Psychiatric injury is one the most complex injuries to be determined in a workers compensation claim. In most cases where there are allegations of bullying, harassment, victimisation etc. there is usually competing evidence in the form of witness statements or documentary evidence. Section 11A of Workers Compensation Act 1987 is legislation which can be used as a defence by an employer to deny workers compensation entitlements where it is arguable, with evidence, that a worker’s psychiatric condition ‘wholly or predominantly’ relates to reasonable action taken by the employer in relation to the injured worker under one or more of the following:

Transfer – usually a change of role or responsibilities.
Demotion and Promotion – a change of rank, grade or title
Discipline – the provision of instruction or learning and the continuing of that instruction in the form of repetitive training and/or exercise; or punishment
Dismissal – termination of employment without a worker’s consent or agreement.
Provision of employment benefits to workers – refers to work entitlements including but not limited to leave, provision of benefits, rostering or scheduling etc.

Injured workers are usually first notified of such a defence in a Section 78 Notice issued by the workers compensation insurer, which should specifically outline the reasons why a claim is declined. In some cases, this does not mean an injured worker does not have a psychiatric injury, but rather that reasonable action taken by the employer wholly or predominantly caused that same psychiatric injury.
It is the responsibility of the employer to prove ‘reasonable action’ had been undertaken. Geraghty J in the matter of Irwin v Director General of School Education NSWCC (unreported) stated the following:
“The question of reasonableness is one of fact, weighing all the relevant factors. The test is less demanding than the test of necessity, but more demanding than a test of convenience. The test of ‘reasonableness’ is objective, and must weigh the rights of employees against the objective of the employer. Whether an action is reasonable should be attended, in all the circumstances, by a question of fairness.”
In determining what is reasonable action, the following needs to be considered:

Consideration of the facts and circumstances of the injury – what occurred prior and after the relevant action was instituted.
Weighing the needs of the injured worker against the view and objective of the employer in undertaking that action
The method the action was carried out by the employer
Whether the information held by the employer at that time would support their action to be ‘reasonable’.

An injured worker’s treating doctors must provide reports confirming that the worker is suffering from a diagnosable psychiatric condition and outline the events and incidents, which have predominantly contributed to this condition and ongoing symptoms.
An injured worker is obligated to participate with the insurance company’s investigation. You may be required to provide a statement and attend an independent medical examination with a psychiatrist.
If you believe that events or incidents have occurred in the course of your employment have affected your mental health and you have undertaken steps to resolve these issues at work without success, our advice to you is that you should undertake the following:

Make notes recording events, dates, statements made that have affected you.
Consult your General Practitioner and obtain the necessary medical treatment and a Certificate of Capacity.
Submit Notification of a workers compensation injury to your employer. If you cannot return to the workplace due to your psychiatric condition, you can lodge your claim notification online at   www.sira.nsw.gov.au.
Obtain a referral to speak to a psychiatric specialist.
Seek advice from a workers compensation lawyer.

If an employer wishes to rely on Section 11A to defend the claim, they will produce evidence in support. An injured worker is entitled to receive copies of all evidence relied upon in the making of that decision for their review.
If you are suffering from a work-related psychiatric condition, please contact our nearest office as soon as possible to discuss your matter with a personal injury solicitor.
The post What does “Section 11A” mean to an injured worker with a psychiatric injury? appeared first on Turner Freeman Lawyers.

Executors have a big responsibility.
They are required to execute the will, that is, do what the will says, including collecting the assets, paying the debts, and distributing the deceased’s estate to the beneficiaries named in the will.
Some of the main jobs of an executor include:

locating the will;
assisting and organising the funeral;
locating and identifying all assets and debts;
obtaining a grant of probate, if required;
collecting in the assets;
paying debts;
assisting the Court in the event of any claims or court proceedings;
managing and finalising tax affairs of the deceased and the estate; and
distributing the estate.

