With the COVID-19 pandemic, Australia has seen unprecedented numbers of employees working from home. What happens if you hurt yourself while working from home? Are you able to claim workers’ compensation?
The answer is yes…maybe. Let’s explore.
You will be entitled to claim for workers’ compensation benefits if:-

you are a worker within the meaning of the Workers’ Compensation and Rehabilitation Act 2003, including contractors in some situations;
you sustain injury during the course of work;
the injury occurred in Queensland or the location of employment is within Queensland; and
you are a subcontractor, you own a workers’ compensation insurance policy.

When you are at home inevitably you might do something that you would not normally do during the work day. If you were at work you would probably go to the kitchen to make a cup of coffee, but would you go to the clothesline to hang out washing?
The relevant question is whether your injury is sustained during the course of work.
Some real world examples show that you might be able to claim workers’ compensation if:

You are walking up or down stairs;
Carrying heavy items needed for work, like a box of files;
Driving between the work office and home office;

Employers owe a duty of care to their employees whether that is in the workplace, or at their home when working. To help meet this duty it would be advisable for the employee to undertaking an inspection of the home environment to ensure it is safe for work duties, and employees should report any health and safety concerns.
If you do have any injury it is important to lodge an application early. An application for compensation is valid and enforceable only if the application is lodged by you within 6 months after the entitlement to compensation arises, unless special circumstances arose to the satisfaction of WorkCover that prevented you from making the application within 6 months.
If an application is lodged more than 20 business days after the entitlement to compensation arises, the extent of WorkCover’s liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged.
For more information about WorkCover claims read our other articles available on our website https://www.mcna.com.au/compensation-law/work-related-injuries/ or call one of our injury lawyers on 13 58 28.
The post COVID Update: What happens if I have an injury at my home while working? appeared first on MCNA.

In 2018 there was a decision from the Federal Court of Australia (WorkPac Pty Ltd v Skene [2018] FCAFC 131), that a fly in, fly out worker was not a casual employee for the purposes of the Fair Work Act. On this basis, such a worker was entitled to annual leave. The impact of this decision flowed on to other fields of employment.
Then, in 2019, there came along a new decision of the Federal Court (Birner v Aircraft Turnaround Engineering Pty Ltd [2019] FCA 1085) that threw into question the nature of a casual worker established in Skene. In this new case, the Court found that an employee, despite working 40 hours most weeks under a casual employment contract, and demonstrating similar characteristics to Skene, was a genuine casual employee and not permanent.
Such is the ever changing landscape in the legal battlefield, recently another case came before the Federal Court (Workpac Pty Ltd v Rossato [2020] FCAFC 84) which has thrown the nature of casual employment into chaos again.
Here, Mr Rossato was casual, and made a claim for personal/carer’s leave and compassionate leave. Workpac refused, on the basis that they were paying leave loading (although the records did not clearly show leave loading was paid, but Workpac instead paid a higher hourly rate). In the alternative, Workpac argued if they have to pay those entitlements (like they did in Skene) then the leave loading should be set off against the other entitlements.
The Federal Court went back to the Skene decision, and decided that Mr Rossato was more than a casual employee, and therefore able to claim those entitlements. The Court also found that Workpac was not able to set off leave loading against the entitlements, because the employment contract, paying the higher hourly rate, did not make it clear that leave loading was being paid.
The test established in these decisions, to determine if a worker is casual, is whether:-

Their employment is informal and unlikely to continue for any length of time;
Their employment is not regular and stable;
The employer can decide whether to offer employment on a particular day, or not;
When employment was offered, the employee can decide whether or not to work;
They only worked on demand or as required over a short period; and
They are employed ‘by the hour’ and may be terminated on very short notice.

In Rossato, the Court noted that it was in fact very difficult for Mr Rossato to decline shifts, as he would then be exposed to disciplinary action if he did. Otherwise, his hours were as regular and predictable as the other full-time employees working on the same rosters, and were no less regular and predictable than any permanent full-time employee.
The Rossato decision does not mean that every casual can claim leave and other entitlements, even where their employment meets the test. As a general rule, those casual employees are entitled to be paid leave loading to compensate for not having those entitlements.
We expect Workpac may appeal this decision, or perhaps there will be some amendment to the Fair Work legislation to address the issue. Until legal clarity occurs, we recommend that employers consider:

Reviewing casual work contracts, and work patterns, to identify if there is any suggestion of permanent employment. An employer might consider converting such employees to a permanent employment arrangement.
Review employment contracts and ensure that contracts have effective off-set clauses for leave loading against other entitlements under the National Employment Standards.
Review employment contracts and payslips to ensure casual loading amounts are clear, and separate from the hourly rate.
Ensure casual contracts reflect the casual employment characteristics such as:-

 the period/length of service;
the number of hours per week;
their hourly rate – inclusive of a casual loading percentage;
patterns of engagement – there is no guarantee of ongoing employment;
predictability of rosters;
any expectation of ongoing work;
an employee’s ability to reject shifts;
the extent of any reliance on casual employees – to reflect the ad hoc relationship.

For more information about employment law please contact one of our employment lawyers on 13 58 28.
The post Recent Court decision Regarding Casual Employment appeared first on MCNA.

The coronavirus (COVID-19) is currently affecting the world in both medically, and economically.
Although the Government is now talking about easing social restrictions, the impact of the pandemic might still be felt around Australia for some time.
One particular impact might be on commercial contracts that were entered into just prior to the pandemic, or even after.
Parties to those contracts might be considering whether they can discharge their contractual obligations as a result of COVID-19. If they cannot, this is known as frustration and there may be an opportunity to terminate a contract by the benefit of a force majeure clause.
Force majeure clauses are intended to deal with the impact of events which are out of the control of the parties involved in the contract. Common frustrating events might include natural disasters, acts of God, labour shortages, acts of war, and might include the COVID-19 pandemic.
However, to be able to rely on such a clause, performance of the contract must be impossible. It will not be enough to simply suggest it is too difficult to perform the contract, or it is too costly, or inconvenient.
If you are a party to a commercial contract and either cannot perform the contract because of the pandemic, or the other party seeks to terminate the contract because of the pandemic, you should seek legal advice on the issue.
The validity of the clause will depend on how the force majeure clause has been drafted and how the clause can be interpreted.
If you are intending on entering into a commercial contract, you should seek legal advice to consider whether a force majeure clause is valid, or should be included in the contract. The ongoing ramifications of the pandemic are not yet clear, and it will be important to plan for future business disruption and the ability to perform a contact.
For more information about commercial law please contact one of our commercial lawyers on 13 58 28.
 
