Prenuptial Agreements

Are prenups important?

Prenups can be very important.  I think it depends on the nature of your relationship.  Certainly, it is important to know you can also have a prenup for a de-facto relationship.  I think it is very important to go into a relationship considering if you want to protect your assets or not.  If so, you can get a formal document to do that.  It is important to have that conversation of “what happens if we separate? What happens with the house, what happens with the bank account?”  It is a good thing to have that conversation up front, especially because it is easy for people to drift into a de-facto relationship.  It is less formal than a marriage.  People can suddenly discover that they are living de-facto than getting married.

I think it is particularly important if one party has significant assets they want to protect.  I think prenup agreements are especially good for second marriages.  They include planning your estate, they include ensuring what you bring into that marriage goes to the children from your first marriage.  Or if you have a substantial workers’ compensation or personal injuries payment, or a substantial inheritance, you want to protect for your future a prenuptial agreement can help with that too.

Will a prenup stand up in court?

If they’re done properly, they’re a very technical document, both parties need to have legal advice.  That someone needs to be someone who is an expert in family law, that advice needs to be quite detailed.  If it’s done properly, then they will stand up in court.

 

If you are interested in getting a prenuptial agreement or require more information, contact DBH Family Lawyers by free calling 1800 324 324 or send us a message.

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I have an accepted workers’ compensation claim in South Australia. What entitlements do I have?

Under the South Australian legislation, workers are divided into two categories.

Seriously injured workers

If you have a 30% Whole Person Impairment or more, you will be classed as a seriously injured worker under the Return to Work Act 2014.

This means you could be entitled to payment of the following:-

  1. Reasonable medical expenses for life;
  2. Income maintenance payments through until retirement age;
  3. A lump sum payment to compensate them for any permanent loss of function.

Non-seriously injured workers

A worker who has less than 30% Whole Person Impairment is defined as a non-seriously injured worker.  If this is you, you can expect to claim the following:-

  1. Weekly payments for time missed from work up to a maximum of two years;
  2. Reasonable medical expenses for up to 12 months after your income maintenance payment ceases (up to a maximum of three years);
  3. Possible lump sum payment for a permanent loss of function;
  4. Possible lump sum payment for non-economic loss.

In some cases, a non-seriously injured worker may be entitled to have the cost of surgery or other medical expenses paid for beyond the three year period referred to above. However, this is subject to certain criteria being met.

To qualify for either of the lump sum payments referred to above there are thresholds that you will need to meet.

If you are uncertain about your entitlements or you would like advice in relation to your workers’ compensation claim, contact Duncan Basheer Hannon on 1800 324 324 or send us a message, to arrange an obligation free appointment with one of our personal injury solicitors.

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I am employed in South Australia but I was injured interstate. Do I have any entitlements to compensation?

Many of us are required to work interstate or overseas during the course of our job.

If you are based or employed in South Australia, but get injured while working in another state, you are still entitled to claim through the South Australian Return to Work Act.

If you are employed in South Australia and sustain an injury while working you may be entitled to seek compensation through our State-based Return to Work Scheme.

If a claim is accepted, you would typically be entitled to the following forms of compensation:-

  1. Payment of reasonable medical expenses;
  2. Weekly payments for time missed from work.

In some circumstances, there may also be an entitlement to lump sums payments of compensation for economic loss and non-economic loss.

If you have been injured outside of South Australia and you are unsure if you are entitled to claim, or you have lodged a claim which has been rejected call Duncan Basheer Hannon to arrange an obligation free appointment with one of our personal injury specialists.

Call 1800 324 324, or send us a message to get in touch.

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Lucy Paveley hit-and-run

Following the aftermath of last Sunday’s fatal Parafield car crash that killed 40-year-old Mawson Lakes woman Lucy Paveley, five youths were arrested over the weekend.

The youths appeared in the Youth Court in Adelaide charged over events that led to the crash. They had initially been released after police dropped manslaughter charges.

The trio faced the court by video link on Wednesday and were remanded in juvenile custody to appear in September.  The charges relate to events before the crash.

Our Managing Partner Patrick Boylen, speaks to Triple M’s Roo and Ditts to help make sense of what happened in court.

 

Click the link below to listen to DBH Managing Partner, Patrick Boylen talking with Triple M’s Roo & Ditts about this case and let us know what you think.

 

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When do you need a Lawyer?

When is it time to call a lawyer?

This is always a hard one, not every legal matter needs a lawyer.  A common example is a speeding ticket.  You probably don’t need a lawyer for that.  Other situations involving legal disputes, or a challenge, or a legal deal may mean it is worth your while having lawyers involved.

A list of times when you might need a lawyer are;

  • When you’ve been injured
  • When you’ve been in an accident
  • When you need an estate plan
  • When you require a Will
  • A power of attorney
  • When someone has died
  • When you are asked to sign a contract
  • In the case of divorce
  • Separation (common family law matters)
  • Anything that involves handcuffs

So, a lawyer is necessary throughout life?

Yes, that’s right.

 

To find out more about how to decide whether it’s time for you to see a lawyer, please send us a message or free call us on 1800 324 324.

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Free CPD Networking Event for Doctors – The Return to Work Act

The Return to Work Act & Personal Injury Law

If you are a South Australian doctor and would like to find out how the Return to Work Act affects you and your patients, please join us at The Lion Hotel on Wednesday 20th September for a free complimentary seminar.

Key topics include:

  • Section 22 assessment process of impairment and the “once and for all assessment”;
  • Pre-approval of medical expenses pursuant to section 33(17) and update to the law as it currently stands;
  • Seriously injured workers:
  • Combination of injuries under section 22 and section 58 of the Return to Work Act and whether a patient/worker will meet the seriously injured threshold;
  • section 33(20), cut-off of medical expenses

Speakers

Richard Wharldall – Partner

Amy Nikolovski – Partner

Matthew Arentz – Partner

 

Date: Wednesday, 20th September 2017

Time: 5:30pm for a 6:00pm start

Venue: The Lion Hotel, 161 Melbourne Street, North Adelaide SA 5006, Vine Room

RSVP: Please RSVP to Megan Andriske at mandriske@dbh.com.au or 8216 3343

Finger food and drinks provided

 

To download a copy of the invitation, please click here.

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I have been injured in a motor vehicle accident in South Australia. Are there any time frames that I should be aware of?

If you have been injured in a motor vehicle accident in South Australia you may be entitled to compensation for your injuries and the effects of those.

However, time limits apply to lodging claim forms and finalising your claim through the compulsory third party system.

An injured person has six months from the date of the accident to file an Injury Claim form with the CTP regulator.

There are also time limits in relation to finalising any compulsory third party claim.  An individual who is a minor at the date of the accident has three years from the date that they turn 18 (i.e. their 21st birthday) to finalise their claim.  Anyone who is over the age of 18 years at the date of the accident only has three years from the date the accident occurred to finalise their claim. It is extremely important that these timeframes are complied with.

If you are uncertain as to your entitlements or what action you should be taking, contact one of our personal injury solicitors on 1800 324 324 or send us a message to arrange an obligation free appointment.

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