Administrative Appeals Tribunal Reviews

Jurisdiction The first thing to consider when appealing a decision made by an administrative body to the Administrative Appeals Tribunal (“AAT”) is whether the AAT has jurisdiction to review the decision. The AAT does not have the power to review any decision. The AAT can only review decisions where an Act, regulation or other legislative instrument states that the decision can be reviewed by the AAT. A recent decision by…

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Recovering your debts

  Before you sue Most people in business will encounter the frustrating experience of not being paid for a service rendered or goods supplied. It is almost inevitable it will happen one day, planning ahead can minimise your risk. Here are some steps you can take before seeing a lawyer: Make sure you are clear with whom you are contracting. If there is any doubt, ask for ID or carry…

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Extending Workers Compensation Payments: Section 217 Workers Compensation and Injury Management Act 1981.

Workers Compensation laws in Western Australia provide that workers who are injured at work are entitled to weekly payments, to compensate for lost wages, up to a limit of $224,921. This limit is referred to as the “prescribed sum”.  Changes are made to the prescribed sum each July. Under Section 217 of the Workers Compensation and Injury Management Act 1981 WorkCover may extend the workers weekly payments up to 75%…

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Testamentary Trusts Explained

General Overview A testamentary trust is simply a trust that is created by a taxpayer’s Will which does not come into effect until the taxpayer dies. A testamentary trust is like any other ordinary “inter vivos” trust, the only difference being that it is created under a Will rather than by a living person. The terms of a testamentary trust are set out in the Will. Whilst a testamentary trust…

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Vicarious Liability and Illegal Acts

What is Vicarious Liability? Vicarious liability is a legal doctrine by which one person is liable for the act of another person.  The most common example is an employer being liable for the act of an employee in the course of his or her employment. When will an employer be liable for the act of an employee? An employer will generally be liable for the acts of an employee which…

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General Damages & Thresholds

What are general damages? General damage is compensation for pain and suffering, diminished quality of life and loss of life expectancy. How are general damages calculated? There is no fixed method of calculation.  Each case is individually assessed by the Judge hearing the case. What is a threshold? A threshold is a no go zone in which the claimant receives nothing for general damages. Compensation is only paid something for…

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