workers, contractors,…

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Have You or Your Child Been Injured at a Trampoline Park?

Indoor trampoline parks are a fun recreational activity for all ages and fast becoming a popular choice for kids’ birthday parties, school excursions and weekend activities. These parks are usually made up of a series of interconnected trampolines that are built into the ground, with added foam and padded areas to land on. That means…

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Binding Financial Agreements Explained

When considering marriage or entering into a de facto relationship, a Binding Financial Agreement (“BFA”), sometimes known as a ‘pre-nup’, can be a practical and effective way to safeguard your assets and avoid the potential emotional and financial cost of a relationship breakdown. But what makes BFAs contractually binding and can they be overturned by…

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Have You Ever Been Injured in Your Rental Property?

With rising property prices it’s no surprise that more and more people are opting for rented accommodation. But what happens if as the tenant, you’re injured by fire because of a faulty smoke alarm or if your child is hurt because of a damaged pool fence or you slip and fall in the mould-covered outdoor…

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Returning to Work After An Injury

One of the main goals of the workers compensation system is to return injured workers to the workplace in a safe and durable manner. Due to the serious nature of some injuries not all workers are able to return to the workforce. However in situations where a worker has the capacity to return to work,…

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When Can Your Child Decide Which Parent They Live With?

The breakdown of a relationship can be a time of intense emotional turmoil and even more so when there are children involved. Taylor & Scott’s accredited specialist in Family Law, Mark Youssef, answers what remains one of the most commonly asked questions in parenting disputes: when can your child decide which parent they live with?…

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The Hidden Loopholes of Travel Insurance

If you’re getting ready to jet set then you’re probably busy ticking items off the travel ‘to do’ list, and any list wouldn’t be complete without a reminder to take out travel insurance. For many Australians, it is essential to have travel insurance, well before they fly. And rightly so, travel insurance gives travellers peace…

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Industrial Deafness

Industrial deafness is a progressive condition that generally affects hearing at high frequencies. It happens over a period of time as a result of prolonged exposure to a noisy working environment. A worker who is suffering from industrial deafness may have difficulties: communicating on the telephone hearing the television or radio without having the volume…

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The Debate on Short-term Holiday Letting Laws

For many years short-term holiday rentals, at least in Australia, were limited to desirable holiday locations and sleepy coastal towns. The rise of Airbnb and other online letting agencies has changed that with more and more homeowners cashing in on short-term holiday letting. Properties up for rent range from inner city units right through to…

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Injuries at the Gym – Are you Entitled to Compensation?

Headlines were made in late March this year when it was revealed Silverchair drummer Ben Gillies is suing a Melbourne gym after he suffered a serious injury while training there. The famous drummer seriously injured his shoulder after his trainer allegedly insisted he lift a weight which he claimed was too heavy. The injury has…

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What are your Rights as a Grandparent?

Becoming a grandparent is a joyous occasion filled with excitement. Meeting their grandchild for the first time is a moment that many grandparents won’t forget. Unfortunately relationships between grandparents, their adult children or partners, and consequently their grandchildren are not always easy. While some grandparents are afforded every opportunity to bond with their grandchildren, there…

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Medical Appointments and The Role of The Employer Representative

Injured workers are required to have a nominated treating doctor. This is the doctor (a General Practitioner, not a Specialist) who will be responsible for supplying the injured worker with the Certificate of Capacity and participate in the management of the claim and the return to work process. Some employers will try to push injured…

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Have You Been Injured on your Overseas Holiday?

Injuries can happen anytime, anywhere, even while you’re taking it easy on an overseas holiday. From a simple trip and fall in the grounds of a resort to joining in local adventure or leisure activities, all can lead to a serious injury. Unfortunately the cost of sustaining an injury overseas comes at a far greater…

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Psychological Injuries – Workers Compensation Claims

Psychological injuries can be the hardest of injuries to prove. Often they involve a number of events over a period of time and evidence is limited as it is often one person’s word against another. Even when there are witnesses, these people are reluctant to become involved due to concerns for the repercussions that may…

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Working on an Australian Student Visa – What are the Rules?

