Are same-sex couples treated differently if they split up?
PLEASE NOTE, RYAN CARLISLE THOMAS NO LONGER OFFERS FAMILY LAW SERVICES. FOR REFERRAL INFORMATION, CONTACT THE LAW INSTITUTE OF VICTORIA. WE APOLOGISE FOR ANY INCONVENIENCE.
Legal Blog.
Redundancy: Will an ‘exit medical’ affect my WorkCover claim?
You might be facing redundancy and have been asked to sit an “exit medical” by your employer. Do you have to comply? And if you
Woman wins right to sue police over family violence
PLEASE NOTE, RYAN CARLISLE THOMAS NO LONGER OFFERS FAMILY LAW SERVICES. FOR REFERRAL INFORMATION, CONTACT THE LAW INSTITUTE OF VICTORIA. WE APOLOGISE FOR ANY INCONVENIENCE.
Overseas marriages pose issues for family law courts here
PLEASE NOTE, RYAN CARLISLE THOMAS NO LONGER OFFERS FAMILY LAW SERVICES. FOR REFERRAL INFORMATION, CONTACT THE LAW INSTITUTE OF VICTORIA. WE APOLOGISE FOR ANY INCONVENIENCE.
8 considerations for determining the success of a TAC compensation claim
What personal factors impact TAC compensation claims? 1. Age As a general rule, the older you are, the less you’ll get. For example, in a
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
WorkCover, TAC and Centrelink
Unfortunately for some of our clients, and injured people in general, by the time they receive a lump sum settlement in their claim, they have
What to do if you don’t lodge a WorkCover claim immediately
We often see workers who have sustained an injury at work but who did not lodge a WorkCover claim (‘a claim’) immediately. Often this is
What is an ‘Overarching Obligations Certificate’ and when will I need to sign one?
Since 1 January 2011 it has been a requirement in Victoria that any party to a civil proceeding – such as a WorkCover or TAC
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
Airbnb and rentals – what happens if someone gets injured?
Airbnb has exploded in popularity in Australia, where even a small country town can have nearly 100 listings. This has brought with it great benefits
Bringing a claim in negligence for abuse at school
Trinity Grammar has come under the spotlight recently, after allegations were made against four of its teachers of child sexual abuse occurring in the 1970s. We act
What you need to know before claiming under the National Redress Scheme
What you need to know before claiming under the National Redress Scheme Because of the limitations on payments within the Redress Scheme, most people who
Are Uber Eats and Deliveroo riders covered if injured?
A lot more bike riders are delivering food for ‘gig economy’ firms like Uber Eats and Deliveroo, and that in turn is leading to a
Total and Permanent Disability claims. You must meet the definition
People who are unable to work due to physical or mental incapacity or illness may be able to access insurance entitlements attached to their superannuation
How the new Sexual Abuse Redress scheme is not working
The Commonwealth Government’s sexual abuse redress scheme has now been operating since 1 July 2018 and we’ve learnt something already. Payments are assessed under a
Can private recordings be used as evidence in Family Law proceedings?
Some marriage separations are amicable, and many are not. As family lawyers, we’re often asked by our clients whether recording conversations, with their former partners,
Celebrating 40 years of community service with IMCL
Some of our legal team are looking forward to celebrating 40 years of Inner Melbourne Community Legal (IMCL) at the Melbourne Town Hall this evening. Formerly the
Why do lawyers want my medical records?
Anyone who has been injured and is seeking compensation should be asked by their lawyer to sign authorities enabling the lawyer to obtain full copies
New Family Law court expected to slash client wait times
PLEASE NOTE, RYAN CARLISLE THOMAS NO LONGER OFFERS FAMILY LAW SERVICES. FOR REFERRAL INFORMATION, CONTACT THE LAW INSTITUTE OF VICTORIA. WE APOLOGISE FOR ANY INCONVENIENCE.
What to do if you disagree with a WorkCover insurer’s decision
If you have a WorkCover claim, and the WorkCover insurer has made a decision that you don’t agree with, it is important that you are
Annual leave now accrues while on WorkCover payments
Injured workers have recently gained the additional financial protection of being able to accrue annual leave while on WorkCover. Two cases heard by the Fair
Injured parties must know about critical time limits for personal injury claims
Plaintiffs are sometimes unaware of the time limits to bring personal injury claims and find out all too late. Their claims are statute barred unless
Can you claim TPD whilst on WorkCover?
Regular readers of our blog will know that anyone who suffers an incapacity for work as a result of work-related injury will be entitled to
Catholic Church has $30 billion. What about redress?