It is important to remember that an executor is a fiduciary. They are in a fiduciary relationship with the beneficiaries. This means they must do their job with due diligence and care, and in the best interests of the beneficiaries.
For example, executors should preserve, protect and maintain the assets. This includes making sure assets are insured and accruing interest where possible. Executors should not place themselves in a position of a conflict of interest, and must not be dishonest, deliberately avoid attending to his or her duties, or fail to do what a personal representative would objectively be expected to do in their role.
We recommend that executors obtain specialist legal advice to assist them. Reasonable legal expenses are payable from the deceased’s estate.
Lawyers can assist executors by:

informing them of their rights and responsibilities;
keeping proper records;
managing a trust account on behalf of the estate;
identifying any issues with the will;
obtaining the grant of probate;
advising executors how to protect against mistake or risk;
advising executors in relation to important deadlines;
assisting the executor to deal with and pay debts and distribute the estate;
handling any claims or legal proceedings; and
drawing up distribution statements.

If you have been named as executor in a will, we welcome you to contact us on 08 8213 1000. We would be glad to help you with your important role.
The post An Executor’s Job appeared first on Turner Freeman Lawyers.

Health information seminar at Warwick
Please join us for a FREE community health information seminar at Warwick RSL Memorial Club.
More information about this event can be found on the Seminar Invitation.

Asbestos Morning Tea Invitation – Warwick
Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Tuesday, 16 July 2019
Time: 10 am to 11:30 am
Venue: Cnr Albion & King Streets, Warwick, QLD
RSVP: by 11 July 2019. P: 1800 776 412 or email: [email protected]
Morning Tea provided for your enjoyment.
The post Warwick morning tea appeared first on Turner Freeman Lawyers.

