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Social Media and Family Law

Viewed one way, social media is a wonderful modern-day tool, capable of bringing people together and making the world seem much smaller than it really is. But on the other hand, social media can be seen as a dangerous trap where you can easily defame others or damage your own reputation with a casual movement of your thumb.
This is particularly the case in family law cases. Lawyers who work in this field increasingly warn of the dangers inherent in sharing material or posting opinions on social media while you are also in the midst of proceedings about such sensitive matters as parenting, financial disputes, spousal maintenance and child support as the result of a relationship breakdown.
What are the dangers?
The rise of platforms such as Facebook, Instagram, Snapchat and WhatsApp means these places are the new town square. People share personal information and opinions on the platforms without always realising the implications.
In the context of family law matters, you could be damaging your chances of success in court proceedings because what you post may be used by the other party to effectively portray you in a wholly unflattering light.
This is particularly the case if any of your posts feature you:

Excessively using alcohol and/or drugs;
engaging in promiscuous or dangerous behaviour;
making negative comment about the other parent using derogatory language, or making false accusations about them, or posting content that reflects them in a negative way;
showing off gifts or expensive new purchases;
providing information about a new job, what you’re earning, or a lucrative new source of income.

Above are just some of the pitfalls of posting on social media. Some – such as excessive partying or making negative remarks about your ex – provide ammunition to an opposing lawyer to draw inferences about your character as a parent and/or provider. Others, such as posts which might give the wrong impression about your financial situation, may diminish your case if your proceedings against an ex-partner involve determinations about financial matters.
It’s important to remember that ‘tagging’ and the sharing of content by third parties can implicate you as well, such as putting you inside a nightclub on a Wednesday night when you’ve said you were at home with the kids (for example).
It’s breaking the law
Not only are social media posts about your family law issues unwise, but they’re also likely illegal. Section 121 of the Family Law Act prohibits the electronic dissemination of information about family law court matters:
“…[Section 121] restricts the publication of any accounts of any proceedings or parts of any proceedings or lists of proceedings (subject to permissible exceptions) under the Act that identify the parties or others involved in the case. The restriction applies to a publication, or other dissemination, to the public or a section of the public, and can apply to disclosures online as well as through the media.”
How should you approach social media?
Apart from just taking more caution and perhaps employing the old ‘count to 10’ method before deciding to post something if you’re in the midst of a family law matter, it might be useful to have a short checklist of questions to answer yourself.

Is the information I’m about to post derogatory and negative towards myself or my ex-partner/co-parent?
What would an objective third party – such as a judge – think if they were to view this picture or read this post?
Does this post put me in a bad light as a parent?
Does this post suggest I have a lot more money than I actually have?
Is the information in this post inconsistent with information I’ve already provided and attested to as the truth?

What if the shoe is on the other foot?
Perhaps you’re the one with the self-control when it comes to social media and your ex-partner is the one with the busy thumbs.
The most important advice here is not to react and retaliate with posts of your own. Screen capture any posts by your ex-partner that you object to and forward them to your legal representative. Your lawyer might utilise the posts in evidence or contact the opposing lawyer to request the post be removed and their client cease from posting any further similar content online.
One of the key attractions of social media is also its key problem – posting is quick and easy. When you consider that you’re creating a record which is very public in nature, it’s worth taking an extremely cautious approach to using social platforms while you’re going through the difficulties of a family law matter.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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Is Your Superannuation Binding Death Benefit Nomination Actually Binding?

Many people are unaware that if and when they die, the superannuation amount they leave behind is not treated as part of their overall estate.
The implication of this is that beneficiaries of a will do not automatically have a claim on the deceased’s superannuation benefit. This is primarily because the super fund is administered by a trust, with its own rules and procedures in terms of beneficiaries of its members’ super amounts.
People with a superannuation account should make what’s known as a ‘Binding Death Benefit Nomination’ in order to make it clear who is to receive the monies from the super fund once they die. One or more of their dependents, or a personal legal representative, can be nominated to receive superannuation funds from the super trustee in the event of death.
Is the nomination always binding?
A 2015 case in the Queensland Supreme Court, Munro v Munro, held that a death benefit nomination made by Mr Munro intended to be binding on the trustee of his self-managed super fund (in this case, his second wife), was not actually so.
Mr Munro’s nomination was found not to comply with the specific terms and requirements of the superannuation fund trust deed and as a result, Mr Munro’s second wife was entitled to exercise her discretion as trustee to pay all of the benefit to herself (rather than to Mr Munro’s two daughters from his first marriage, as he’d indicated was his wish in a will he also made).
The Court finding turned on the specific facts of the case, but there are other circumstances that can render a death benefit nomination invalid. To ensure validity of a nomination, a person must ensure that:

