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Medical professionals have a duty of care to patients to ensure their safety and well being. A case of medical negligence happens when treatment falls below an acceptable standard. The negligence can be by omission i.e. failure to do something, or commission, i.e. doing something that caused injury or harm. If standards are not met, you may have a claim. How to prove medical negligence? Where the treatment you have received has fallen short of an acceptable standard, you may be entitled to compensation. To prove medical negligence has occurred, you must prove that the treatment received fell below the standard of care and skill that a reasonable professional would have provided in the same circumstances. It must also be shown that your injury would have been avoided if your care had been appropriate. Normally this is done by getting an opinion from another doctor in the form of a written report. Making a medical negligence claim If you think you have been hurt by inadequate medical advice or treatment, then talk to us about making a claim for medical negligence. You might think taking legal action is stressful and expensive but we can take care of things and help you on a No Win No Fee...

An article in today’s Advertiser has revealed a soon to be launched website that aims to streamline divorces and help divide property between separated couples, in a bid to reduce legal fees and assist parties to remain amicable. At Belperio Clark, we are committed to helping clients achieve outcomes in respect of both property and parenting matters in the quickest, easiest and most cost effective way. However, a ‘one size fits all’ approach is fraught with danger, and may lead to unsatisfactory outcomes for many. Each family’s situation in the midst of a separation is different, and needs to be handled with care and attention. The upcoming website appears to have been constructed around a database of past Court judgments and settlements, taking into account the separated parties’ assets and circumstances, and comparing them to other couples’ situations and the ways in which those have been dealt with in the Court. It is important to note that family law matters that reach a trial stage and achieve outcomes imposed upon them by a Judge account for approximately only 5% of all family law matters. These matters often include dysfunction, where parties find themselves simply unable to negotiate (with or without the assistance of...

With new land tax provisions coming into effect on 1 July 2020, many land owners have already received letters from RevenueSA ‘requesting’ that they visit the RevenueSA portal to upload and/or confirm required information. For many, this may be a demanding and complex task, as required information may include details of trust arrangements (including supporting documents), details of related companies and various nominations. These letters 'request' taxpayers to log in to the portal by various dates in June 2020, so as to give RevenueSA more time to process the information. However, this is not compulsory by law. Relevant legislation provides the following: Trustees must disclose the existence of trust relationships by 31 July 2020. Trustees under discretionary trusts must nominate a designated beneficiary by 30 June 2021 or the ability to nominate may be lost.Trustees have until 30 June 2021 to nominate the beneficiaries of a fixed trust, or the unitholders of a unit trust, for the 2020/2021 land tax year. Accordingly, there is no legal requirement to log on to the portal and attend to the above matters immediately. That said, it may be beneficial to do so as early as possible, so as to give yourself sufficient time to plan for the upcoming changes (and in particular, what nominations can and should be made). For more details, see RevenueSA’s updated website and recent...

disclaimer/use of this informationthis information is general in nature and does not constitute legal advice. you must not rely on it. legal advice based on your specific circumstances should be sought by you. On 7 April 2020, the National Cabinet announced a Mandatory Code of Conduct (Code) to apply to small and medium sized commercial tenancies impacted by the COVID-19 pandemic. The Code aims to alter the rights of affected landlords and tenants for commercial tenancies and is intended to have nationwide application. However, each State needs to introduce legislation or regulation to adopt, implement and enforce the Code. What is the Code? The Code applies from 7 April 2020. It will apply to commercial tenancies for as long as the Commonwealth’s JobKeeper program operates. The Code applies to: small or medium sized commercial enterprises (including retail, office and industrial tenancies) with an annual turnover of less than $50 million per year (measured at the franchisee level for franchises and at the group level for retail corporate groups). It is thought the intent is for the grouping to apply to all corporate tenants, not just retail groups; andthat are eligible for the Commonwealth’s JobKeeper program.   The key requirements The Code is based on good faith leasing principles and is designed to encourage...

Many people find themselves in a situation where there is a judgement debt against them without their knowledge. A judgement debt is an enforceable Court order, and can affect your credit rating. It might be the case that you did not receive the original claim in the post, and therefore were unaware of the proceedings, or it might be the case that you have a reasonable excuse for not having complied with the timeframes or procedures, and have an arguable case against the judgement debt. If you are aware of a judgement debt that has been made against you, it is very important to act urgently and seek legal advice. You may be able to apply to set aside a default judgement if you can prove the following: You have an arguable case on the merits; andYou have a reasonable excuse for not having complied with the rules with respect to filing a defence within the 21 day time limit. A reasonable excuse must be one which illustrates why you could not or did not file your defence on time. There may be many reasons for this, such as not receiving the claim, moving address, are on holiday, an error with respect to the address for service, the claim being posted to a company, agent, or accountant, or otherwise...