The Partners take pleasure in advising all staff of the following appointments:
Appointment to Associate
Alana Main
Alana Main commenced employment with Turner Freeman in our Perth office on 28 June 2010. She worked as a law clerk in that office until August 2017 when she was admitted to practice as a solicitor in the Supreme Court of Western Australia. Since that time she has worked in our Perth office exclusively in the area of dust diseases litigation.
We congratulate Alana upon her appointment to the position of Associate with the Firm.
Jess Pittman
Jess Pittman commenced employment with Turner Freeman in our Adelaide office in August 2013 as a law clerk. In July 2017 she was admitted to practice as a solicitor in the Supreme Court of South Australia. Since that time she has worked extensively in the area of dust diseases litigation and has also practised in the areas of general workers compensation litigation and noise induced hearing loss claims.
We congratulate Jess upon her appointment to the position of Associate with the Firm.
Beth Castell
Beth Castell commenced employment with Turner Freeman our Adelaide office on 8 December 2014. She has practiced exclusively in the area of wills and estate law. She has, since joining Turner Freeman developed a wills and estates practice for the Adelaide office.
We congratulate Beth upon her appointment to the position of Associate with the Firm.
Jessica Preston
Jessica Preston is employed at our Varisty Lakes office on the Gold Coast. She joined the Firm in December 2017 having worked at number of Firms including Moray & Agnew, Maurice Blackburn and Mark Flynn & Associates in various capacities. Her work includes TPD claims, motor vehicle accident claims, public liability claims and statutory WorkCover claims in Queensland.  Her prior experience with the law of NSW enables her to also conduct personal injury matters within NSW.
We congratulate Jessica upon her appointment to the position of Associate with the Firm.
Appointment to Senior Associate
Darren Whitelegg
Darren Whitelegg commenced employment with Turner Freeman on 3 January 2012 as a law clerk. He was admitted as a solicitor in the Supreme Court of Queensland on 13 December 2012. His entire legal career has been with Turner Freeman, having initially worked in the Ipswich office and then transferred to the Toowoomba office when it opened in July 2013.  Darren was promoted to the position of Associate at Toowoomba on 1 July 2015.
Darren is the sole legal practitioner at Toowoomba. He works in all areas of personal injury litigation in the Toowoomba office. He has played a pivotal role in the success of the Toowoomba office.
We congratulate Darren upon his appointment to the position of Senior Associate with the Firm.
Emma Davidson
Emma Davidson commenced employment with Turner Freeman in December 2009 as a law clerk. At that time she worked in our Brisbane office. She was admitted as a solicitor in the Supreme Court of Queensland  in January 2012. After her admission she continued to practice from our Brisbane office.
After a period of maternity leave she returned to us and relocated to work at the Southport office. She has remained a member of the Gold Coast branch, now located at Varsity Lakes initially in the capacity of a Solicitor and later as an Associate.   She now resides at Coffs Harbour, works independently, but continues to be a Branch employee of Varsity Lakes.
Emma has worked extensively in all areas of personal injury litigation including Queensland statutory workers compensation claims and Commonwealth Seafarers and SRCA claims.  She also has experience in public liability, motor vehicle, TPD and dust diseases claims in both the Queensland and New South Wales jurisdictions.
We congratulate Emma upon her appointment to the position of Senior Associate with the Firm.
Appointment to Partner
This year a record number of our Senior Associates have been promoted to the partnership. Indeed, the current intake represents the largest ever intake into the partnership in a single year.  Those that have been successful are:
Tamaryn Caldwell
Tamaryn Caldwell commenced employment with Turner Freeman in our Brisbane office in August 2007 as a graduate lawyer.  From the outset she worked directly under Thady’s supervision.  Since joining the firm she has worked exclusively in dust diseases litigation, in both the Queensland and New South Wales jurisdictions.
Tamaryn has been pivotal to the success and growth of our North Lakes office. Tamaryn was promoted to the position of Senior Associate on 1 July 2014. In 2015 she submitted a proposal to the partnership to open a branch office at North Lakes, in the northern suburbs of Brisbane.  That office opened in August 2015.
Tamaryn now has eleven years of experience working in dust diseases litigation and has developed a high level of skill and competence in the area.
With her appointment to the position of Partner with the Firm Tamaryn will be the Branch Manager of the North Lakes Office.
We congratulate Tamaryn upon her appointment to the position of Partner with the Firm.
Ciaran Ehrich
Ciaran Ehrich commenced employment with Turner Freeman in our Brisbane office in June 2012 as a graduate lawyer. Upon his admission to practice in the Supreme Court of Queensland he was employed as a Solicitor working exclusively in the area of dust diseases litigation under Thady’s supervision.
On 1 July 2017 Ciaran was promoted to the position of Senior Associate.
He initially worked in the Brisbane office and in 2017 relocated to the Gold Coast and took up a senior position at our new Varsity Lakes office.
Ciaran has developed a  high level of expertise in dust diseases litigation, litigating claims in both Queensland and New South Wales.
Ciaran has in recent times developed an interest in general personal injury law in New South Wales and over time intends to position the Firm on the Northern Rivers, opening up an opportunity to practice in all types of general personal injury litigation in New South Wales.
With his promotion to the position of Partner Ciaran will formally become the Branch Manager at Varsity Lakes.
We congratulate Ciaran upon his appointment to the position of Partner with the Firm.
Ben Grosse
Ben Grosse commenced employment with Turner Freeman in our Newcastle office in December 2010, initially as a law clerk. He was admitted to practice in the Supreme Court of New South Wales in late 2011 and in January 2012 commenced work as a junior lawyer under Gerard’s supervision. Ben has worked almost exclusively in general personal injury litigation including workers compensation claims, work injury damages claims, CTP, public liability and TPD claims.
On 1 July 2017 Ben was promoted to the position of Senior Associate. Since that time he was worked exclusively in the general personal injuries area, in all types of general personal injury claims including highly complex claims and catastrophic claims.
Ben is an important contact point for the Firm with our institutional clients in New South Wales including the AMWU, the FSU and the CFMEU Manufacturing Division.
With his promotion to the position of Partner Ben will assume the role of Practice Group Leader of all of our general personal injuries practice at the Newcastle Branch.
We congratulate Ben upon his appointment to the position of Partner with the Firm.
Jenna Hutchinson
Jenna Hutchinson commenced employment with Turner Freeman in our Brisbane office in June 2013. The intention, when she commenced with the Firm was to build a wills and estates law department.  There was almost no estate planning or estate administration practice to speak of in Brisbane when she commenced with the Firm.
Since commencing with us Jenna has slowly grown the practice such that she currently supervises six staff including two solicitors, three full time paralegals and a secretary.  She is also responsible for supervising and training lawyers and paralegals in other Queensland offices.
Jenna was appointed a Senior Associate with the Firm on 1 July 2017.
Jenna is pivotal to the future development of the estate planning and estate law practice in Queensland. The Firm intends to gradually develop a wills and estates practice in every office in Queensland under Jenna’s supervision.
We congratulate Jenna upon her appointment to the position of Partner with the Firm.
Gerard Morson
Gerard Morson commenced employment with Turner Freeman in our Parramatta office in September 2015.
Prior to working for the Firm Gerard worked for Bells at Penrith and Brydens at Liverpool.
In early 2016 Gerard relocated to our Penrith office where he has developed a very substantial personal injury practice. There are now several solicitors and a paralegal working with Gerard in that practice area.
Gerard was promoted to the position of Senior Associate on 1 July 2017.
The Penrith office is unique in that there is a large general law practice at that office with large quantities of non personal injury work including estate law and property law work.
With his promotion to partnership Gerard will assume the role of Branch Manager with responsibility over not just the personal injury practice but also the non personal injury practice.  He will work closely with John Mann to transition into this new role.
We congratulate Gerard upon his appointment to the position of Partner with the Firm.
Matthew O’Keefe
Matthew O’Keefe commenced employment with Turner Freeman in January 2012 as a Solicitor.  He has, since commencing with the Firm, worked at our Ipswich office.
On 1  July 2017 Matthew was promoted to the position of Senior Associate.
From March 2017 Matthew has been responsible for managing the Ipswich office, its legal work and its staff.
Matthew has extensive experience in all areas of general personal injury law including workers compensation claims, public liability claims, motor vehicle accident claims, industrial deafness claims, TPD claims, skin cancer claims, medical negligence claims, dependency claims and nervous shock claims.  Since 2017 he has also gained experience in litigating asbestos and dust diseases claims.
Matthew supervises a significant number of professional and non professional staff at the Ipswich office. The Ipswich office is one of our larger regional offices, ten staff now working in Ipswich.
Matthew’s promotion to the partnership will formalise his position as the Branch Manager at Ipswich.
We congratulate Matthew upon his appointment to the position of Partner with the Firm.
Ann-Maree Pascoli
Ann-Maree Pascoli commenced employment with Turner Freeman in our Parramatta office in March 2007 as an employed solicitor.  Her first stint with the Firm was between March 2007 and August 2010. During that period she worked primarily in the area of dust diseases litigation in New South Wales and had carriage of the medical negligence practice at Parramatta.
She left the Firm to broaden her experience in medical negligence law.
In February 2017 she returned to the Firm and has since practiced in both dust disease and medical negligence files.
On 1 July 2018 Ann-Maree was promoted to the position of Senior Associate.
Since her promotion to the position of Senior Associate Ann-Maree has worked as part of the leadership team in the western Sydney offices.
With her promotion to the position of Partner Ann-Maree will become the Practice Group Leader in Western Sydney in medical negligence and institutional abuse claims and will supervise the staff in that area.  She will continue to work in the dust diseases practice.
We congratulate Ann-Maree upon her appointment to the position of Partner with the Firm.
The Partners take this opportunity to thank all of those who have received promotion for their hard work, dedication and commitment to the Firm, its clients and its continuing expansion and growth.
The post Latest Turner Freeman appointments appeared first on Turner Freeman Lawyers.

