Although our firm has been looking after the legal needs of the people and businesses in the Ipswich and Lockyer Valley since 1923, we like to think that we are working at the cutting edge of technology.
Part of keeping up with today’s tech, we are astutely aware of how insurers are using technology to defend against claims by injured Queenslanders.
Now introducing KLAiM, the virtual defence lawyer. A global law firm is bringing to Australia a new internet based platform to help insurer defendants change their claims processes, with the intent for them to use lawyers less.
Originating in the UK, KLAiM has been designed with built in templates and guidance notes to help a claims handler navigate through the complex litigation process. With its knowledge base, KLAiM can generate court documents and apparently replace most tasks which an insurer defendant might use a lawyer.
In the UK it is boasted that KLAiM has helped settle in excess of 80% of claims without the insurer defendant needing a lawyer.
With the introduction to Australia, KLAiM has been constructed around our Personal Injuries Proceedings Act 2002 (Queensland).
This global law firm is excited to bring the KLAiM technology to Australia. McNamara Law is excited to go head to head with a robot, although, it could be said, that dealing with some claims handlers is like dealing with a robot.
For more information about Personal Injury claims read our other articles available on our website https://www.mcna.com.au/compensation-law/  or call  our  injury lawyers on 13 58 28.
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Who doesn’t love a free trip to Melbourne! Sally Adams of our Ipswich office recently won a trip to Melbourne (thanks to PEXA) to attend their annual Open Day and tour of the PEXA Headquarters.
PEXA (Property Exchange Australia) is Australia’s online property exchange network. It is the national e-conveyancing solution to the Australian Property Industry. It assists members – such as lawyers, conveyancers and financial institutions – to lodge documents with Land Registries and complete financial settlements electronically. PEXA is committed to supporting the Australian property industry as it transitions towards a 100% digital conveyancing process that’s ensures your property settlement is completed is a fast, efficient and moist of all safe for you.
Here is Sally’s review of her little getaway to Melbourne and PEXA Headquaters.
Up bright and early to the airport on Thursday morning, I was feeling a little apprehensive about the “polar storm” on my approach to Melbourne and wondering whether planes can land sideways due to the wind, however all was forgotten when greeted at the airport by a driver holding my name plaque, who in instantaneously whisked me off in pure luxury to the Crown Metropol. I had nothing other than to fulfil my first agenda…shopping.
There were 8 Queensland conveyancers, who, like me, were successful to win the trip to Melbourne. That evening PEXA took all 8 of us to dinner at Rosetta’s, one of Neil Perry’s signature restaurants.  Melbourne know how to do dining right. The Pinot Gris was flowing, the food was amazing but the conversation was the highlight of the evening as we all got to know each other. Our group was a mixture of Solicitors and Conveyancers from Mackay, Whitsundays, Redcliffe, Sunshine Coast, Gold Coast and of course Ipswich.
The following morning, we were taken to the PEXA headquarters where we were introduced to the PEXA team and toured the premises which was an open plan office with a large central meeting place they call PEXAPLEX (decked out with its very own piano and basketball court which they are only let loose on after 4pm). After our tour we sat as a group and discussed the PEXA platform with our new found friends. How we all use the platform, what we like, what we love and what we loathe about it.
The PEXA Open Day was that afternoon to showcase PEXA’S new developments and what they are currently working on. All I can say is AMAZING!!!! We spoke with the different teams working on Security, PEXAKey (New App for clients), PEXAPlus and future integration of PEXA with our Practice Management Systems.
Queensland has been slow to adopt PEXA for our conveyancing process – with Victoria, New South Wales and Western Australia all now fully conducting electronic settlements. These three States will be the first to have the new PEXA features rolled out to them, which is great because any teething problems can be ironed out before it gets to us in Queensland.
The one thing that stood out was the level of support PEXA gives its users. They really do listen to suggestions to improve their platform and have a team dedicated to improving, creating and testing new features. I was excited mostly by PEXAKey – an app that clients can download to their phones to securely provide instructions and keep track of their settlement. This will improve our clients experience and have them more involved in the process.
Sadly all good things must come to an end, and there definitely was no driver holding my name plaque at the Brisbane airport. However, making lasting friendships along the way is always a bonus, and the Queensland competition winners and the PEXA team are already making plans for our next catch up in September in Queensland, inspiring us all to continue our learning journey to utilise the PEXA platform to its best advantage and give great service to our clients.
If you would like to know more about PEXA or would like us to perform your next conveyance through the PEXA platform call Sally (Ipswich), Cheryl (Ipswich), Aleisha (Springfield) or Michele (Gatton) who will be more than happy to help you with your PEXA (Electronic) settlement. Call us today on 13 58 28.
The post Sally’s PEXA Adventure appeared first on MCNA.

For a long time Ipswich has not been a desirable location for property buyers of any type, but that has changed with a confluence of factors driving hordes of first home buyers, renovators, and investors west of Mt Coo-tha to roll up their sleeves and dust the coal dust of some old Ipswich gems in the property market.
Supply and Demand
Ipswich is one of the top 10 fastest growing regions by population in the nation.
In 2018 Ipswich had a population of 215,000, and the Qld Government doesn’t expect growth to slow, with a projected population in 2026 of 325,000, and by 2036 of more than 480,000!
All those people are going to need homes to live in and like anywhere homes in great locations near schools, parks, public transport and shops will see their values grow exponentially.
Affordability
No other city in Australia offers value buying like Ipswich.
In Ipswich you can buy a tidy house on 600m2 walking distance to a train station, schools, cafes, and the local Coles for $250,000.
In Kedron, Brisbane in contrast you will pay double that for a vacant block of land, and only be 15-25 minutes closer to the Brisbane CBD.
A first home buyer in Ipswich will have bought 2 years earlier (having to only save a fraction of the deposit) paid off 2 houses, have a passive rental income, and possibly bought more investment properties all while enjoying less mortgage stress and unrivalled capital gains.
Had they bought in Kedron and built a new home, they would still have $200,000 in debt, years left on their mortgage, and, thanks to the depreciation on the new build, may have enjoyed only nominal increases in their property value.
Renovator’s Paradise
It seems to be in our genes as Australians to want to splash paint on walls, rejuvenate bathrooms, spruce up laundries, and renovate kitchens.
If you’ve been watching the block and feel the urge to roll up your sleeves, there is no better place for it than Ipswich. Ipswich’s (literally) rich history as a mining town means that there is no shortage of gorgeous old houses that have been under loved for decades, just begging for an enthusiastic young couple to roll up their dusty carpets and polish their floor boards.
New Homes
If you are not someone that loves having paint under your fingernails, the shiny new suburbs of Springfield and Ripley are calling you.
Come for the drive one weekend, be inspired by the beautiful new homes in the huge display village. Enjoy a picnic in the tranquil Robelle Domain, and experience what all the hype is about in this award winning master planned city.
Buying new of course means you get the First Home Buyer’s Grant of $15,000, but be careful not to pay too much.
Vibrant Community
Whether your preference is the character and charm of ‘old Ipswich’ or the comfort and convenience of its new suburbs, there is plenty of places to enjoy the weekend in Ipswich and surrounds, but don’t take our word for it. Check out Urban List, Discover Ipswich, and this Great Calendar of Events.
What to look out for
Buying real estate is likely to be one of the biggest decisions you will make in your life, so it is worthwhile paying for great local advice.
At McNamara Law we have a team of local property law experts with offices in Ipswich, Springfield, and Gatton. We are familiar with the local area and help make sure you don’t buy a lemon. We will make sure you know before it’s too late if there’s a mine shaft under the property or if it flooded in 2011 or 1974.
Whether you’re buying or selling, or just thinking, give us a call for an obligation free chat.
Some properties we’ll be checking out this weekend:
183 Whitehill Road, Raceview