Each dependent nominated is still a dependent of that person as at the date of their death;
the allocation of the benefit among the beneficiaries nominated must be clearly set out and 100% of the benefit must be allocated;
the nomination must be in writing and signed and dated by the person in the presence of two witnesses, both of whom are over the age of 18 years and not nominated to receive the benefit;
the nomination must contain a declaration signed and dated by each witness stating the notice was signed and dated in their presence.
strictly comply with any other requirements of the superannuation fund.

Who can qualify as a dependent?
Those who can be considered dependents, and therefore beneficiaries, include a spouse (being a person to whom one is legally married, a same sex or de facto partner); a child (or a spouse’s child) of any age, including an adopted child, foster child, ward or child within the meaning of the Family Law legislation; any person who was in an interdependent relationship with the deceased at the date of their death; any other person (irrespective of age) who in the opinion of the Trustee, is or was in any way financially dependent on the deceased at the date of their death.
If a person nominates their personal legal representative as the beneficiary of their superannuation amount this will be the executor of the will or the administrator of the estate. By doing this, the deceased ensures their super benefit will form part of their estate and be distributed in accordance with the terms of their will, or in accordance with the intestacy laws that govern people who die without a will.
Can you change a Binding Death Benefit Nomination?
Subject to the rules of each superannuation fund, a valid Binding Death Benefit Nomination generally remains in effect for three years from the date it is first signed, last amended or confirmed, and does not take effect until it has been received and accepted by the Trustee. (Many funds allow for the nomination to remain in effect until revoked).
A new Binding Death Benefit Nomination form must be filled out in order to change or revoke a previous nomination. To continue a Binding Death Benefit Nomination, the Trustee must be advised in writing prior to its expiry date (if there is one). A valid binding death benefit nomination will override any beneficiary nomination previously made.
As with all matters related to wills and estates, it’s best to review and update these documents every few years to reflect that life circumstances can substantially change within a short period.
If the issues appear daunting, it’s highly advisable to seek the expertise of legal professionals experienced in guiding clients on matters related to wills, estates and superannuation, whether you’re the one making a will or binding nomination or one of the beneficiaries.
South Geldard Lawyers in Rockhampton has long-term experience in advising on such matters and can help get your affairs in order. Contact us today on (07) 4936 9100 if you have any questions or concerns about issues raised in this article.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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The Importance of Estate Planning Following Separation

When a couple decides to separate there are usually a lot of things to attend to at what is a very trying time. Working out where to live, how childcare arrangements will work, and what steps need to be taken to ‘uncouple’ other areas of your life are all time-consuming priorities to sort out.
One of the key priorities a couple who separate should attend to after the break-up is the terms of their estate plans. This can mean updating wills, powers of attorney, superannuation beneficiaries, life insurance policies and even advanced care plans, to reflect their new circumstances.
The reason for this is that failure to do so potentially leaves your ex-partner in a position to inherit and/or influence all – or a large portion of – your estate should you unexpectedly die before updating these documents. This can be the case even where there is no will in place, as until there is an effective divorce order intestacy rules will favour your ex-partner in terms of your estate.
Which specific issues do I need to address?
Lots of couple make reciprocal wills and appoint the same power of attorney (such as an adult child) during their relationship. These are not revoked after separation so will need to be reviewed after the break-up and amended if you do not wish your ex-spouse to inherit your estate in the event of your death or making decisions for you if you become incapable. This can be the case even if there was an agreement on a property settlement but there has been no divorce and no updated will.
First priority, therefore, is preparing a new will which appoints someone other than your ex-spouse as the executor of your will and beneficiary.
In Queensland, it should be noted, if you divorce after separation, then a power of attorney in favour of your ex-spouse is rendered invalid. But in any event, if your estranged spouse is already appointed as your power of attorney, you should revoke these documents after separation otherwise they can make important financial decisions on your behalf should you lose the capacity to manage these affairs yourself.
The same applies if your ex is appointed as your enduring power of attorney, that is, the person empowered to make decisions about your medical care and treatment in the event that you lose the capacity to do so yourself, including life support options. Failure to do so leaves a lot of power and influence in the hands of someone who you may no longer trust to act responsibly when it comes to these matters.
The role of divorce
While this article deals with the priorities you need to address after separation, one of those priorities should also be the need to finalise a property settlement and the divorce.
It is important to divide up property by way of a property settlement, particularly if there are jointly owned assets, so as to clarify inheritance for any potential beneficiaries such as children from the relationship. Experienced estate planners will advise you to have documentation prepared and registered after separation to change the way in which the ownership of real estate is held from that of joint tenants to tenants in common. This does not need the signature of the estranged spouse and will prevent them from automatically receiving the whole of the real estate if you die before a property settlement is reached.
It is important that you understand that your estate cannot pursue a division of property against your ex unless an application has already been filed in the court before you die. You do not have to wait until you are divorced to do a property settlement or if you cannot agree, you can file an application in the court without having to seek a divorce.
If there is no chance of reconciliation between you and your spouse, then after 12 months of separation you should apply for divorce so as to finalise the changes reflected in your updated estate plan and end any further claims by your ex on your estate.
To conclude, if you separate from your spouse, you need to make a comprehensive review of your estate plan which encompasses the points outlined above. Doing this will be much easier if you consult legal professionals such as South Geldard Lawyers of Rockhampton with widespread experience in estate planning, wills and family law particularly in the situation of newly separated couples.
Contact us today on (07) 4936 9100 if you have any questions or concerns about estate planning and family law.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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What are Trigger Maps and Why the Controversy?

