26 09, 2019

Paid Sick Leave and Shift Work

2019-09-26T09:38:28+10:00September 26th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 21 September 2019. Mina owns and runs a business called “Shorelock Homes”, which provides 24-hour security services to resort complexes along the coast. Mina employs Carol as a full-time security guard. Carol works an average of 38 hours per week on a 12-hour shift rotation. Mina ensures Carol is paid the correct penalties and loadings in accordance with the applicable Modern Award (Security Services Industry Award 2010). […]

30 08, 2019

Did You Know: Ticli Blaxland has a new Principal?

2019-10-10T10:29:56+10:00August 30th, 2019|

We are pleased to announce James Blaxland as a new Principal of Ticli Blaxland Lawyers, joining existing Principal, Manny Wood.     James is honoured to continue the work of such a respected firm that is renowned for the exceptional legal services it has provided to the Coffs Harbour area for almost 80 years. […]

29 08, 2019

Putting the dead on trial for child sexual abuse

2019-09-12T16:45:09+10:00August 29th, 2019|

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 24 August 2019. In 1979, Lisa was ten years old when she fell victim to sexual abuse perpetrated by her uncle. Unbeknownst to anyone, Lisa endured the abuse for over five years before relocating to another state with her family. Unfortunately, Lisa’s trauma was so severe that she underwent years of counselling. It was not until 2016 that she confided in a friend about her past trauma and found the courage to report her uncle to police, who eventually charged him with several counts of child sexual abuse. Lisa’s uncle died in May 2016 before the criminal [...]

22 08, 2019

Estate claim following property settlement agreement

2019-08-22T11:04:37+10:00August 22nd, 2019|

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 17 August 2019. Robert married his second wife, Christine, several years ago. He makes a will leaving the whole of his estate to Christine. Five years later, Robert’s relationship with Christine breaks-down and they divide their assets. They agree to sell their jointly owned home and to distribute the proceeds of sale equally. A buyer is found and contracts for the sale of the land are exchanged. Robert tells his two children to a previous relationship, that he is making a new will and that they will receive the whole of his estate. […]

15 08, 2019

Family Law Appeal

2019-08-15T10:50:46+10:00August 15th, 2019|

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 10 August 2019. Harry purchases a half-interest in a farming property from his father in 1975 for $25,000. Harry meets Sally in 1990 and they have three children together. Harry is the primary breadwinner and Sally fulfils the role of homemaker. In 2010, the farm is rezoned for residential use which substantially increases its value. Unfortunately, in 2015, Harry and Sally separate. In 2017, Harry sells the farm for $10 million. […]

7 08, 2019

Damages claimed for injuries with pre-existing symptoms

2019-08-07T15:21:14+10:00August 7th, 2019|

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 3 August 2019. Jason is a self-employed brick cleaner. He owns a ute and all the tools required to complete his work, including a generator needed to power the hose for spraying bricks with hydrochloric acid. While lifting the generator into his ute, Jason injures his lumbar spine and requires physiotherapy for twelve months. He initially ceases work but slowly returns over the twelve-month period. Six weeks after Jason returns to full-time work, he is contracted by Gary on the construction of a two-storey house. While working on scaffolding in the early morning, Jason loses his balance [...]

1 08, 2019

Did You Know: Passengers in car accidents should be aware of ‘contributory negligence’?

2019-08-01T11:03:49+10:00August 1st, 2019|

Motor vehicle accidents can be distressing for all parties involved, particularly passengers who through no fault of their own, fall victim to the negligent driving of others. Passengers who have sustained injuries in a motor vehicle accident are entitled to make a claim for statutory benefits and in some circumstances, a claim for common law damages under the NSW compulsory third party compensation scheme. […]

1 08, 2019

Failure to diagnose malignant melanoma

2019-08-01T10:56:36+10:00August 1st, 2019|

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 27 July 2019. Allan attended his General Practitioner complaining of a painful, darkly pigmented lesion on the sole of his right foot. The doctor diagnosed the lesion as a plantar wart and administered cryotherapy. Over the next two years, Allan was treated for a plantar wart by several doctors, before a biopsy revealed the lesion was in fact a malignant melanoma. Distressed about the news, Allan underwent urgent removal of the lesion. Unfortunately however, the melanoma had metastasised by this stage and Allan was diagnosed with stage 4 melanoma. […]

1 08, 2019

Did You Know: There are hidden guarantees in consumer transactions?

2019-08-01T10:51:34+10:00August 1st, 2019|

Whenever you purchase goods or services as a consumer, there are built-in guarantees designed to protect you. These guarantees apply regardless of any written contract or terms and conditions applying to the transaction. A person, or a business, will be considered a consumer if: […]

31 07, 2019

Did You Know: Your executor can make a claim against your estate?

2019-07-31T13:01:04+10:00July 31st, 2019|

Executors can apply to the Supreme Court for a payment for their “pains and troubles”. This payment is called commission. Commission is awarded at the discretion of the Court and based on the complexity of the estate and the value of the assets. Commission is normally around 2% of capital realized. […]

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