Each year thousands of students arrive in Australia on Australian student visas. This visa allows students to stay in Australia while they are studying a course that is registered under the Commonwealth Register of Institutions of Courses. Before a student visa is granted, the applicant must be accepted to a course and meet certain criteria,…

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What Should you do after being Injured in a Cycling Accident?

Cycling is more popular than ever, with many commuters choosing to cycle to work in an effort to avoid increased traffic and improve their general health and wellbeing. On the weekend, cyclists take to the roads to enjoy this leisurely pastime. Roads and traffic authorities continue to accommodate the growing number of cyclists on the…

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How Does a Court Determine your Property and Financial Settlement after Divorce?

When you and your partner go your separate ways, it’s rarely an easy task to divide your assets. Splitting assets evenly down the middle may seem like the obvious solution, but there are many factors that should be considered when deciding on a just and equitable property divorce settlement. While some couples will readily agree…

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Reporting of Injuries When Injured at Work

If you are injured at work, you should report your injury to your employer as soon as possible. When reporting your injury, it is important that the date of injury, nature of the injury and how the injury occurred are correctly recorded. We also recommend that you obtain a copy of the report of injury…

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5 Things You Should Know About De Facto Relationships

The proportion of adults in de facto relationships has seen a steady increase in recent years. A de facto relationship is defined in the Family Law Act 1975 as a couple living together on a genuine domestic basis, many couples may not even realise their relationship has been given a label and how that label…

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Journey Claims Under The Workers Compensation Laws in NSW

Under current legislation, workers, excluding coal miners, police officers, paramedics, fire fighters or emergency services volunteers, are only entitled to make a claim for workers compensation for injuries sustained on a journey if there is a “real and substantial connection to employment”. A worker is considered to be on the journey to and from work…

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Have you been Affected by Professional Negligence?

A professional should be just that, professional. When we engage the services of a professional in any area, whether it be financial, legal, medical or other, we trust that they will provide the right advice, and exercise reasonable care and skill when they administer their services. Professionals working in all fields are often required to…

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Do You Need a Migration Agent?

Australia is indeed ‘the lucky country’ and it’s no secret. Each year thousands of individuals from around the world and within Australia apply to live and work permanently in Australia, attracted by job opportunities, lifestyle and a comfortable climate. Australia has a long history of migration and that tradition continues today, but the laws and…

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Medical Negligence Claim

Making a Medical Negligence Claim

Risks are an inherent part of surgery. The decision to go ahead with a surgical procedure will involve weighing up possible dangers with known benefits and achievable outcomes. A patient, in consultation with their doctor, should enter into surgery with all the necessary information, and while Australians have access to high quality healthcare, even standard…

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Significant Changes to Australia’s 457 Visa

  On 18 April 2017, the government announced rigorous changes to Australia’s Temporary and Permanent Employer Skilled Migration Work Visa Programmes. Besides some immediate changes, the 457 Visa will make a way for a completely new Temporary Skill Shortage visa in March 2018. The 457 visa programme has been known to be one of the…

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Changing a Parenting Order

Life rarely stands still, and just as a child grows and changes a parent’s circumstances may also change significantly. A lot can change from the time when an initial parenting order is made and the factors that determined the original parenting order may no longer apply or be relevant. For example the maturity of the…

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Injury Compensation Time Limits You Should Be Aware Of

Compensation law covers a wide range of personal injury matters. When a person suffers physically or psychologically, or dies due to someone else’s negligent actions, a compensation claim can be made. Personal injuries are many and varied, occurring under different circumstances, with the law categorising personal injuries accordingly. For example, vehicle accidents and workplace injuries…

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What Does it Mean When You Sign a Liability Waiver?

You’re about to participate in a recreational activity, perhaps the excitement is building, but before you can begin you’re being asked to sign a document with the phrase ‘in case of injury or death’ – talk about a buzzkill! Seeing the word ‘death’ in any context can be alarming, let alone before you embark on…

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What Does the Law Say About Redundancy?