The post Has COVID-19 frustrated your contract? Force majeure and the legal implications. appeared first on MCNA.

When you are involved in a motor vehicle accident you will likely have a million thoughts going through your head, and not be able to focus on any one of them.
After the initial impact you will have some time to collect your thoughts, and perhaps those thoughts might turn to what evidence you should collect from the accident, in the event litigation needs to be commenced to recover damages for either the property, or for personal injury.
This three part series will provide information about the types of evidence you should collect, ranging from: basic information (part 1); more technical information that you can gather (part 2); and finally technical information that can only be gathered by a qualified expert (part 3).
Part 1 – What you should do immediately after an accident
If you are involved in a significant motor vehicle accident the police will most likely be contacted and, particularly if forensic testing of an incident scene is required, the officer in control of the incident scene should ensure that:

the boundaries of the scene are clearly marked,
all persons not involved in testing or examining the scene are excluded from the scene;
the scene is not disturbed or contaminated unless to preserve life or protect property; and
an entry/exit point to the crime scene is established.

To assist the police in undertaking their investigations you should ensure that you do not move your vehicle until directed by the police, or unless your vehicle causes a safety hazard to other road users.
Otherwise in less serious accidents where the policy do not attend, so long as you are not so injured that you require treatment by paramedics or emergency, you should do the following:

Contact the police to notify them of the accident;
Record the names, address, driver license number, and phone numbers of everyone involved in the accident;
Record a description of the car and license plate number for all vehicles involved – or take a photo of them using your smartphone;
Record the other driver’s insurance company and the vehicle identification number of their car;
Take photographs of the accident, including the damage to your car, the other vehicle/s involved, and any damage or markings to the road or surrounding area from the accident.
Remove any hazards on the road from the accident, such as accident debris.
Record a short description of the accident, including the date and time; road and nearest intersection; direction of travel; and weather conditions.
If you have a dash cam, on arriving home immediately download and preserve the video.
Your vehicle may need to be towed. Ensure you have the tow truck driver’s contact details and that you make arrangements to collect the car as soon as possible. In some cases, the storage yard fees can be quite expensive.
If you hold comprehensive insurance, contact your insurance company,

It is important that you do not admit fault for the accident. If you have a comprehensive  insurance policy, the policy will likely state that you must not assume responsibility or liability. If you expect the insurance company to take care of your claim, let them do the talking.
To assist, we have developed a short form that is accessible on our website. This form will provide you with a list of all the information you should collect.
If you have been injured in a motor vehicle accident read our other articles available here or call one of our injury lawyers on 13 58 28.
The post Evidence to Collect After a Motor Vehicle Accident (Part 1 of 3) appeared first on MCNA.

When you are involved in a motor vehicle accident you will likely have a million thoughts going through your head, and not be able to focus on any one of them.
After the initial impact you will have some time collect your thoughts, and perhaps those thoughts might turn to what evidence you should collect from the accident, in the event litigation needs to be commenced to recover damages for either the property, or for personal injury.
This three part series will provide information about the types of evidence you should collect, ranging from basic information (part 1), to more technical information that you can gather (part 2) and then finally technical information that can only be gathered by a qualified expert (part 3).
Here is part 2.
2a. Information to request from the police after their investigation
If you are involved in a significant motor vehicle accident the police will most likely be contacted and sometimes forensic testing of an incident scene is required.
That police investigation will sometimes provide useful information in the event you need to make a claim against the other driver for property damage or personal injury.
After the police have finalised their investigations you should request the following information from the Queensland Police Service through their Right to Information proceedures:-

Measurements taken of the road where the accident occurred;
Skid tests conducted;
Copies of witness statements;
Details of the position of any relevant items of evidence on the road;
Sketch plan of any other scene evidence such as lighting/ signs/ road markings;
Details of any vehicles that had been moved after the traffic crash;
Any reports or other records prepared during the Forensic Crash Unit investigation.

And if the accident involved a heavy vehicle:

Details of any advices given to the Department of Transport and Main Roads as a result of the accident involving a heavy vehicle;
Details of examination of the truck driver’s work diary;
Details of inspection and mechanical condition of the truck.

2b. Information to request from the other drivers (or more specifically their employers) – Motor vehicle accidents involving heavy vehicles
Most trucks operating in Australia will usually have an on board computer, an engine management system or an in-vehicle monitoring system.
These systems relay diagnostic information generally from the truck to Company who owns the truck. This information is used to determine the routes travelled by the truck, the speed travelled, engine RPM’s and rest breaks.
This data can be vital for a motor vehicle accident claim if a heavy vehicle has been involved.
Following an accident involving a heavy vehicle you should request from the vehicles owner a copy of any reports, records or other data for the day of the accident.
2c. Information to request from the local Council or State Government
Some accidents will occur at intersections with traffic lights. When an accident occurs, there is often an argument about who drove through a red light, causing the collision.
Most of these traffic lights will be controlled by either programmed timing, or vehicle detection loops. You might have seen these square marks on the road, just before the intersection.

Depending on whether the road is controlled by the local Council or the State Government, you may be able to gain access to what are known as the ‘traffic loop diagrams’. These diagrams might provide useful information about the traffic light timing, or how the green, orange and red lights interchange.
Sometimes, this information might be enough to prove fault against another driver.
If you have sustained an injury in the accident, your lawyer can gather all of this information on your behalf.
If you have been injured in a motor vehicle accident read our other articles available here or call one of our injury lawyers on 13 58 28.
The post Evidence to Collect After a Motor Vehicle Accident (Part 2 of 3) appeared first on MCNA.

When you are involved in a motor vehicle accident you will likely have a million thoughts going through your head, and not be able to focus on any one of them.
After the initial impact you will have some time collect your thoughts, and perhaps those thoughts might turn to what evidence you should collect from the accident, in the event litigation needs to be commenced to recover damages for either the property, or for personal injury.
This three part series will provide information about the types of evidence you should collect, ranging from basic information (part 1), to more technical information that you can gather (part 2) and then finally technical information that can only be gathered by a qualified expert (part 3).
Here is part 3.
3a. Information for an expert to collect – Airbags and Electronic Data Records
Passenger vehicles solid in Australia since 2000 are subject to a mandatory requirement to be fitted with SRS Airbags (Supplementary Restraint Systems). These SRS airbags are fitted with electronic diagnostic/control modules, also known as Electronic Data Records (EDR) which monitor the system for faults, crash sensors which detect sudden declaration and a back-up power supply to ensure the system has power if the battery is damaged before the crash sensors are activated.
If there is any question of who was liable for a motor vehicle accident you should ensure that you preserve the SRS diagnostic module.
The SRS diagnostic module will commence recording data from a collision, only when the crash sensors detect a collision is occurring. The module will generally record approximately 5 seconds of pre accident data and 5 seconds of post accident data.
The type of information that may be retrieved from the module includes:

Crash data such as change in velocity, pre-collision speed, post-collision speed and direction of force, percentage of throttle, engine RPM and brake switch status.
Other systems information such as driver seatbelt status and passenger seatbelt status.