What are Trigger Maps & Why the Controversy?
Property | Podcast
You may be aware that the Palaszczuk Government have been forced to remove more than a third of its flawed trigger mapping designed to protect endangered or at least vulnerable plants. To learn more where things are currently at with the reversal, South Geldard Lawyers’ PrincipalGordon Stünzner discusses the matter.

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Former Chief Steward Opens up about Racing Life and Exit

an article from The Morning Bulletin, 6 July 2019
ON THIS day last year, Rockhampton’s chief steward Luke Collins controlled hisfinalrace meeting, bringing the curtain down on a 10-year career.
As stewards are the police of racing – their job largely being to ensure licensees the likes of trainers, jockeys and strappers, play on the right side of the rules – it’s not a popularity contest for them and bookies would have bet “London to a brick on” that not a tear was shed amongst these participants when Mr Collins hung up his binoculars.
Rather than be insulted, Mr Collins would have worn it as a badge of honour.
Licensees wouldn’t have been disappointed because they knew all too well that Mr Collins was good at his job. read full article

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WHAT DO THE CHANGES TO QUEENSLAND LABOUR HIRE LAWS MEAN FOR YOU?

The recent banking Royal Commission revealed that even in Australia’s largest, most reputable companies, there can be misconduct and illegal behaviour which it is in the public’s interest to know about.
Some of the evidence to the Royal Commission was provided by ‘whistleblowers’, people within the organisations that appeared before the Commission who provided information to regulatory bodies about certain practises which they thought were illegal, immoral, corrupt or harmful, and which they thought should be brought into the light.
In response to the Royal Commission and some other similar cases, the Federal government has passed new legislation – The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) – which alters and expands the protection of corporate whistleblowers in Australia, currently provided for in Part 9.4AAA of the Corporations Act 2001 (Cth).
Coming into effect from July 1, 2019, the changes include a new requirement that public companies, large proprietary companies or corporate trustees of registrable superannuation entities, implement a privacy policy which specifically addresses the protections of whistleblowers.
Whatever the type or size of your organisation, this article is designed to help you work out whether the amendments apply to your business, how to comply with them and what else you may need to do to appropriately manage whistleblowers.
The key changes
The new legislation:

Expands the definition of ‘whistleblowers’ to cover officers, employees (paid and unpaid), individuals supplying goods and services (paid and unpaid) and their employees, an individual who is an associate of the regulated entity, and the relatives and dependants of the above;
allows and protects anonymous disclosure by whistleblowers;
removes the ‘good faith’ disclosure requirement which previously meant whistleblowers could not expect protection if their disclosure was not motivated by good faith;
provides whistleblowers with immunity from civil, criminal, or administrative liability for protected disclosures:
provides protection for disclosure to journalists or Federal MPs in certain circumstances, namely where it is in the “public interest”, or the information concerns “a substantial and imminent danger to the health and safety” of people or the “natural environment”;
introduces civil penalties for victimising or breaching the confidentiality of a whistleblower;
specifically excludes ‘personal, work-related grievances’ from protection.

