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Welcome to our comprehensive guide on the Criminal Law Consolidation Act. In this blog post, we will delve into the details of this important legislation, exploring its purpose, key provisions, application, and recent amendments. By the end, you’ll have a clear understanding of the Criminal Law Consolidation Act and its impact on legal proceedings in… Read More »Criminal Law Consolidation Act

What is a Family Violence Intervention Order? You may be familiar with intervention orders, which are also known by other titles such as AVOs, DVOs, and restraining orders. What you may not realise is that they can have long-term consequences, not just in terms of movement restrictions, but also in terms of child care and… Read More »Family Violence Intervention Orders. 2022 Update

Breach of an AVO Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 makes it illegal to breach or violate an Apprehended Violence Order (AVO). It’s a serious crime with a possible sentence of two years in prison and a fine of $5,500. This is mainly because it includes not only disobeying a… Read More »Breach of an AVO. 2022 Guide

  In this podcast, Criminal Lawyer, Daniel Hannay discusses what is grievous body harm and what are the penalties that apply if found guilty of such an offence. TRANSCRIPT Dan If you’ve been charged with Grievous Bodily Harm, sometimes referred to as GBH. It’s likely you have plenty of questions. To answer them, I’m with… Read More »What is Grievous Bodily Harm?

Take Home Message A character reference is very important in criminal and traffic law matters regardless of which court the matter is being heard. A well-written character reference can positively influence an outcome. With this in mind, it’s important that you know how to write a character reference for court. Most importantly ensure that the… Read More »How To Write A Character Reference For Court

  Did you know that in New South Wales a person can be charged with stalking and/or intimidation? Essentially what is required to bring about a charge of stalking and intimidation in New South Wales is that the relevant person stalks or intimidates someone else with the intention of causing that person to fear physical… Read More »What is Stalking and Intimidation in New South Wales?

What is Self-Defence? Under Australian Criminal law, self-defence is a complete defence from criminal liability. A person may be exonerated from criminal responsibility for causing injury or even death in defence of his person; or defence of property (in a limited extent), or in defence of another person (normally a relative). Note: Criminal law is primarily a… Read More »What is Self-Defence?

Protesting is an essential part of democracy, but it is also important to regulate its occurrence so it doesn’t cause more harm than good. This article explores some of the regulations in place in Queensland and how to conform with them, and should point you in the right direction should you wish to stage a successful protest in Qld.

How to Calculate Redundancy Pay If your business is experiencing financial difficulties or if you no longer need specific team members’ services in a certain function or team, then it’s likely you may be considering redundancy as an option. You must determine each person’s entitlement to redundancy pay in this situation. Notably, the total sum… Read More »How to Calculate Redundancy Pay in Australia. 2022 Update

Best Law Firms in Sydney Choosing the best law firms in Sydney isn’t for the faint-hearted. Law firms, like any business, are made up of people, and in the case of legal practices, the lawyers within them. At Harry Quinn, we crunch the numbers from multiple ranking platforms and give you the best chance of… Read More »Best Law Firms in Sydney

Determining whether a worker is an employee or contractor is possibly one of the biggest HR decisions that businesses need to make. Get it wrong and the ramifications can be massive. In this article, we cover how to determine if a worker is in fact an employee or contractor. There is no hard and fast… Read More »Contractor or Employee? The 2022 Update. What You Must Know

Unemployment may be an extremely difficult period in one’s life. It doesn’t matter if you lose your source of income since the bills you have to pay don’t go away. If you find yourself in this situation, you may be qualified to receive government help until you can find another work that meets your needs.… Read More »What an Employment Separation Certificate? 2022 Guide

Since the enactment of the Fair Work Act (‘the Act’) in 2009, it has been widely understood that senior executives such as Chief Executive Officers (CEOs) are generally not able to take advantage of the Act’s unfair dismissal provisions because of the requirement that those bringing such an action fall under a high-income threshold. This… Read More »When Do Unfair Dismissal Laws Apply to CEOs?

These are tough times. There is no doubt about it. Sadly some businesses may not survive them. This is especially true of businesses that were experiencing financial difficulties prior to the coronavirus pandemic. So what happens if your employer closed? How do you get your entitlements? Keep reading to find out. Business liquidation In many… Read More »My Employer Closed, How Do I Get My Entitlements?

  In this podcast, Dan Toombs discusses the very topical issue relating to the blurred lines between employees or contractors with Employment Lawyer, David Koschitzke of Harris Lieberman.