Renovator’s delight in a great spot close to schools and the cbd.
Agent: Jason McNamara, 0412327472

23 Parker Lane, North Ipswich

Large unique and affordable block of land, close to shops, schools and bike path
Agent: Johnson Real Estate Ipswich, 07 3281 1677

5 Whitton Street, Springfield Lakes

All the convenience and comfort of a new home in beautiful Springfiled Lakes, at rare price
Agent: Scott Smolders, 0403 428 676

The post Why Ipswich is a First Home Buyer’s Mecca appeared first on MCNA.

The recent prosecution of a local Ipswich man serves as a timely reminder that we all need to give second thought to posts we might put on Facebook. I am sure that just about every suburb has a community Facebook page called something like “[insert suburb name] Residents” or “Community Watch” where people can report their noisy neighbours, or someone who might drive over the curb.
In 2016 Mr Robert Newburn put a post on Facebook  group called Rip Offs Beware List Ipswich and Logan that used phrases including “a total nut job” and “sicco bitch from hell” when speaking of his dealings with a woman and the European model car she drove.
Although Mr Newburn was remorseful and regretful for his post, and had immediately deleted it, the Police had still charged him for using a carriage service to menace, harass or cause offence – a breach of the Criminal Code Act.
This Act provides that if a person commits such an offence, the maximum penalty is 3 years imprisonment. Fortunately for Mr Newburn no prison sentence was imposed and he was given a fine of $150.00.
Often the writers of post such as this do not fear any repercussions for their comments when first written, but everyone should start giving more thought to the things they write on Facebook.
The post What Happens if You Use Facebook to Publically Shame Someone? appeared first on MCNA.

Every year (or 6 months) you need to renew your car registration. Built into your registration is Compulsory Third Party (CTP) Insurance.
This CTP insurance primarily provides protection to you (if the at-fault driver) against compensation claims from people injured in a motor vehicle accident.  Those making a claim could be drivers of other vehicles involved in the accident, passengers in your car and other vehicles, pedestrians, cyclists, and motorcyclists.
If the person you have injured is unable to work, or needs medical treatment, your CTP insurer pays them compensation that can cover their medical and rehabilitation treatment and/or loss of income related to the accident.
But….did you know you can get free money for switching CTP insurer when you renew your registration?
In Queensland, you can choose from Suncorp, Allianz, QBE or RACQ. Some of these insurers will offer you a gift card if you switch for the first time. There is no additional cost in switching insurer, and will come down to personal preference as to which insurer you want to deal with the defence claim if you cause an accident.
Currently, if you switch to Suncorp they generally offer a gift card of up to $30.00 value. If you switch to QBE, they are generally offering up to a $50.00 gift card.
There are currently no gift card options with Allianz or RACQ, but there are other benefits with each of the CTP insurers, which provides some coverage for at fault drivers. Before making the switch, read our article about insurance for at fault drivers here [hyperlink to be created], because switching might result in a temporary loss of at fault driver insurance.
If you have been injured in a motor vehicle accident, contact one of our injury lawyers on 13 58 28 who will be happy to speak with you about your situation.
The post Have You Claimed Your Free Gift Card from Your CTP Insurer? appeared first on MCNA.

Every year (or 6 months) you need to renew your car registration. Built in to your registration is Compulsory Third Party (CTP) Insurance held with Suncorp, RACQ, QBE or Allianz.
Traditionally, this insurance provides protection to the at-fault driver against compensation claims from people injured in a motor vehicle accident. There have recently been changes to the CTP insurance scheme and insurance coverage is now offered to the at fault driver in an accident as well.
If certain injuries are sustained, the CTP insurers will pay a lump sum benefit to the at fault driver, subject to certain conditions.
Across the board, the policies do not cover psychiatric injuries, or if the driver was under the influence of drugs or alcohol. The policies also do not cover police, motorcycle riders, or drivers under the age of 25.
On some policies, up to $5,000 is paid for immediate medical expenses, if the injured at fault driver is likely to have an injury listed in the schedule of benefits.
The scheduled injuries generally include:

Quadriplegia or Tetraplegia;
Paraplegia;
Total loss of power of speech;
Total loss of hearing;
Partial or total loss of eyesight;
Loss of one or more limbs;
Total and permanent disablement; and
Other injuries resulting in death.

Each of the policies offer different insurance terms, and different insured amounts. For further information about the policies, contact our injury lawyers on 13 58 28.
You might consider switching CTP insurers to have a policy that you would suit your personal circumstances. Read our article about switching CTP insurance here.
But, there are important things to remember:

If you switch policies, although the CTP insurance will switch to the new insurer, the at fault insurance coverage will not commence with the new CTP insurer until the next registration renewal. There is potentially up to a 364 day gap where the insurance is not in effect if you switch the day after renewing for 12 months.
There are very strict time limits for making a claim from the date of the accident.

Suncorp – 60 days;
RACQ – 30 days;
Allianz – 30 days;
QBE – 180 days.

