Gifts and other transactions that you make during your lifetime can be overturned after your death? If your will is challenged by way of a family provision claim, the court has broad powers to “claw-back” transactions that occurred before your death. The powers of the court extend to transactions that took effect within 3 years before the date of death and transactions that took effect at your death and after your death. […]
A Prison Authority was found negligent for failing to prevent the assault of a convicted rapist by other inmates. The Supreme Court of NSW has recently found that a prison authority was negligent when it failed to prevent an attack against a prisoner by other inmates. The prisoner was on remand awaiting sentencing for sexual […]
There are important legal and insurance issues that relate to the purchase of low-cost motor vehicles? It is often the case that people do not consider the legal ramifications of insurance and title relating to low cost motor vehicles. The issue of low cost motor vehicles is particularly relevant to people on low incomes and young people buying their first car. […]
Motorists injured in car accidents may be missing out on their full compensation entitlements? If you were seriously injured in a car accident after 1 December 2017, you may have lodged a compensation claim with the Compulsory Third Party (CTP) insurer of the driver at fault. The CTP insurer may have reimbursed you for your reasonable and necessary treatment expenses and a portion of your loss of wages resulting from the accident. […]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 25 May 2019. Michael decides to rent his two-bedroom home to Elizabeth. Michael does not inspect the property for any dangers nor does he retain a builder or handyman to inspect the property. The property has a rear deck that is 1.5 m above the ground. Unbeknown to Michael, the deck railing contains rot, which was not evident from a casual visual inspection, as there was paint covering it. A few days after Elizabeth moves into the property, she leans against the railing and it gives-way. Elizabeth falls onto the concrete path below and severely injures her [...]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 18 May 2019. Olivia purchases a second-hand vehicle for $5,000. Olivia makes enquiries with a number of insurers in relation to obtaining comprehensive insurance but considers that the premiums are too expensive given the value of the vehicle. Olivia is aware that she obtained third-party personal injury insurance as a condition of the registration of the vehicle and believes that this is sufficient. Unfortunately, Olivia is driving home one evening and fails to see a late model Mercedes-Benz in front of her and collides with the rear of the vehicle. […]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 11 May 2019. Josh, warehouse storeman, severely injures his spine when he lifts a 60kg crate full of electrical components. Josh proceeds through the Workers Compensation process and eventually commences proceedings in the District Court against his employer for negligence. The employer claims they are not liable for negligence because Josh breached their policy against lifting anything above 20kg without assistance, and that Josh knew his actions were unsafe. Josh claims that he and other employees were routinely expected to lift greater weights than 20kg and that he did not know the weight of the crate of [...]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 4 May 2019. Olivia, 23, has been working part-time while studying at high school and university. She has been able to save enough money to purchase her first car. Olivia makes enquiries with her local car yards but finds that the cost of the cars are out of her price-range. Olivia finds a vehicle on Gumtree that is within her budget and she negotiates a sale price of $5300 with a private seller. Olivia inspects the registration papers and the seller’s drivers licence and ascertains that the seller is in fact the current owner of the vehicle. [...]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 27 April 2019. Barry has a credit account with his local convenience store. When Barry attends the store to pay part of his account, the store owner, Mr Brown hits Barry with a wooden table leg. Barry suffers injuries to the left side of his head resulting in profuse bleeding. Barry is taken to hospital by ambulance and is diagnosed with facial fractures and the loss of vision in his left eye. The eye does not recover and Barry remains blind in that eye, which still bleeds and causes him pain and headaches. He runs into things [...]
If you don’t have a will, your de facto spouse gets around $470,000 out of your estate plus all of your personal effects and half of anything left over. If you do not have a will, your estate will be dealt with under the “rules of intestacy”. Section 106 the Succession Act 2006 states that your spouse, whether you are married or whether you have a de facto spouse, receives a lump sum of $476,551.31 plus all your personal effects and half of the rest of your estate. […]