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Posted by on in Latest News

We are excited to welcome Melissa Ryan and Jill Nash to the CMC Team!

Melissa will be working from our Camden, 24 Hill Street office as a Licensed Conveyancer, and Jill Nash will be working from our Narellan office as a Legal Secretary.

Melissa Ryan

    Jill Nash

 

Posted by on in Latest News

Most, if not all, people who have separated would describe the process as one that is incredibly challenging and stressful. It can be soul destroying, all consuming and expensive. Knowing what to do, and what not to do, can make all the difference and the sooner you know that the better. It can mean the difference between enduring a bitter long running battle that impacts the rest of your life and your child's life, or an amicable negotiated outcome that allows for respect and dignity in the years ahead.

While there are many things to consider when you separate, there are real benefits in seeking legal advice in the early stages of separation – or even better, BEFORE you separate. Consider getting advice about issues such as: Should I leave? What can I take? What is the best way to do it in a way that doesn't lead to an all-out war? How will I survive? Can I force the other person to leave? What arrangements should I make for the kids or the mortgage? Can I change the locks? Should I involve the Police? How should I talk with my ex? Should I negotiate with my ex? What is the best way to negotiate with my ex? What am I entitled to? Should I mention I have a new partner?

Many think that speaking to a lawyer is only needed if you are going to Court– but that is wrong. In our experience about 99% of family law matters are finalised by negotiation – not by a Judge. Our role is to help you make informed decisions and to help you get the best outcome – whatever that means for you. "Knowledge is power" and the more you know the better the decisions you can make.

The 'right time' to take action about a property settlement is obviously when the time feels best for each individual,
but there may be circumstances when action might be required urgently. An important factor to also be aware of is that property of the marriage/relationship (including: assets, liabilities, superannuation and financial resources), is not valued as at the date of separation but is valued as at the date of any settlement negotiations or of the Court hearing. If the relationship is over, delay in taking action can often lead to complications and negative consequences. Whether you action a settlement now or later is up to you – but getting advice causes no harm and creates no obligation. It can only help.

To receive some strategies and guidance with your family law matter, contact our Family Law Team today on (02) 4651 4800.


famlaw

A recent unfair dismissal case in the Fair Work Commission involved a warehouse supervisor who had made two workers' compensation claims and was working restricted hours with modified duties.

Whilst on annual leave in September 2016, he competed in a golf competition. 7 months later, his employer, discovered via a Google search that he had been involved in the golf competition. He was questioned about this and, after initially being unclear as to which day he played golf, admitted that he had played golf on the day. The employer regarded him playing golf as prejudicing his return to work program and terminated his employment. The employee made a claim for unfair dismissal and was successful.

The Fair Work Commission found in particular that the employer had no basis to make a medical determination as to the employee's ability to play golf and any impact that may have an upon his return to employment. The evidence in fact was that the employee's doctor had recommended that the employee undertake golf; the employee had greatly modified his golf game, and he had required assistance to carry his clubs around to avoid aggravating his injury. In the end it was agreed that his reinstatement was not appropriate and compensation was ordered.

It is vitally important for employers not to attempt to 'go behind' medical certificates and make their own findings. Any decision of the employer that may affect an employee's ongoing work must be based on reasonable grounds and not on the employer's own speculation.

Our firm has extensive experience in dealing with employment matters both for employers and employees and we would be happy to assist in these matters. Contact Geoff Lloyd at our Camden office today on (02) 4651 4800.


beware-of-playing-doctor

Have you noticed potholes on your land, cracks in various places in and around your house, doors beginning to jam, tilting or other signs of potential mine subsidence damage? If you live in Mine Subsidence Districts such as Picton, Thirlmere, Tahmoor, Bargo, Appin and Wilton you may be eligible to make a claim.

Our solicitors have helped many local residents pursue claims to fix or compensate for damage caused to their property by subsidence.

You will be surprised by how easy and cost effective the process is. If you have been dealing directly with such a claim, be sure to get legal advice before accepting any settlement offers or signing any agreements– because it is critical that the full extent of the damage and the full cost of repairs are clearly established before you end your rights. As proud members and supporters of the local community for over 65 years, we are pleased to help our residents rebuild.

Call us to find out how you could make a claim on 4651 4800.

Map of Picton district affected

Map of Appin district affected

Map of Bargo district affected

Map of Wilton district affected

Map of South Campbelltown district affected

 


minesubsidenceblogpost

Posted by on in Latest News

As most people have limited contact with our criminal justice system, it is often surprising for them to discover that, unlike in America, it is not the victim of a crime that 'presses' the charges in Australia but it is in fact the Police.

There are many instances where a person calls the Police to make a complaint about being the victim of a crime, only for the Police to investigate the matter and decide to charge them instead. There are also instances where the victim doesn't want charges laid but the Police choose to do so anyway. Sometimes a victim later decides that they don't want to proceed with any charges against the offender, and yet the Police continue with the Prosecution.

Ultimately it is a decision for Police to decide whether they are going to charge a person with an offence and how that Prosecution is going to proceed. Once they are involved it is out of your hands.

It is important that any person who is charged with an offence obtains legal advice before giving a statement to the Police and before going to Court.

Do you need assistance with an upcoming Court matter? Contact our Criminal Law Team today on (02) 4651 4800.

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