A recent investigation undertaken by the Age has revealed that the Catholic Church currently owns real estate and other assets in Australia to the estimated
I am owed backpay and super – what are my legal rights?
Workers in hospitality and aged care at risk Whether you pursue a back pay claim will depend on the size of your claim, how much
Unfair dismissal: who can sue and what to do?
You can sue for unfair dismissal generally if you are an award employee. If you’re not an employee covered by an award, then you generally
To litigate or not to litigate? The Federal Redress Scheme
Update on the Commonwealth’s response to child abuse As the Commonwealth Government’s Redress scheme continues to be debated, we address a question that many clients
How can my super fund help if I’m ill or injured?
In the event that you become seriously ill or injured it’s really important to have a look at your superannuation fund, because there may be
I’ve been discriminated against at work. What can I do?
If you think you’ve suffered discrimination at work, you might be able to sue for compensation for financial loss and for pain and suffering. You
Are casuals and workers on visas covered by WorkCover?
Given the reduction in the number of full time jobs, more and more people in industry and certainly in hospitality are working as casuals. Increasingly
How to calculate weekly WorkCover payments
Calculating WorkCover weekly benefits or payments can be tricky. There are also some pitfalls, depending on when you choose to attend medical appointments. Here is
The right to know, parentage and legal considerations around sperm donation
PLEASE NOTE, RYAN CARLISLE THOMAS NO LONGER OFFERS FAMILY LAW SERVICES. FOR REFERRAL INFORMATION, CONTACT THE LAW INSTITUTE OF VICTORIA. WE APOLOGISE FOR ANY INCONVENIENCE.
If I make a TPD claim, will it affect my super?
I am often met with concern from clients who wish to access the insurance benefits, such as Total and Permanent Disablement (TPD), attached to their
Child abuse in the Catholic Church: Here are the statistics
Royal Commission into Child Sexual Abuse hearings One of the many useful functions performed by the Royal Commission into Child Sexual Abuse has been the
If I am paid cash in hand, am I covered by WorkCover if injured?
Many people who are paid cash in hand while working and are then injured ask me if they are still covered by WorkCover. The short
Owner drivers – are you covered by WorkCover?
Many owner drivers are confused as to whether they are covered by WorkCover. If you are an owner driver who is not an independent business
Fair, simple and generous? Queries remain for abuse compo
In announcing a Commonwealth-led compensation scheme for survivors of institutional sexual abuse yesterday, Social Services Minister Christian Porter said the scheme would be fair, simple
Bitcoin, domain names and Apps: A new frontier in family law
As new forms of property and business enter the marketplace – such as domain names, Bitcoin, Apps, social media accounts, crowd sourced finance and other profitable
Legal reform on transgender hormone treatment overdue?
It can be a difficult, costly and drawn-out legal process for many transgender young people trying to access some of the medical treatments they need
Handy tips for people on WorkCover
WorkCover can be complex. We field hundreds of questions from our clients about their WorkCover claims. Over time, we’ve seen that there are a number
How can I sue an individual for abuse or injury? Is it worth it?
Many people are aware that institutions such as government departments, businesses and religious bodies can be sued for damages for personal injury. What’s less known
How can I sue an individual for abuse or injury? Is it worth it?
Many people are aware that institutions such as government departments, businesses and religious bodies can be sued for damages for personal injury. What’s less known
You can choose your own doctor for WorkCover treatment
You do not have to be treated by the company’s doctor of choice. You can choose your own GP. Not only do you have the
You Can Challenge A WorkCover Insurer’s Decision
Are you on WorkCover? 10 things you MUST know: #3 WorkCover insurers make bad decisions all the time. They can be unfair, unreasonable or just
Spinal injury compensation made easier by law change
An amendment to the Wrongs Act 1958 made last year by the Andrews Government has made it easier for those suffering spinal injuries as a
Court Imposes Heavy Fine For Pay Breaches As A Deterrent
The Federal Circuit Court has ordered that a small engineering company pay one of its former employees $36,000 in financial penalties for failing to pay
Complaints About Ridsdale’s Sexual Abuse Ignored
The Royal Commission today heard testimony from two priests that has thrown further light on the relationship between Cardinel Pell and paedophile priest Gerald Risdale.