Health information seminar at Redlands
Please join us for a FREE community health information seminar at Redlands RSL.
More information about this event can be found on the Seminar Invitation.

Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Tuesday, 18 June 2019
Time: 10 am to 11:30 am
Venue: 8 Passage Street, Cleveland, QLD, 4163
RSVP: by 11 June 2019. P: 1800 776 412 or email: [email protected]
Morning Tea provided for your enjoyment.
The post Cleveland morning tea appeared first on Turner Freeman Lawyers.

If you suffer from mesothelioma or another asbestos pleural disease such as diffuse pleural fibrosis or pleural thickening, you would be interested to know that on Friday, 14 June 2019 Professor Gary Lee of the Sir Charles Gairdner Hospital was named 2019 Cancer Researcher of the Year by the Cancer Council of Western Australia. We extend our congratulations to Professor Lee.
Professor Lee joins esteemed alumni including Professor Anna Nowak who took home the award last year.
This year’s award recognizes Professor Lee’s research into pleural effusions (fluid on the lung) in those who suffer from mesothelioma and breast cancer. An accumulation of fluid in this manner contributes to a person’s shortness of breath and chest pain. Professor Lee led multinational clinical trials that have improved patient treatment allowing them to spend less time in hospital and more time at home with their loved ones.
The Cancer Council’s award will help Professor Lee to continue his research into patient care while a monetary award to Professor Nowak will allow her to carry out research into different patients’ responses to a combination of chemotherapy and immunotherapy.
We again extend our congratulations to Professor Lee and thank him and Professor Nowak for their contribution to asbestos disease medical community.
The post 2019 Cancer Researcher of the Year appeared first on Turner Freeman Lawyers.