You will require expert assistance to access the data on your SRS diagnostic module. You should not attempt to access this information yourself so as to avoid risk of damage to the module.
To preserve this evidence, if you have possession of the damage vehicle, perhaps consider requesting a road accident investigator to access this information early. If you do not have possession of the vehicle, consider requesting access to the vehicle to have that information downloaded by a road crash investigator.
As for the other vehicle, it is difficult to compel access to that information, but it would be worth at least requesting that information from the other driver.
3b. Information to collect after an accident – Light Bulbs
The often overlooked lightbulb can provide valuable evidence of the circumstances of an accident.
If a motor vehicle accident happens at night time questions may arise if any of the parties involved had operating headlights, tail lights or indicator lights.
An appropriate expert can perform a lamp filament analysis to determine whether the bulb was operating at the time of the accident.
How does the bulb provide evidence about an accident? The small coil like filament inside the glass is normally straight and taut. While a bulb is operating, the filament heats up and becomes flexible. During a collision, the filament may experience high impact forces and will react to those forces. These forces can cause the filament to stretch or distort. If the bulb was not operating, then generally the filament would not react to these forces as violently as if the filament was hot, or the filament may simple break into pieces.
It is important to preserve these bulbs after a motor vehicle accident.
In some cases, your insurer, or the police, may take possession of your vehicle. You should ensure that all suggested investigations referred to in this guide are complete before your vehicle is taken and you should always ensure that an appropriate experts undertakes the investigations.
If you have sustained an injury in the accident, your lawyer can gather all of this information on your behalf.
If you have been injured in a motor vehicle accident read our other articles available here or call one of our injury lawyers on 13 58 28.
The post Evidence to Collect After a Motor Vehicle Accident (Part 3 of 3) appeared first on MCNA.

Some readers may have heard that there is a time limit on how long you can pursue a claim. For breaches of contract, that time limit is 6 years. For an injury, it is only 3 years.
What happens if you were injured more than 3 or 6 years ago, but did not know you could make a claim?
At McNamara Law we have assisted a number of people with pursuing a claim for injury that, in some case, occurred over a decade ago.
For people like this, they may have suffered an injury that brought on total and permanent disability that prevented them from working. Unaware that they may be able to claim for total and permanent disability benefits through their superannuation fund, these people have gone on to be supported by another person, or been in receipt of the Centrelink Newstart, or Disability Support Pension.
A total and permanent disability insurance definition will usually be along the lines of being unable to ever again work in an occupation for which a person is reasonably suited based on their training, education and experience.
Most policies do not have a time limit on making a claim for total and permanent disability however some funds have started introducing time limits for making a claim. You should always seek legal advice as soon as possible to prevent the loss of any medical or other supportive evidence and to protect your time limits.
Below are some recent case studies on historical TPD claims that we have assisted with:
Case Study #1
Our client was involved in a motor vehicle accident in 2007. In 2012 our client attempted to make a claim for total and permanent disability on their own.
The TPD claim was for the payout of the insured benefit of more than $150,000.
Shortly after lodging the claim, in 2013 the TPD claim was declined.
Our client sought advices from our firm in 2018. By this stage there had now been an 11 year delay since the injury resulting in the total and permanent disability.
Following our investigations we then lodged a request for review of the claim in November 2018, along with supporting submissions. There were issues with the insurer’s delay in considering our submissions, and after giving notice of our concerns on delay, the insurer then made a decision in May 2020 to approve the claim, which had previously been denied in 2013.
Fortunately for our client, they had sought advices from our firm, and we were able to convince the insurer to payout the total and permanent disability more than 11 years from the decision to decline the claim, and more than 13 years from the initial injury.
Case Study #2
Our client suffered severe back pain in 2010. This was not caused by any specific incident, but from the natural degeneration of the body.
Struggling financially, our client sought our assistance to withdraw their superannuation in 2018. As part of our advice, we conducted a search for any superannuation funds held, and discovered that they held a TPD insurance policy worth approximately $90,000 with one insurer, as well as an income protection policy with another insurer.
Despite the lapse in time, we recommended to pursue both claims. However, it was not without resistance.
After lodging the claim, now 9 years on from the injury, the TPD insurer made the decision that the condition resulting in the disability was excluded under the insurance policy because it was pre-existing. Therefore denying the TPD insurance.
A separate insurer had approved the income protection claim without resistance.
After a lengthy period of back and forth with the insurer, eventually we were able to convince the insurer that the injury was not excluded, and the TPD claim was approved, more than 9 years from the injury.
The income protection gave our client the added bonus of regular payments to age 60.
Fortunately for our client, they had sought advices from our firm, and we were able to convince the insurer to payout the total and permanent disability more than 9 years from injury with additional income protection support.
If you have ceased work because of an injury or illness, or if an insurer has rejected your claim, do not let time be a barrier from investigating whether you have a claim. You may have a large sum of insurance waiting to be claimed, or an opportunity to convince an insurer that their decision to reject your claim was wrong.
For more information about Total and Permanent Disability Claims please contact one of our injury lawyers on 13 58 28.
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There could not be a single person right now who has not heard of Coronavirus, and its rampage around the globe.
The media has been reporting everything from Aged Care Facilities going into lockdown, right up to people stockpiling a year’s worth of toilet paper for the apocalypse.
Among these reports were the events on a certain cruise ship, anchored off the coast of Japan. It has been reported that almost one fifth of the passengers on the cruise ship contracted Coronavirus. Quite a few of those passengers on board were Australian.
This sparked an interesting discussion about whether those Australians might have some cause of action against the cruise ship for their loss of enjoyment of that cruise, and any loss suffered because of containment on that cruise ship.
These cruise ships often advertise that there are many activities to engage in during the cruise, ranging from food and dining, gaming, playgrounds and pools, music and entertainment, and relaxation. The Coronavirus would have removed those options for the passengers, which potentially is in breach of the contract agreed upon between the passengers and the cruise ship.
A contract breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which the breach of contract may cause to the innocent party. However, where the very object of a contract is to provide pleasure, relaxation, peace of mind or freedom, damages could be awarded if the fruit of the contract is not provided or if the contrary result is procured instead. In cases not falling within any exception, damages might be recoverable for physical inconvenience and discomfort caused by the breach and mental suffering directly related to that inconvenience and discomfort.
In 1993 there was an interesting case on this issue known as Baltic Shipping v Dillion (1993) 176 CLR 144. In this case Mrs Dillon was a passenger on a cruise ship. The cruise was meant to go for 14 days, but sank after only 9 days at sea (similar to who those passengers hopes and dreams of an enjoyable cruise sank after Coronavirus arrived).
Mrs Dillon sued the operators for breach of contract and a total lack of consideration. She also sued for distress.
The issues to be determined by the Court where whether there was a total lack of consideration by Baltic Shipping Company and whether Mrs Dillon could recover damages for distress?
The Court held that Mrs Dillon could not recover her fare (the breach of contract claim) because there was not a total failure of consideration by Baltic.
However, the Court did find that damages for disappointment and distress could be recovered only if they result from physical inconvenience caused by the breach or if the object of the contract is to provide enjoyment or relaxation or to prevent ‘molestation’.
Mrs Dillon was ultimately successful and received an award of $51,396.00, which might be around $110,000.00 at today’s rates.
So, how does this apply to the passengers affected by the Coronavirus outbreak? Following from the Baltic Shipping matter, there might be two causes of action:-