Although the insurer has the discretion to extend this time, it is important to notify the insurer of a potential claim as soon as possible, otherwise you may lose the right to claim on this insurance.
If you are the at fault driver in a motor vehicle accident, and have suffered one of the prescribed injuries, contact our injury lawyers on 13 58 28 to see if you are able to claim on the at fault driver insurance policy.
The post Were You at Fault for a Motor Vehicle Accident, and Suffered Injury? appeared first on MCNA.

Earlier this year, McNamara Law became PEXA certified. ‘PEXA’ stands for Property Exchange Australia.  It is the only Electronic Lodgement Network (ELN) and national online system within Australia.  PEXA’s abilities include:

preparation of electronic dealings and verification of lodgement acceptability;
electronic settlement of real property transactions including payment of settlement monies, duties, taxes and any other disbursements; and
Electronic lodgement of dealings to the appropriate Land Register.

McNamara Law’s conveyancing team have now successfully completed several electronic conveyances.
Electronic conveyancing is a game changer in the way conveyancing is conducted – it is more secure, more accurate and has a much faster turnaround. Sellers receiving their sale proceeds, and Buyers being recorded on the Title for the property occurs within 2 hours of settlement in most cases.
New South Wales have now moved to mandatory electronic settlements, and it won’t be long before Queensland will follow suit.
Recently our Sally Adams (Assistant to Kevin Steed) was one of 8 Queenslanders to win a trip to Melbourne with PEXA for their open day and behind the scenes tour of their facility to learn more about PEXA’s upcoming releases. Stay tuned to hear about her trip and what is in store for your next property transaction.
The post McNamara Law is now PEXA Certified appeared first on MCNA.

Under new laws passed by the Federal Government, since 1 July 2019 superannuation funds are required to cancel insurance on super accounts that are inactive.  An inactive superannuation account, is an account that hasn’t received a contribution or a rollover from another superannuation fund for at least 16 months.
If you want to keep your insurance attached to your inactive superannuation account, you will either need to make a contribution to your superannuation account, or tell your super fund that you want to keep the insurance. Your super fund will contact you if your insurance on your superannuation account is about to end.
So that your superannuation fund can contact you, it is important to make sure that your super fund has your current contact details. It is also important that if you don’t want your insurance cover to end on your inactive account, that you take steps to notify your superannuation fund that you want the insurance cover to continue.
To ensure that your super and any attached insurance gets distributed the way you want in the event of your death, McNamara Law has a team of Wills and Estates experts who can assist you with your estate planning and binding death benefit nominations.
Call us today on 13 58 28 and make an appointment to see Ruth (Ipswich) or Bekky (Springfield) to discuss your Superannuation and Estate Planning needs.
The post Superannuation and Insurance – Important for Your Estate Planning appeared first on MCNA.

The simple answer to this question is: yes… possibly.
In Queensland, claims for compensation are in part governed by the Civil Liability Act 2003 (Qld). This Act sets out the circumstances in which someone can claim for compensation even when their own actions may have contributed to the accident which caused their injury, such as in a road accident.
This is known as ‘contributory negligence’ and how it is considered in making a claim for compensation is outlined below.
What is contributory negligence and how is it assessed?
The classic example of contributory negligence is the person who steps off the kerb onto the road and causes a car accident which results in the pedestrian being injured. While the driver of the car involved may still eventually be held liable for the accident because they did not take reasonable care to watch out for the pedestrian and avoid the collision, the court may have to decide – on a percentage basis – that both parties actually share the blame for the accident.
In this situation any damages which the pedestrian may receive in compensation for their injury, may be reduced by the percentage amount the court decides the pedestrian was responsible for contributing to the accident by stepping from the kerb without taking proper care. Under the legislation, this reduction can potentially be determined up to 100% (i.e. the pedestrian receives no damages).
Working out the percentages of blame to be ‘apportioned’ to each party will rely on the particular facts of each case. Often in road accident cases where it is clear the party seeking compensation contributed in some way to their injury, a negotiated agreement with the other party’s CTP insurer will settle on an amount of compensation that takes into account the contributory negligence of the injured person. If an agreement can’t be worked out, the court will need to decide how blame is divided in the case.
Could I still claim compensation if I was drink-driving?
Under the Act, there are mandatory reductions of 25% or greater in damages where someone’s intoxication contributed to their injuries occurring, or where an injured party has relied on the care or skill of another person who is intoxicated. The only exceptions to this finding will be a finding of fact that intoxication did not cause a person to breach their duty of care, or where an injured person could not reasonably avoid relying on an intoxicated person’s care and skill.
In the case of motor vehicle accidents, however, higher levels of contributory negligence – a 50% reduction in damages or greater – apply if an intoxicated driver has a blood alcohol content of 0.15% or greater, or is under the influence of alcohol or a drug which renders them incapable of exercising effective control of their vehicle.
Likewise in these circumstances, if you travel in a car driven by an intoxicated person, and you are aware or should be aware of their intoxication, the court will find you contributorily negligent towards any injury you suffered and discount compensation by 50% or more.
What about if I’m found to be not wearing a seatbelt?
You may still be able to make a successful compensation claim but the court will assess your contributory negligence to the extent your failure to wear a seatbelt contributed to your injuries.
As will be clear from this article, the amount you might receive in compensation for an injury sustained in an accident can vary greatly if it’s found your actions contributed in causing the accident. Every accident scenario is different and your chances of success will turn on the facts and how they are presented. The services of an experienced compensation lawyer can be vital in securing you the maximum amount in situations where your own negligence helped contribute to the accident.
At McNamara Law we have an established track record in compensation law and can help assess your claim and see it through to a successful resolution. Contact us today on 13 58 28 to set up a meeting at our offices in Ipswich, Brisbane, Springfield or Gatton.
The post Can I Claim Compensation If I Was To Blame in a Road Accident? appeared first on MCNA.

In this podcast, compensation lawyer, Abe Arends answers the commonly asked question of whether or not you can make a compensation claim in circumstances when you did not get the details of the person who caused the accident.
The post Can You Make a Road Accident Claim if You Did Not Get the Details of the Offending Driver? appeared first on MCNA.

