The NSW Parliament has passed the Motor Accident Injuries Act, 2017 which changes and limits what claims maybe made on your green slip insurance policy.
The new Statute will commence on or about 1st December, 2017 and will apply to motor vehicle accidents occurring after its commencement. The existing Statute applies until then.
For those sustaining a personal injury as a result of a motor vehicle accident will now only have access to statutory benefits regardless of fault unless they have been charged with or convicted of a serious driving offence.
No common law damages will be recoverable for so called minor injuries and a new Disputes Resolution Service will be established. Serious injuries may still enable some common law claims but they are limited.
The time for making and serving a claim will be reduced from 6 months to 3 months and if you are losing income and do not serve a claim within 28 days of the accident you may lose your right to back claim lost wages.
Statutory benefits for minor injuries and those at fault may cease after 26 weeks.
In short most claims benefits will be limited and green slip costs will no doubt increase the profitability of the Insurers to the detriment of benefits.
If you have a Personal Injury claim are very complex but then we can assist in this or any other legal problem. Please contact any of our Solicitors at Matthews Williams.
Tuesday, 6 June 2017
Friday, 19 May 2017
What is Civil Litigation?
Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. It is not a Criminal prosecution but rather a Civil matter. Civil Litigation is typically settled by agreement between the parties, but may also be heard and decided by a magistrate or judge in court or an arbitrator in some instances.
Contrary to popular belief, litigation is not simply another name for a lawsuit. Litigation includes any number of activities before, during, and after a lawsuit to enforce a legal right. In addition to the actual lawsuit, pre-suit negotiations, arbitrations, facilitations and appeals may also be part of the litigation process.
Civil litigation includes matters before the Supreme Court, the District Court, the Local Court, the Land & Environment Court, the Family Court, the Federal Court, the Motor Accidents Authority Tribunals, the Workers Compensation Commission and even the NSW Civil & Administrative Tribunal (NCAT). Solicitors have a right of appearance in all Courts and most Tribunals. Appearances in NCAT in most matters requires leave of the Tribunal to appear for a client.
Litigation begins the moment someone decides to formally enforce or defend his or her legal rights. In most cases, this happens the moment a party engages a Solicitor to represent their interests. Most Solicitors engage in a variety of “pre-suit” litigation activities. These can include many things, from writing a letter on a client’s behalf called a demand letter, to demand compensation. However, there are several different steps in litigation that occur in nearly every case. For further information contact us.
Contrary to popular belief, litigation is not simply another name for a lawsuit. Litigation includes any number of activities before, during, and after a lawsuit to enforce a legal right. In addition to the actual lawsuit, pre-suit negotiations, arbitrations, facilitations and appeals may also be part of the litigation process.
Civil litigation includes matters before the Supreme Court, the District Court, the Local Court, the Land & Environment Court, the Family Court, the Federal Court, the Motor Accidents Authority Tribunals, the Workers Compensation Commission and even the NSW Civil & Administrative Tribunal (NCAT). Solicitors have a right of appearance in all Courts and most Tribunals. Appearances in NCAT in most matters requires leave of the Tribunal to appear for a client.
Litigation begins the moment someone decides to formally enforce or defend his or her legal rights. In most cases, this happens the moment a party engages a Solicitor to represent their interests. Most Solicitors engage in a variety of “pre-suit” litigation activities. These can include many things, from writing a letter on a client’s behalf called a demand letter, to demand compensation. However, there are several different steps in litigation that occur in nearly every case. For further information contact us.
Monday, 24 April 2017
What is Compensation Law?
Compensation may be defined as: ‘A monetary remedy that is awarded to a person who has sustained damages or an injury and it is given in order to replace the loss caused by the damage done or injury sustained.’
The most common injury claims are related to Workers injuring themselves at work or travelling to and from work and motor accidents. Motor Accident claims revolve around negligence and can be claims made on Green Slip Insurers or motor vehicle Comprehensive Insurers.
However, it may also be for compensation when your land is compulsorily acquired by the Government. It maybe that compensation is awarded when there is a breach of contract and someone suffers loss.
Compensation for damages or loss originally devolved from the Common Law but in a lot of cases the Common Law has been modified by our various Parliaments over the years, such as the Workers Compensation Acts, the Motor Vehicle Accidents Act, Civil Aviation (Carriers' Liability) Act, the Civil Liability Act and many more.
Some of these Acts only allow you to make a claim within limited times. Three years is the normal time but it can be more or less. For example, in Air Accidents claims have to be brought within 2 years of the accident. In Motor Accident claims for personal injury must be made within 6 months from the date of the accident but in claims for damage to your car, the period is 6 years. Breach of contract claims are 6 years in most cases.