Breach of contract for a total lack of consideration; and
Distress.

The first cause of action, breach of contract, can occur when there is:

A failure to perform on time (or at all);
A failure to perform to an agreed standard or specification; or
A refusal or inability to perform before the time for performance has arisen.

Of these, the most obvious cause would be a failure to perform to an agreed standard or specification. The key to success will then be whether there was a total failure by the cruise ship to perform.
The findings in Baltic Shipping on this point were that although the plaintiff had received eight days of the cruise, it was an entire contract and the ‘respondent did not contract with the appellant for an eight-day cruise, still less for an eight-day cruise interrupted by the disaster … What she contracted for was a relaxing holiday experience. It is this that she failed to secure. The contract of carriage was properly categorised as an entire contract.
As I understand the cruise, the cruise was for a two week period, and it was the final night that the Coronavirus impacted the passengers. For that reason, the passengers would likely have no claim for breach of contract as there may not have been a total failure to perform.
The second cause of action, distress, requires some element of negligence. That is, there was a duty of care owed by the cruise ship to the passengers, that duty was breached, and some damage or injury occurred because of the breach.
Here, the passengers were promised a holiday cruise, arguably as an interlude to relax the mind and refresh the spirits. Or, at the least, the cruise ship promised to exercise all reasonable care to provide such a cruise. In breach of the contract, the Coronavirus event might have provoked some severe tension of mind or depression of spirit.
The damage might be said to have been inevitably and directly consequent on the breach of the implied promise to carry the passengers safely (or to use all reasonable care to carry the passengers safely). To prove such an argument, it must be proved that there was an exposure of the passengers to danger and an infliction of mental distress.
In my opinion the cruise ship can in no way be found negligent for the contraction of Coronavirus on board the cruise ship. This was not within its control. However, the management of the Coronavirus after contraction might have contributed to passengers exposure to danger and an infliction of mental distress.
With that said, there may be some potential claim for the passengers to make against the cruise ship for distress, however each case turns on its own facts, and significantly more information would be needed to form an opinion on liability for distress.
In the meantime, wash your hands regularly, avoid coughing on people and perhaps adopt the foot tap instead of the handshake.
The post The Legal Implications of Coronavirus (COVID-19) on Cruise Ships – a Solicitor’s Opinion appeared first on MCNA.

Most workers are aware that if they have an injury at work, or while performing work related duties, they are able to claim for workers’ compensation. This is usually for events causing physical injury, like injury to their back while lifting something heavy, or being in a car accident on the way to or from work.
However, psychiatric or psychological injuries can also occur in the workplace, such as when a person is being bullied or harassed, or they witness, or are a victim of, something traumatic like an armed robbery.
Over the past decade it has become increasingly difficult to establish a claim for a psychiatric or psychological injury due to the provisions that were included in the Workers’ Compensation and Rehabilitation Act 2003. This provision was in effect a requirement that employment be the major significant contributing factor to the injury.
It was this word ‘major’ that has caused many injured workers’ claims to fail. In fact, during the period of July 2017 to June 2018, the rejection rate for psychiatric or psychological injuries was 64.7%.
Fortunately, on 30 October 2019 the legislation was amended to remove this word ‘major’, and now only requires the employment to have been a significant contributing factor.
The ordinary meanings of these words demonstrate the difference:

Major: greater in number, quantity, or extent; prominent or significant in size, amount, or degree.
Significant: having or likely to have influence or effect; probably caused by something other than mere chance.

However, the Act specifically excludes psychiatric or psychological disorders arising out of, or in the course of:

reasonable management action taken in a reasonable way by the employer in connection with a worker’s employment;
a worker’s expectation or perception of reasonable management action being taken against the worker;
action by the Workers’ Compensation Regulator or an insurer in connection with a worker’s application for compensation.

A claim denied due to these exceptions does not suggest that a worker has not sustained a psychological or psychiatric injury, but rather that it is not compensable under the Act.
Examples of actions that may be reasonable management actions taken in a reasonable way include:

action taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker;
a decision not to award or provide promotion, reclassification (or transfer of), leave of absence or benefit in connection with the worker’s employment.

Reasonable management action need not be perfect or above criticism. If management action is considered to have been reasonable, a claim cannot be deemed one for acceptance.
It is hoped that with this change it will now be easier for injured workers to have claims for psychiatric or psychological injuries accepted (for those injuries occurring on or after 30 October 2019).
If you have sustained an injury at work, it is important to lodge an application early. An application for compensation is valid and enforceable only if the application is lodged by you within 6 months after the entitlement to compensation arises, unless special circumstances arose to the satisfaction of WorkCover that prevented you from making the application within 6 months.
If an application is lodged more than 20 business days after the entitlement to compensation arises, the extent of WorkCover’s liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged.
If you have the right to make a common law claim for damages, in Queensland, you have three (3) years from the date of injury or accident to file court documents or serve a compliant Notice of Claim for Damages or you will forever lose your right to make a claim.
For more information about WorkCover claims read our other articles available on our website https://www.mcna.com.au/compensation-law/work-related-injuries/ or call one of our injury lawyers on 13 58 28.
The post Psychiatric/Psychological Injuries in the Workplace appeared first on MCNA.