Playing sport is an essential part of the Australian lifestyle, facilitated by our (mostly) great weather and our love of competition.
Injuries are part and parcel of our addiction to sport, whether playing or, in some unfortunate cases, watching it, but what’s the compensation situation when you’re hurt in the sporting arena?
Under the civil liability legislation passed around Australia after the insurance crisis of the early noughties, it requires negligence on the part of another person which results in your injury in order to be able to make a compensation claim for sporting injury. But there are also many defences to such a claim, including whether you may have contributed to your own injury, or whether the activity was inherently dangerous. Some of these are outlined below.
Situations which can lead to compensation claims
Injuries are most likely to occur, of course, when you’re playing sport. Some but certainly not all scenarios that may result in sporting injury include playing on an unsafe pitch or surface; using unsafe sporting equipment; unsafe play as a result of a referee/umpire failing to ensure the reasonable safety of the players; or deliberate, careless and reckless conduct by an opponent which causes injury.
Proof that your injury was caused by negligence in any of the above scenarios (or other similar situations) may provide you with grounds for compensation. Organisers of sporting events have a duty of care both to their participants and spectators to ensure their safety from foreseeable risks of injury. Yes, this means you may be able to claim for compensation even if you’re only attending a sporting event, should you be injured due to situations such as a crowded, slippery or litter-strewn walkway at the venue.
In short, to be able to commence a compensation claim for negligence you will need to be able to show:

Another player or occupier/owner/operator of the sporting facility owed you a duty of care;
that this duty of care was breached;
that the breach caused your damage (injury); and
that you’ve made your compensation application within the time period stipulated by the legislation.

Limits to a compensation claim
Under the Civil Liability Act 2003 (Qld), any civil action for compensation is restricted by a legal concept known as Volenti non fit injuria. Essentially this means that if the person who you claim was negligent, resulting in your injury, can show that you had knowledge, comprehension and appreciation of the risks inherent in that particular sporting activity, then you cannot hold them liable for your injury. Playing a sport like rugby union, for example, inherently brings more risk than playing tennis, for example.
It should be noted that under the terms of the legislation, ‘knowledge’ does not mean you have to be aware of the precise manner, nature or extent of the risk to be considered aware and thus consent to the risk when you play.
The concept of ‘obvious risk’ also applies to limit an injured party’s claim for compensation. If the person you accuse of negligence can show the sport you were engaged in carried an obvious risk (like rugby) – even if the probability of injury occurring from that risk is low – then they can potentially escape liability for your injury. It should be noted that illegal play by an opponent, such as attacking the head in a tackle, does not constitute ‘obvious risk’.
The Act also limits liability on the basis of a sporting pursuit constituting a ‘dangerous recreational activity’, that is, that the activity – such as base-jumping, for example – involved a significant risk of physical harm. It is often a contested point as to whether a sporting activity is a dangerous recreational activity, and this is where experienced legal advice can prove vital.
Finally, a claim to compensation may be limited if the person who breached a duty of care can show that you in any way contributed to your own injury, i.e. by reckless, careless or illegal conduct while playing. Damages can be reduced by up to 100% if the defendant can show this to be the case. Again, professional legal advice is essential to contesting contributory negligence.
Insurance and waiver forms
As anyone who plays sport in Australia will be familiar, most organised sporting clubs are now covered by insurance policies which cover players (or others involved in the activity, such as officials) injured in the course of participating.
This allows the injured party to make a claim against the insurance policy provider, depending on the terms of the policy. Some insurance policies, for instance, do not cover claimants for Medicare ‘gap’ payments and others do not provide income protection in the event that a player cannot work as a result of their injury. By contrast, both of these costs can potentially be included in a compensation claim.
Operators of activities which ask you to sign a waiver form before participating do not necessarily get out of their duty of care or potential liability should a negligence claim arise. But in certain circumstances, a court will give greater weight to a person’s ability to freely contract (by signing the waiver) and therefore, the capacity of an operator to effectively contract out of their duty of care. Whenever possible it’s advisable to get the terms of the waiver form checked by someone with knowledge of its implications.
In conclusion
Negligence claims in the event of a sporting injury can be difficult to prove, with a number of defences available to those who run the sports, particularly if the activity necessarily involves physical contact or an element of danger.
While insurance policies held by clubs, venues and operators of sporting activity have taken some of the uncertainty out of the question of “who’s responsible?” in the event of injury, there are still many examples where the injured party will feel they need to pursue a civil negligence claim for damages, particularly in the event of onerous rehab costs or missing periods of work due to the injury.
If you’ve been injured while playing or watching sport, consult experienced lawyers such as McNamara Law to have your situation assessed and your options explained. With offices in Ipswich, Gatton, Brisbane and Springfield, contact us today on 13 58 28.
The post Injured Playing Sport? Can I Make a Compensation Claim? appeared first on MCNA.

According to a study done by the Stanford University Centre for Internet and Society, 90% of motor vehicle accidents are caused by human error. Recently, permission was granted in Victoria for testing to commence with automated vehicles on high speed rural roads, with the Minister for Transport announcing that further testing may follow.
As all signs seem to suggest that automated vehicles will become common use in the near future, we start to question who will be at fault if an accident occurs.
As suggested, 90% of motor vehicle accidents are caused by human error, but the remaining 10% might be caused by vehicle design faults, programming errors or some form of interaction between the artificial intelligence and another human driver.
If you saw Will Smith’s movie ‘I, Robot’ in 2004, you might recall that the automated car transporting our hero had to make a decision to preserve life in a situation where two lives were at risk – a decision that the hero did not agree with.
In Queensland, if a motor vehicle accident occurs an injured party is able to claim compensation if they can prove fault against another driver, a principle known as negligence.
Under current law, negligence can only occur by a human driver and does not extend to a machine or artificial intelligence.  Changes must be made to Queensland’s Motor Accident Insurance Act to accommodate situations involving an accident caused by an automated vehicle.
Recently, the National Transport Commission released a paper titled ‘Motor Accident Injury Insurance and Automated Vehicles’.  This paper considered alternative insurance models that might allow an injured person to receive compensation in the event of an accident caused by an automated vehicle.
Strong contenders for amendments include developing new legislation to deal only with injuries caused by an automated vehicle or allowing private insurers to come on board in offering compulsory third party insurance.  As it currently stands, the only permitted CTP insurers are Allianz, QBE, RACQ or Suncorp.  However, those ideas were dismissed by the National Transport Commission on the basis that the exercise would be costly and premature at this early stage.
The better contender for amendments seems to be the expansion of the current legislation to include injuries caused by an automated vehicle or to introduce national benchmarks for the scope and coverage of injuries caused by an automated vehicle.
This is an interesting and developing area of law. Watch this space for future developments on automated vehicles.
The post Rise of the Automated Vehicle in Personal Injuries appeared first on MCNA.