‘It’s not you, it’s me.’ It’s the break-up one-liner you never want to hear, but when it comes from your employer such an excuse needs to be justified. What is Redundancy? When an employee is dismissed because their job is no longer required, or where the employer becomes insolvent or bankrupt, the employee is said…

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Tips for Buying a Block of Land

Purchasing a block of land represents an exciting opportunity for buyers. It’s a chance to let the imagination run wild. Choosing land instead of an existing house gives families and couples, both young and old, an opportunity to create their dream home from the ground up! Shopping around for the perfect block of land may…

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New Requirements For Partner Visa Sponsorship

New limitations on approval of sponsorships for various partner visas came into effect as of 18 November 2016. Andrew Woo, Registered Migration Agent here at Taylor and Scott, discusses the effect of the new law introduced with the intention of protecting prospective visa applicants from domestic violence related offenders who may be seeking to sponsor…

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ACT Skilled Nominated Visas – We May Be Able To Help You

In this article, and following a number of successful applications for overseas trained nurses in Canberra, Andrew Woo, Registered Migration Agent here at Taylor and Scott, explains how ACT nomination works to assist those candidates considering the ACT nomination for a skilled nominated (Subclass 190) visa. Based on his vast experience in assisting numerous previous…

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What is a Migration Health Waiver?

Moving to Australia is only possible with an approved visa from the Department of Immigration and Border Protection. There are a range of visa categories and non-Australian citizens are required to hold the correct visa depending on their reason for coming to Australia, whether it be for study, work or simply to live. The visa…

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Medical Negligence Claims in NSW

CIVIL LIABILITY ACT Ordinarily, a claim for damages for personal injuries sustained due to the medical treatment you received in NSW will be governed by the Civil Liability Act. Any such claim is a two stage process. First, the treater/doctor/hospital must be shown to be liable. Only then does the matter proceed to the second…

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Third wave Asbestos Exposure

Third-wave Asbestos Exposure on the Rise

Australians love to renovate. According to the latest research from Roy Morgan, 62% of Australian home-owners did some kind of renovations in the last year, a figure that’s increased 5% over the last three years. Thanks to an endless supply of home renovation shows and online inspiration, the trend looks like it’s here to stay….

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Work Injury Damages Claim

Why Some Work Injury Damages Negligence Claims Take Time to Develop

Here in New South Wales, bringing a claim for negligence against your employer is no easy matter. Unfortunately state governments have over time changed the rules for being allowed to bring a negligence claim. The basic rule to remember is that you may have the most glaring example of negligence against your employer, but in…

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Is Your Workplace Injury the Fault of a Third Party and Not Your Employer?

A workplace injury refers to any injury sustained whilst in the course of employment. Injuries may occur in the environment of the workplace or as a direct result of the work being undertaken. This broad definition means that workplace injuries can occur under all kinds of circumstances and environments, from construction sites to classrooms. Commonly,…

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Helping Your Children Through the Divorce

The decision to separate or divorce is rarely taken lightly, especially when a couple have children and breaking the news to them can be a particularly daunting part of the process. The revelation may come as a shock and, depending on their age, can be met with fear, anxiety and sadness. There’s no question that…

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The Role of an Executor Appointed in a Will

When creating their will, a person (testator/testatrix) will often appoint someone as their Executor. It is the duty of the executor to administer the deceased’s estate in accordance with their will. The Executor may be anyone over the age of 18, but is generally someone close to the testator such as a spouse, an adult…

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When One Spouse Reduces or Tries to Reduce the Asset Pool

All too often in Family Law, lawyers as well as the court are faced with circumstances where one party tries to thwart their former spouse’s entitlements to a just and equitable property settlement by decreasing the size of the net asset pool available for division. Imagine this by way of example:   We have seen…

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Has Your Insurance Claim Been Rejected?

Life is unpredictable. Accidents happen, misfortune strikes and sometimes we are at the mercy of Mother Nature. For most Australians, insurance is a necessity, and prepares them for any number of unfortunate events. From car accidents and natural disasters to personal injuries and income protection, you can insure almost all aspects of your life, including…

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Child Support Agreements Explained

The law relating to child support was put into place to ensure that children are adequately supported by both parents and recognises they have an obligation to financially support their children. For most parents, child support will be determined for them in a child support assessment, issued by the Commonwealth Department of Human Services. However,…

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Is Someone Liable for Your Allergic Reaction?