If you work in the corporate world, you are probably familiar with the concept of arbitration even if you haven’t personally experienced it. You may not know, however, that it can also be used to resolve family disputes. In fact, new rules have recently been introduced to promote the use of arbitration for the resolution of certain family law matters. These rules include the Family Law Amendment (Arbitration and Other Measures) Rules 2015 which amended the Family Law Rules 2004, allowing for the inclusion of a new Chapter 26B on arbitration.
Keep reading to learn more about arbitration and how it may be used to help resolve your family law matter.
What is arbitration?
In the context of family law, arbitration is defined under Section 10L of the Family Law Act. Specifically, it is defined as, ‘a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an arbitrator, who makes a determination to resolve the dispute’. 
Or, to put it in simpler terms, arbitration is: A process that takes place outside of a court in which people involved in an argument each present their side of the story, along with supporting evidence, to someone other than a judge who then makes a decision to resolve the matter.
Who can serve as an arbitrator?
The Family Law Act also explains who can serve as an arbitrator in family law cases. As set forth in Section 10M, an arbitrator must have the following qualifications:

Be a legal practitioner; and
be certified as a family law specialist by a State or Territory legal professional body; or
have at least five years as a legal practitioner with at least 25 percent of their case load during that time pertaining to family law matters;
completion of specialist arbitration training conducted by a tertiary  institution or a professional association of arbitrators; and
have his or her name on a list, kept by the Law Council of Australia or by a body selected by the Law Council of Australia, of legal practitioners that are also qualified arbitrators.

Is arbitration an option in all family law matters?
No. In the context of family law, arbitration cannot be used for the resolution of parenting matters. However, it can be used for the resolution of disagreements about property and financial issues.
Another interesting point is that it can be used to resolve an entire financial or property matter, or certain aspects of the disagreement(s). This means that arbitration may be an option for you if you and your ex-spouse have agreed on everything except for one relevant issue. It also means that arbitration may be a viable option if you can’t agree on anything at all.
For instance, arbitration may be helpful if you can’t agree on the value of a business or asset. It may also be helpful if you agree on the general percentage split, but are at odds over the balance sheet.
Benefits of arbitration in family law
When compared with court proceedings, arbitration has several benefits. One is that it is voluntary. Another is flexibility. For example, arbitration hearings can be held prior to, during or after court proceedings have been initiated.
Even if a matter is referred by court order, you and your former spouse may also have a certain amount of discretion as to how the arbitration is conducted. This is because you may be able to prepare a written arbitration agreement before the hearing(s). In it, you can detail the issues that the arbitration should address and how it should proceed.
Additional benefits include:

Efficiency – arbitration is usually quicker than traditional litigation.
Cost – arbitration tends to be less expensive than traditional litigation.
Setting – because it takes place outside of a courtroom, arbitration is less formal than traditional court proceedings, lessening stress and anxiety for many participants.

Is the arbitrator’s decision binding?
There are two things to consider here. The first is that the Family Law Act gives an arbitrator the same protection as a judge. As Section 10P states: “An arbitrator has, in performing his or her functions as an arbitrator, the same protection and immunity as a Judge of the Family  Court has in performing the functions of a Judge.”
The second is that Regulation 67S of the Family Law Regulations 1984 stipulates an Arbitrator’s award is enforceable as if it were an order. Specifically, it states: “A party to a registered award may apply for enforcement of the award as if the award were an order made under Part VIII of the Act.” In other words, if you are involved in a family law matter decided by an arbitrator, the arbitrator’s decision will be recorded. Once it is, you have the same rights to apply for enforcement of the decision as you would if it were a court order.
But there is a catch. Although an arbitration award is binding, the law allows for judicial review in certain circumstances. Specifically, a court may review and overturn the arbitrator’s decision based on any mistake in the interpretation of or ruling on a point of law. A court may also change the arbitrator’s ruling if it is clearly unjust or unfair.
The bottom line
Because no two marriages, families or separations are the same, there isn’t a universal methodology or solution that works for everyone. The best way to decide whether alternative dispute resolution, such as arbitration, is best for you, is to consult a qualified legal professional.
McNamara has the skills and experience needed to assess your unique circumstances. Once we have done so, we can provide comprehensive legal advice and representation that is suited to your needs. Contact us to learn more today on 13 58 28.
The post What is Arbitration and Will it Resolve My Family Law Matter? appeared first on MCNA.

There are arguably few more emotional times in a person’s life than during a relationship break-up, particularly where children are involved. The stress of the situation can often impair a person’s ability to make rational decisions, as is often the case when one parent decides to remove a child or children to another location without the other parent’s consent.
There are also circumstances where one parent will make this decision because they believe the other parent to be abusive or potentially violent, or they have a legitimate desire to be closer to the support of their family after the domestic split.
In any event, relocating a child without the permission of the other parent can result in a court making a Recovery Order that can be enforced by police to return the child to the parent who didn’t remove the child (or another recognised caregiver, such as a grandparent), in his or her original location.
At what stage can a Recovery Order be made?
It’s important to distinguish between the different circumstances involved in individual family cases, in particular, the difference between situations where there are court orders already in place, where there are current proceedings before either the Family or Federal Circuit courts, or where neither of those situations apply.
In the first instance, under Section 67K of the Family Law Act 1975 an application for a Recovery Order can be made so that the child can be returned to the care of:

a person who the child lives with, spends time with or communicates with as stated in a parenting order;
a person who has parental responsibility for the child in a parenting order;
a grandparent of the child; or
a person concerned with the care, welfare and development of the child.

A Recovery Order will also prevent a parent or other person from trying to again collect and withhold the child.
In the situation where there is already an application before the court for parenting orders, then the party seeking recovery of the child can file an urgent application in the case seeking a Recovery Order. If it’s believed there is a risk of harm to the children, this application can be heard ex parte, meaning the court will hear it in the absence of your former partner and without providing any notice of the application to them.
Where there are no current court proceedings, the parent seeking recovery can make an application to the court to make both parenting orders and a Recovery Order.
A party seeking a Recovery Order will need to file an affidavit in support of the application and the court, in considering it, will determine what is in the best interests of the child.
What happens if a child is relocated overseas?
In the event that one parent removes a child to a foreign location, the circumstances become more complicated in terms of recovering the child.
The Australian Central Authority within the Federal Attorney-General’s Department provides assistance to parents seeking to recover a child removed to an overseas location and administers the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a multilateral treaty to which Australia is a signatory and which provides a lawful procedure for seeking the return of abducted children to their home country.
An application for the return of a child taken overseas can be made to the Authority if the following criteria are met:

The child is under the age of 16 years;
the applicant has “rights of custody” in relation to the child;
the applicant was exercising their right of custody at the time the child was wrongfully removed from, or retained outside, Australia;
the child was usually a resident in Australia immediately before they were wrongfully removed from, or retained outside, Australia;
the child has been taken to a country which is a party to the Hague Convention;
the child has been taken from Australia or kept in another convention country without your consent, or without a court order.