Australia is seeing increasing numbers of flexible work arrangements where you might work some of the days during the week 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 and own a workers’ compensation insurance policy.

When you are at home you will inevitably do something that you would not normally do at your workplace. If you were at your workplace 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; or
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 if they have an arrangement to work from home. To help meet this duty it would be advisable for the employer to undertake an inspection of their employees home environment to ensure it is safe for work duties, and employees should report any health and safety concerns.
If you do suffer an injury it is important to lodge an application early. An application for compensation is valid and enforceable only if you lodge the application 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 What Happens if I have an Injury at my Home while Working? appeared first on MCNA.

Almost everyone has a camera in their pockets. With the rapidly increasing capabilities of smartphones (I believe one manufacturer made a phone with 9 cameras) and the popularity of social media sites such as Instagram and Snapchat, photos and videos have become the preferred method of communication. I myself have used the odd meme (an image with text printed over the top which is supposed to be funny). But with everyone having a camera in their pockets, what restrictions are there on taking photos and videos?
This article will take you through three common myths concerning amateur photography.
Myth #1: I need the permission of those who appear in my photos and videos
A commonly held belief among many people is that they should obtain the permission of those who appear in their photos and videos. While there may be a moral obligation to ask people before taking photos and videos which will include them, there is normally no legal obligation to do so. This is a position that has been reflected by the courts and one judge has even gone as far as to declare that “a person, in our society, does not have a right not to be photographed”. While this may be a judicial declaration, we should consider whether it is 100% true.
When examining the law on this issue, it can be seen that you are free to take photos and videos in a public place, such as a park, road or beach. Furthermore, you are able to take photos and videos of people on private property, provided that they can be seen from a public place. This is because Australian law does not enjoy any general right to privacy of a person’s image. However, the courts have left this issue open so it is possible that a right to privacy may be established in the future at common law.
While you are free to take photos and videos of people in public, if you are in a private place you may not have the same luxury. This is because when you enter private property, you are subject to whatever terms and conditions that the owner may impose upon you. Normally these conditions are minimal, like “don’t take my silverware”, but if you are attending an event on private property, such as a sporting event, art exhibition or concert, you may be subjected to significant reductions on photographical freedom. You probably didn’t read that Conditions of Entry sign, but next time you go out see if entry allows you to take photographs.
In these situations you must comply with the conditions imposed or you may face sanctions at the event holder’s discretion. If you are able to see the area from a publically accessible location, you can generally take photos and videos without fear of sanction.
It should also be noted that if you are planning on using your photos or videos for commercial purposes, you need to obtain a model release form signed by people who are in your photos or videos.
Myth #2: I can take photos and videos of anything I want
Another widely held belief is that people are free to take photos and videos of anything they wish. While this is somewhat true, there are significant exceptions that relate to the law of copyright. In Australia, copyright exists over a publication until 70 years after the artist’s death.
If you are planning on taking photos or videos of a literary work, dramatic performance, artwork or a sculpture you will need to ensure that you obtain the permission of the artist or copyright holder, before you do so, otherwise you may be breaching copyright. If you intend to use these photos or videos for a commercial purpose, you need to ensure that you have the artist or copyright holder’s permission to do so.
It is important to realise that restrictions exist regarding taking photos or videos of some buildings and institutions. Some places, which are subject to such restrictions, include some railways, electrical power stations, military bases and other government institutions. The taking of unauthorised photos or videos in these places is subject to severe penalties including confiscation and destruction of your camera, fines and even imprisonment. Just ask the ABC what happens when you annoy the Government.
If you wanted to take photos or videos of a public place there will normally be no issue but it is important to also ensure that you do not obstruct the public when taking photos or videos.
Myth #3: I can use my photos as I wish
Many people are of the opinion that they can use their photos or videos as they please. This really depends upon what purpose the photos and/or videos are being used for. If you plan on using the photos or videos to make money, you may face restrictions. This is especially the case if your photos or videos contain other people, private property or copyrighted work. If you fall into this category, it will be necessary for you to obtain the consent of the relevant parties.
A common example of people ignoring this requirement for consent is those who attend a concert or sporting event and either sell their photos and videos or post them on social media. In these circumstances, the person posting or selling their media has likely breached the terms and conditions of their ticket whilst also simultaneously infringing copyright. In such circumstances, the artist at the concert or the organiser of the sporting event may seek compensation from the person – although I think I could confidently say that no one who went to the State of Origin game is going to be sued for posting a selfie at the game.
In most circumstances, you will not experience any issues by simply taking a photo or video of something while you are out and about. In the event that someone does confront you about doing so, it is wise to politely discuss the issues with your confronter to see what is upsetting them about your taking of a photo.
For more information about taking photographs or videos in private locations, see our article here.
If you are experiencing an issue like this or would like further information on the subject please contact our office on 13 58 28.
The post Photograph Myths Dispelled appeared first on MCNA.

On June 21, the Supreme Court handed down its decision in an application by our client to set aside a settlement agreement he reached in 2001 with Brisbane Grammar School.
The case was the first of its kind to test legislation introduced by the Queensland Government following recommendation by the Royal Commission into institutional historical and sexual abuse which included a recommendation that those who had previously settled their claims or, some that were inadequate, because the limitation date had expired on the basis that it was just and reasonable to do so.
The Supreme Court dismissed the application on the basis that our client had failed to establish that the expiration of the limitation date was a significant factor in his decision to settle his claim for a sum that was much less than he had been advised.
Mr Abe Arends of McNamara & Associates addressed the media following the decision outlining his client’s disappointment of the decision but calling for the Government to review the legislation. Mr Arends recommends that the Government change the onus for Applicants on the basis that it be assumed that any settlement reached prior to the Royal Commission was done so with the expiration of limitation date being the significant reason for those settlements, and to have the onus put on the Defendants to have to show that it would be not just and reasonable to do so.
Mr Arends said that the reasons for the decision would be further analysed to determine whether there would be any grounds for an appeal.
Whilst it is apparent that this case was determined on its own facts and therefore other victims of child sex abuse who had previously settled their claims may have grounds to set aside those settlements, what is clear is the Applicant must show that it was the expiration of the limitation date that was the significant factor in them settling their claim for a sum less than what they may have been entitled.
The post McNamara & Associates Call for Queensland Government to Review Sexual Abuse Time Limits appeared first on MCNA.

