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In this section you will find articles on topical issues and relevant changes in the legal world.
24 February 2012 Law Society Country Conference, Berri
Our lawyers attended the Law Society of South Australia Country Conference held at Berri in the Riverland. Updates were provided in relation to Personal Injury Claims, Complex Wills, Defamation on the Internet, CGT, GST and Small Business Concessions, Defacto Matters in the Family Court, Sale of Land Contracts, and Criminal Matters in the Magistrates Court.
1 November 2011 Welcome Back Amanda
We welcome back Amanda from maternity leave. Amanda will continue to provide administrative support to the Injury and Litigation teams.
21 October 2011 Law Society Country Conference, Wallaroo
Our lawyers attended the Law Society of South Australia Country Conference held at Wallaroo on the Yorke Peninsula. Updates were provided in relation to Family Property Settlements, Farm Succession Planning including the use of Trusts and Testamentary Trusts, Traffic Matters dealt with in the Magistrates Court, the Supreme Court Scale, Solicitor Conduct Rules, and the Personal Property Securities Act.
Monika Koper at the Country Conference, Wallaroo
18 October 2011 - Centenary Celebration
Lauren, Monika and Megan attended the centenary celebration of the passing of The Female Law Practitioners Act 1911 at Adelaide University.
14 October 2011 - Gawler Health Foundation Golf Day
This year we again sent two teams to support the Gawler Health Foundation fundraiser at the Gawler Golf Club, Sandy Creek in the Barossa Valley.
11 October 2011 - See us on You Tube
1 September 2011 - Legal Will Kits
Many people consider that a "Will Kit" is appropriate for their circumstances. However, it can often lead to substantial difficulties and expense to an estate. There are benefits to having a properly drawn Will by a lawyer:
1. Asset Protection
If you gift part of your estate to a person who becomes bankrupt (even after you die), then that person's trustee in bankruptcy is likely to gift up to the level required to discharge the bankruptcy. Similarly, a gift to a person who seperates from his or her spouse or domestic partner may be taken into consideration in their property settlement. A Will prepared by a lawyer maximises the chances of avoiding these and other unintended consequences.
2. Family Disputes
Family members who believe that they have not adequately been provided for in a Will are able to challenge the Will in court proceedings which can result in substantial delay and expense. The legal costs of all the parties involved in a challenge to the Will are generally paid out of the estate thereby reducing the amount of money distributed to beneficiaries.
3. Legal Fees
A poorly drawn Will or incorrectly executed Will can result in the Will being rejected by the Probate Registry causing significant delay and expense to the estate.
27 June 2011 Injury Law - Medical Panels
The Full Court of the Supreme Court of South Australia handed down its decision in the much anticipated Campbell and Yaghoubi case where the Full Bench of the Workers Compensation Tribunal had referred questions of law relating to the scope and application of the provisions in the Workers Rehabilitation and Compensation Act concerning Medical Panels. Workers should seek legal advice concerning the effect of the decision on them.
1 March 2011 Injury Law - Lump Sum Compensation for Work Injuries
Injured workers are entitled to lump sum compensation (section 43 compensation) if they meet a 5% whole person impairment threshold as assessed by a WorkCover accredited medical provider.
Workers should obtain prompt advice in relation to obtaining their own permanent impairment assessment report rather than relying on one obtained by WorkCover.
Workers who receive an offer for their section 43 entitlements should seek immediate legal advice to ensure that the report relied upon by WorkCover complies with the new law and that the lump sum figure has been correctly calculated. Strict time limits apply and a worker only has one month to dispute a determination made by WorkCover relating to their entitlements.
Most, if not all, legal fees involved in disputing these matters in the Workers Compensation Tribunal will not be paid by the worker but rather by WorkCover.
Workers who have not had their section 43 entitlements determined should contact us immediately for a first free interview to discuss this matter further and obtain a clearer picture of their entitlements. For further information telephone 8522 1822 or email legal@rudallandrudall.com.au.
25-27 February 2011 Law Society Country Conference, Kangaroo Island
Our lawyers attended the Law Society of South Australia Country Conference which was held this year at Kingscote, Kangaroo Island. Updates were provided in relation to the new Competition and Consumer Act (2010), Family Trusts, Spousal Maintenance Claims and Child Support Agreements, WorkCover Changes, Inheritance Claims, and the National Legal Profession Reform Project.
15 February 2011 Family Law - Parenting Orders
Prior to commencing an application in the Federal Magistrates Court for parenting orders, a parent must obtain a section 60I Certificate completed by a Family Dispute Resolution Practitioner. The section 60I Certificate informs the Court that the parties have tried to resolve their dispute with Family Dispute Resolution but have been unsuccessful. In these circumstances, the Court will intervene to resolve a dispute.
We can provide advice to you about Family Dispute Resolution when you attend our first free interview. For further information telephone 8522 1822 or email legal@rudallandrudall.com.au.
1 February 2011 Property Transactions - Retail & Commercial Leases
Changes have recently been made to the Retail & Commercial Leases Act which impact on the rights and obligations of Lessors and Lessees from 1 September 2010.
Any Lease entered into after 4 April 2011 that has a rental less than $400,000 per annum will be covered and protected by the Act.
The amended regulations has resulted in changes to the Lessors Disclosure Statement and the Assignors Disclosure Statement which must be in the new format from 1 December 2010. Contact us if you require assistance in relation to the preparation of Dislosure Statements which comply with the new regulations.
Further changes have been made to the Act which are beyond the scope of this update. It is vital that you obtain immediate advice if you are effected in any way by the Retail & Commerical Leases Act so that you familiarise yourself with the changes. For further information telephone 8522 1822 or email legal@rudallandrudall.com.au.
15 January 2011 Property Transactions - Land Tax
From 1 July 2010 important changes were made to reduce the land tax burden for some landowners by increasing the tax free threshold to $300,000 and with changes to the tax brackets. There are now additional partial exemptions for aged care facilities, uninhabitable buildings, motels and similiar businesses and deceased estates.
Land tax is one area where careful planning of the structure of your venture can have major long term benefits. Numerous taxation and legal considersations apply and proper legal and accounting advice should be obtained prior to planning or restructuring your affairs. For further information telephone 8522 1822 or email legal@rudallandrudall.com.au.
4 January 2011 Injury Law - WorkCover Review
In 2007 the South Australian Government commissioned an independent review of the WorkCover scheme resulting in comprehensive changes in 2008. On 4 January 2011 the Government announced that there would be a review of the new law commencing on 24 January 2011 with a report expected to be finalised within four months. The terms of reference for the review include an assessment of the impact on workers who have suffered compensable disabilities and have been effected by the operation of the new law.
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