It’s important to note that the new law applies to disclosures made on, or after its commencement, but can relate to conduct which occurs or “occurred before, at or after commencement”.
Whistleblower policies
Public companies and proprietary companies that are trustees of a superannuation entity must have a compliant whistleblower policy in place by January 1, 2020. Large proprietary companies have a deadline that is dependent on their financial year.
To be considered a large proprietary company, an organisation must satisfy at least two of the following criteria:

The annual consolidated revenue of the company and its related entities exceeds $25 million;
the value of consolidated gross assets that the company and its related entities control exceeds $12.5 million;
the company and its related entities have 50 or more employees.

As is clear from these provisions, the new law does not protect whistleblowers in small companies or those who make disclosures related to personal work issues. Some state anti-victimisation, anti-discrimination or equal opportunity laws may protect whistleblowers in either of these situations.
A whistleblower policy must address:

the definition of a whistleblower;
how the provisions in the new law protect whistleblowers, including the provisions of the Corporations Act;
a list of people who can make disclosures, as well as the people to whom disclosures can be made and how they can be made;
the type of disclosures that can be made;
information regarding how the company will support and protect whistleblowers, and information about their rights;
how the company will ensure fair treatment of employees who are mentioned in protected disclosures;
information about how the policy is to be made available throughout the company;
what actions the company will take to investigate disclosures.

Companies must also ensure a whistleblower’s identity remains anonymous when disclosures are made or face significant penalties, as well as potential criminal charges, if this is not the case. Exemptions remain for disclosures made to legal practitioners, ASIC, APRA and the AFP.
The new law increases civil and criminal penalties for any breaches, including a more severe civil penalty for failure to implement a whistleblower policy (at all, or by the deadline) and civil or criminal penalties for breaching the confidentiality of a whistleblower, or victimising one or threatening to do so.
The amendments are all designed to offer more security to whistleblowers and, in doing so, better protect the public interest. South Geldard Lawyers in Rockhampton can help your organisation formulate a compliant whistleblower policy and facilitate understanding of other implications of the new Act. Alternative, if you have a query about whistleblowing or the protections, South Geldard Lawyers can assist you. Contact us today on (07) 4936 9100 if you have any questions or concerns about issues raised in this article.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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What You Need to Know About Spousal Maintenance

What You Need to Know About Spousal Maintenance
Family | Podcast
In this podcast, Accredited Family Law Specialist, Clare McCormack discusses the commonly asked questions regarding spousal maintenance.

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Queensland Landholders to be Reimbursed

Recent legislative changes in Queensland have changed the way landholders and resources companies will now negotiate a Conduct and Compensation Agreement (CCA). These important agreements allow a resource authority holder to conduct exploration activities on private land, and have implications for current and future owners of the land, mortgagees, lessees and agistees.
The amendments to the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) recognise the fact that negotiations leading to such agreements are costly and time-consuming for landholders, involving valuations, legal and accounting fees, and agronomy studies. Prior to the amendments, landholders could be left out of pocket in situations where negotiations were abandoned by the resource authority holder.
What do the changes mean?
Under the changes to the Act which came into effect from April 19, 2019, landholders can now seek reimbursement for reasonable and necessary expenses they incur in negotiating and preparing a CCA with a resource authority holder.
Significantly, these costs can be claimed irrespective of whether or not a CCA is ultimately reached between the parties.
Previously, landholders were only entitled to such a claim when an agreement was reached with the resource authority holder, with the payment of costs commonly made on or after the date the agreement was signed.
In addition to legal, accounting and valuation costs, a resource authority holder is also liable to pay the costs of an agronomist if those costs are incurred by the landholder after April 19, 2019.
The amendments mean that a resource authority holder seeking to negotiate with landholders in relation to exploration activity will need to pay the costs of negotiating a CCA regardless of whether agreement is eventually reached with the landholder. This also applies to resource authority holder’s currently negotiating CCAs with landholders.
The legislative process has also changed
As a result of the amendments to the Act, after April 19, 2019, if the parties are unable to agree to a CCA within the minimum negotiation period, they can progress to an alternative dispute resolution (ADR) process (e.g. case appraisal, mediation, conciliation or negotiation) by issuing an ADR election notice, or directly to arbitration by issuing an arbitration election notice.
It should be noted that a resource authority holder will also now be liable for the costs of an ADR facilitator if an ADR election notice is issued by either party.
If the parties elect to progress to an ADR process and no agreement has been reached at the end of that process, then either party may issue an arbitration election notice.
Changes also means parties will still be able to elect to attend a conference with an authorised officer until the issue of an ADR election notice or an arbitration election notice, but it will no longer be a prerequisite for an application to the Land Court. If an ADR election notice or arbitration election notice is issued, then any conference must cease and no new conferences can be called.
This is the case unless prior to 19 April 2019, a party had given the other party an election notice calling upon the other party to agree to a conference or an ADR to negotiate a CCA; and the conference or ADR has not finished and the CCA has not been agreed. In this situation, the old legislative process will continue to apply and the conference or ADR will be able to be used as a prerequisite to make an application to the Land Court for a determination.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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Dividing Fences – Give and Take Arrangements