Food allergies in Australia are on the rise. Over the last 15 years the incidence of food allergies has increased, affecting one in 10 infants and two in 100 adults, according to Allergy & Anaphylaxis Australia. Common food allergies include egg, cow’s milk, peanuts, tree nuts, sesame, soy, wheat, fish and shellfish. Many children will…

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Separating or Divorcing? Top 10 Tips to Get You Through It

January is often known as “Divorce Month” in Family Law circles. Anecdotally, we often find many people make the decision to separate or formalise their separation in or about January. Whether it is due to the stress of the festive season or a New Year’s resolution, no one quite knows. The decision to end a…

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I’ve Been Injured in a Taxi

Recent New Year’s celebrations would have seen many party-goers opt for a taxi, unfortunately, taxi drivers in Australia often suffer a bad reputation among passengers and even other drivers. While many taxi drivers offer a valued service and see passengers from one place to another without a problem, there are those drivers whose erratic driving,…

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Why You Should Always Formally Finalise Your Financial Relationship

This is why it is important to formally finalise your financial relationship when your relationship is over… In a recent case, the Full Court of the Family Court of Australia (i.e., the appeal court) allowed a wife to pursue a property settlement some 18 years after she and her husband were divorced. Generally, if you…

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What is a Nominal Defendant Claim?

Fault is at the centre of most compensation claims. When it comes to motor vehicle accident compensation, the law requires the existence of an at-fault party in order to award compensation. Problems arise when the offending vehicle leaves the scene of an accident, before they can be identified or fails to even stop after they…

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What is Adult Child Maintenance?

Unfortunately, raising a child comes with a price tag. Statistics on the cost of raising a child from birth to adulthood are often thrown around, ranging anywhere between $400,000 and $800,000 for two children. For many parents, supporting their children doesn’t stop when they turn 18. While legally they can vote and consume alcohol, most…

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Personal Injury Compensation: What is Included and How is it Calculated?

A personal injury can change the course of one’s life. Unfortunately, it is rarely, if ever, for the better. Compensation exists to restore an injured party, as much as possible, to their previous position. In cases of compensation claims, consideration is given to an injured person’s predicted life trajectory and how such a path has…

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A ‘He Said, She Said’ Motor Vehicle Accident

“You ran into the back of me!” “No, you “cut in” front of me!” Wouldn’t it be lovely if we lived in a world where everyone told the truth? Unfortunately the truth is often hard to find. Conflicting truths battle it out in a game where victory is never really certain. In the case of…

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Is Your Disease Considered Work-Related?

The concept of causality, or cause and effect, is simple to understand, but in the medical world, where the effect is often apparent well before the cause can be uncovered, things aren’t so simple. It can take time for scientific research to catch up and explain the causal link between disease and certain behaviours or…

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How Does the 457 Australian Work Visa Work?

  Australia has long been a nation of immigration. According to the Department of Immigration and Border Protection the purpose of migration is to build the economy, shape society, support the labour market and reunite family. As a result, Australia’s migration programme is underpinned by an ever-changing legislative and regulatory framework to meet this purpose….

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Have You Been Injured by a Faulty Product?

Tech giant Samsung has recently found itself in the spotlight for all the wrong reasons. Just like something from the pages of a Harry Potter novel or a self-destructing, Mission Impossible message, Samsung’s Galaxy Note 7 Smartphone is spontaneously bursting into flames. With no telling when or where the product might suddenly ignite, it’s no…

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Changes to NSW Strata Laws – What Do They Mean for You?

  Reforms to the Strata Management Act will come into effect at the end of next month on 30 November 2016. The changes will affect a significant proportion of the population, with more than a quarter of NSW’s population living in, owning or managing strata properties. There are more than 90 changes, many of which…

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What is Spousal Maintenance?

And they lived happily ever after…or did they? Unfortunately, not all love stories have a fairy tale ending. Relationship and marriage breakdown is common, with statistics showing that 1 in 3 marriages in Australia end in divorce. Children, property and assets all need to be considered when a couple choose to go their separate ways….

