Apart from motor vehicle accidents and work injuries, the Civil Liability Act 2002 governs negligence claims in NSW. Negligence is a principle originally established in common law, but now modified and enshrined in legislation. Essentially, negligence arises when a person does not exercise ‘reasonable care and skill’ whilst conducting their duty of care obligations. It…
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FACTS OF COMPENSATION CLAIM Our client is a single lady working for a large supermarket chain. She is a hardworking loyal employee who has worked for her company for many years. On this particular occasion, our client had volunteered to work over the Christmas/New Year period. Having completed her duties in the particular section she…
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A will can be a very personal thing and discussing its contents may be uncomfortable. You may only wish for certain people to see your will, even when you’ve passed. So who is able to see your will? A person writing their will or ‘testator’ may want to control who can and can’t see their…
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Our client is a young man who loves the outdoors. Having left school, he obtained employment doing various activities most of which were working outdoors. Being a keen sportsman, he loved surfing and tried to head to the beach after work every day. Having pursued a number of outdoor jobs, he eventually secured work…
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Our client was employed at a supermarket. Over the years, she had worked hard and was promoted. She loved her job and enjoyed working. Once her children had grown up and left home, she was able to take on an evening role at the supermarket and again received a further promotion. At one point in…
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Workers’ compensation schemes have been operating in Australia for over a century. While the systems have changed over the years, the goal has always been the same: a worker injured physically or psychologically, or suffering from a disease contracted or exacerbated at work should be compensated for that injury or disease. A work-related injury or…
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Our client spent the whole of his working life laying bricks. He loved his work. Even though he was well past retirement age, he just loved to go to work and build. On this particular day, he was instructed by his boss to assist a team to build a wall. It was a windy…
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Upon the breakdown of a marriage or de facto relationship, the couple will inevitably need to divide their assets and liabilities (such as the family home and mortgage) by entering into a family law property settlement. The assets and liabilities available for distribution, referred to as the “matrimonial property”, include all property in each party’s…
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Legal disputes where two parties do not agree on the facts are commonly described as ‘he said she said’ cases, but where a case involves negligence the term ‘his fault / her fault’ may be a more appropriate description. In cases of negligence, it is up to the injured party (plaintiff) to prove the defendant…
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Our client worked for a Government department here in NSW. She was a hard worker and committed to her job. Unfortunately, she suffered from a medical disability which did not prevent her from performing her duties. Arriving at a new place of employment, she began to experience episodes of ridicule and harassment because of her…
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