Dividing Fences – Give and Take Arrangements
Property | Podcast
In this podcast, South Geldard Principal and Property Lawyer, Gordon Stünzner discusses the not uncommon “Give and Take fence” agreements arising between two rural property owners and considerations for ‘common boundary line’ disputes.

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What is Restraint of Trade Clause?

What is Restraint of Trade Clause?
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In this podcast, South Geldard Principal and Employment Lawyer, Ben Wright discusses a ‘Restraint of Trade’ from an employer’s perspective.

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How to Distinguish ‘Phoenix’ Arrangements from a Genuine Restructure

Recently, the federal government introduced the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2018 and the Insolvency Practice Rules (Corporations) Amendment (Restricting Related Creditor Voting Rights) Rules 2018 in a heightened attempt to combat illegal phoenix activity.
What is phoenix activity?
In essence phoenix activity describes the process of registering a new company to takeover the activities of the failed or insolvent predecessor company, thereby ‘rebirthing’ it, often under the control of the same directors.
What’s wrong with phoenix activity?
The process is often undertaken so directors of the original company can evade tax and other liabilities, such as employee entitlements. Essentially, directors deliberately avoid paying the creditors of its company – an illegal activity.
This often occurs when a company is unable to meet its debts and the directors transfer its assets to another company with either a similar or the same name before giving the insolvent company over to an external administrator, usually a registered liquidator. This allows the company to continue in operation free of its original liabilities but also fraudulently avoiding paying its creditors, which could include the Australian Tax Office (ATO), contractors and employees.
A business owner in a corporate insolvency process may transfer the assets from the insolvent company to another company he or she is the director of, for little or no price (given they’re on both sides of the transaction). By doing so they prevent the seizure of the insolvent company’s assets by the ATO and/or creditors, but this is potentially in breach of their duties as a director.
Although the above explanation of phoenix activity is straightforward, fraudulent arrangements in this area are often more sophisticated, and can comprise a complex structure with many entities possessing different roles, and separation of asset-holding, liability-generating and labour hire entities. The structure of a phoenix arrangement example was identified by the ATO, being the primary victim of phoenix activity:

several entities make up a closely held private group, and one entity has the responsibility of hiring the labour force for the business;
there is generally a single director of a labour hire entity who is not the primary individual in control of the group;
the labour hire entity has very few assets and very little share capital;
the labour hire entity does not meet its liabilities and the ATO places them into administration or liquidation;
the labour is relocated to work under a new labour hire entity;
the process is repeated without straying from its daily business tasks and the financial benefits from the unpaid liabilities are shared among the wider group.

Prosecution for illegal phoenix activity is common, with directors and also their financial advisers potentially liable for breaches of their duties as company directors.
Genuine restructure
Unfortunately for business owners, liquidation is not an uncommon event. Thankfully, there are legal alternatives to deal with this occurrence. If liquidation is unavoidable, a popular strategy is for the directors of a company to sell the assets belonging to the business. Directors may alternatively decide to sell the entire business to a related party, rather than just to sell the assets, as this will ensure the business continues. But this alternative should not be done to avoid paying debts, as this falls under illegal phoenix activity.
The business or business assets should also be sold at market value.  To establish market value it is necessary to obtain valuations from independent experts.  Failure to do so may result in any sale of the business or business assets being considered part of an illegal phoenix activity.
Selling to related parties
Selling a business to a related party will usually bring a higher price than it would if sold to an unrelated party, due to the knowledge that these directors possess about the assets and the business. The following could be sold to a new company:

plant and equipment and motor vehicles;
real estate;
intellectual property;
customer lists;
websites;
finance agreements and leases;
employees and their entitlements.