Distinguishing between an employee or subcontractor relationship in your business is a little harder than most think, hence the exponential increase in businesses of all sizes being caught. Not to mention the advent of the gig economy where businesses can be vulnerable to legal action by virtue of the fact that certain categories of workers… Read More »Employee or Contractor – The Definitive Guide

The National Employment Standards Since 1 January 2010 the Fair Work Act 2009 (Cth) (the Act) has been in operation. This Act applies to the majority of Australian workplaces and regulates the employer/employee relationship. Contained within this legislation are the National Employment Standards (NES). The NES are the 10 minimum employment entitlements that must be… Read More »Workers Rights in Australia

In New South Wales, obtaining a copy of a will can be a complex process that requires a thorough understanding of the legal requirements and procedures involved. This article aims to provide guidance on how to navigate through the necessary steps to obtain a copy of a will in New South Wales. Whether you are… Read More »How to Get a Copy of Will in New South Wales?

Naturally, one of the most frequently asked questions is about the cost of contesting a will (family provision claims). It goes without saying that it often is the first thing that comes to mind. This article will provide a legitimate response to the question, “How much does it cost to contest a will?” We shall… Read More »The Cost of Contesting a Will. 2023 Update

In Australia, the legislation varies by state. However, identical grounds exist throughout the country for contesting wills. We examine some of the critical aspects when it comes to contesting a Will. When Can a Will in New South Wales Be Contested? A will can be contested for a variety of reasons; nevertheless, the most often… Read More »Contesting a Will. The 2022 Complete Guide

When a deceased person’s will is challenged, the Supreme Court of New South Wales (NSW) may appoint an executor to distribute the decedent’s inheritance. It is through the probate process that a disputed will or the wishes of a person who dies intestate (without a Will) is considered by the Court. The Probate Process by… Read More »Probate NSW. What You Need to Know About the Process

While a person’s last will and testament are considered to be an accurate expression of their final wishes, once they have passed it often becomes clear that the beneficiaries of the deceased do not necessarily agree with the fairness of those wishes. Adult children of the deceased, in particular, may believe that the testator (the… Read More »Estate Litigation: the Position of Adult Children in Family Provision Applications

  In this podcast, Dan Toombs talks with Estate Litigation Lawyer, Ann Eagle about everything you need to know if you want to challenge a Will in Victoria. TRANSCRIPT The general rule when making a will is that the testator, that is the person in the will has the right to give his or her… Read More »How a Will Can Be Challenged in Victoria

The ongoing saga of litigation concerning the famed artist, the late John Olsen has taken another new turn this week with the artist launching another legal action to have his estranged stepdaughter to give him (his estate) the money from the sale of Southern Highlands estate reportedly worth over two million dollars. Where Did this… Read More »John Olsen, Karen Mentink and What We Can Learn from Never-Ending Estate Litigation

Discover the ins and outs of paternity testing and disputes in Australia.

Surrogacy and Assisted Reproduction are complex processes involving various legal and ethical considerations. In Australia, these procedures are regulated by specific laws and eligibility criteria to ensure the protection of the parties involved. This article explores Surrogacy and Assisted Reproduction Regulations in Australia, focusing on the laws and requirements, legal agreements and consent, parentage orders,… Read More »Surrogacy and Assisted Reproduction Regulations in Australia

Cryptocurrency has experienced significant growth over the past decade, garnering attention from investors, traders, and even family law practitioners. As the digital revolution continues to influence various aspects of society, it is crucial to understand the implications of cryptocurrency in family law matters, particularly in the Australian context. This article explores key considerations when dealing… Read More »Cryptocurrency and Family Law in Australia

Everything You Need to Know About Prenuptial Agreements In today’s society, where financial security plays a critical role in relationships, it is not surprising that many couples are considering prenuptial agreements before tying the knot. A prenuptial agreement, also known as a “prenup,” is a legal document that outlines how a couple’s assets and liabilities… Read More »Why You May Need a Prenuptial Agreement in Australia

Separated Under One Roof Separation is never an easy process, and when you’re still living under the same roof as your ex-partner, it can become even more challenging. In Australia, this situation is not uncommon, and it’s essential to understand the legal implications and navigate through this difficult time. Living under one roof while separated… Read More »How to Live Separated Under One Roof in Australia

Consent Orders are a common legal mechanism used in Australia to formalize agreements between parties in family law matters. When parties have reached an agreement on parenting arrangements, financial matters, or property settlements, they can apply to the Family Court for Consent Orders to make their agreement legally binding. Consent Orders provide certainty and finality… Read More »What are Consent Orders in Family Law in Australia?

Make no mistake; making the decision to part ways can be an emotionally taxing experience. One of the hardest parts is dividing finances and property between parties in an equitable and legally binding way – however there are legal options available that can assist you with this task – Binding Financial Agreements (BFAs) and Consent… Read More »Binding Financial Agreement and Consent Orders: Which is Better for You?

Are you passionate about helping families in need? Do you want to make a difference in the lives of those going through separation or divorce? If so, a career as a Family Dispute Resolution (FDR) practitioner might be the perfect fit for you. In this blog post, we’ll explore the role of an FDR practitioner,… Read More »Family Dispute Resolution Practitioner

Family Dispute Resolution Do you have a broken relationship with shared assets and children? Former partners may find it difficult to reach an agreement on financial settlements or parenting arrangements. If your family is having difficulty establishing communication and reaching a mutual agreement, then you may benefit from family dispute settlement – a type of… Read More »How To Prepare For Dispute Resolution Family Law?

