Can Dark Clothing be Associated with Motor Vehicle Accidents
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The NSW Court of Appeal recently reviewed a motor accident claim in which a pedestrian was awarded significant damages after being hit by a motor car; but whose damages were reduced for her own contributory negligence. The essential basis of that reduction, was that the pedestrian was wearing a black ‘hijab’ (a full length garment covering both body and head) and was crossing the road at dusk. Read the rest of this entry »
Can a Parent be Ordered to Immunise a Child?
By Vivien Carty
Vivien Carty is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship & Matrimonial Law team.
There is no compulsion for children to be immunised inAustralia, other than in circumstances where a Court orders immunisation. Sometimes parents are unable to agree on whether their child should be immunised. Where an Application is made under the Family Law Act for an Order in relation to immunisation of a child the Court, having regard to the best interests of the child in the particular case, may order that the child be immunised. Read the rest of this entry »
CLASS ACTIONS: Things to know
Published by Law Society of New South Wales
In the current economic climate it is not surprising that investor class actions are receiving increased attention.
There is some suspicion and confusion about class actions. Some people have an enduring belief that they must be taking on an unacceptable level of risk if they get involved. Equally, some may just have an aversion to continuing in a claim commenced without their express consent, despite the fact that it could benefit them financially to do so.
Removal of same sex discrimation federally
The Federal Attorney General has announced that legislation to remove same-sex discrimination from a wide range of Commonwealth laws will be introduced in the Winter Sittings of Parliament. This reform follows the report of HREOC, Same-Sex: Same Entitlements, which focused on financial and work-related legislation.
Areas where discrimination will be removed include:
- Tax
- Superannuation
- Social security
- Health
- Aged care
- Veterans’ entitlements
- Workers’ compensation
- Employment entitlements
- Other areas of Commonwealth administration
The Government has begun introducing legislation in the Winter Sittings of Parliament. In areas such as social security, tax and veterans’ affairs, the reforms are expected to be phased in – to allow time for couples to adjust their finances, and for administrative arrangements to be implemented.
All of the changes are expected to be implemented by mid-2009.
If you have any queries relating to Family or Relationships law please do not hesitate to contact any of our Family and Relationships Law Team at Mullane and Lindsay: Mark Sullivan, Vivien Carty, Kristy Davis and Ashleigh John. Kristy Davis is present at our Tea Gardens office on Wednesday afternoons by appointment. (Tel: 4928 7300).
PROFESSIONAL RISK Failure to warn
Professionals must be careful to fully inform clients to avoid accusations of negligence. A recent case considered a failure to warn a medical patient.
It was argued that a doctor was negligent by not adequately warning a woman that a sterilisation procedure might fail, exposing her to the risk of becoming pregnant again.
The doctor had described his personal failure rate using the procedure as one in 2,000, rather than referring to a professional publication which wrote of a risk of one in 500 women who had the operation becoming pregnant.