You have more than likely heard of one current scourge on society involving the unauthorised creation and sharing of intimate images and videos – also known as revenge porn. These actions cause extreme hurt and embarrassment to the victims of this despicable act.
Recently the Queensland Government successfully passed new laws – the Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018 – which ensure that people who share or create intimate images and videos of others without their consent will face up to three years jail. While this legislative movement has been applauded by advocates of criminalisation, just how effective will these new laws be at achieving their purpose?
What do the new laws do?
The new laws introduced by the Queensland Government make it a criminal offence for anyone to share an intimate image or video of another without their consent. An offence that can carry up to a three year term of imprisonment.
The two descriptors – image and video – are defined separately in the Bill. The first, ‘images’, refers to:

a moving, or still, image that depicts:

the person engaged in an intimate sexual activity that is not ordinarily done in public; or
the person’s genital or anal region, when it is bare or covered only by underwear; or
if the person is female or a transgender or intersex person who identifies as female—the person’s bare breasts; and

includes an image that has been altered to appear to show any of the things mentioned in paragraph (a)(i) to (iii); and
includes an image depicting a thing mentioned in paragraph (a)(i) to (iii), even if the thing has been digitally obscured, if the person is depicted in a sexual way.

Videos then refer to:

a visual recording of the person, in a private place or engaging in a private act, made in circumstances where a reasonable adult would expect to be afforded privacy; or
a visual recording of the person’s genital or anal region, when it is bare or covered only by underwear, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

A private act being defined in the Criminal Code as:

showering or bathing; or
using a toilet; or
another activity when the person is in a state of undress; or
intimate sexual activity that is not ordinarily done in public.

How will the new laws affect people?
New South Wales introduced similar legislation in 2017. A raft of concerns were expressed regarding the wide scope of the laws because the New South Wales laws came with the possibility that a mother or father could be charged for innocently taking a photo of their young child in a bath. Thankfully, the Queensland legislators utilised common sense when drafting these laws by applying a fairly constrained definition to images. However, it appears that the definition for video was a little more vague.
On one reading of this Bill it could be argued that if a parent in Queensland takes a short video of their child playing in the bath, this could be an offence.
How will the new laws be applied?
The offence under the Bill will only arise when distribution of an intimate image occurs. Distribution means:

without the other person’s consent; and
in a way that would cause the other person distress reasonably arising in all the circumstances;

As for visual recordings, the offence arises when a person distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent.
Noteworthy is that a child under the age of 16 cannot give consent, so even if there was an agreement between two or more people to share an image, if the subject of that image was under 16 then a criminal offence has occurred.
The offence also extends to threats to distribute an image or recording.
Are there any defences?
There is a two limb test for a defence to be raised to the distribution of an intimate image or video. The first is that the person engaged in the conduct that is for a genuine artistic, educational, legal, medical, scientific or public benefit purpose.
If that first limb is satisfied they must also prove the conduct was, in the circumstances, reasonable for that purpose.
Could more have been done?
Despite the widespread approval of the new laws, it must be acknowledged that the legislation is not entirely perfect. One reason for this is that the laws are purely limited to images and videos, rather than extending to words also. This leaves it open for a jilted ex-partner to post the intimate text messages with their former lover online along with an array of acts that they supposedly enjoy. While this has the potential to be as damaging as an image or video, it remains untouched by the Queensland legislators.
The post Revenge Porn appeared first on MCNA.

Report the accident to the Queensland Police.

It is a requirement under the Motor Accident Insurance Act (“the Act”) that, should a person sustain injury as a result of a motor vehicle accident and wishes to bring a claim for compensation as a result of those injuries, reports the accident to the Queensland Police. This can be done by simply contacting the Police at the scene or if not possible or they don’t attend, attending your local Police station. Alternatively, a proforma form in which you can report a traffic accident to Police and submit to your local Police Station can be found pm the Motor Accidents Insurance Commission’s website.

Take details of the other party.

It is imperative that when involved in a motor vehicle accident, so that a claim can be lodged against the correct Insurer for the vehicle at fault for the accident, that you obtain details of the registration, make, model and colour of the vehicle at fault and the drivers’ details. Ask to see a copy of their Drivers’ Licence to verify their identity. It is also helpful to take photographs of the vehicles which will also assist in highlighting the damage.

If possible, obtain Witness details.

Sometimes liability in relation to motor vehicle accidents is disputed between the parties involved. It’s therefore imperative that you obtain the details of any witnesses so that they can be contacted to provide a statement in support of any potential claim.

Seek Medical Assistance.

If you are injured in a car accident, it is imperative that you seek Medical assistance as soon as possible. If the injuries are severe, naturally you should contact an ambulance whilst at the scene or if the injuries are not severe, attend a local Medical Practitioner. This will ensure that you obtain appropriate treatment and the injuries sustained are documented medically. It is also a duty of any injured person to mitigate their loss by seeking medical treatment and undertaking any necessary rehabilitation. Without an attendance at a hospital or medical practice, it may be difficult to prove the injuries are related to the accident. In addition, it’s a requirement under the Act that when delivering a Notice of Claim upon an Insurer, a Medical Certificate detailing the injuries and the treatment required be provided. The Medical Certificate should be completed by either the Hospital or local Medical Practitioner that sees you for treatment of your accident related injuries.

There are time limits to serve a Notice of Accident Claim form.

It is a requirement under the Act that you deliver a Notice of Accident Claim Form on the Compulsory Third Party Insurer of the vehicle at fault for the accident within the earlier of the following:-

Nine (9) months from the day of the date of the accident; or
One (1) month from consulting a Lawyer about bringing a claim.

This prompt action in delivering the Notice of Accident Claim Form will ensure that your rights are protected and that investigations by the CTP Insurer into the extent of the injuries and the circumstances of the accident occur promptly. This can save a significant amount of grief later on in the claim.
Contact our office for further advice on 13 58 28 or email us at  [email protected]
The post 5 Things You Need to Know about Bringing a Claim for Personal Injuries as a Result of a Motor Vehicle Accident appeared first on MCNA.