Some of the legislation that has been brought in now prevents claims being made and other legislation extends times for bring a claim.
Complicated and confusing......well you may need to consult with one of our Solicitors to get some advice because any claims for compensation can be a minefield.
For further information contact us.
The most common injury claims are related to Workers injuring themselves at work or travelling to and from work and motor accidents. Motor Accident claims revolve around negligence and can be claims made on Green Slip Insurers or motor vehicle Comprehensive Insurers.
However, it may also be for compensation when your land is compulsorily acquired by the Government. It maybe that compensation is awarded when there is a breach of contract and someone suffers loss.
Compensation for damages or loss originally devolved from the Common Law but in a lot of cases the Common Law has been modified by our various Parliaments over the years, such as the Workers Compensation Acts, the Motor Vehicle Accidents Act, Civil Aviation (Carriers' Liability) Act, the Civil Liability Act and many more.
Some of these Acts only allow you to make a claim within limited times. Three years is the normal time but it can be more or less. For example, in Air Accidents claims have to be brought within 2 years of the accident. In Motor Accident claims for personal injury must be made within 6 months from the date of the accident but in claims for damage to your car, the period is 6 years. Breach of contract claims are 6 years in most cases.
Some of the legislation that has been brought in now prevents claims being made and other legislation extends times for bring a claim.
Complicated and confusing......well you may need to consult with one of our Solicitors to get some advice because any claims for compensation can be a minefield.
For further information contact us.
Friday, 3 March 2017
The Consumer Credit Code - Protection for Borrowers
Most credit arrangements, or contracts, are covered by the Consumer Credit Code (CCC). Before a credit contract is offered the borrower must be given a statement by the credit provider which is document that sets out the borrowers rights and obligations must also be provided.
Some of the items which must be disclosed under the code are:
- the amount of the credit
- the interest rate, and how it is to be calculated. If it is a variable rate, you must be told how you can check this
- all charges and fees must be disclosed, including and ongoing loan maintenance fees and default costs and fees. This must include any government fees and charges, including any stamp duty.
- Commissions paid to or by the credit provider
The contract must clearly set out what terms of the contract may be changed by the credit provider during the term of the contract, and the notice that must be given by the credit provider. These may include changes to the interest rate and changes to the repayment instalments. Where the contract sets out pegged interest changes and repayment instalments, a separate notice need not be given.
So be careful. Fully investigate any proposed credit arrangement and, if the terms are not fully understood, get professional advice before signing up.
For further information contact us.
Thursday, 9 February 2017
Crime?
What is a Crime? There are many Crimes or Offences. A lot are contained in the Crimes Act but many more are contained in other Statutes both of the State and Federal Parliaments. The range of Offences vary from Murder down to Parking.
Most criminal matters are commenced by the Police or the Director of Public Prosecutions by way of Court Attendance Notices (formerly known as Police Charges/Summonses) and those charged with an Offence will appear firstly before a Magistrate sitting in a Local Court. In some cases issues of Bail may need to be considered.
Magistrates deal with over 90% of criminal matters summarily but the more serious offences are committed to the District Court or Supreme Court for Trial before a Judge and/or Jury.
Unlike Civil Matters, Criminal matters must be proved ‘beyond reasonable doubt’ having regard to the elements of the Offence. This is when a Solicitor’s professional knowledge becomes essential for the client (i.e. the person charged with an Offence).
Police will normally have a fact sheet (which is not evidence but outlines the Police case) on the occasion of the first appearance before the Court. With the fact sheet and instructions from the client, this will help the Solicitor in deciding whether to advise the client to plead guilty or not guilty having regard to the elements of the Offence. Sometimes an adjournment is necessary to obtain further information.
Once a plea is entered, then the Magistrate may adjourn the matter for hearing, sentence the client, commit the client for Trial in a higher Court or other options which may depend on the seriousness of the Offence and the previous criminal history of the client.
For further information contact us.
Most criminal matters are commenced by the Police or the Director of Public Prosecutions by way of Court Attendance Notices (formerly known as Police Charges/Summonses) and those charged with an Offence will appear firstly before a Magistrate sitting in a Local Court. In some cases issues of Bail may need to be considered.
Magistrates deal with over 90% of criminal matters summarily but the more serious offences are committed to the District Court or Supreme Court for Trial before a Judge and/or Jury.
Unlike Civil Matters, Criminal matters must be proved ‘beyond reasonable doubt’ having regard to the elements of the Offence. This is when a Solicitor’s professional knowledge becomes essential for the client (i.e. the person charged with an Offence).