Section 60cc Family Law Act In this post, we will delve into the details of this important section and explore its significance in determining the best interests of the child in family law cases. Section 60CC plays a crucial role in guiding the courts in making decisions regarding parenting arrangements and ensuring the welfare and… Read More »What is Section 60cc Family Law Act?

Understanding Binding Financial Agreements in Australia As the saying goes, “love and money do not mix.” Unfortunately, when it comes to relationships, money is often a significant factor, and disagreements over finance can sometimes lead to separation. Fortunately, there is a legal arrangement that couples in Australia can use to safeguard their financial interests –… Read More »Understanding Binding Financial Agreements in Australia

In Australia, fathers have the same legal rights and responsibilities as mothers when it comes to parenting after separation or divorce. Both parents are expected to take an active role in the care and upbringing of their children, and both have a legal obligation to financially support their children. Under Australian law, parents have a… Read More »What are Father’s Rights After Separation in Australia? 2023 Update

Parenting Plans. What You Need to Know You do not need to go to Court or “go before a judge” to formalise your parenting agreement if you and your partner can agree on the future arrangements for your child or children. There are two options for you to choose from: Create a parenting plan; or… Read More »Parenting Plans. Everything You Need to Know

What is a Family Violence Intervention Order? You may be familiar with intervention orders, which are also known by other titles such as AVOs, DVOs, and restraining orders. What you may not realise is that they can have long-term consequences, not just in terms of movement restrictions, but also in terms of child care and… Read More »Family Violence Intervention Orders. 2022 Update

Best Law Firms in Sydney Choosing the best law firms in Sydney isn’t for the faint-hearted. Law firms, like any business, are made up of people, and in the case of legal practices, the lawyers within them. At Harry Quinn, we crunch the numbers from multiple ranking platforms and give you the best chance of… Read More »Best Law Firms in Sydney

In the event of a divorce, what happens to the business? In a divorce or property settlement, any investment in a business or company might be deemed property. It makes no difference what type of business structure it is, whether it’s a partnership, a sole trader, or a corporation. As an asset, this interest must… Read More »Divorce When a Business is Involved. 2022 Guide

Child Naming Laws in Australia Changing a child’s name is a decision that both parents should make together. But, of course in some cases, this is not possible. Commonly issues can arise where: When one parent wants to alter a child’s name but the other parent objects; or when one parent wants to change a… Read More »Naming Laws in Australia. 2022 Update

If My Ex-Partner Does Not Comply With Court Orders About Children? When a relationship that has produced children comes to an end, the ideal situation is that the separating parties can come to a civil, sensible agreement on how their children should be raised, where they live, how much time they spend with each parent… Read More »What Do I Do If My Ex-Partner Does Not Comply With Court Orders About Children?

Divorce is a traumatic event for most people; a recognition that marriage and all it entails has come to an end and that there is no prospect of reconciliation between the couple. To grant a divorce in Australia, the law is not concerned with the causes behind the decision to end the marriage. Under the… Read More »How Do I Get a Divorce?

Working out what to do with property assets when a couple decides to separate can be a difficult, stressful process. And it’s not made easier by the cost and inevitable delays involved if you need to go to court to have orders made about how everything should be divided. That’s where mediation offers a compelling… Read More »What to Expect at a Family Law Mediation for Property Division

[powerpress] In this podcast, Accredited Family Law Specialist, Yvonne Cox discusses how assets are divided in a divorce in Australia. TRANSCRIPT Dan You’re listening to a Harris Lieberman podcast, if you separated or are contemplating separation,  it may well be likely that you’ve heard from someone that when it comes to a property settlement, invariably… Read More »How are Assets Divided in a Divorce in Australia?

  In this video, Lawyer, Dakota DeSantis discusses what you need to know about applying for a divorce. TRANSCRIPT Hi, my name is Dakota and I’m a Solicitor here in the Family Law Department and OMB Solicitors, I just wanted to have a quick chat with you today just in relation to how you would… Read More »What You Need to Know About Applying for a Divorce

The Different Types of Mediation Imagine a world where everyone could simply agree to disagree. Picture a world where people could resolve disagreements, arguments, or disputes without all the dramas. How different it would be. Among other things, there would probably be no need for lawyers, judges or courts. Accordingly, there would be little need… Read More »What Are the Different Types of Mediation?

Australia’s Family Law Act treats de facto relationships in much the same way as marriage. Since March 2009, the Family Court has had the power to deal with property and maintenance matters when a de facto relationship breaks down, adjusting the property interests of the ex-partners in the same way as it would for a… Read More »De Facto Break-Up Entitlements

In a perfect world, there would be no separation or divorce. As we all know, however, the world is far from perfect. So sadly, divorce is the reality for thousands of Australians. In fact, more than 49,000 Australians got divorced in 2018. For those faced with this reality, the emotions involved can — and often… Read More »The Process of Getting a Divorce in Australia?

