Criminal Attorney Job Description
Criminal Attorney Florida
Family Lawyers Sydney
The Concept of Joint Land Ownership When Family Relationships Break Down
By Frank Egan - LAC Lawyers
Joint land owners hold land either as joint tenants or as tenants in common.
Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document. In a tenancy in common, the interests of the deceased spouse or partner do not part automatically and will have to be dealt with either through the deceased partner
Criminal
Criminal Defense Lawyers - Help Yourself by Helping Your Defense Attorney
By Raniel Quisenberry
Human legal systems all over the world are virtually affecting all aspects of their daily lives. Some of us might not realize it. Simple things like smoking a cigarette to big things like business transactions are being ruled by the law. Our world is not as simple as it was before; there are emerging technologies, bad relationships, and financial loss. This can make decent people do some mistakes and eventually need the help from criminal defense lawyers. However, an attorney cannot make it alone; she or he will require a good cooperation from the client in order to make the best possible defense for the trial.
Quality Time
A simple yet important way to cooperate with your defense lawyer is by making an appointment and talk about all aspects of your case. There are many situations in America that the clients did not spare their time to meet and have discussions with their lawyer, especially in the cases of juvenile and circuit. If your lawyer wants to have a meeting with you, make sure that you would be there and be ready to talk with him or her about the details, witnesses, or even documents that you might be aware of. All lawyers are busy people. If you cannot meet them in a certain planned meeting, call them and ask for reschedule. The last-minute before the trial or hearing is not a good time to discuss your case with your defense attorney.
Be Honest
Every time you are talking with your lawyer, keep in mind that he or she is not your friend, your parent, or even your priest. Do not exaggerate, change, or justify any fact. Tell honestly about the things that you can remember. Your lawyer or attorney is there to help you by giving the legal advices about your case, any defense available, and possible outcomes.
If you give your legal counsel honest information, he or she will be able to make a better defense. On the contrary, if you lie to your attorney, there is a high chance of you getting an unfavorable outcome because there is no trust between the attorney and the client.
The Proof Can Be Found Anywhere
In the court, there is actually no right or wrong. The only things that matter there are constitutional questions, best evidence, and witness credibility. When a certain trial only has two witnesses from the defendant and the victim, the winner is usually determined by whose witness is telling the best story or explains all facts consistently.
Thus, to make a defense, a lawyer will require the client to provide him or her with the details along with the possible witnesses, alibis, and supporting information. If you were outside the city when the crime happened, give proof. Evidences like restaurant receipts, toll slips, contracts, property titles, or statements from an associate might help you.
If you are accused of destroying someone else's property and you have physical limitations, do not be so proud of giving this information to your attorney. You are not living in the episodes of Law and Order, it is real life.
Listen to Your Lawyer
Lawyers are professional who have taken related education, probably also have a lot of experience. So if your lawyer is trying to explain anything to you, listen closely!
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Immigration Lawyers Melbourne
Conveyancing Solicitors
Conveyancing Solicitors - How To Choose
By John Tighe
Good Conveyancing Solicitors are vital for a successful property transaction, but with so many to choose from how do you make the right choice?
The answer is to look for one that meets these 3 criteria:
1. They offer a "No Completion No Fee" guarantee
2. They give "Fixed Fee" quotes
3. They will "match any quote"
Let's look at these in a bit more detail to see why they're so important:
1. "No Completion No Fee"
This means if your sale falls through you don't pay a penny.
Mistakes or laziness by solicitors are a key reason for sales to fall through so safeguarding yourself is important.
A firm offering a "No Completion No Fee" guarantee doesn't get paid if the sale falls through. And law firms like to get paid, so this is a great incentive for them to do a good job!
Most firms of solicitors will never make this offer so what does it say about a one that does? It says that they are confident that they will do a good job and that the transaction will be successful. In other words, even though they can't guarantee the transaction will complete, they don't expect there to be any problems as a result of their legal work.
2. "Fixed Fee" Quotes
The next thing to look for is a firm that offers "Fixed Fee" quotes. In other words, however long your transaction takes you know how much you'll have to pay.
