Longton Legal in Sydney, Australia | Lawyer & law firm

Longton Legal

Locality: Sydney, Australia

Address: Level 4/370 Pitt Street 2000 Sydney, NSW, Australia

Website: http://www.longtonlegal.com.au

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24.01.2022 Family Law - Using Written Communications and Social Media Following a Breakup Modern communications and family law matters If you and your partner have separated, you might be tempted to send them a text message ‘venting’ about any number of things. It might be tempting to post things on social media. However, if you might end up going to court to litigate over time with your children, a property settlement, or both, you would be wise to resist those temptations. ... Texting and emailing with your former partner We recommend that you take a ‘less is more’ approach, in regards to written communications via text message or email with your former partner. Try to contain communications to only essential matters. You must be mindful that any communication you have with your former partner is likely to be shown to their lawyer, and could also end up in front of a Judge. Social media Not only could an image with an amusing caption shared on your Instagram story end up as evidence in your family law proceedings, depending on the circumstances, a tweet about your break up itself could land you on the receiving end of defamation proceedings. Be selective with who you share written communications with. Nearly all data is recoverable these days, even if you delete something, if the recipient did not, it will remain in existence. If it was posted on a social media platform, or messaging application, generally that organisation retains the ownership of your post or communication, and may be subject to being produced via subpoena. Defamation In 2015 a wife in Western Australia was ordered to pay $12,500 in damages to her husband, following a post the wife was said to have made on Facebook. If you have made a decision to leave a broken down relationship, it might seem empowering to write a post about it. However, depending on the circumstances, if there are adverse consequences for your former partner for example, if you are both residing in a small community, and the audience of your post includes a number of mutual contacts of your partner stop and think before you click post. Alternative method As quick and easy as it is to send or share something, it is just as easy for it to be taken out of context and potentially used against you in future. If you need to get something off your chest, there are telephone counselling services available 24/7 which can be beneficial to your overall wellbeing, where you can discuss underlying issues in a safe and healthy manner. For example, 1800 RESPECT, and Lifeline on 13 11 14. Contact Author: [email protected]

23.01.2022 Immigration Law - In What Circumstances can an Australian Citizen or Permanent resident leave Australia during the COVID-19 pandemic? Due to the current crisis, Australia has put up strict border measures in order to protect the health of the Australian community. Therefore, if you are an Australian citizen or a permanent resident, you cannot leave Australia during the COVID-19 restrictions unless you satisfy one of the following exemptions: your travel is part of the re...Continue reading

21.01.2022 Family Law - What can you do 20 years after separation if a property gets sold and you receive no proceeds of sale? Case study: Musa v Alzreaiawi [2021] husband alleged that a transfer of his interest in their former marital home was done fraudulently. Background...Continue reading

20.01.2022 Criminal Law - KNOW YOUR CIVILIAN RIGHTS REGARDING POLICE WARRANTS IF YOU ARE ACCUSED OF A CRIME IN NSW When a Police Officer searches a suspect, they may ask him or her to remove their outer clothing and shoes, to look into their belongings, while physically patting them down and use an electronic metal detection device. A Police officer must have extremely reasonable grounds to suspect that it is necessary, serious and urgent in order to conduct a full strip search, with ...Continue reading

20.01.2022 Personal Injury - Work Injury Damages Claim Have you been injured at work? You may be able to make a common law claim for work injury damages if your employer was negligent and it is an alternative to receiving workers compensation benefits.... Who is eligible? 1. If you have been injured at work as a result of your employer’s negligence. 2. You have received all the statutory lump sum entitlements for permanent impairment available to you. 3. You have a non-disputed assessment of at least 15 per cent whole person impairment or more as a result of the injury at work. If you receive a 15 per cent whole person impairment or greater, you can elect to sue for economic loss damages rather than stay on weekly workers compensation benefits, medical expenses and at times paid domestic assistance. If you decide to take common law action, you will be claiming past and future wage loss, loss of superannuation along with amounts already paid by the workers compensation insurer. If you receive a common law lump sum damages settlement you would no longer be entitled to receive workers compensation benefits. If you require further information please contact Longton Legal on 02 8355 9999. Contact Author: [email protected]