A certified copy of the child’s birth certificate, photographs of the child and the person who removed the child, a certified copy of any Parenting Orders, and a copy of your Certificate of Marriage and Divorce Order (if applicable) must all accompany any application.
The importance of legal assistance
In any of the scenarios outlined above, the issues are complex and highly charged. The advice and assistance of an experienced legal representative can be essential in expediting any matter involved in the recovery of a child who has been removed from you without consent. Documentation, timeframes and court appearances are all made somewhat easier with a trusted legal advocate by your side.
McNamara Law has wide experience in legal matters involving families, providing personalised and caring service in situations such as those outlined above. We offer an initial half-an-hour free consultation to discuss your issue and canvass all possible options available to you to protect your rights and those of your children. Call us today on 13 58 28 if this article raises any questions or concern.
The post What is the Best Way to Recover a Child Removed from Your Care? appeared first on MCNA.

There is a compelling reason a person makes a will before they die, and that is to ensure their wishes are carried out in terms of distributing the estate they leave behind. Doing so prevents the stress, uncertainty and – let’s be honest – squabbling that can beset surviving family members as they work out who gets what from the deceased’s assets.
Should you die without having made a will during your lifetime, you are said to have died “intestate”. Specific intestacy laws, which in Queensland are included in the Succession Act 1981, will come into play if you haven’t left a will.
What do the intestacy rules mean for an estate?
The laws will determine how the assets of an estate are distributed in the absence of a will, including real estate, bank accounts, securities, shares and other assets. The court will appoint an administrator to conduct this process. Once an application is made by surviving family members for “Letters of Administration”.
Only a select group of relatives, in a predetermined order, can apply for this role, which is as follows: Surviving spouse (including a de facto partner); children; grandchildren or great grandchildren; parents; brothers and sisters; children of brothers and sisters; grandparents; uncles and aunts; first cousins; anyone else the court may appoint.
Once appointed, the administrator is then responsible for: Paying off outstanding debts left by the deceased; tracking down relatives and inheritors and ensuring that the estate is divided and received in accordance with the law.
It should be noted there are fees involved for a person who applies to become the administrator of a deceased relative’s estate, however these fees are payable by the estate
How is the estate divided where there’s no will?
The distribution of your estate, should you have died without making a will, depends on your life circumstances.
If you’re married or in a defacto relationship with children, your spouse will receive the first $150,000 of the estate, with the remainder split between the spouse and the children. If you were married or in a defacto relationship but had no children, then your spouse receives the whole of the residuary estate.
If you are single with children, then your children will inherit your estate in equal shares. If one of your children has died before you and they have children, then his or her share will pass to that child’s children (your grandkids).
If you’re single with no children, for example, your parents will generally inherit your entire estate, whether they are divorced or still together. If your parents have predeceased you, then your siblings will inherit your entire estate in equal parts. If one of your siblings died before you, but they had children, that sibling’s share will go to their children. If you have no surviving parents, siblings, or nieces and nephews, then your estate will be divided between your relatives of your mother’s side, and the relatives on your father’s side.
Disputing the asset split
In general, a Family Provision Application can be made by family member who is unhappy with the terms of a relative’s will and seeks a greater share of the estate, based on the needs of that person. This application can also be made if the deceased died intestate, though it is rarer.
The only people considered eligible in Queensland to make this sort of application are the spouse/s, children or dependants.
If you are uncertain about the next steps to take in the event a close family member died without leaving a will, it’s advised you consult a lawyer experienced in estate administration  who can advise the best course of action to avoid a messy and drawn-out resolution of the estate distribution.
The post What Happens if Someone Dies Without a Will? appeared first on MCNA.

Buying a property is one of the biggest decisions you’ll make in life, and so it’s important to discover everything you can about the asset before taking the plunge.
Undertaking a process of due diligence is essential in order to avoid some of the common pitfalls that befall people when making this significant financial investment.
This includes understanding the arrangements in place if the property is currently occupied by tenants, conducting investigations into the building’s state – including the integrity of the structure, pest and pool inspections – and any restrictions on possible future development of the asset. This article examines a few of these in brief but it’s always advisable to seek the advice of an experienced legal professional when embarking on the due diligence process before buying a property.
What you need to know if the property currently has tenants
So you’ve found the property you want to buy but the current owner has tenants living in the house. If your plan is to buy the property as your residence, there are some important things you’ll need to know before signing any contract of sale.
Most important is finding out the terms of the tenancy agreement between the tenant and the current owner. In general, tenancy agreements are periodic or fixed term. A periodic tenancy agreement means the tenant rents the property for an indefinite period, compared with a fixed-term tenancy where the tenant agrees to rent the property for a certain amount of time. Once the fixed-term period ends, the agreement often evolves into a periodic agreement unless the landlord and the tenant agree to negotiate another fixed-term deal.
As part of your due diligence on a property, you have the right to find out what type of lease the tenants of the house have. If it is a periodic lease, you can request ‘vacant possession’, that is, that the landlord ensure the property is vacated. In Queensland, the property manager/owner must then give the tenant a Notice to leave (Form 12). The tenant must be given at least four weeks’ notice from the signing of the contract of sale.
If the tenant is on a fixed-term agreement that has not expired when you are planning to buy the property, the tenant is entitled to remain in the property until the end of the tenancy contract. It is possible to privately negotiate with the tenant to see if they will agree to end the lease early, and you may also offer incentives such as helping them with moving costs in order to facilitate the move, but ultimately the decision rests with the tenant.
If you plan to purchase the property and remain as landlord, it’s important to be aware of not only the tenancy agreement in place, but also the tenant’s track record in looking after the property and payment of rent, plus any outstanding maintenance issues which should be dealt with before the transfer of ownership.
Property inspections and other matters to check before purchase
While you may instantly love the look and location of a property, put your positive emotional reaction to one side while you do a sober assessment of whether there are any issues which might make you later regret committing to the purchase.
This means engaging building and pest inspectors to make an assessment of any structural defects, pest infestations, faulty wiring, plumbing and drain issues, asbestos, lead paint, and more.
Other things to double check include existing mould; any areas that have fresh paint applied to them; sagging ceilings; the fit of doors and windows; the pressure flow and temperatures of taps and toilets; the condition of floors under carpets; the plumbing under sinks; the hot water system; lights and fuse box; roof, guttering and drains; and exterior walls for cracks.
It’s advised you conduct these inspections a reasonable time before you sign any contract of sale and again before the day of settlement to ensure that nothing on the property has changed since the first inspection.
Legal considerations in buying a property
Check the sort of title the property is held under. While freestanding houses in Australia are generally held under freehold Torrens title, if you’re buying a unit, townhouse or villa, it may be under strata title.
Buying a strata property means you will be subject to the scheme’s bylaws and need to pay regular levies for maintenance and other expenses.
An experienced solicitor can check on property title for you, and also check that the seller’s contract for sale include all the things you need to make a fully informed purchase decision. This commonly includes any zoning certificates, land plans, and drainage diagrams, and a Certificate of Title that confirms the current ownership and whether there are any encumbrances on the property.
Encumbrances are restrictions placed on a land title. They might be placed on the property by the local council, land zoning, or other reasons. An encumbrance can include a registered interest in the property by a person who is not the landowner.
Easements, covenants and caveats are all types of encumbrances that you should be aware of before you buy a property. A negative easement, for example, may prevent you doing anything to the property that obstructs a neighbour’s view. A covenant may prevent the use you can make of the land, or the type of material you can use to build.
The importance of legal advice
As can be seen there are many things to consider before you sign on the dotted line to purchase your dream property. It’s always best to get the detail of a property purchase right from the outset lest you later end up in a costly administrative nightmare as various problems are gradually revealed.
McNamara Law provides understanding, expert legal advice on all conveyancing and real estate matters, and can help you avoid the common mistakes people make when they see the property they wish to buy. Contact us today on 13 58 28 for an initial consultation on any property-related matter.
The post So You’re Buying a Property? How to Ensure You Make the Right Decision appeared first on MCNA.