Adelaide Franchise Lawyers - Muffin Break backlash for unpaid work Buying a franchise can be a highly rewarding venture both personally and financially. However, as we have seen in a recent incident with Muffin Break, there are a number of important factors that must be considered before signing on the dotted line. In an interview with Muffin Break’s General Manager Natalie Brennan that was posted over the weekend on www.news.com.au, comments that she made regarding Millennials and unpaid work were released. These comments have gone viral, receiving significant backlash from the community. When you buy into a franchise, you are paying for the benefits that come with that brand. Unfortunately you are also exposed to any negative publicity or other risks that the brand incurs. It is important to consider that if you want to sell a profitable business, and there is negative publicity which you have not caused, you may still have issues. We recommend buyers to research the brand, talk to current franchisees, and seek professional advice. Existing franchisees who experience negative publicity should also seek advice as to strategies to mitigate that risk and the legal options available to you. For any advice or assistance in relation to franchising, speak to one...

Co-parenting – Nesting Arrangements Nesting is a concept emerging from cases where parents have concerns about the negative impact a separation has on their children and they wish to maximize their children's stability. Nesting refers to an arrangement whereby the children remain in the family home and the parents take turns living in the home with the children. In our society, it is more common for the children to shuttle back and forth between the parents in their new separate residences, but some families either in the short or long term prefer not to impose such an arrangement on their children. In most situations, parents adopt this approach as a temporary measure either during the early stages of their separation or in some cases to enable a child to complete their high school education without disruption. Benefits The children have continuity and their routine is not disrupted. There is an ease of reconciliation in the event that the parents are only trialling a separation, whilst ensuring that both parents can maximize their time with the children. The children have stability. The children can live in their familiar environment while they get used to the reality of the separation. The parents have an opportunity...

The Law Society of South Australia - BULLETIN ARTICLE OCTOBER 2018 Tips for Young Lawyers Practicing in Family Law By Erica Panagakos, Senior Associate, Belperio Clark  I remember my first family law file well. Whilst my other files sat neatly in their tidy manilla folders, the family law matter was spread across my office floor in a series of archive boxes. One of my first tasks was to inspect and copy subpoena material from the Department for Child Protection. I arrived at the Registry expecting to find a few documents and was somewhat stunned when the clerk asked me which box I wanted to look at first. I spent most of the next two weeks sifting through the boxes of material which contained all kinds of hideous and confronting information. Family law is often complicated and stressful. However, it is interesting and rewarding and there is never a dull moment. As a newly admitted lawyer, I was fortunate enough to have good support around me at my office but no one can manufacture years of experience. I have put together some basic tips which I don’t profess to be exhaustive but you might find them helpful if you are a young lawyer practising in...

[caption id="attachment_2953" align="alignleft" width="1024"] Lawyers “fuelling family conflict”[/caption] Written by Bev Clark Lawyers “fuelling family conflict” I am very pleased to read the article in The Australian Newspaper on 31 October 2018 with the above heading. It was pointed out that a family law Judge has hit out at “horribly aggressive lawyering” driven by profit that is driving up costs in divorce proceedings and fuelling conflict between parents. Whilst it was highlighted as occurring especially in Sydney, it is my view that this also occurs in other states, including Adelaide. Lawyers are traditionally trained to be gladiators for their clients and to fight for their clients desires. It has always been the view at Belperio Clark that a gladiator approach is unhelpful. We prefer to see ourselves as lawyers acting as wise guides for clients when they are going through the worst time in their lives. Our philosophy mirrors the concern that has been raised by Federal Circuit Court Judge Harman. To quote Judge Harman “their job (meaning the lawyers) is to be problem solvers, to help people find resolution of conflict, rather than to generate conflict, to fuel it, to create it where it didn’t previously exist”. In a book released by mediator Zoe Durand...

  COMMERCIAL LEASES When: Wednesday, 10 October 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/commercial-leases-tickets-49074267455) or Belperio Clark Lawyers Venue: Don Pyatt Hall, 175 The Parade, Norwood SA 5067 If you are running a small business, you will likely need to negotiate a commercial lease at some stage. Commercial leases are a significant cost and ongoing liability to small business. Landlords often have significant bargaining power when negotiating the lease. Understanding the basics and what to look for in a lease will assist small business owners in avoiding detrimental terms and managing risk when negotiating rent. Belperio Clark Lawyers presents this free information session outlining negotiating commercial leases, understanding the lease agreement, and what to do when you have a problem.   FRANCHISEE RIGHTS AND THE FRANCHISING CODE When: Wednesday, 14 November 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/franchisee-rights-the-franchising-code-tickets-49074410884) or Belperio Clark Lawyers Venue: Belperio Clark Lawyers, 94-98 Sturt Street Adelaide SA 5000 When buying into a franchise, it is important to have clear expectations on the franchisor and the relationship. Franchise contracts often place significant obligations on franchisees, but can be quite hard to navigate. The 2018 Senate Inquiry into franchising has highlighted many issues surrounding franchisor conduct and disputes in franchising. It is crucial for franchise owners to understand how franchising works and their options...

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