18.01.2022 Personal Injury - What to do if you are injured at work and want to claim workers compensation In NSW, If you are injured at work, a claim for workers compensation should be made within 6 month after the injury or accident happened. In the case of death, a claim should be made within 6 months after the date of death. However the failure to make a claim within 6 months is not a bar to the recovery of compensation. In some circumstance the time limit may be extended to 3 year...s. The injured worker should explain why such a delay is reasonable. The most common excuses can be ignorance, mistake or absence from the State. The time limit may be extended further in case of death or serious and permanent disablement. The time limit starts running after the time of injury/accident, or after the worker became aware of the injury. To make a claim for workers compensation the worker must notify the employer of the injury as soon as possible. The employer is obliged to notify its workers compensation insurer within 48 hours of it receiving notification. The worker can contact the insurer directly to report the injury. In NSW the workers compensation insurer is iCare which is owned by the state government. The claim may be managed by other insurance companies on behalf of iCare. If you work in the private sector and want to report the injury by yourself but you do not know the details of your employer’s workers compensation insurer you can contact iCare. You may still claim workers compensation even if your employer in not insured. We recommend you see a doctor and obtain a copy of the Certificate of Capacity. You will need this document after notice is made to the insurer. If you have any questions or inquiries about the above, please contact Longton Legal and our experienced team of Personal Injury solicitors will provide you with expert legal advice. Contact Author: [email protected] *This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

14.01.2022 Property Law - Types of ownership and their effect on death of co-owner A question that property owners purchasing property together would most certainly be asked prior to signing a contract of sale is: in what manner would you like to hold the property? That is to say, would you like to divide your ownership to the property, and if so, how? At law, this is often referred to as the type of ownership. Generally, there are two types of ownership: joint tenancy and tenancy in...Continue reading

12.01.2022 Immigration Law - Want to DIY your visa application? Read this first! Doing your own visa application has become trendier and generally more popular. Not only because thousands of dollars’ legal cost can be saved, but the wide circulation of DIY instructions on the internet is also another reason. The truth is that visas involving relatively simple criteria can be applied without the engagement of a legal representative, such as tourist visa or working holiday visas. Howeve...Continue reading

05.01.2022 Personal Injury - How to claim for a motor vehicle accident (MVA) in NSW? 1. Report the accident to Police To lodge a claim for a MVA, you must report the accident to police as soon as you can before 28 days have elapsed....Continue reading

01.01.2022 Family Law - What is property? The 4 Steps of Property Settlement in Court (1) When a relationship ends, it is common practice for former couples to divide their joint assets amongst themselves. When that happens, it is common to hear people use the term asset pool. So, what are in these asset pools and how many can a couple have. In most circumstances, there can only be one asset pool between a couple and it encompasses all of their properties (real or personal) and li...abilities because section 4 of the Family Law Act 1975 defines Property to mean in relation to the parties to a marriage (or de-facto relationship as the case may be) or either of them--means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion. Therefore, the widely held view that properties owned before marriage (or cohabitation) and after breakdown cannot form part of the asset pool is erroneous because that contradicts with the definition of Property in section 4. However, because of the wide powers given to the Court by section 79 and section 90SM of the Family Law Act 1975, the Court may in some limited circumstances divide the asset pool into a number of pools or exclude certain properties from the pool in order to achieve just and equitable division of property between a former couple. Some of these properties may be companies or trusts, although the courts have made orders dismantling trusts and forcing companies to undertake certain transactions in the past as well, inheritances or other windfalls (such as winning a lottery or personal injury compensation) and wastages to the assets by the unilateral decision of a party. Whilst this may sound complex, this is only the first step in the 4 steps that a court will adopt in deciding whether the proposed division of properties between parties is just and equitable. It is therefore important to consult an experienced lawyer when dividing your assets after the breakdown of a relationship. The writer has recently represented parties in a large property settlement proceeding and a number of smaller ones where the parties’ asset pool was divided up into two or more pools to achieve just and equitable settlement in favour of his client and is well positioned to advise and act in complex property settlement matters. If you have any questions or inquiries about the above, please contact Longton Legal and our experienced team of Family Law solicitors will provide you with expert legal advice. Contact Author: [email protected] *This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*