The bond that most grandparents have with their grandchildren is special and unique, so their desire to intervene is understandable when there are complications in family dynamics that put their grandchildren’s welfare at risk.
This can result in their grandchildren being prohibited by the parents from spending time with their grandparent. But that begs a question. Do grandparents have legal rights to see their grandchildren? The answer is, “it depends”.
Relevant provisions in the Family Law Act
Legally, a grandparent is defined as the parent of a child’s mother or father. This means that most children have four biological grandparents. However, children who are adopted or those with step-parents may also have “non-biological” grandparents.
In any case, the importance of the relationship between grandparents and grandchildren is affirmed in the Family Law Act -a piece of Australian legislation that defines and protects children’s rights.
The law acknowledges the significance of this relationship by:

recognising that children “have a right to maintain regular communication” with certain people; and
including grandparents in that category.

Even so, the Family Law Act does not include any provisions that give grandparents automatic rights to see their grandchildren. Instead, it allows them to ask the court for permission to spend time with their grandchildren when the child’s parent(s) refuse to let them do so. The Family Law Act also allows grandparents to seek custody of their grandchildren in certain circumstances.
Specifically, grandparents can seek temporary or permanent custody of their grandchildren when:

addiction or alcoholism prevents one or both parents from looking after the children properly;
mental or physical illness prevents one or both parents from providing adequate care;
the children have been abused (sexually or physically);
there is evidence of domestic violence;
other significant factors are in play.

The best interests of the child
As the Court’s main concern is ensuring that no harm comes to children, any decision the court makes in this regard is based on “the best interests of the child”.  In this context it will generally assess:

the type of relationship of the child with a grandparent (or other relative of the child);
how the child may react to any changes in his or her situation, including his or her potential reaction to any separation from a grandparent (or other relative) with whom he or she has been living;
the grandparent(s) ability to meet the child’s needs.

Depending on the situation, the court may also take other factors into account. It will even consider the child’s wishes, depending on his or her age and maturity.
Other options for resolution
You should be aware, that going to court is not the only way to seek permission to spend time with your grandchildren. If anything, it is viewed as a last resort.
This is because Australian law encourages families to try to reach consensus on key issues through informal negotiations and mediation before seeking court intervention.
Mediation is a structured process in which a specially trained person, called a mediator, facilitates the conversation and helps the participants come to a mutual agreement. The type of mediation used as a tool for the resolution of parenting matters is also known as Family Dispute Resolution or FDR.
However, there are some circumstances in which FDR is not required. For example, FDR is not applicable when there is evidence that the child is at risk of harm and the matter is urgent.
How to make informal agreements enforceable
Depending on the family dynamics and other factors, grandparents and parents may sometimes reach informal agreements regarding the care of the children. This type of agreement may specify where the children live and how long they can live there. For example, a single parent being treated for addiction may agree to let the children stay with their grandparents until she finishes rehab.
Unlike agreements reached through mediation or FDR, however, these informal agreements are not legally binding or enforceable. The only way they can be enforced is if the terms are specified in a court-approved document called a parenting order by consent.
Assumption of parental responsibility
When the court awards permanent or temporary custody of a child to his or her grandparents, it may also allow the grandparents to assume parental responsibility for the child. This means the grandparents are legally authorised to make certain decisions regarding the child’s wellbeing without having to obtain the parents’ consent.
This includes decisions for their grandchild such as:

education;
medical care;
religion

Additional information
Grandparents with the permanent care of their grandchildren may qualify for financial assistance, such as:

Grandparent Child Care Benefits;
Family Tax Benefits;
Double Orphan Pension;
Child Support.

For grandparents caring for grandchildren with special needs, Centrelink may also provide:

Carer Payments;
Carer Supplements;
Carer Allowance;
Child Disability Assistance Payments;
Carer Adjustment Payments.

If you’ve been denied access to your grandchildren or you are concerned about their wellbeing, and you’re interested in seeking time with your grandchildren, it is important that you get the proper legal advice. To learn how we can help, contact us today.
The post Do Grandparents Have Legal Rights to See Grandchildren? appeared first on MCNA.

The bond that most grandparents have with their grandchildren is special and unique, so their desire to intervene is understandable when there are complications in family dynamics that put their grandchildren’s welfare at risk.  This can result in their grandchildren being prohibited by the parents from spending time with their grandparent. But that begs a question. Do grandparents have legal rights to see their grandchildren? The answer is, “it depends”.
Relevant provisions in the Family Law Act
Legally, a grandparent is defined as the parent of a child’s mother or father. This means that most children have four biological grandparents. However, children who are adopted or those with step-parents may also have “non-biological” grandparents.
In any case, the importance of the relationship between grandparents and grandchildren is affirmed in the Family Law Act -a piece of Australian legislation that defines and protects children’s rights.
The law acknowledges the significance of this relationship by:

recognising that children “have a right to maintain regular communication” with certain people; and
including grandparents in that category.

Even so, the Family Law Act does not include any provisions that give grandparents automatic rights to see their grandchildren. Instead, it allows them to ask the court for permission to spend time with their grandchildren when the child’s parent(s) refuse to let them do so. The Family Law Act also allows grandparents to seek custody of their grandchildren in certain circumstances.
Specifically, grandparents can seek temporary or permanent custody of their grandchildren when:

addiction or alcoholism prevents one or both parents from looking after the children properly;
mental or physical illness prevents one or both parents from providing adequate care;
the children have been abused (sexually or physically);
there is evidence of domestic violence;
other significant factors are in play.

The best interests of the child
As the Court’s main concern is ensuring that no harm comes to children, any decision the court makes in this regard is based on “the best interests of the child”.  In this context it will generally assess:

the type of relationship of the child with a grandparent (or other relative of the child);
how the child may react to any changes in his or her situation, including his or her potential reaction to any separation from a grandparent (or other relative) with whom he or she has been living;
the grandparent(s) ability to meet the child’s needs.