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Nursing Home Neglect – Has Someone You Love Been a Victim?

Elderly people, especially when living alone, face many risks and require the help of others to keep them safe. Frail bones, illness and dementia can all contribute to accidents in the home, where even small accidents can have a big impact on the health and wellbeing of an elderly person. Relatives with full-time jobs, or…

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How Can You Challenge a Will?

  Considerable time and thought is given to the planning of a Will. For most people, putting together their Will is an important way to provide for their family and ensure the division of assets in a way that is fair and meaningful. Ideally, a Will should be updated regularly to account for changing circumstances,…

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Am I in a De facto Relationship?

In the modern world of love and relationships it’s not ‘official’ until it’s ‘Facebook official’. The change from ‘Single’ to ‘In a relationship’ heralds new found love to friends and family, attracting a flurry of activity on the social media platform. For many couples, their status remains ‘In a relationship’ unless they move to ‘Engaged’…

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Have You Been Injured on Public Transport

With a rising population and roads that can barely keep up, driving to and from work every day can be a nightmare on the busy roads in New South Wales. Traffic, combined with high petrol prices, increasing tolls and the cost of parking has lead many people to rely on public transport for their daily…

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New Verification of Identity Requirements are Changing the Conveyancing / Property Transaction Process

Buying and selling property is equal parts tense and exciting. For a first time buyer it’s a whole new world of real estate terms, mortgage documents and big decisions in what is the most expensive investment they’ll probably ever make. For a first time seller, the process of putting a property on the market, meeting…

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Changes To Motor Accident Laws

The New South Wales Government recently announced proposed changes to the NSW Greenslip Scheme. Click here to see the proposed changes. The Government wants to move to a partly no-fault scheme. This will be similar to the Workers Compensation Scheme here in NSW. There is only one way to fund such a scheme without increasing…

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Advantages of a Prenuptial Agreement

‘Hey soon-to-be spouse, do you want to sit down and discuss what will happen with our assets if we break up?’ It’s hardly the most romantic request in the world, especially when you’re about to tie the knot, but discussing these issues at the beginning of a marriage can prevent significant conflict in the future….

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Making a Medical Misdiagnosis Claim

‘If symptoms persist, see your doctor’. It’s age old advice from the back of a medicine bottle and it would serve the reader well to follow. Making an appointment with a doctor when you are sick or for a regular checkup is the responsible thing to do, and few would argue with the welcome relief…

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Have You Been Injured as a Passenger in a Motor Vehicle Accident?

  ‘Can you drive me home?’ ‘Sure, jump in.’ It’s a typical exchange that takes place any given night of the week, after a game of sport, at the end of a work day or at a party on the weekend. This casual conversation, filled with familiarity, is barely given a second thought. Few passengers…

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What Can You do if Your Child is Injured at School

What Can You Do If Your Child Is Injured At School?

  The first day of school is fraught with emotion for both children and parents. The gravity of such a milestone often weighs heavily on a parent who leaves their child in the care of someone else for the very first time. As the years go by, kiss and drop off at the front gate…

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Dealing with Bullying in the Workplace

  The topic of workplace bullying has received a lot of attention in recent years. Society recognises that bullying doesn’t end in the school yard and those same bullying behaviours can take place in the workplace too. Workplace bullying presents a serious threat to the health and well-being of workers both physically and mentally. It…

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What is Workplace Health and Safety?

  Workplace health and safety or occupational health and safety are terms that can be thrown around rather loosely. Often heard interspersed with grumblings about rules and fun police accusations, these policies and legislation actually play a crucial role in protecting both Australian workers and businesses. It’s important that all workers are aware of what…

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Motor Vehicle Accidents on the Rise

  It goes without saying that ‘accidents happen’, especially on the roads. Whether you drive a little or you drive a lot, getting behind the wheel puts you at risk. Even careful drivers are at the mercy of not so careful drivers when they are out and about on the road. Despite tighter road safety…

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Changes to your rights for Motor Vehicle Compensation in NSW