‘All it takes for bad things to happen is for good people to do nothing’
The evidence of Bishop Brian Finnigan, former priest from the Diocese of Ballarat and current Auxiliary Bishop of Brisbane, was under scrutiny today at the
‘Poor memories’ cloud Royal Commission’s hearings against Ridsdale and Day
The Royal Commission has heard testimony from two priests who had a direct connection with the notorious pedophile priest Father Risdale, neither of whom appeared
Pay Deductions By Employers May Be Unlawful
The AEU Victoria recently won millions of dollars in back-pay for more than 40,000 Victorian teachers after the Federal Court found the Victorian Government had
Archbishop Hart and survivors continue harrowing evidence at Royal Commission
Case Study 35 of the Royal Commission into Institutional Responses to Child Sexual Abuse resumed today with an investigation into the abhorrent sexual abuse of
Gender dysphoria: Why courts have say in gender reassignment
Gender dysphoria, in which a child feels uncomfortable within his or her biological sex, has in recent years risen to public prominence. The growth in
Sham Contracts Are Illegal: Your Working Status And Rights
Recent alleged scams implicating Pizza Hut and Myer have seen workers speaking out against potential sham contract arrangements and the underpayment of wages. [1] The
WorkCover insurers again hauled before Victorian Ombudsman
The announcement that the Victorian Ombudsman, Deborah Glass, will conduct an investigation into the management of WorkCover claims by WorkSafe agents QBE, Gallagher Basset Services,
Frustration over reporting and responding to sexual abuse at Melbourne Catholic school
The Royal Commission into Institutional Responses to Child Sexual Abuse has heard evidence of sexual abuse at the Holy Family Parish Primary School in Doveton
Commission hears of widespread abuse in Melbourne Archdiocese
The court was full today for the start of the 35th case study of the Royal Commission into Institutional Responses to Child Sexual Abuse. Starting
Labour Hire Horrors – What’s Your Story?
“I was contracting with an ABN but to one employer only. I know this is illegal and I know myself and other workers are being
The Facts About Casuals And WorkCover
I recall someone telling me how he felt when he once worked as a casual among permanents. They all worked the same hours, did the
What to do if your employer won’t let you claim WorkCover
If you are injured at work, there are laws to protect your rights. This is why almost all Victorian employers have WorkCover insurance. In fact,
Fall In Love, But Do It With Your Eyes Open: A Checklist For De Facto Couples
While a de facto relationship appears to be more informal, many people enter or sometimes even drift into one without realising that once it acquires
Alleged Ballarat Hospital bullying – legal help is available
Recent reports of bullying and intimidation within Ballarat Hospital’s mental health unit are disturbing. From what has been reported in the media so far, it
Make your voice heard against wage exploitation
The plight of workers who have been scammed by some of the large fresh food suppliers to the big supermarkets, and others like those on
Salvation Army corporal punishment in children’s homes in breach of own regulations
The leadership of the Salvation Army (Sth Territory) has conceded its staff physically abused children by using severe corporal punishment in breach of its own policies
Abuse at Box Hill Boys’ Home examined by Royal Commission
The Royal Commission into Institutional Responses to Child Sexual Abuse has heard from a number of survivors of physical and sexual abuse at the Box
Child Abuse Royal Commission Focuses On Salvation Army Homes In Victoria, SA
The Salvation Army will again be the focus of the Royal Commission into Institutional Responses to Child Sexual Abuse this fortnight, with the charity’s Victorian,
The details behind record $1 million school abuse decision
Court rules school “directly liable” for abuse due to the extent of power and control given to the perpetrator Hadassa Erlich, a victim of sexual
Legal Help For Women In Hospitals – PMs Call To Stop Violence Against Women
Prime Minister Malcolm Turnbull’s $100 million initiative on violence against women announced today includes extra funding to extend an innovative legal service “embedded” in some
Melbourne Response found to be insufficiently independent
The report relating to Case Study number 16, which examined the responses of the Catholic Church namely through their Melbourne response process, was released last
Court decision breakthrough for recognising debilitating consequences of back injury
Lower back injuries are among the most common in today’s workforce, but the major implications that a back injury can have on a sufferer’s everyday
Making A Claim For Sexual Abuse Compensation Through RCT
This is the first in a new series of blogs for people considering making a claim for compensation for the sexual and physical abuse they
Scarring Cases Just Got A Whole Lot Easier
Traffic and workplace injury cases in which terrible scars are left as a result of an accident will now be much easier to win at
Children Placed In Care Of Under-Resourced And Over-Worked Staff
The Royal Commission into Institutional Responses to Child Sexual Abuse heard today in its public hearing into Victorian Youth Training Centres from Dr Allan Borowski,
Winlaton abuse survivor tells Royal Commission of sexual abuse and “triads”
A former resident of the Victorian children’s institution Winlaton has given evidence of sexual abuse and forced group counselling programs known as “triads” to the
New WorkCover App, VicClaim, Helps In Lodging Injury Claims
WorkCover Victoria has launched a new app for iphone and android phones and tablets that puts injury claims information in the palm of your hand.
