Investing Damages Awards
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Sadly, cases sometimes come to Court involving injured children or people who are otherwise unable to manage their own legal affairs. The Court has to consider how damages awards to such litigants will be dealt with in the future. Most often, damages awards for legally disabled people are paid to the NSW Trustee & Guardian (previously the Public Trustee) to be managed on the injured person’s behalf. The NSW Trustee & Guardian has a range of fees and charges that apply for its services in managing damages awards.
In some circumstances, a Court is asked to appoint one or more individuals to manage the funds, rather than the NSW Trustee & Guardian. Typically that person is a relative. A common reason for such a request is that, the relative says, they can get a better ‘return’ on the money than the Trustee can. In a recent Supreme Court case the young plaintiff suffered brain injury due to meningococcal disease. The net damages were slightly under $0.5M. Evidence was put before the Court both of the costs, and likely rate of return that would result if the NSW Trustee & Guardian administered the funds; and the comparative result if the plaintiff’s mother and another person were appointed as trustees, instead.
Personal Liability for Misleading Facebook Posts
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
In the recent case of Seafolly Pty Limited v Madden [2012] FCA 1346, the Federal Court dealt with the issue of misleading and deceptive conduct within the context of social media website Facebook.
The action was brought under the former Trade Practices Act and its State counterparts which have now been superseded by the Australian Consumer Law. Although this is so, the decision is still highly persuasive in determining liability under the new consumer protection law.
In this case Ms Madden, the owner of White Sands Swimwear Australia, amongst other things, published several photographs and comments on her personal and business Facebook pages which compared the swimwear of Seafolly with that of her own swimwear brand. The comparison alleged copying of Madden’s designs by Seafolly.
Bank Accounts – Use them or lose them
By Michael McGrath
Michael McGrath is an Associate Director at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team.
The Treasury Legislation Amendment (Unclaimed Money & other Measures) Act 2012 amends the Banking Act 1959 to provide new arrangements for unclaimed monies held by authorised deposit taking institutions including banks, building societies credit unions and other financial institutions (ADI’s).
The Act amends s.69 of the Banking Act to reduce the period of inactivity (meaning deposits or withdrawals on an account) before funds held in accounts are treated as unclaimed monies, from 7 years to 3 years and is expected to move $760 million into the Commonwealth Governments general consolidated revenue fund in the 2012-2013 year.
The payment of fees or receipt of interest is importantly not considered to be a deposit or withdrawal to render the account active. Once an account reaches the three year period of inactivity, the funds must be transferred to ASIC.
Mullane & Lindsay’s Newest Accredited Specialist
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
The Law Society of NSW operates the Specialist Accreditation Scheme to help the general public identify solicitors who have demonstrated proficiency in a particular area of law. Before gaining accreditation a solicitor must have:
- practised full-time for at least five years
- worked in their area of speciality for at least three years, and
- passed rigorous assessments in communication, problem solving, client relations and the law.
In 1994 Mark Sullivan became an Accredited Specialist in Family Law and he heads our Family & Relationship Law team. We are delighted to announce that Ashleigh John has also passed the rigorous testing process and from 1 November 2013 she will become an Accredited Specialist in Family Law.
Are You Liable For The Actions Of Your Dog?
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The NSW Court of Appeal recently upheld an appeal, by a dog owner, who had been held liable for personal injury suffered by a motorcyclist who was injured in a collision with his dog.
The trial judge had found the owner was liable under Section 25 of the Companion Animals Act 1998 which provided, in general terms, that the owner of a dog is liable in damages where a person suffers bodily injury due to the dog “wounding or attacking” that person. Somewhat simplified, the trial judge held that under the Act, the owner was “strictly liable” (that is, the mere fact of injury was enough, without more, to establish liability for damages) because the actions of the dog had caused a “wound”.