Here’s the thing about splitting up. Even if the reason for your separation was fairly straightforward and you are on reasonable terms with your former spouse or partner, family law by its nature can be complex to navigate, particularly in relation to property settlement matters. One question often asked by newly separated people is whether… Read More »I’m Separated, Can I Buy a New Property? 2022 Update

Relationships in Australia have experienced an ongoing cultural shift in the past few decades. While marriage as an institution has declined in popularity, the 2016 Census found one in six Australians aged 15 or over now lives in a de facto relationship. Despite that development, many people are unaware of the legal status of de… Read More »What is a De Facto Relationship in Australia?

Take Home Message Sadly, relationships breakdown despite the best intentions. No one goes into a marriage thinking that it will fold, but they do about one-third of the time. Consequently, when relationships do break down, the most common question family lawyers are asked is, “who gets what in a property settlement.” Who gets what in… Read More »Who Gets What in a Property Settlement?

In this article, we discuss commonly asked questions relating to a father’s rights after separation. Take-Home Message At Harry Quinn our family lawyers have helped hundreds of men understand their rights after separation in Australia. Separation is a highly emotional time for all involved. However, in the case of men, many fathers are confused about… Read More »Fathers Rights After Separation

Divorce is an unfortunate reality of the world that we live in. While some manage to navigate the emotional minefield with minimal anguish, most end up embroiled in bitter legal proceedings. While financial concerns are often of great importance when separating, far more important are matters of the heart: children. When making arrangements for children… Read More »Will Your Child’s Wish­es be Considered by the Court?

Choose the Right Lawyer for Your Family Law Matter In popular culture, your wedding day is often portrayed as the single most important day of your life. For many, however, this special day will ultimately lead to divorce. While divorce rates have slightly decreased in Australia, it’s still a prevalent reality of modern life. Though… Read More »How to Choose the Right Lawyer for Your Family Law Matter

Reach a Property Settlement in Family Law Even if you and your spouse end your marriage on good terms, you’ll have to make certain decisions and try to reach consensus on various issues. One of them is how to divide your property. Legally, this type of agreement is called a property settlement. Here’s what you… Read More »How to Reach a Property Settlement in Family Law

Whether we like it or not, there are times in life when we have to choose our battles. In other words, we have to decide whether it is worth arguing over the issue at hand. This decision is often a factor when separated or divorced couples try to reach agreements regarding the division of property.… Read More »Important Things To Consider When Negotiating Your Property Settlement

Whenever a marriage ends, there are some decisions that simply must be made. Unfortunately, hurt feelings, injured pride and resentment can make civil communication difficult, if not impossible. This in turn, makes it hard to agree on important matters, such as the division of property. When you can’t come to an agreement on your own… Read More »When Will the Court Decline to Make a Property Settlement Order

Separation from your partner or spouse is not an easy time for anyone. While there might be a number of other issues at the top of the stress list, it is extremely vital that you prioritise the reviewing and updating of your will. Without doing so, in the unfortunate event that you pass away or… Read More »How Separation Will Impact Upon Your Estate Planning

If you’ve recently been divorced, it’s highly recommended that you update your estate planning documents to ensure the protection of yourself, your children, the rest of your family and your assets. Some of the issues covered below are important considerations when you and a former partner separate. 1. Creating a new will Assuming that your… Read More »Estate Planning Documents to Update after a Divorce

When a couple with children gets a divorce, there are seemingly endless logistic concerns they need to consider. Living arrangements, custody concerns, childcare payments, schooling, education, and more. However, less common concerns can come up as well, including documentation such as passports. So, how do you go about obtaining a passport for your child after… Read More »How Can I Get a Passport For a Child After a Divorce?

Divorce is challenging in numerous ways, before, during and also after proceedings, often for much longer than either party ever really expects. Though you may have agreed on custody and child-rearing arrangements, it’s always an ongoing process of determining how to raise children, one where both parents are usually equally invested. Sometimes, however, the difficult… Read More »Relocating with Children After Separation

The decision in the case of Thorne v Kennedydelivered by the High Court of Australia in November 2017 has far-reaching implications for ‘pre-nups’ or ‘binding financial agreements’ between couples when the relationship breaks down. Details of the case Thorne v Kennedyinvolved agreements between a rich, 67-year-old property developer, Mr Kennedy, and his 36-year-old Eastern European… Read More »What You Need to Know About Binding Financial Agreements

Consent orders Separation is a difficult situation on its own, let alone the added stress of dealing with consent orders on family law matters. Following a separation, if both parties reach agreement on parenting, financial or property arrangements, they can formalise those arrangements and make them legally binding by applying for consent orders from the… Read More »What If My Ex and I Reach an Agreement? What Do We Do Next?

