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News

  When Justice is Significantly Injured
[Injury Law]
Do the "significant injury" provisions of the Wrongs Act conflict with the Victorian Charter of  Human Rights and Responsibilities? Since the amendments to the Wrongs Act 1958 (Vic)1 in 2003, Victorians are now significantly restricted in respect to bringing claims for non-economic loss suffered as the result of the negligence of another party. Under s28LE of the Wrongs Act, a plaintiff can make a claim for non-economic loss (pain and suffering damages) only if they have...
  Spring Clean Your Business Flyer
[Injury Law]
 It's time for you to Spring Clean Your Business. Click here for details....
  Harry Gill Amendment Article
[Injury Law]
Harry Gill Amendment Article    Until 5 April 2010, WorkCover claimants had their income support weekly payments immediately terminated once their claims for negligence against their employers or other parties from incidents at work were resolved. Yet, they did not receive the often substantial lump sum benefit from this negligence claim for several weeks thereafter. This posed a significant short term problem for these workers who had to find a way of surviving those...
  One million reasons for good judgment
[Injury Law]
Poole v Evans, Unreported, Melbourne County Court, 30 May 2000  Background On 30 May, 1995 Graeme Poole sustained severe injuries whilst riding his motorcycle on the roadway adjacent to the Royal Botanical Gardens in Melbourne. On 30 May, 2000 Mr. Poole received judgment for damages in the sum of $1,032,500.00 plus retention of benefits already paid under the Transport Accident Act (“TAA”) from the Count Court in Melbourne. It is believed to be the largest...
  The end of an era - Rizza revisited
[Injury Law]
More than 10 years after sustaining the original injury a compensation case is finally settled. By Harry Gill Corrado Rizza sustained a back injury on 11 September 1992 during the course of his employment. His litigation underwent more twists and turns than the average mountain brook, but was finally laid to rest when settlement was achieved on 14 February 2003. While the law governing the case is of little relevance today, the proceeding itself is of jurisprudential interest due to its...
  Warning: the Personal Property Securities Act 2009 (PPSA) is now a reality!
[Commercial Law]
The new security regime took effect from 30 January 2012 and everyone should understand that the changes may affect them. The new legislation can impact your business in a number of ways. For example, if you’re a supplier of goods using a retention of title (Romalpa) clause to protect your business, you must be aware of the effect of the PPSA or you risk losing your rights.  Your terms of trade will no longer protect you. Instead, the PPSA introduces the Personal Property...
  Establishing serious injury under WorkCover
[Injury Law]
 The following is an excerpt from an article in … The long – awaited first Court of Appeal decision regarding the definition of “serious injury” under s134AB of the Accident Compensation Act 1985 (Vic) (the Act) was delivered on 25 February 2005. Section 134AB of the Act essentially governs common law claims for work-related injuries on or after 20 October 1999, when common law entitlements were reintroduced to the WorkCover jurisdiction. The appeal...
  Common misconceptions about Australian Family Law (Parts 1 & 2)
[Family Law]
  COMMON MISCONCEPTIONS ABOUT AUSTRALIAN FAMILY LAW   Common Misconception #1: Upon the breakdown of marriages and domestic relationships (formerly known as de facto relationships) assets are split 50:50   This is a common misconception about how assets are adjusted if a relationship breaks down.   When a couple separates, each of them is not automatically entitled to half of the assets. Instead the provisions of the Family Law Act set out a four-step approach,...