There are many more benefits of selling to a related party. Not only can it provide the only affordable way of keeping a business alive, but it can enable the employees of a business to keep their jobs which would otherwise be lost in a corporate liquidation. Additionally, crucial assets for continuing to operate the business might be retained.
Conclusion
Each individual situation is different and requires consideration of the unique circumstances. A lot is at stake, so it is vital that professional advice is sought from an expert to ensure the necessary legal decisions are taken and directorial duties observed in any effort to save a business.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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What Do I Do If I Have Been Injured in a Motor Vehicle Accident in Queensland?

Road accidents are shocking, disorienting experiences, made worse if it results in you suffering an injury. Thousands upon thousands of car accidents occur in Australia each year, which is one of the reasons all drivers, as part of their vehicle registration, must have compulsory third party (CTP) insurance before taking to the road.
The important things to remember amidst the stress and trauma of a road accident, however, are the steps you need to take after it has occurred.
What to do immediately after an accident
If you or others are injured in the motor vehicle accident, immediate medical attention should obviously be sought by calling 000 for an ambulance. You should also endeavour to prevent further accidents by doing such things as activating your hazard lights, turning off engines and moving anyone injured to safe places off the roadside.
You do not need to report the accident to the police but if anyone is injured and the accident has caused damage to the vehicles substantial enough to deploy the air bags, you should call for the police to attend the scene.
In any event, you will later need the number of the traffic incident report from the police in order to lodge a claim for damages for compensation against the insurer of the responsible vehicle.
Obtain the name and address of the owner and driver of the vehicle that hit you, and the registration number of that vehicle. Where possible, take photographs at the accident scene and the damage to each vehicle, including any skid marks on the roadway. If you can, take note of location, weather conditions, traffic conditions and state of the road – all these details can assist your later compensation claim.
Importantly, avoid expressing an opinion to those involved either way about who was at fault in the accident. In other words, restrain your emotions and avoid an angry reaction to the incident. Let the police and, should you engage one, your lawyer, investigate and prove the negligence of the other party.
Next steps after the accident
The following are the things you need to concentrate on following the accident in order to make a successful insurance claim if you’ve been injured:

When possible, report the accident to your insurer, even if you don’t plan to make a claim. Do this because the other driver may make a claim against you, and, secondly, because most insurance policies place a duty on you to disclose any accidents and a breach of that duty could invalidate your insurance.
See a doctor as soon as possible after the accident to have all your injuries assessed and obtain a medical certificate, which will need to be included with your claim form on the CTP Insurer of the vehicle which caused your injury.
If police did not attend the scene of the accident, visit your local police station, report the incident, and make sure to obtain the traffic incident number for insertion on the claim form if you intend to make a claim for damages.

Beware of time limits
Strict time limits apply to personal injury compensation claims under CTP insurance, which you need to be aware of. Consulting a legal professional experienced in motor vehicle injury claims can greatly help when it comes to meeting time limits and expediting the whole process.
For example, you must serve a notice of claim form on the CTP Insurer of the vehicle driven by the negligent driver within one month of instructing a lawyer or within nine months of the date of accident. Outside of this period, only a reasonable excuse will be accepted in order to make a claim.
What happens next?
Each incident is different but depending on the circumstances of the accident occurred, the CTP insurer you claim against may immediately send a letter offering to pay for your medical and rehabilitation expenses. If the details of the accident are less clear, such an offer may not be forthcoming until the CTP insurer has had time to conduct its own investigation of the accident. The CTP insurer has six months to determine whether liability will be admitted or not.
Again, an experienced lawyer is especially valuable when it comes to negotiations with the CTP insurer. Your lawyer can promptly investigate the accident and speak to witnesses or passengers to obtain liability statements and potentially counter any claims by the CTP insurer regarding who was at fault.
What can you claim for?
The total damages you may be entitled to as a result of injury in a car accident will vary depending on answers to a number of questions, including:

Are your injuries permanent or will you recover?
Can you return to work?
What medical treatment, plus ongoing care and rehabilitation, do you need now and in the future, and how much will it cost?

In summary, there’s quite a lot to do in order to successfully claim compensation for an injury sustained in a motor vehicle accident and while it may be within your capability, it can also be time-consuming and lengthy. This is why it’s highly advisable to consult a legal professional experienced in this area of law, who can help make the whole process much smoother and quicker.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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11 June 2019 | In Article, Personal Injury
What Do I Do If I Have Been Injured in a Motor Vehicle Accident in Queensland?