Police will normally have a fact sheet (which is not evidence but outlines the Police case) on the occasion of the first appearance before the Court. With the fact sheet and instructions from the client, this will help the Solicitor in deciding whether to advise the client to plead guilty or not guilty having regard to the elements of the Offence. Sometimes an adjournment is necessary to obtain further information.
Once a plea is entered, then the Magistrate may adjourn the matter for hearing, sentence the client, commit the client for Trial in a higher Court or other options which may depend on the seriousness of the Offence and the previous criminal history of the client.
For further information contact us.
Friday, 13 January 2017
Finders are not Necessarily Keepers
The common law rule is that if you find something of value and you take all reasonable steps to find the owner but fail, then you may be able to keep the goods. There are various adaptations of this rule, depending on state-to-state legislation, but the principal remains the same.
You must report your find to the authorities (usually the police) who then search for the owner. In some jurisdictions there is a legal obligation to report the find and deliver the goods to the authorities for safe-keeping. After a prescribed period of time, if the owner cannot be traced, the goods are returned to the finder who may keep them.
Recently a Sydney bank clerk claimed that he found $250,000 lying in the street. He did not report the find, but a work mate, who noticed some of the money in a bag under the clerk’s work-desk, did. He rang the police. The police took the money in the bag and subsequently found the balance of the $250,000 in a safe custody box at a different bank. The bank which employs the clerk has no money missing. The clerk was charged with larceny (stealing) by finding and faces a large fine or up to 5 years in gaol.
The money remains unclaimed. Who gets it? Had the clerk reported the find to the police, it would be his. As he has been charged with a crime over the money, then it may be forfeited to the Crown as proceeds of crime.
For further information contact us.
You must report your find to the authorities (usually the police) who then search for the owner. In some jurisdictions there is a legal obligation to report the find and deliver the goods to the authorities for safe-keeping. After a prescribed period of time, if the owner cannot be traced, the goods are returned to the finder who may keep them.
Recently a Sydney bank clerk claimed that he found $250,000 lying in the street. He did not report the find, but a work mate, who noticed some of the money in a bag under the clerk’s work-desk, did. He rang the police. The police took the money in the bag and subsequently found the balance of the $250,000 in a safe custody box at a different bank. The bank which employs the clerk has no money missing. The clerk was charged with larceny (stealing) by finding and faces a large fine or up to 5 years in gaol.
The money remains unclaimed. Who gets it? Had the clerk reported the find to the police, it would be his. As he has been charged with a crime over the money, then it may be forfeited to the Crown as proceeds of crime.
For further information contact us.
Friday, 16 December 2016
Is There any Advantage in Creating a Testamentary Trust?
Such a trust is created by a will. It takes effect when the trust creator (the settler) dies. Other trusts, such as discretionary or unit trusts, are created by a deed and come into effect as soon as the settler executes the deed and settles property upon the trust. In all cases the settler must appoint a trustee. In the case of a testamentary trust, the trustees may be the executors of the will, but need not be. The trustee may be one or more natural persons or a company.
With an ordinary trust, the settler or other parties must give assets to the trust. In the case of money, there is no problem, there is no tax or stamp duty on money. However, if property, shares, real estate, bonds or a business is being transferred, then tax and stamp duty issues arise. Such expenses as capital gains tax, stamp duty, income tax and others may be involved.
Additionally, income under an ordinary trust allocated to a person too young to control it is taxed at a special high rate. This penalty rate can be as high as 66% of the income. The test is not the legal capacity of the child, but whether or not the child can control its funds.
In the case of a testamentary trust, there is presently no tax on assets allocated to the trust by will and usually no stamp duty. In addition, income allocated to a child is taxed at the marginal tax rate applicable to the amount of the income.
For further information contact us.
With an ordinary trust, the settler or other parties must give assets to the trust. In the case of money, there is no problem, there is no tax or stamp duty on money. However, if property, shares, real estate, bonds or a business is being transferred, then tax and stamp duty issues arise. Such expenses as capital gains tax, stamp duty, income tax and others may be involved.
Additionally, income under an ordinary trust allocated to a person too young to control it is taxed at a special high rate. This penalty rate can be as high as 66% of the income. The test is not the legal capacity of the child, but whether or not the child can control its funds.
In the case of a testamentary trust, there is presently no tax on assets allocated to the trust by will and usually no stamp duty. In addition, income allocated to a child is taxed at the marginal tax rate applicable to the amount of the income.
For further information contact us.
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