If you are unable to pay your bills and your attempts to reach a repayment plan with your creditors have failed, you may be forced to declare bankruptcy. Declaring oneself bankrupt entails appointing a Trustee to take control of your assets and income in order to pay down and discharge your outstanding debt obligations. However,… Read More »Declaring Bankruptcy

No business anywhere can ever imagine when starting that one day they would be considering insolvency. For business owners that end up there it can prove bittersweet. The emotional release of all the stress and strain of running a business thats choking, as well as the pain of now actually being in this position. The… Read More »Insolvency – Everything that Your Business Needs to Know

Separated Under One Roof Separation is never an easy process, and when you’re still living under the same roof as your ex-partner, it can become even more challenging. In Australia, this situation is not uncommon, and it’s essential to understand the legal implications and navigate through this difficult time. Living under one roof while separated… Read More »How to Live Separated Under One Roof in Australia

Child Naming Laws in Australia Changing a child’s name is a decision that both parents should make together. But, of course in some cases, this is not possible. Commonly issues can arise where: When one parent wants to alter a child’s name but the other parent objects; or when one parent wants to change a… Read More »Naming Laws in Australia. 2022 Update

The Different Types of Mediation Imagine a world where everyone could simply agree to disagree. Picture a world where people could resolve disagreements, arguments, or disputes without all the dramas. How different it would be. Among other things, there would probably be no need for lawyers, judges or courts. Accordingly, there would be little need… Read More »What Are the Different Types of Mediation?

How to Prove Medical Negligence? It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment… Read More »How to Prove Medical Negligence

Motor vehicle accidents can have significant consequences, both physically and financially. In the Australian Capital Territory (ACT), there is a specific compensation scheme in place to assist individuals who have been involved in motor vehicle accidents. This article will provide a comprehensive overview of motor vehicle accident compensation in the ACT, including eligibility criteria, lodging… Read More »Motor Vehicle Accident Compensation (ACT) the Complete Guide

What causes Workers’ Compensation Claims to be denied? The majority of employees who are injured at work file a WorkCover claim. A workers compensation claim might be filed for a mental injury, a physical injury, or both. WorkCover is in charge of deciding your claim at first instance. If your claim is denied, you have… Read More »Workers’ Compensation Claim Denied in NSW. What to Do Now.

Can You Claim Workers Compensation on Your Way to Work? While the majority of injuries occur on the job, people can also experience injuries while travelling to and from work. ‘Can an employee claim compensation if they are hurt on their way to or from work?’ is a regular question we receive often. Most workers… Read More »Are You Covered by WorkCover to and from Work in NSW?

Best Law Firms in Sydney Choosing the best law firms in Sydney isn’t for the faint-hearted. Law firms, like any business, are made up of people, and in the case of legal practices, the lawyers within them. At Harry Quinn, we crunch the numbers from multiple ranking platforms and give you the best chance of… Read More »Best Law Firms in Sydney

Personal Injury Claims. What You Must Know. Making personal injury claims may appear to be a major step, and the variety of law firms all promising free consultations, no win no fee arrangements, and maximum compensation may overwhelm you. However, before you file personal injury claims, it’s a good idea to familiarise yourself with the… Read More »Personal Injury Claims. 2022 Guide

If you are injured in a transport accident in Victoria, you can file a TAC claim with your insurance company. The Victorian Government owns the TAC, which is a “no-fault” insurance plan. This means that if you are injured in a transport accident in Victoria, you can file a TAC claim to assist pay for… Read More »TAC Accident Claim. 2022 Guide

In Australia, everyone has a superannuation fund. Although the government normally prohibits you from accessing your superannuation funds until you reach retirement age, there are a few exceptions. These instances are usually tied to specific medical conditions or extreme financial difficulties, and they include situations when you are unable to work due to accident or… Read More »Early Release of Super Because of Illness or Injury

What is the meaning of the term “duty of care” and why is it important? The law of negligence refers to a breach of a duty of care. A violation of the duty of care occurs when one party does or fails to do something that may cause injury to another party or cause them… Read More »Duty of Care. 2022 Update

What is the procedure for filing a REST Super TPD claim? It’s critical to understand the conditions for claiming REST Super TPD (Total & Permanent Disability) or IP (Income Protection) in Australia if you plan to use your REST Super TPD and/or IP insurance. If you don’t engage a qualified TPD and IP lawyer, the… Read More »How do I make a REST Super TPD claim? 2022 Update

Workplace stress is often inevitable, and it can have a debilitating impact comparable to a physical injury, simply because it’s not evident to the same extent. Workers’ compensation was created to help people who were forced to miss work due to physical injuries, but can it help you if you’re missing days due to stress,… Read More »Stress Leave NSW – 2022 Guide

