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Coronial Inquests in NSW – Frequently Asked Questions
When someone dies unexpectantly, the media often say that “a report will be prepared for the Coroner”. But what does the Coroner do? And what are the powers of the Coroner? What does the Coroner do? The Coroner investigates certain kinds of deaths, suspected...
Make your opponent pay all your legal costs
An important part of running Court cases is maximising the chances of your opponent paying your legal costs. Recovery of legal costs A successful party to litigation, in NSW, generally only recovers, at best, 60% to 70% of their incurred legal costs. However outlined...
Court overrules inheritance of Grandson
A man who won an inheritance from a Supreme Court of NSW judge has had the same inheritance taken away from him by the NSW Court of Appeal. Robert Wilcox was left out of his Grandfather’s Will and everything was left to Robert’s mother, Patricia. Robert brought a...
Are pre-contractual dealings relevant in determining what constitutes the Contract?
If you spend days, weeks or months negotiating a deal, and the deal is subsequently reduced to writing and signed, are the negotiations which took place prior to the agreement being signed relevant in determining what you have agreed to? Generally speaking, no. When...
Challenging a Will: What are your rights?
When someone close to you dies, the last thing on your mind is usually what you stand to gain from the person’s will. But if you have been left out of the will or the deceased hasn’t left you much, it is important to act quickly to protect your rights. You only have...
Can I be compensated if I am injured at work?
If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...
Court awards worker more than 1.3 million dollars
The plaintiff, Mr Warn, suffered a back injury whilst working for the defendant. Mr Warn was working on a machine which bent steel reinforcing rods (or bars) into various shapes and sizes. Mr Warn was directed not to use the automated process (short bar method) but to...
How do you access your medical records?
Did you know that you do not own your own medical records? Whilst you do not own them, you have a legal right to access your records under the Health Records and Information Privacy Act 2002 (NSW). Your request must: be in writing; include your name and...
Court allows plaintiff’s appeal due to ‘coaching of witnesses’
Mr Day was injured whilst operating a J-Bar in the ski fields at Guthega. Mr Day was allegedly struck by an errant skier in the course of his employment as a consequence of his then employer, Perisher Blue Pty Ltd (Perisher Blue), breaching its duty of care to Day by...
Do you have to disclose a prior workers compensation claim when applying for a job?
Individuals who have suffered a prior work injury often are unsure whether they must disclose their prior injury when applying for a job and are concerned that should they disclose the injury, they may not be offered the job. Job interviews, including questionnaires...
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