The Spider and the Fly is a poem by Mary Howitt (1799–1888), published in 1828. The first line runs like this: ‘Will you walk into my parlour?’ said the Spider to the Fly.” The story is spun around a cunning spider who lures and entraps a fly in its web by using seduction and manipulation. The poem is a cautionary tale against those who use flattery and charm to disguise their true intentions.
How many of us regret at leisure after hastily taking that first step into that web – which in hind sight was the catalyst to the world of pain we find ourselves in. That proverbial first step could be a raised hand, a harsh word, a click of a mouse, the tapping of a key, or any one of a myriad of other ill-considered acts or omissions.  It could be that you’re the fly caught in the web of a violent spider.
The consequences of stepping into that parlour are obviously catastrophic for the fly who ends up in a death trap.
Whether you’re the spider or the fly help is available. We at McNamara’s act with empathy and astuteness for you regardless of whether you are the spider or the fly.
Call us for your 1/2hr free consultation on 13 58 28.
The post The Spider and the Fly appeared first on MCNA.

One of the most troubling issues when a couple with children separate or divorce arises when one parent wants to move away with the children and resettle in a place that is a considerable distance away from the other parent.
After a couple splits, it’s natural that the parties wish to get on with their lives. They may meet a new partner who lives interstate (or even internationally), or want to relocate to pursue a new or better employment opportunity. But this doesn’t mean that the parent who wishes to relocate can automatically take their children with them. They require the permission and agreement of the other parent before doing so.
Failure to gain permission may mean the relocating partner becomes subject to a Recovery Order sought by the other parent, where the child or children can be brought back by the Australian Federal Police or local police until the issue is properly resolved through the court.
What is the process if one parent wants to relocate with children?
Ultimately the Federal Circuit Court can make orders either allowing or disallowing a parent to move away from the other parent with the couple’s children. But before getting to court, the parties are always advised to undertake meditation or family dispute resolution in order to try and resolve their differences on the issue.
Even at this stage it’s recommended you seek knowledgeable legal advice in order to understand your rights before entering into the dispute resolution process. Generally speaking, dispute resolution offers a quicker, more cost-effective and more amicable path forward for each parent, where creative solutions can be agreed on which will then be documented in a Parenting Plan or a Consent Order. It should be noted that a Parenting Plan – while constituting an agreement between the parties – is not legally enforceable and can be varied by a new agreement. A Consent Order, on the other hand, is also an agreement between parents but one that is registered – and therefore enforceable – by the court.
What happens if the matter ends up in court?
If agreement can’t be reached via dispute resolution, either parent can apply to the Family Court or Federal Circuit Court so that a decision can be made to resolve the relocation issue.
The court takes into account a range of factors in determining whether to allow one parent to relocate with the children, based on the “best interests of the child” provision within the Family Law Act. These include:

Deciding whether the new arrangements allow the children to have or develop a meaningful relationship with both parents (in particular, the parent who is not relocating).
What the child or children wishes to do, taking into account their maturity and understanding of the matter.
Accounting for the attachment of the child to each parent (and any other significant people in the child’s life) and therefore, how great an effect being separated from that parent/those people will have on the child.
The practicalities of the child spending time with each parent in terms of cost, travel time, etc. Again, this is particularly relevant for the non-relocating parent.
Whether any siblings are involved, particularly if they wish to remain with the non-relocating parent and the effect this will have on the child who has to move.
The reasons behind one parent wanting to move, including the prospect of better economic opportunity, better support from extended family, or because of domestic abuse in the former relationship with the other parent.
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent, including preparedness to spend holidays and other milestone moments with them.
Whether the parent who doesn’t want to relocate is at all able to do so.

As is clear, these are significant and complex issues to be worked through by the court. Any decision to pursue a decision through the court process should be supported by expert advice by experienced family lawyers.
McNamara Law handles legal matters involving families with sensitivity, compassion and understanding. We offer a free, initial 30-minute consultation to discuss your issue and canvass all possible options available to you to protect your rights and those of your children. Call us today on 13 58 28 if any of the issues raised in this article are causing concern.
The post Do I Need to Get the Other Parent’s Permission to Move? appeared first on MCNA.

In a time when the whole world is coming together to fight the COVID-19 pandemic, some insurers are doing just the opposite.
The ABC has recently reported that they obtained an internal document from TAL, one of Australia’s largest insurers, suggesting that TAL is adding an exclusion clause to some of their insurance policies that states:
“No benefit will be payable under this cover for any claim resulting directly or indirectly from COVID-19, any related condition or infection or any complication thereof,”
The exclusion is suggested to apply to some policies sold through insurance brokers or directly by TAL, but does not affect existing customers or people who take out life insurance through their superannuation.
If you need assistance on an insurance claim, contact one of our injury lawyers on 13 58 28.
The post Insurance and COVID -19 appeared first on MCNA.