In New South Wales, you can file a claim for workers’ compensation. The Workers Compensation Act 1987 (“the Act”) was amended by the NSW government in 2012. Several changes to the Act and supporting rules, as well as a number of court rulings, have since shaped the law that governs an injured worker’s right to… Read More »How to Make a Workers’ Compensation Claim in NSW. 2022 Update

At Harry Quinn, we have a team of Canberra Workers Compensation Lawyers who can assist you with your worker’s compensation claim. Very importantly, at Harry Quinn, our Canberra Workers Compensation Lawyers are Accredited Specialists. This means that the ACT Law Society deems these practitioners as being the very best in the state. This is a… Read More »Canberra Workers Compensation Guide 2022

Following a car accident, your life may become extremely difficult as you attempt to cope with the financial weight that comes with the injuries you have sustained. In New South Wales, car accident compensation is made available to all injured drivers, passengers, and pedestrians through the CTP insurance scheme, which is a government-sponsored initiative. Learn… Read More »Car Accident Compensation – The Complete 2022 Guide

5 Ways to Prove Negligence in Public Liability Public liability is an area of compensation law dealing with the harm suffered by a person as a result of an accident in a public place such as a shopping centre or a park that is caused by someone else’s negligence. Claims relating to public liability in… Read More »5 Ways to Prove Negligence in Public Liability Matters

There are time limits on taking legal action in many areas of the law, which reflects the fact that justice is better served if a dispute is resolved sooner rather than later. Everything from the quality of evidence to the recollections of witnesses naturally deteriorates over time, making it more difficult to bring and prove… Read More »Been Injured, Considering Compensation? Time May Be Running

Most drivers will make an audible groaning sound when they have a road accident involving another car only to discover the other driver is uninsured. Naturally enough there are visions of potential large out-of-pocket expenses to fix the damage to your car. If you’ve been injured in the accident, need time off work and incur… Read More »If I Have Been Injured in a Car Accident Caused by an Uninsured Driver, Can I Still Make a Compensation Claim?

When it comes to work, being the boss certainly has some advantages. But there are disadvantages as well. For example, there are certain circumstances in which Queensland employers may be legally responsible for their employees’ actions. The technical term for this is vicarious liability. Keep reading to learn more about how this could affect you.… Read More »What is Vicarious Liability?

  In this podcast, Dan Toombs talks with Beilby Poulden Costello Partner and Accredited Personal Injury Law Specialist, Mark Nelson on what you need to know about bringing a superannuation claim in New South Wales. TRANSCRIPT Mark, is there such a thing as a superannuation claim? Thanks, and there certainly is. The key for most… Read More »What You Need to Know About Superannuation Claims

How to Prove Medical Negligence? It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment… Read More »How to Prove Medical Negligence

Nearly three million workers – or about a quarter of the Australian workforce – are employed in a casual capacity. Employing casuals has become increasingly popular for many businesses because it offers them added flexibility and mobility in terms of staff numbers and costs. In addition, casuals are generally not entitled to the same entitlements… Read More »Workers’ Compensation for Casual Employees. 2022 Update

Remember James Ashby. He is the guy who sued the commonwealth, alleging it had failed to provide a safe workplace. He alleged that the now backbencher, Peter Slipper made unwelcome advances towards him and sent him explicit and sexually suggestive text messages. Well, the matter was settled, and Ashby has reportedly walked away with a… Read More »What is Defamation?

  In this podcast, Criminal Lawyer, Daniel Hannay discusses what is grievous body harm and what are the penalties that apply if found guilty of such an offence. TRANSCRIPT Dan If you’ve been charged with Grievous Bodily Harm, sometimes referred to as GBH. It’s likely you have plenty of questions. To answer them, I’m with… Read More »What is Grievous Bodily Harm?

[powerpress] In this podcast, Accredited Family Law Specialist, Yvonne Cox discusses how assets are divided in a divorce in Australia. TRANSCRIPT Dan You’re listening to a Harris Lieberman podcast, if you separated or are contemplating separation,  it may well be likely that you’ve heard from someone that when it comes to a property settlement, invariably… Read More »How are Assets Divided in a Divorce in Australia?

  In this podcast, Strata Lawyer David Sachs discusses all you need to know about a Notice to Comply in the context of strata matters. TRANSCRIPT Dan When disputes arise in a strata scheme, namely a breach of a bylaw by a resident. How can owners corporations enforce the bylaw? Well, to find out, I’m… Read More »What is a Notice to Comply in Strata Matters?