Last week the NSW State Government announced a complete overhaul of the legislation surrounding motor vehicle accident compensation. The proposed changes will see Compulsory Third Party (CTP) Motor Accident Insurance, which has been in place since 1942, replaced with a hybrid no-fault scheme as early as July 2017. The new scheme will introduce a number…

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Some Alarming Statistics About Slips, Trips and Falls

Slip and fall accidents are the kind of accidents no one really wants to talk about. Victims often feel like people blame them for not paying attention. Many victims are elderly or young children who can’t advocate for themselves. They may not have the capacity to understand what exactly happened. As a result, many accidents…

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The Divorce Process: What You Can Expect

If you’re thinking about filing for divorce, you already understand the emotional toll it can take. Hopefully, having a bit more information about the terminology and the process can ease your anxiety. In Australia, getting a divorce is treated as a “no-fault” legal process. This means that you don’t have to list or prove the…

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Safe Driving Tips For Bad Weather

We all hope for perfect road conditions and clear, sunny days whenever we go out for a drive but with winter approaching in NSW, the chances are that it will rain, sleet, possibly hail and even snow over the winter months. Being prepared for bad-weather driving is a smart decision. Even slightly-poor weather conditions contribute…

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Slip Trip and Fall

Slip and Fall At A Shopping Centre: Who’s Responsible?

Going shopping is something almost everyone looks forward to. Some people even make an event out of it, traveling some distance to shop at an exclusive mall. Whether you’re grocery shopping at your local supermarket, dining in a restaurant, picking up supplies at the paint store or scoping out fashion trends for the upcoming season,…

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Custody Rights: 5 Things Recently Separated Parents Should Know

If you and your spouse or partner have recently separated, your life is stressful enough. Worrying about what will happen to your children can make it more difficult. Surround yourself and your children with supportive friends and family and keep their routines intact as much as you can. If you are in physical danger, contact…

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5 Things You Should Know About Workers Compensation

The workers compensation system throughout NSW is very complex. It provides a much-needed safety net for workers who are injured at work. Although the Workers Compensation scheme is supposed to be easy to use, it is not. The scheme is filled with deadlines and special requirements that you need to be aware of. In fact,…

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Do You Know What To Do After A Car Accident?

Fatal accidents across the nation are increasing. It’s a dangerous trend that the Department of Infrastructure and Regional Development has documented and noticed. As a group, “drivers” involved in motor vehicle accidents saw the largest increase in fatalities and serious injuries. Yet passengers, cyclists and pedestrians also are increasingly at risk of being killed on…

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Taylor & Scott’s Managing Partner Gervase Liddy Featured On SBS FINANCE

Taylor & Scott’s Managing Partner Talks About Business And Taxes Last year, small businesses benefitted from a $5.5 billion jobs and small­ business package. The government tax changes allowed an immediate write­off of assets under $20,000 and a reduction in the small business tax rate. Gervase Liddy, our managing partner, explained that these changes allowed the firm…

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Injured On Private Property? Public Liability Insurance May be the Answer

When you shop at a store or visit your doctor’s office, you expect the premises to be safe. If it isn’t and you’re injured, you should be compensated. The same is true when you go to a friend’s house. You assume that the place is safe and that you will not be hurt. No one…

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Number Of Asbestos-Related Cancers Still Increasing

Asbestos  Continues Its Deadly Attack On Unsuspecting Victims Mr. Fluffy Insulation -Don’t let this innocent-sounding name fool you. Asbestos is one of the most dangerous insulation products ever produced. It is a leading cause of terminal lung cancer and other exposure-related diseases. And, unfortunately, Australia has the highest per-capita rate of mesothelioma in the world….

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Australian Workplace Laws That Protect 457 Visa Holders

Through the Department of Immigration and Border Protection’s Temporary Work (Skilled) Visa (Subclass 457) program, an approved sponsor may nominate specifically skilled foreign workers to work for the sponsoring employer. When the nominations have been approved and those skilled workers have been granted 457 visas, they can then work for the approved sponsor. Foreign workers,…

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What Are Your Risks Of Buying “Off The Plan” Property?

