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Following a recent report which found that lengthy periods of disqualification do not deter people from driving the Government has reduced the disqualification periods for some driving offences and scrapped the Habitual Traffic Offender Scheme. A new process has also been developed to allow people currently serving a lengthy period of disqualification and who have not re-offended for at least 2 years to apply to have the remaining disqualification period removed.

In order to be eligible in general terms the following criteria apply:

  1. The scheme does not apply to the most serious offences, which normally involve the causing of death or grievous bodily harm by use of a motor vehicle, or to disqualifications by way of mandatory Interlock Order (these are orders which provide a person can only drive a vehicle when it is fitted with the Interlock device to detect alcohol consumption).
  2. For certain intermediate offences, including what are called "major" offences under the Road Transport Act, as well as street racing or burnouts, a person normally has to have a period of 4 years without any driving offences before they are eligible.
  3. For other driving offences, or where a person has been declared a habitual traffic offender, the driver must be offence free for a period of 2 years to qualify.

If you believe you might be an eligible person to have your disqualification period reduced, please contact Caldwell Martin Cox to see if we can help you get back on the road sooner.

Posted by on in Latest News

 

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Did you know that for the past few years an injured worker has usually been required to pay their own workers' compensation legal fees regardless of whether or not they are successful in a claim?

The Government has now introduced the Workers' Compensation Independent Review Office (WIRO) which can provide funding to approved Lawyers to undertake workers compensation action on behalf of injured workers. WIRO will pay an initial amount to investigate the matter and then, if it believes the claim has merit, it will pay ongoing legal fees for proceedings in the Workers Compensation Commission.

Geoff Lloyd of CMC is an approved Lawyer under the WIRO Scheme. If you require further information please do not hesitate to contact Geoff at our Camden office on 4651 4800.

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We were lucky to see a beautiful Spring day on Sunday, 17 September 2017, which had the CMC Team volunteering at the Step Up! For Down Syndrome charity walk in Picton Botanic Gardens. Our volunteers, together with participants of the charity walk, partook in various novelty events conducted by the event organisers and plenty of balloons, popcorn and other goodies were handed out on the day. There were many excellent prizes on offer in their fundraising raffles, and one of the members of the CMC Team, Leanne, won herself a painting by a local artist worth $2,000!

Caldwell Martin Cox is a proud supporter of the Right Start Foundation, which is a foundation whose core objective is to assist families and their children with Down Syndrome to “get the right start in life” through financial assistance and business partnerships - to receive all the therapies and support they need to reach their potential.

 

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It is not uncommon for people to separate during an engagement period before they get married. It then begs the question, who keeps the engagement ring? Does the recipient have to return it to the donor?

Whilst you cannot sue a former fiancé for Breach of Promise in Australia anymore, you may be able to hold onto the engagement ring. In appropriate circumstances, an engagement ring can be deemed a conditional gift, conditional upon the marriage actually taking place. If the donor of the ring is the party who cancels the engagement without legal justification, then the recipient of the ring can be entitled to keep the ring. However, if the recipient of the ring calls off the engagement without legal justification, then the donor may be entitled to ask for the return of the ring. The same can be said for other gifts.

Having said that, remember that if you are in a de facto relationship during your engagement period, then someone may bring a claim for property settlement via the Family Court and any ring may be dealt with in this settlement. Often, especially with more expensive rings, it becomes part of the asset pool available for distribution between the parties and is given an agreed value or a valuation is obtained.

Franchisors as well as employers may now be liable for significantly increased penalties for exploitation of vulnerable workers

The Federal Government passed legislation this week which has significantly increased penalties for breaches of the minimum wage entitlements under the Fair Work Act. As an example, financial penalties for serious contraventions are now as much as $630,000 for a corporation and $126,000 for an individual, while the maximum penalties for record keeping and pay slip breaches will be $63,000 for a corporation and $12,600 for an individual, for each contravention.

The Act also now makes certain franchisors and holding companies responsible for underpayments by their franchisees or subsidiaries if it can be shown that they either knew, or reasonably ought to have known, about the contraventions and failed to take reasonable steps to prevent them. Further, employers who do not meet record keeping or pay slip obligations will need to show a reasonable excuse to be able to disprove wage claims in Court.

These penalties will significantly change the way these matters are prosecuted, primarily by the Fair Work Ombudsman. It is vital that employers, and particularly franchisors, review their operation and procedures, to ensure that they do not become liable for these significantly enhanced penalties.

We have significant experience in advising on employment law. If you require any further information, please contact Geoff Lloyd at our Camden office on 02 4651 4800.

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ABN 65001889317

Liability limited by a scheme approved under Professional Standards Legislation

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