  In this podcast, Dan Toombs talks with Beilby Poulden Costello Partner and Accredited Personal Injury Law Specialist, Mark Nelson on what you need to know about bringing a superannuation claim in New South Wales. TRANSCRIPT Mark, is there such a thing as a superannuation claim? Thanks, and there certainly is. The key for most… Read More »What You Need to Know About Superannuation Claims

How to Prove Medical Negligence? It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment… Read More »How to Prove Medical Negligence

Choosing an Executor is one of the most important things you need to do in constructing your Will. In this podcast, Dan Toombs talks with Brad Beasley, Partner at South Geldard Lawyers about how to choose an executor. TRANSCRIPT One of the most important decisions you can make in the context of estate planning is… Read More »How to Choose an Executor

  In this podcast, Dan Toombs talks with Estate Litigation Lawyer, Ann Eagle about everything you need to know if you want to challenge a Will in Victoria. TRANSCRIPT The general rule when making a will is that the testator, that is the person in the will has the right to give his or her… Read More »How a Will Can Be Challenged in Victoria

  In this podcast, Dan Toombs discusses the very topical issue relating to the blurred lines between employees or contractors with Employment Lawyer, David Koschitzke of Harris Lieberman.

In this podcast, Dan Toombs talks with Strata Lawyer, David Sachs about new developments in strata law in New South Wales. TRANSCRIPT In New South Wales, like other states of Australia, strata laws are constantly changing. In recent times, there’s been a few important decisions. And to learn a little bit more about the impact… Read More »Important Strata Updates in New South Wales You Need to Know

In recent years, Airbnb has revolutionized the way people travel and find accommodation. However, its popularity has raised questions about its legality, especially in countries like Australia. To understand the legal implications of Airbnb in Australia, it is crucial to delve into the concept of Airbnb itself. Understanding the Concept of Airbnb At its core,… Read More »Is Airbnb Legal in Australia?

Things to know before buying a house in Sydney Purchasing a house in Sydney (NSW) can be an exciting but daunting process, especially for first-time home buyers and may require working with Sydney Lawyers, who have extensive experience in property law and can provide valuable legal advice throughout the buying process. Here are some steps… Read More »How To Buy a House in Sydney in 2023

What is the definition of a dividing fence? A separating fence can be made of any material (brick, paling, colorbond, stonewall) or flora (such as a Photinia or Camellia hedge), but it does not contain a retaining wall unless it is required to support the fence. The Dividing Fences Act of 1991 states that the… Read More »Dividing Fences ACT NSW. 2022 Update

What you need to know about Tenants in Common Disputes in NSW. The majority of married couples and long-term relationships are glad to nominate joint occupancy as their number one choice. Couples in the early phases of a relationship, people who have never been in a relationship, people who live in a mixed family, and… Read More »Tenants in Common Disputes in NSW. 2022 Update

Rural property brings with it unique considerations whether you’re a seller or a buyer. Water rights, road access, chattels such as tools and machinery, environmental restrictions, mining exploration licences, Crown leases and much more are all part of the proposition when it comes to buying and selling rural land. The list of potential issues that… Read More »What You Need to Know About Selling Rural Land

When it comes to real estate transactions in New South Wales, a deal is a deal and time is money. That is why contracts usually include stipulations pertaining to a Notice to Complete. But what does that mean? Keep reading to find out. The basics As a rule, parties engaged in the purchase or sale… Read More »What Does a Notice to Complete Mean?

There’s not much to be said for making assumptions. It seldom works out well. You may find this true if you act on a common misconception. This is the fallacyRead on to learn more. How does the tax office view family transfers? Most transactions involving the transfer of goods or property are documented in contracts… Read More »Do I need to Pay Stamp Duty on a Family Transfer in New South Wales?

  In this video, Simon Bennett, Partner & Accredited Property Law Specialist discusses the many things that you need to know when buying a duplex in Queensland. TRANSCRIPT I’m Simon Bennett from OMB Solicitors Accredited Property Law Specialist. Today, I wanted to have a chat to you about buying a duplex. A transaction, which seems… Read More »What You Need to Know About Buying a Duplex in Queensland

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

In this podcast, Dan Toombs talks with Strata Law Expert, David Sachs on the recent Court of Appeal decision that is going to change everything.     TRANSCRIPT David, a pretty significant decision by the Court of Appeal, a very significant decision, and it will have wide-ranging implications for every strata scheme in New South… Read More »The NSW Court of Appeal Decision on Pet ByLaws

  In this podcast, Strata Lawyer David Sachs discusses all you need to know about a Notice to Comply in the context of strata matters. TRANSCRIPT Dan When disputes arise in a strata scheme, namely a breach of a bylaw by a resident. How can owners corporations enforce the bylaw? Well, to find out, I’m… Read More »What is a Notice to Comply in Strata Matters?

In this podcast, Dan Toombs talks with Strata Lawyer, David Sachs about new developments in strata law in New South Wales. TRANSCRIPT In New South Wales, like other states of Australia, strata laws are constantly changing. In recent times, there’s been a few important decisions. And to learn a little bit more about the impact… Read More »Important Strata Updates in New South Wales You Need to Know

What are the Drink and Driving Penalties in NSW? When it comes to drink driving accidents in New South Wales (NSW), the headlines tell the story. Back in November, police arrested a 29-year-old motorist who allegedly crashed into a police car in Sydney. According to published reports, the driver was highly intoxicated when the crash… Read More »What are the Drink Driving Penalties in NSW?