Depending on the situation, the court may also take other factors into account. It will even consider the child’s wishes, depending on his or her age and maturity.
Other options for resolution
You should be aware, that going to court is not the only way to seek permission to spend time with your grandchildren. If anything, it is viewed as a last resort.
This is because Australian law encourages families to try to reach consensus on key issues through informal negotiations and mediation before seeking court intervention.
Mediation is a structured process in which a specially trained person, called a mediator, facilitates the conversation and helps the participants come to a mutual agreement. The type of mediation used as a tool for the resolution of parenting matters is also known as Family Dispute Resolution or FDR.
However, there are some circumstances in which FDR is not required. For example, FDR is not applicable when there is evidence that the child is at risk of harm and the matter is urgent.
How to make informal agreements enforceable
Depending on the family dynamics and other factors, grandparents and parents may sometimes reach informal agreements regarding the care of the children. This type of agreement may specify where the children live and how long they can live there. For example, a single parent being treated for addiction may agree to let the children stay with their grandparents until she finishes rehab.
Unlike agreements reached through mediation or FDR, however, these informal agreements are not legally binding or enforceable. The only way they can be enforced is if the terms are specified in a court-approved document called a parenting order by consent.
Assumption of parental responsibility
When the court awards permanent or temporary custody of a child to his or her grandparents, it may also allow the grandparents to assume parental responsibility for the child. This means the grandparents are legally authorised to make certain decisions regarding the child’s wellbeing without having to obtain the parents’ consent.
This includes decisions for their grandchild such as:

education;
medical care;
religion

Additional information
Grandparents with the permanent care of their grandchildren may qualify for financial assistance, such as:

Grandparent Child Care Benefits;
Family Tax Benefits;
Double Orphan Pension;
Child Support.

For grandparents caring for grandchildren with special needs, Centrelink may also provide:

Carer Payments;
Carer Supplements;
Carer Allowance;
Child Disability Assistance Payments;
Carer Adjustment Payments.

If you’ve been denied access to your grandchildren or you are concerned about their wellbeing, and you’re interested in seeking time with your grandchildren, it is important that you get the proper legal advice. To learn how we can help, contact us today.
The post Do Grandparents Have Legal Rights to See Grandchildren? appeared first on MCNA.

It is the scenario that no one ever thinks will happen: you are at work when something terrible happens and you are injured through no fault of your own. If this happens you may be significantly out of pocket, as not only do you have medical expenses to contend with, but you are also without income. With any luck you have Income Protection Insurance, but if you don’t there is still hope that you will receive compensation by way of weekly benefit through Queensland’s workers’ compensation scheme (WorkCover).
Provided that your employment was a significant contributing factor to an injury, you may be entitled to statutory compensation through WorkCover. If you are classified as an ‘employee’ and the principal contractor was at fault for your injury, you might even be able to claim for more (what we call common law damages). However, if you are classified as an ‘independent contractor’, you will not qualify to receive workers’ compensation benefits. So which are you: A contractor, or a casual employee?
It is important to realise that even if you, or your employer, are of the belief that you are an independent contractor, there is a possibility that you may be considered an employee. This is because whether you are an employee or a contactor is not black and white. Instead, the question to be asked is who exercises the most control over the situation at work?
Cases like Stevens v Brodribb Sawmilling Co Ltd (1986) 160 CLR 16 and Hollis v Vabu Pty Ltd (2001) 75 AJLR 1356 have helped in developing a checklist of sorts to determine if you are an independent contractor, or a casual employee. The checklist includes:

How much control does the employer exercise over the work?
How is the worker remunerated?
Who provides & maintains tools and equipment?
Are there any obligations on the worker to provide the employer work?
Who determines the hours of work and holidays?
Is income tax deducted from the worker’s pay?
Is the worker able to delegate work to others?
How specialised is the work?
Is there any public representation that the worker is an employee?

You don’t have to check off the entire checklist to be considered an employee. For example, you might be contracted to work at a site, and you invoice the principal contractor for the work completed. Despite this method of remuneration, the principal contactor provides you with the tools and equipment required to do the work; they tell you what hours to work;  and all of your work is directed and overseen by the principal contractor. This might mean you are more like a casual employee than a contractor, and if you are injured, you might be entitled to claim workers’ compensation benefits.
Here are some examples to demonstrate.
Tradespeople
Tradespeople are perhaps the most legally contentious industry as many ‘contractors’ are often employees. To illustrate this, let us consider the scenarios of Bob and Kelly, two tradespeople who consider themselves to be independent contractors.
Bob is a painter who performs work for different people but always works for Jim whenever he is asked. In return for Bob’s loyalty, Jim provides all of Bob’s paints and paintbrushes as well as an apron with Jim’s logo on it. Despite the fact that Bob’s work is fairly standard, Jim refuses to let Bob’s apprentices do any of the work due as he believes that Bob is the best painter. Jim also takes any tax out of the hourly rate that he pays Bob to make tax time easier for Bob.
Kelly is a builder who likes knowing how much she will be paid in advance and always ensures that this figure is set before arriving at a job. Kelly also uses her own tools and equipment as she often performs difficult building work that not many people can do. Kelly will often get apprentices to do some work for her, especially when she wants to take a day off.
While both Bob and Kelly consider themselves contractors, the law will only recognise Bob as an employee. This is because the majority of Bob’s working situation is dictated to him by Jim, whereas Kelly is largely in control of her own work. Therefore, if they were both injured while working, only Bob would be able to make a claim for compensation with WorkCover as an ‘employee’ of Jim.
Cleaners
Most people would likely be of the opinion that if they engage a person to do cleaning, the person will be a contractor, whereas if they engage a company, the individual cleaners will be employees of the company. While this is true in most cases, it should be realised that if you engage an individual cleaner, it is possible that the law will consider them to be your employee. This is likely to be the case if you provide the equipment for the cleaner as well as paying them an hourly rate and setting their hours of work. This is similar to the example of Bob the painter. However, if the cleaner were to provide their own equipment and they were free to refuse to do cleaning work for you, it is likely that they would be considered an independent contractor.
Babysitters
Babysitting is an occupation that many people would consider not likely to result in an injury or subsequent compensation claim. However, it should be noted that babysitters could be considered employees. This means if they were injured while working, they could make a claim for compensation with WorkCover. The primary reason for this is that babysitters are usually told what times they are required to work and are under an obligation to do so. Furthermore, babysitters are rarely able to delegate work to other people due to the individual and personal nature of the job.
The question of whether you are an employee or a contractor is not as simple and as easy to discern as was once thought. Therefore, it is always wise to seek legal advice whenever you are injured at work, regardless of whether you consider yourself an employee or contractor. For further information, or if you have been injured while at work, contact our office on 13 58 28.
The post Contractor or casual employee? Which are you? appeared first on MCNA.