THE GLORIES of our blood and state
Are shadows, not substantial things;
There is no armour against Fate;
Death lays his icy hand on kings:
Sceptre and Crown
Must tumble down,
And in the dust be equal made
With the poor crookèd scythe and spade
(From “Death the Leveller” by James Shirley 1596-1666)
These words of James Shirley (1596 – 1666) resonate loudly as we ponder the by-products of a pandemic that rages through our community. Like death, the Corona Virus has laid its icy hands even on royalty and statesmen. It has shown no respect for person, family or status and relentlessly invaded the inner sanctum of society and from the highest to the lowest.
As certain as it is that the pandemic spares no one, it is equally true that the severity of its consequences are cushioned by the circumstances of individuals. As legal practitioners in a sensitive jurisdiction – a therapeutic jurisdiction at that, where human relationships are central to outcomes, we cannot help but give anxious consideration to the circumstances of our clients trapped in troubled relationships during these anxious times.
Somewhat like the Corona Virus, conflict in human relationships spares no one. No matter what you wield – be it sceptre and crown or poor scythe and spade, you could be a candidate for domestic strife in pressured situations if you are not super vigilant. It doesn’t take much for the escalation of emotions and a seemingly benign domestic situation to spiral out of control, especially when your family is in one way or the other experiencing the Corona related stressors such as the closure of your business, loss of employment, cash flow issues, mortgage and rental pressure and a myriad others.
In a bid to arrest the spread of the pandemic, governments have implemented a policy of social distancing and self-isolation. If you are a victim of Domestic Violence, you may well be in a lockdown with your abuser. How safe are you in such an environment? Are you even able to make a discreet call for help?
A Women’s safety group in NSW reveals that 40% front line Domestic Violence workers are experiencing increased calls for assistance and 70% of the calls are more complex than the average during the pandemic.   This means more cases and an escalation of violence and abuse. The CEO of the same organisation revealed that victims are experiencing difficulties in accessing support services due to the impact of the pandemic. With social distancing and self- isolation requirements, most services have switched to online or over the phone. The sheer volume of callers has resulted in congestion and over loading of the lines and urgent cases not receiving the desired assistance.  Among the types of urgent assistance requested of the Federal government are funding for emergency accommodation for victims fleeing from abuse and training and support for specialist law enforcement personnel and for trackless phone technology. Another factor fuelling the higher than usual incident rate is the financial instability occasioned by unemployment and the increased use of alcohol and drugs during social isolation.
It may be too early for pandemic related Domestic Violence data to be made available. However, the unfortunate indications are a huge spike that could mean a severe detrimental impact on our community.
We at McNamara Law have put the following measures in place for our clients who need our assistance during this critical time.

A devoted hotline which you may ring 24/7 for direction and advice.
A circle of care comprising of a Life Coach, Social Worker and Psychologist to whom we would refer you with no reward or payback in it for us.
An Initial consultation for 30 minutes free of charge with one of our Lawyers experienced in Domestic Violence matters.
Urgent preparation and lodgement of your Court documents and appearance in Court where required for clients who retain our services.
Efficient resolution of Domestic Violence proceedings.

Speak to us today on (07) 34832051 our dedicated family law hotline.
The post Covid-19 and Domestic Violence in a Lockdown appeared first on MCNA.

Recently, the Federal Government has passed temporary legislation that allows some Australians to access $10,000 to $20,000 of their superannuation.
However, last year, the Federal Government passed legislation last year cutting off insurance (such as death, total and permanent disability, or income protection) for inactive super accounts with balances that have never been greater than $6,000, and for new account holders younger than 25.
It may be of concern that withdrawing $10,000.00 might reduce a superannuation balance to less than $6,000.00, and that person might then be left with no insurance.
In response to this concern, the Assistant Minister for Financial Services Jane Hume clarified that people who withdraw from their super in the coming months would not lose their insurance, even if they fall below the threshold.
“If your account is active and has been greater than $6,000 at any time after 1 November 2019, your insurance will not be switched off,”.
If you need assistance on an insurance claim, contact one of our injury lawyers on 13 58 28.
The post You and Your Super appeared first on MCNA.

McNamara Law is proud to announce a new way in dispute resolution. AMC, a hybrid for three well known and existing alternative dispute resolution models.
AMC is a combination of Arbitration, Mediation and Conciliation rolled into a single event giving flexibility and speed to the resolution for Family Law issues being either Parenting and/or Property.
Introducing this new threefold hybrid model of dispute resolution and taking into account the current global crisis and social distancing requirements, we at McNamara Law are proud to offer AMC to our clients through alternative measures such as teleconferencing or online platforms.  This allows all parties to participate in the dispute resolution process from the comfort of their own homes or a location of their choice.
Speak to us today regarding your Family Law issue to see if AMC is right for you. 13 58 28.
The post Resolving Family Law Matters Without Going to Court appeared first on MCNA.

An executor of an estate must retain the firm that prepared the deceased persons Last Will as the lawyer to assist them in administering the estate, right?  Wrong!!  This is a regular misconception.
It is not uncommon for the deceased person to have lived in a separate location to the executor. The struggles one can face as an executor administering an estate, at the same time as they are grieving the loss of a loved one, is enough for any person to deal with without throwing travel into the mix.
Even travelling to a Solicitor as close as Brisbane, for a person living in an Ipswich suburb, can be difficult. It’s not like you can just book an appointment to see the lawyer while you are on your lunch break. It involves taking time off work each time you need to attend the lawyers office, attempting to avoid the build-up of traffic on the highway, and don’t even get me started on the dreaded issue of parking in the Brisbane CBD.
On the death of a person, the executor is the person with the right to possession of the Will. This means that the executor, on producing evidence of the will maker’s passing, is able to collect the Will and take it to their own Solicitor, or a firm of their choosing.  Alternatively, the Solicitor that the executor may wish to retain can also have the executor sign an authority and then collect the Will on the executor’s behalf.  It is certainly not the case that the executor is ‘stuck’ with the Solicitor who prepared the Will.
If you or anybody you know is the executor of a Will and has lost a loved one, our Wills and Estates team are ready and willing to assist you.  At McNamara Law we understand that you are going through what will be one of the most difficult times of your life and we are here to make that difficult time just that little bit easier. Let us help lighten the load so that you can focus on the things you should… that is, grieving and being with family. We have lawyers who practise exclusively in the area of Wills and Estates at each of our Ipswich, Springfield Central and Gatton offices. All offices have the convenience of free parking and, to top it off, a trip down the Highway in peak hour traffic can be avoided!
The post Have You Lost a Loved One? Was the Will Drawn by Another Firm? We can Still Help appeared first on MCNA.