Recent events in Victoria have brought to light the importance of roadworthiness, and some scary statistics in regards to compliance. A surprising  number of vehicles are not roadworthy, are without roadworthy certification, or are defective. In Victoria you are required to obtain a roadworthy inspection for your vehicle under the following circumstances: – If the… Read More »Defect Notices In Victoria

How Do I apply for a Workers License? A work license is also called a restricted license, provisional license, or day license. It is a work permit issued pursuant to Section 87 of the Transport Operations (Road Use Management) Act 1995. The holder of workers license is permitted to drive for work despite the suspension… Read More »Applying for a Worker’s License in Queensland

  In this video, Simon Bennett, Partner & Accredited Property Law Specialist discusses the many things that you need to know when buying a duplex in Queensland. TRANSCRIPT I’m Simon Bennett from OMB Solicitors Accredited Property Law Specialist. Today, I wanted to have a chat to you about buying a duplex. A transaction, which seems… Read More »What You Need to Know About Buying a Duplex in Queensland

Cryptocurrency has experienced significant growth over the past decade, garnering attention from investors, traders, and even family law practitioners. As the digital revolution continues to influence various aspects of society, it is crucial to understand the implications of cryptocurrency in family law matters, particularly in the Australian context. This article explores key considerations when dealing… Read More »Cryptocurrency and Family Law in Australia

What Is the Role of an Executor in a Will? An executor is a person who takes on the role of the deceased and is responsible for the administration of the estate. The duty of the executor differs depending on the kind of estate. However, the following responsibilities are often associated with the position: The… Read More »What Does an Executor of a Will Do? The 2022 Update

One piece of advice, keeping your Will up to date is a smart idea before we start talking about tax issues. Not having an up-to-date Will and other important estate planning matters in order can have a devasting impact upon those who you want to be taken care of. Superannuation It is possible that tax… Read More »Inheritance Tax in Australia: The 2022 Guide

The concept of interdependency was introduced into the Superannuation Industry (Supervision) Act 1993 in 2005 as a way to recognise relationships that were outside of the traditional definition of marriage but nevertheless significant in terms of a person’s superannuation benefit. A person who can show they were in a relationship of interdependency with a deceased… Read More »Superannuation Claims – What is an ‘Interdependency Relationship’?

Enduring Power of Attorney and Enduring Guardianship are both important legal concepts of particular relevance to elderly people who no longer have the capacity to make important financial and lifestyle decisions on their own. It’s important to note that a person can appoint one person as both attorney and guardian if they wish, though often… Read More »The Difference Between a Power of Attorney and Enduring Guardianship

Even where a person makes a valid will it’s possible that an eligible person brings a family provision application (FPA) to the court for it to change the disposition from the will in his or her favour. Section 41(1) of Queensland’s Succession Act 1981 (Qld) sets out the grounds for an FPA: If a person… Read More »What Does Adequate Provision Mean in a Family Provision Application?

Central to the important responsibilities bestowed on a trusted person when you create an enduring power of attorney is the making of personal and financial decisions that have the same legal effect as if you’d made those decisions yourself. There had been some uncertainty, however, about whether an attorney’s power included making, renewing or extending… Read More »Can an Attorney Sign a Binding Death Nomination on My Behalf?

Choosing an Executor is one of the most important things you need to do in constructing your Will. In this podcast, Dan Toombs talks with Brad Beasley, Partner at South Geldard Lawyers about how to choose an executor. TRANSCRIPT One of the most important decisions you can make in the context of estate planning is… Read More »How to Choose an Executor

Do you know where your spouse or parent made a Will? If so, do you know where they keep it? Do they keep it in a home safe, or in another location in the house? Perhaps they stashed it somewhere else for “safekeeping.” Have you asked him or her about it? It may not seem… Read More »How do I find a Will after Someone Dies?

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

Great news! You have just learned that a relative you never even knew of named you as a beneficiary in his Will. Unfortunately, that is all you have been told. You do not know how much you stand to receive, or when you will get it. Come to think of it, you’re not even sure… Read More »What are my rights as a Beneficiary in a Will or an Estate?

One very common question asked of lawyers, is what’s the difference between a Power of Attorney and Enduring Guardianship. The answer is partly to do with where you live. Difference Between Power of Attorney and Enduring Power of Attorney A Power of Attorney sometimes referred to as a General Power of Attorney is a legal… Read More »Difference Between Power of Attorney and Enduring Power of Attorney

One of the most commonly asked questions is “what is probate?” What is probate is a question asked by many people who all of a sudden, find themselves dealing with the death of a loved one. Simply put, probate is the official process that seeks to validate the deceased person’s will to enable the executor… Read More »What is Probate?