Illness or injury is often unexpected and can leave someone unable to work. This can have devastating consequences for people and their families, especially for those who do not have insurance entitlements such as workers compensation or income protection.
Can you claim for total and permanent disablement?
However, often people in these situations are entitled to make a claim for total and permanent disablement if their superannuation fund has taken out a group policy of insurance for their members. It may be the case that someone is unaware they are entitled to make claim. However, it is well worth investigating, as if a claim is successful, it could make a significant difference in a time of financial hardship.
In order for a claim to be successful, a person must meet the definition of total and permanent disablement contained in the insurance company’s policy. These definitions can vary, depending on the policy and insurance company. Usually, in order to be considered totally and permanently disabled, someone must be unable to work for approximately 3-6 months before making a claim, and (depending on the policy) be unlikely to work again, in either:

their own occupation, and/or;
another occupation for which they are reasonably qualified by way of experience, education and training, and/or;
any other occupation at all.

The former two types of policies are easier to satisfy than the latter. For example, take someone who has all their life worked as a Fitter, performing heavy manual work. Suddenly, they injure their shoulder and cannot perform heavy work anymore, and therefore cannot ever work again as a Fitter (what they are trained and qualified to do). However, it may be that they can later re-train into another industry, which does not involve as much physical work, such as bus driving or office work. They are likely to be successful in a claim where the policy is one of the first two types, as they are unable to work in their own occupation, or another occupation for which they are reasonably qualified by way of experience, education and training.
Policies such as the latter, where the insurance company needs to be satisfied that someone is unlikely to work again in any occupation, are more difficult to satisfy. But these are still likely to be successful where someone has sustained a severe injury, or contracted a serious illness, for example if someone suffers a stroke and is unable to work at all.
A common misconception regarding total and permanent disablement claims is that someone has to be severely physically disabled in order to lodge a claim. Much like the Fitter example above, if an illness or injury renders someone unable to work in their own occupation (but they can later re-train) they may very well be successful in a claim.
The insurance company generally requires medical evidence regarding the injury or illness. Often, a person’s last employer will also be required to provide information about their last job role. A claim is significantly more likely to be successful if additional medical evidence and information is provided to the insurance company.
If you have been unable to work due to injury or illness, you should obtain legal advice and enquire about whether your superannuation fund has taken out a policy of total and permanent disablement insurance.
Turner Freeman are experienced in assisting people with the claims process and with making submissions to the insurance companies about why a claim should be approved. Having a lawyer assist you means you can ensure a professional is handling your claim correctly and submitting the most important and relevant information to the insurance company. You can also be confident that if any issues arise from the insurance policy, you have a lawyer to advise you about the best way forward.
The post What is a Total and Permanent Disablement Claim? appeared first on Turner Freeman Lawyers.

Health information seminar in Cairns
Please join us for a FREE community health information seminar at Brothers Leagues Club.
More information about this event can be found on the Seminar Invitation.

Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Monday, 29 May 2019
Time: 10 am to 11:30 am
Venue: Brothers Leagues Club, 99-105 Anderson Street, Manunda, QLD, 4870
RSVP: by 20 May 2019. P: 1800 776 412 or email: [email protected]
Morning Tea provided for your enjoyment.
The post Cairns morning tea invitation appeared first on Turner Freeman Lawyers.

Come and join us for a morning tea in Townsville
Please join us for a FREE community health information seminar with a morning tea to follow at Brothers Leagues Club.
More information about this event can be found on the below Seminar Invitation.

 
Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Tuesday, 28 May 2019
Time: 10 am to 11:30 am
Venue: Brothers Leagues Club, 14 Golflinks Drive, Kirwan, QLD, 4817
RSVP: by 21 May 2019. P: 1800 776 412 or email: [email protected]
Morning Tea is provided for your enjoyment.
The post Townsville morning tea invitation appeared first on Turner Freeman Lawyers.

Come and join us for a morning tea in Rockhampton
Please join us for a FREE community health information seminar with a morning tea to follow at Rockhampton Leagues Club.
More information about this event can be found on the below Seminar Invitation.