Former Turana wards tell Royal Commission of horrifying abuse
Three ex-residents of the former Victorian government-run youth institution Turana have told of the physical, psychological and sexual abuse they experienced in state care to
Royal Commission Opens State Response To Child Abuse Hearing
Today saw day one of the 30th case study of the Royal Commission into Institutional Responses to Child Sexual Abuse. The case study or public
Irish Child Abuse Survivors Appeal Redress Decisions
47 survivors of child abuse in Ireland have appealed decisions by the body set up to monitor requests for help from the redress fund known
The Status Of A De Facto Relationship During A Legal Battle Can Be Complex
Marriage certificates prove you’re married but getting the court to recognise a de facto relationship can be complicated. The Family Court didn’t have the jurisdiction
“There is no medicine that will cure trauma”; Sexual abuse health expert
A week into Royal Commission public hearings in Ballarat, a sexual abuse health expert gave compelling evidence on the pervasive effects of child sexual and
Christian Brothers Reviewing “Unjust” Abuse Settlements
Today, the Royal Commission into Institutional Responses to Child Sexual Abuse, sitting in Ballarat, heard from Brother Peter Clinch, Province Leader of Christian Brothers Oceania,
Poultry Worker Sacked For Drunkenness Awarded $7,000 In Compensation
The case of a poultry worker sacked for allegedly being drunk on the job and who consequently won $7,000 in compensation for unfair dismissal has
Separated Families Travelling Overseas Can Hit Turbulence
The enormous popularity of taking off overseas on holidays with the kids is something that more and more people now enjoy. But trying to travel
New Victorian Laws To Punish Failure To Report Or Protect Children From Sexual Abuse
The Victorian Government is in the middle of enacting several recommendations of the Betrayal of Trust” Report, which was released following the Victorian Parliamentary inquiry
Child abuse by Catholic nuns examined at Australian and Northern Ireland inquiries
Children abused while living in the care of two well-known Catholic orders are having their stories recorded by the Australian Royal Commission into Institutional Child
How You Fill In A WorkCover Claim Form Can Be Critical
Problems arising from the decision in the Magistrates’ Court in Robinson v SPI Electricity Pty Ltd continue to frustrate injured workers due to a onerous and
New Changes To Section 32 Statements Now Require Checklists
Buying and selling houses and land now requires a due diligence checklist to accompany the usual section 32 vendor’s statement, under changes which came into
Melbourne Response review underway
Catholic survivors hoping for higher compo payouts Survivors of sexual abuse in Victoria are hoping for major reforms and higher compensation payouts following a review
What a $1.3m compo stress payment for teacher Doulis really means
When Victorian schoolteacher Peter Doulis was awarded nearly $1.3m in damages in September, the story attracted star billing in the media. You could almost hear
How Our Clients And Database Helped Secure A Conviction
The conviction this week of Ronald Buckley, the 93-year old who was found guilty of sexually abusing orphaned boys at the Hillside Boys’ Home, is
WorkCover Cuts Red Tape On Approvals Process
Injured workers may not have to wait as long for some types of medical procedures as a result of changes made by WorkCover to their
New WorkCover And TAC Medical Certificate Yet Another Burden
From 1 July, both WorkCover and the TAC have introduced new Capacity Assessment Forms that have replaced the old medical certificates which had to be
Bye bye bank cheque – hello electronic conveyancing
The frustration of having to pay and provide bank cheques when buying or selling property and waiting for them to clear for settlements is nearly
Is The Ellis Defence Now Dead, Or Alive And Well?
“My own view is that the Church in Australia should be able to be sued in cases of this kind.” – Cardinal Pell Cardinal Pell’s
WorkCover Win For Finger Amputee
James Mathieson, a 32-year-old tradesman from Wantirna South has been awarded $130,000 in damages by the Victorian County Court. The man suffered the injury to
Criminal Charges May Not Land You A Criminal Record
Most people appreciate that it’s important to try and avoid a criminal record, even though you’ve committed an offence. A criminal slip up can derail
Secret Recordings With Your Boss – A Good Or Bad Idea?
The incidence of secretly recorded conversations between workers and bosses is on the rise. Smart phones have made it technologically easier. An industrial relations culture
LinkedIn Killed My Job
The line is blurring between work and the personal. What you need to know about the social media minefield to protect your job. More and
Comcare Or TAC: Which Is Better For Road Accident Compensation?
Employees of the Commonwealth Government and some other large companies who are injured while at work and on the road, will almost certainly apply for
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