6 June 2019 | In Article, Personal Injury
What You Need to Know About Claiming Workers’ Compensation in Queensland

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What You Need to Know About Claiming Workers’ Compensation in Queensland

Being injured at work can be an enormously traumatic experience, suddenly depriving you of your livelihood while leaving you to deal with a sometimes chronic, long-lasting condition.
Workplace injury can also take many forms, from physical damage such as amputations, fractures and brain injuries, to less severe injuries such as strains and sprains, and mental injuries such as severe stress which can potentially cause events such as a heart attack or exacerbation of a pre-existing condition. It’s important to note that work can be the sole cause of these diseases or injuries, or might aggravate or worsen existing injuries or diseases.
Workers’ compensation schemes throughout Australia provide a source of redress for those injured at work but, should you find yourself in this situation, there are a number of important steps you need to take after the damage occurs.
How do workers’ compensation claims work?
Workers’ compensation is a statutory scheme of insurance designed to pay the wages and medical expenses of those who have been injured in the workplace. In Queensland, claims will be generally decided by WorkCover Queensland, however some employers may be self insured.
Workers’ compensation claims are decided on a ‘no fault’ basis, meaning compensation is paid regardless of who was at fault for causing the injury, unless the injury is self-inflicted or caused by serious and wilful misconduct (with some exceptions) on your part. You’ll be entitled to make a claim provided employment was a “significant contributing factor” (or, for a psychological claim, the “major significant contributing factor”) to you sustaining the injury. There is also the ability to lodge a claim for injuries suffered while travelling for work or while receiving medical treatment for a work injury.
What to do once you’re injured
In order to make a successful workers’ compensation claim, the following basic steps need to be followed:

Notify your employer of your injury (and how it occurred) as soon as possible. This usually involves completing an Incident Report Form with your employer.
Go to your GP and get them to complete a Workers Comp Medical Certificate, or ‘capacity’ certificate, which requires the doctor to focus on what you can do within your capacity and consider what tasks you can perform.
Lodge an ‘incident and claim’ application for compensation online at the WorkCover Queensland website (or by phone). If your employer is self-insured, you can lodge your claim with the self-insurance team at your workplace.
Provide a copy of your application for compensation and medical certificate to your employer.
Let WorkCover know if your condition changes.

Things to be aware of
It’s important to act quickly after a workplace injury occurs. A workers’ compensation claim with WorkCover Queensland needs to be made no longer than six months after the injury is sustained. Because this is likely a situation you haven’t confronted before, the workers’ compensation process can be daunting. This is why consulting an experienced workplace lawyer can ensure you follow the correct procedure in making your claim.
Under the relevant Act, your employer is required to assist you in preparing a workers’ compensation claim but you are under no obligation to accept this assistance. Indeed, injured workers are sometimes pressured by employers to avoid making a claim or seeking legal advice. Some employers will also try and persuade an injured worker to visit a doctor of their choosing. If your injuries are severe enough at the time of the injury, of course you will need to receive initial medical treatment perhaps provided by the employer but afterwards, you should always visit a GP of your own choosing to have your injuries assessed before making a compensation claim.
Be sure to advise your doctor about all of your injuries and symptoms. Insurers will likely challenge any injuries not recorded by your treatment provider so mention everything and not just the major injuries or the ones causing you the most pain at the time.
In lodging a claim, be sure to include as much detail as possible in order to give your claim the best chance of success, including information about the incident, the events that led to the incident, who was involved, the names of witnesses, photos or any other evidence of the scene, and anything else relevant such as emails, forms or other documentation covering your employment.
What will you be entitled to?
A work injury resulting in a loss of earnings due to reduced hours may entitle you to a weekly payment from WorkCover Queensland (or your employer’s self-insurer).
Weekly payments depend on a number of factors including: the date of your injury; the length of time your doctor has said you should be off work; the length of your claim; and whether an award or workplace agreement applies to you.
You will be paid a percentage of your normal weekly pay, based on what you have earned each week from your job during the 12 months before your injury. This amount comprises regular payments which would have continued if you hadn’t been injured and includes: salary or wages; duties; penalties; allowances and overtime.
Seeking advice
While workers are protected by statutory workers’ compensation schemes, you can also pursue a common law claim for damages. But unlike the ‘no fault’ character of workers’ compensation, a common law claim will require you to show your injury was caused by the negligence of a third-party (generally your employer or a co-worker).
If you wish to pursue a common law claim, you need to file a Notice of Claim for Damages with WorkCover Queensland within three years of the injury occurring. It’s also important that, even if you are considering pursuing a common law claim, you initially lodge a workers’ compensation claim with WorkCover Queensland.
Whether you’re filing a workers’ compensation claim or a common law claim for a workplace injury, seeking the advice and guidance of a legal professional with experience in this area is highly advisable to ensure compliance with the necessary steps, and in order to secure the full amount of compensation to which you’re entitled.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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6 June 2019 | In Article, Compensation
What You Need to Know About Claiming Workers’ Compensation in Queensland

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CAN I CHANGE MY CHILD’S NAME AFTER SEPARATION?