 
Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Friday, 31 May 2019
Time: 10 am to 11:30 am
Venue: Rockhampton Leagues Club, Corner of George & Cambridge Streets, Rockhampton, QLD, 4700
RSVP: by 24 May 2019. P: 1800 776 412 or email: [email protected]
Morning Tea is provided for your enjoyment.
The post Rockhampton morning tea invitation appeared first on Turner Freeman Lawyers.

Health seminar in Mackay
Please join us for a FREE community health information seminar at the Magpies Sports Club in Mackay.
More information about this event can be found on the Seminar Invitation.

 
Representatives of Turner Freeman Lawyers and the Asbestos Disease Support Society will be available to speak with you.
Date: Thursday, 30 May 2019
Time: 10:30 am to 11:30 am
Venue: Magpies Sports Club, 1 Glenella Road, Glenella, QLD
RSVP: by 23 May 2019. P: 1800 776 412 or email: [email protected]
Morning Tea provided for your enjoyment.
The post Mackay morning tea invitation appeared first on Turner Freeman Lawyers.

If you have suffered harm as a result of medical negligence you should have your potential claim investigated as soon as possible. The reason for this is that the law in NSW does not allow an indefinite period of time to commence legal proceedings.
Limitation period in NSW
The limitation period to commence proceedings is the earlier date of either 3 years from the date of discoverability of a cause of action or 12 years from the date of the negligence. It is whichever date comes first.
Your claim is discoverable when you know (or ought to know) each of the following:

that you were injured or a death occurred;

that the injury or death was the fault of the defendant; and

that the injury was sufficiently serious to justify you bringing a claim.

A case example – Smith v Hunter New England Local Health District
This was a claim bought by a woman in relation to the failure of a hospital to appropriately manage treatment of her husband. The woman’s husband was allegedly discharged on incorrect medication and subsequently committed suicide.
A limitation issue arose as the Statement of Claim was filed nine years and ten months after the date of her husband’s death. In determining whether the claim was brought within three years of the date of discoverability, the following facts were considered:

The knowledge of court processes that Mrs Smith had gained from employment in a debt collecting company. It was accepted that Mrs Smith did not know that there was a time limit for commencing legal proceedings.

Mrs Smith had knowledge that hospital staff were of the view that her husband had been discharged too early and was on the wrong medication.

Mrs Smith consulted with a lawyer at s legal centre in February 2004 in relation to requesting a coronial inquest into her husband’s death. The possibility of a Compensation to Relatives or negligence claim was not discussed. However, the report of an expert doctor (Dr Barclay) was obtained.

In late 2010, Mrs Smith ran into Mr Baker and he suggested that Ms Smith had seven years to sue if she wanted to make a claim against the hospital. Mr Baker was a nurse who worked at the hospital who was also acquainted with Ms Smith.

On 17 December 2010, Mrs Smith consulted with another lawyer who told Mrs Smith that she would need to obtain an expert report which she agreed to and on 5 December 2013 a Statement of Claim was filed.

The Judge concluded that Mrs Smith did not know, until she consulted with the lawyer in 2010, that suing the hospital was a possibility. Therefore the Judge asked whether Mrs Smith ought to have known that her claim was discoverable.
It was held that “taking all reasonable steps” could not include consulting with Mr Baker who would have told Mrs Smith about the possibility of a legal claim. It was also noted that Ms Smith could not be criticised for not seeking legal advice earlier as she had consulted with a lawyer and was not advised that she may have a potential claim.Therefore it was held that the proceedings were commenced within the limitation period and Ms Smith’s claim could proceed.
Practical tips

The limitation period does not necessarily end three years from the date of the negligence, however once you have consulted with lawyers it will be difficult to explain large delays in obtaining legal advice.

The law also requires that plaintiffs take reasonable steps, such as obtaining legal advice to discover their claim as soon as possible so you should not delay consulting with lawyers.

The limitation period is applied differently in each case because each individual’s circumstances and knowledge varies. Therefore it is paramount to obtain expert legal advice as soon as possible.

If you do not commence proceedings prior to the end of the limitation period, you may be prevented from bringing a claim.
The post How long do I have to sue for medical negligence? appeared first on Turner Freeman Lawyers.

