Are heart attacks/strokes covered under workers compensation? – Mark Grady

MKG-newOn 19 June 2012 section 9B of the Workers Compensation Act 1987 (section 9B) was introduced that provides that no compensation will be payable for people suffering from a stroke or a heart attack, unless the nature of employment gave rise to a significantly greater risk of the worker suffering the injury.

For heart attacks prior to 19 June 2012, the test was whether employment was a substantial contributing factor to the injury. Section 9B seeks to make the test more onerous on the worker.

In the normal course of events, the question to be answered is whether the work that the deceased was doing significantly heightened the risk of injury.… Read More

What happens after exchange of Property Contracts? – Suzanne Hindmarsh

SMHThis is a question commonly asked by both buyers and sellers. Exchange occurs when a seller and buyer enter into a legally binding contract with each other.  For a residential property, the following list explains some of the actions required after exchange.

For a buyer:

  • We prepare the transfer electronically. This allows the land to be transferred from the seller to the buyer after settlement.
  • We prepare Requisitions on Title. This is a set of questions about the land title the seller is required to answer for the buyer.
  • We order searches which may include some of the following: Council rates enquiry, State Rail Authority enquiry and Roads and Maritime Services enquiry.
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Another Accredited Specialist at Eversols – Terry Broomfield

TJBEveringham Solomons is delighted to announce that Director Mark Grady has become a Law Society sanctioned Accredited Specialist in Personal Injury Law.

To become an Accredited Specialist it is necessary to have practiced significantly in a recognised specialist area for an extensive period of time. In addition the Applicant’s knowledge of the specialist area is tested in a formal examination process as well as in extensive written work.   Further peer review is conducted to satisfy the Specialist Accreditation Board that the Applicant has the requisite knowledge to profess to be a specialist in that particular area.

Everingham Solomons Director Mark Grady is now the fifth Director to be accredited by the Law Society as an Accredited Specialist and the Second Personal injury Law Accredited Specialist.… Read More

Sir Adrian Solomons Memorial Law Bursary. Applications are now being accepted until 28 October 2018. – Clint Coles

CCEveringham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.

The Sir Adrian Solomons Memorial Law Bursary has long provided financial assistance for the successful applicant during their first year of university as well as an opportunity to gain valuable paid work experience in our offices periodically throughout the duration of their studies.

This year, for the first time Everingham Solomons will also be making a cash donation to the school of the successful applicant to assist in maintaining the excellent educational standards that our region can offer.

All Principals of local High Schools have been contacted and advised of the details.… Read More

Welcome Megan

MJMy name is Megan Jury and I recently joined the team at Everingham Solomons as a Solicitor.

I graduated from UNE in 2014 with a Bachelor of Criminology and graduated with a Juris Doctor from Macquarie University in 2017. I was admitted as a Solicitor in June 2018 after completing my Graduate Diploma of Legal Practice through the College of Law.

Originally from New Zealand, my husband was born and raised in Tamworth and has served in the Royal Australian Navy for many years. We have raised three outstanding daughters, one of whom is a casual secondary school teacher in Tamworth.… Read More

Protection of Confidential Information – Ken Sorrenson

KJSbwTechnology has fundamentally changed the way business information is stored and shared. For instance, smart phones have given the capacity to access computer systems and to retain and share information to a much greater extent than would have been possible in the past. Particularly after termination of employment, this has led to many claims by employers against former employees alleging misuse of confidential business information.

The first issue is always to determine whether particular information should be considered to be confidential or not. That involves consideration of a wide range of factors including –

  • The extent to which the information was generally known outside the business;
  • The value of the information to potential competitors;
  • The amount of money or effort expended in developing the information;
  • The ease or difficulty with which the information could be properly acquired or duplicated by others;
  • The measures taken to guard the secrecy of the information;
  • Whether it was clearly made known to the employee that the material was confidential; and
  • The extent to which the information can be readily identified.
Read More

Does a Marriage or Divorce Revoke a Will in NSW? – Terry Robinson

TLRbwQuite often during marriage, separation and/or divorce, estate planning is the last thing on your mind. There can however, be a number of serious repercussions for your wealth, when getting married or splitting up.

It is important to know that getting married revokes a person’s existing Will. Therefore if you die after getting married, you may die without the benefit of a Will and your assets may pass to beneficiaries who you would not otherwise have chosen.  This is particularly relevant in second and third marriages.

People should immediately update their Will as soon as possible after marriage or alternatively execute a Will prior to their marriage which is made in contemplation of their marriage to a certain person.… Read More

Do I need a Binding Death Nomination for my Superfund? – Alex Long

AJL B&W with bookcasesDespite common belief, your superannuation fund does not form part of your Estate and is therefore not subject to the terms of your Will. Most superannuation funds allow you to elect to make a binding death benefit nomination which binds the Trustee of your superfund to pay your death benefit to your nominated beneficiaries. If you do not have a binding nomination in place at the time of your death, the Trustee of your fund has the discretion to decide who is to benefit from your super. The Trustee is not bound to follow the directions of your Will, as superannuation is not an asset of the Estate.… Read More

The importance of having a marketing Contract for the Sale of Land – Jessica Wadwell

JRWIn order for residential property in NSW to be advertised for sale, a Contract for the Sale of Land is required to be prepared.  Whether you decide to sell your property through a real estate agent or privately, you are still required by law to have a Contract prepared.  It is therefore important that vendors understand their obligations, especially in situations where vendors have privately listed their property for sale via an online platform.

Briefly speaking, a Contract consists of terms and conditions together with mandatory prescribed documents.

There are numerous terms and conditions contained in the Contract which are standard form, however, can appear quite daunting. … Read More

Are your workers compensation payments correct? – Libby Campbell

Injured workers receiving weekly entitlements are exposed, throughout the life of their claim, to a potential work capacity decision made by the insurance company at any time. Work capacity decisions relate to whether you can work, the type of work you can do, and for how long. The scope of a work capacity decision is governed by section 43 of the Workers Compensation Act 1987.

Examples of typical disputes include:

  • You disagree with the insurer on your current ability to return to work;
  • You disagree with the insurer as to what is suitable employment for you during your recovery period;
  • You disagree with the monetary amount you are able to earn in suitable employment;
  • You disagree with the amount that has been assessed by the insurer for your preinjury average weekly earnings or current weekly earnings;
  • You disagree with the insurer that you are able to engage in employment without causing further substantial risk of injury based on your injury.
Read More