Firstly, What Does Buying “Off The Plan” Mean? When developers build new homes and apartments, they will often offer a discount if you pre-purchase the property. You can purchase before the project breaks ground or during the construction process. Buying a property this way is known as “buying off-the-plan.” There are risks and benefits to…

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Don’t Let A Car Breakdown Ruin Your Holiday

It is always important to maintain and service your vehicle. It is even more important if you plan to take a road trip. More people than ever before are travelling by car on holiday weekends. The weather is often unpredictable and drivers routinely speed to arrive at their destinations on time. Either of these factors…

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No Peace Of Mind For CommInsure Customers

Many hardworking Australians purchased life or trauma insurance from CommInsure, a division of Commonwealth Bank. These people, including some of the company’s loyal employees, trusted this well-known company to take care of them if they became terminally ill, suffered life-threatening trauma like a heart attack, stroke or were unable to work due to injury or…

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What Do You Need To Know About The New Cycling Laws?

What Are The New “Cycling Laws”? As of March 1, 2016, new laws come into effect that intend to provide a safer environment for cyclists and motorists alike. Although they apply only in NSW, similar provisions are already in place in Queensland. The laws contain safety measures that you must observe while driving or riding on the roads…

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Here Are Five Things To Watch Out For When Retaining A Lawyer

There will always be litigants in the Family Law Courts who choose to represent themselves, not because of financial constraints, but because they feel they can do it better themselves. It is heartbreaking for a lawyer to sit at the back of a courtroom, while waiting for their client’s matter to be called, and watch as a self-represented…

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Considering Divorce? Here’s What You Need to Know About Australian Family Law

Common Divorce And Family Law Matters Family and divorce lawyers help resolve a variety of questions and disputes related to ending a marriage or domestic relationship. Family lawyers can also advise you on related matters like prenuptial agreements, paternity and domestic violence in the context of a family law or divorce situation. Generally, parties must…

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If You’ve Been Hurt In A Car Accident, You May Be Entitled To Financial Compensation

A Serious Car Accident Can Change Your Life Forever A motor vehicle accident usually involves at least one motorized vehicle like a car, truck, tractor-trailer, bus or motorcycle. Yet, serious single and multiple-car accidents can also happen when a car or truck, for example, collides with a pedestrian, cyclist or animal crossing a road. The…

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Lodging A Workers Compensation Claim For Workplace Accidents

Workplace Accidents Are All Too Common Accidents happen, despite the best precautions you and your employer may take to avoid them. Fortunately, there are many schemes at the local, state and federal levels designed to protect workers. This includes those who are injured in the workplace, including commuting to their job sites, or who have…

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When Does A Personal Injury Become Personal?

When Does a Personal Injury Become Personal? How Not to Take Your Personal Injury Personally A Personal Injury is Not a Personal Matter but a Legal One Just What Exactly Is a Personal Injury? Put simply, a personal injury arises when you’ve been affected by someone’s actions in a way that has caused physical or…

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New Rules For Bike Riders

The NSW Government is introducing new rules and fines for bicycle riders. New rules are being introduced in an effort to save lives and limit the serious injuries that occur to bicycle riders on our roads. In NSW, approximately 11 bike riders are killed each year and approximately 1,500 are severely injured. Bike riders –…

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Bike Riders – It’s Time To Carry ID

New rules will apply to bike riders from 1st March 2016. If you are riding a bicycle and you are over 18 years of age, you will be required to carry photo ID (bike riders will have twelve months to adjust to this new rule before fines will be imposed). If after 1st March 2017…

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Bike Riders – Be Warned About Increased Penalties For Bicycle Offences

Increase in Fines There will be a dramatic increase in fines here in NSW for bicycle riders who breach the following offences: Not wear helmet, current fine $71. This will increase to $319. Not stopping at a red light, was $71. This will increase to $425. Riding your bike in a dangerous manner, was $71….

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Car Drivers – Stay Clear Of Bicycle Riders

From 1st March 2016, drivers of motor vehicles here in NSW must maintain a distance of at least 1 metre when attempting to pass a bike rider where the speed limit is 60 k.p.h or less. They must maintain a distance of 1.5 metres when the speed limit is more than 60 k.p.h. If you…

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