Silica dust is being called the new asbestos.
Authorities have even gone as far as to say it could be worse than asbestos. This appears to be because of the large number of stonemasons in their 20s and 30s being diagnosed with silicosis as a direct result of dry cutting of artificial stone benchtops without adequate protective equipment.
So what is silica and what is silicosis?
Silica is a crystalline mineral found in sand, soil, concrete granite, rock and stone and silicosis is scarring on the lungs caused by the inhalation of silica dust.
At least 135 stonemasons have been diagnosed with silicosis in Queensland and Victoria in the last 6 months. This number is set to increase as workers in Western Australia and New South Wales begin to undergo testing. Testing is imperative particularly for those who have been exposed to silica dust and experience shortness of breath, a cough or chest pain, symptoms commonly associated with silicosis.  Testing will include CT scans, chest x-rays, lung function tests and assessments with respiratory physicians. These tests will not only seek to determine whether or not a person suffers from silicosis but also whether they suffer from another silica dust disease such as lung cancer, silicotic nodules, chronic obstructive pulmonary disease (COPD), chronic bronchitis and scleroderma.
If you believe you have been exposed to silica dust, and would like obligation free advice on your compensation entitlements, please do not hesitate to contact us on 08 9325 0900. Importantly, strict time limits apply to the different States of Australia and it is therefore imperative you seek legal advice if you have been diagnosed with a silica related disease.
The post Silica dust: the new asbestos appeared first on Turner Freeman Lawyers.

The Conveyancing Rules (version 5) will commence on 1 July 2019 whereby transfer, mortgage, discharge of mortgage, caveat, withdrawal of caveat and transmission application must be lodged electronically from 1 July 2019 whether standalone, or in combination.
Conveyancing Rule 8.7 makes it mandatory for dealings such as transfer, mortgage, discharge of mortgage, caveat and withdrawals of caveat or transmission application to be lodged electronically from 1 July 2019. The rule applies whether the dealing is lodged as a standalone, or in combination with other dealings. The dealings which are lodged at NSW Land Registry Services (“NSW LRS”) must be lodged electronically through a lodgement network provider, PEXA or Sympli.
Turner Freeman is now PEXA certified and we are able to lodge the mandated dealings electronically.
Clients should be aware of the requirements when transacting electronically, particularly the requirement for a client authorisation form to be completed, the identity of the client to be verified and that the client has authority to deal with the property. It is important that the client has all of their requisite ID documents available when attempting to transact in a property matter. If you have any questions in regards to the ID documents, please do not hesitate to contact our office on (02) 8222 3333.
The post E- Conveyancing- mandatory electronic lodgement of dealings from 1 July 2019 appeared first on Turner Freeman Lawyers.

Our NSW office locations Sydney Level 12, 160 Sussex St, Sydney, NSW 2000 Phone: (02) 8222 3333 13 43 63 Fax: (02) 8222 3349 Parramatta Level 8, 100 George Street, Parramatta NSW 2150 Phone: (02) 8833 2500 13 43 63 Fax: (02) 8833 2549 Campbelltown Shop 1 & 2, 156-168 Queen Street, Campbelltown NSW 2560 Phone: (02) … Read More

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Our QLD office locations Brisbane Level 8, 239 George Street Brisbane QLD 4000 Phone: (07) 3025 9000 1800 683 928 Fax: (07) 3025 9049 Cairns Suite 5, 78 Mulgrave Road, Cairns QLD 4870 Phone: (07) 4044 8000 13 43 63 Fax: (07) 4044 8049 Ipswich 10 Churchill Street, Ipswich QLD 4305 Phone: (07) 3432 6222 13 43 … Read More

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Our SA office location Adelaide Level 3, 60 Waymouth Street Adelaide, SA 5000 Phone: (08) 8213 1000 13 43 63 Fax: (08) 8213 1049 Whyalla Shop 5, 87b-89 Essington Lewis Avenue Whyalla Playford SA 5600 Phone: (08) 8645 0555 13 43 63Read More

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Our WA office location Perth Suite 186, Level 6 580 Hay Street, Perth WA 6000 Phone: (08) 9325 0900 13 43 63 Fax: (08) 9325 0949Read More

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Turner Freeman Lawyers locations in Australia NSW Sydney Level 12, 160 Sussex St, Sydney, NSW 2000 Phone: (02) 8222 3333 13 43 63 Fax: (02) 8222 3349 Parramatta Level 8, 100 George Street, Parramatta NSW 2150 Phone: (02) 8833 2500 13 43 63 Fax: (02) 8833 2549 Campbelltown Shop 1 & 2, 156-168 Queen Street, Campbelltown NSW … Read More

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