The short answer is “sometimes”, provided that it is in the child’s best interests for the name change.
It is important to understand that a parent’s wishes are irrelevant when determining what is in the best interests of a child.
As a starting point, a child’s name can be changed with the consent of both parents.
What if there is a disagreement?
In cases where parents cannot agree on a child’s name change, the parent wishing to change the name should make an application to the court.  Similarly, the parent wishing to stop the use of a name being used for the child other than its registered name may make an application to the court to restrain the child being known by any name other than that recorded on its birth certificate.
Where there is a dispute about a child’s name, the court must determine what is in the child’s best interests. Relevant factors in determining the child’s best interests would include:

Any confusion about the child’s identity
The effect on the child’s relationship with the parent if the child was to have a name other than that parent
Any embarrassment for the child if its family name, for example, is different from the parent with whom the child lives
Any short or long term advantages to the child if there is no change of name
The extent to which the child identifies with the parent who shares the same name or family name
The extent to which the child identifies with the parent and / or their partner with whom the child lives
The degree of identification between the child and any half-siblings or step-siblings with whom the child lives and who might have other family names

Examples
Every case is different and determined on its individual circumstances.  Cases in which the Court have made orders, and the types of orders made, include:
Case Example 1: A hyphenated family name has been approved where the child bears the family name of each of its parents.
Case Example 2: The Court ordered that the child should retain the father’s family name in circumstances where the mother had re-married and decided unilaterally that the child should take the family name of the mother’s new husband.
Case Example 3: The Court restrained a mother from using any family name other than the father’s family name because it found that the child identified with the father’s family name and that the retention of that family name was in the child’s best interests.
Case Example 4: A name change was allowed in circumstances where a child had never met his father, had never identified with his father who had been absent from the child’s life and had been incarcerated for most of the child’s life.
Seeking legal advice
Most applications to change a child’s family name are contested and the outcome will ultimately depend upon the circumstances of the situation and the evidence that is provided by each party.  We therefore recommend that you seek legal advice if you are considering changing your child’s family name after separating from your partner to help you to better understand your rights and obligations.
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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DIVIDING UP THE FAMILY FARM

Dividing Up The Family Farm
Family Law | Video

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THE IMPORTANCE OF HAVING A WILL

From the age of 18, having a will should be considered a serious priority for everyone. A will is a crucial document not only for its owner, but for all of that person’s family and friends.
Essentially, a will is a legal document that provides for the distribution of your property on your death.  A will nominates a person or persons as executor to distribute assets on your behalf, in accordance with your wishes set out in your will.
Wills stipulate which of your assets will go to the “beneficiary”, anyone from a family member to a friend, charity or any other organisation. Assets can include land, houses, cars, back accounts, insurance policies, as well as any other goods you may own at the time you die. In the event that you own a business, a will can provide for the succession of that business through other structures such as companies and trusts.
Wills can also state who will be the legal guardian of your child/children in the event that they were left without a parent.
The primary reason that a will is so crucial is because without one, distribution of your assets will be left entirely up to the legislation. This means you died ‘intestate’ and the law sets out a strict formula as to how your assets will be divided through the intestacy rules in the Succession Act 1981 (Qld). This process can result in an outcome much different to how you might have originally planned, plus it is an added cost for someone to be authorised as the Administrator to deal with your estate.
As life goes on and children and grandchildren are born, financial circumstances can change and beneficiaries change. For this reason it is important a will is kept up to date. It’s also crucial that any will is drafted correctly by a qualified lawyer. For example, if a will does not consider survivorship rules, fails to address any existing liabilities of the estate, or is made when there are questions surrounding your mental capacity, the chance of unforeseen and unintended consequences increases.
A legal specialist can help you understand the laws involved and answer any questions you may have in relation to the creation of a will, so contact us today. 
It is important to seek specific advice regarding your circumstances as this fact sheet provides general information only and does not constitute legal advice.

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