Legal costs can skyrocket very quickly - it doesn't take many letters at 50 pounds a time to add up - so it's vital to cap your costs.
As a bonus it also incentivises your conveyancing solicitors to get everything right quickly and first time, since if they drag things out they are costing themselves money. Since speed can often be vital in getting your sale or purchase through successfully this is a real advantage.
Make sure as well that your quote includes "disbursements". This is the term solicitors use to describe expenses such as search fees. On a conveyancing transaction they can add up to almost as much as the legal fees. Most are known in advance so make sure they are included in your quote.
3. They will "match any quote"
This way you'll get the best price you can. No need to worry about finding a better deal elsewhere once you're committed.
A "match any quote" guarantee plus a "Fixed Fee" quote are the best way to get a great deal. You cap your liability, while taking advantage of the best possible price.
Now not all firms of solicitors will offer these things up front. It is often the larger firms that have the confidence to do so. However, this doesn't stop you asking.
And what if you can't get all three? Well the most important thing is to make sure that you cap your costs, therefore, you should insist on a "Fixed Fee" quote. Next on your list should be a "No Completion No Fee" guarantee and finally a "match any quote" offer.
Australian Law
Compensation Lawyers Melbourne
Repairing The Problems in The Worker's Compensation Will be of Assistance to Employees And Employers
Author: Timothy Rorson
The greatest workers' compensation payment allowed by law is given to a worker that loses a limb through an injury on the job site. The weekly rate in New York is 0 for a period of 312 weeks. However, if an injured worker's doctor is unable to cure lower back pain due to an accident, he's looking at legally receiving support payments each week for his lifetime.
This discrepancy exists because of the law created in 1914 to oversee workers compensation. This particular law established an incomplete schedule addressing many injuries that were considered disabling.
Issues like hearing loss and losing a limb were assigned specific benefit schedules. If you suffer from either a permanent or partial disbility that is not listed, then the benefits will be paid out for the person's lifespan. Back pain and mental stress are included in these disabilities.
Because of this oversight, just 13% of workers compensation claims receive 70% of the payments made. The workers comp premium in New York is 72% higher than the average nationally. Local schools, government, and businesses are all burdened by the excessive depletion of valuable tax dollars that results from this legal oversight.
Though on the opposite end of the spectrum , New York's benefit limit of 0 per week is one of the lowest in the area. New York government has begun to look at ways to equalize this difference between these two parts of the system. Numerous other states have made 5 per week the new maximum payment to a severely injured worker.
The state of Texas once had one of the most poorly arranged workers' comp systems in the entire country. They have implemented changes and now have the United States's third highest worker's compenstaion cost, but also the highest rate of injured employees.
To add insult to injury, Texas also once had the largest number of doctors who dropped out of the system. Wrokers comp laws were overhauled by the government to create upgraded physician networks and add a small increase in payouts for injured employees. Today, the workers compensation laws in Texas are considered to be one of the best in the United States.
But, back in New York, law makers are considering limiting benefit payments for permanent partial disabilities to only ten years. They are also discussing an increase up to 0 for the maximum weekly benefit payout. These modifications would make it easier to eliminate premier fees by as much as 15%.
Other proposals could soon be introduced to law makers to help increase the benefits of this system. For those working to find a solution to the worker's compensation issues, the best way to ensure success is to look for a middle-of-the-road solution that will provide something to everyone. It will also eliminate those endless payments to back pain sufferers.
New York need only look to California, a state which has already made such changes to its laws. In California, the petition drive was initiated in order to place the question onto the actual ballot. Because of the overwhelming support from the public, lawmakers were forced into taking action themselves.
Political leaders in New York need to get legislators to mark workers compensation law reform as an urgent matter and take action very quickly in order to repair this growing problem. It's also extremely vital that the local legislators step forward and make sure their leaders are aware of the importance this item is for businesses that are struggling and overloaded local governments.
Compensation Lawyers Sydney
Compensation Lawyers Nsw
Owner Builders And Home Warranty Insurance - Nsw
By Frank Egan - LAC Lawyers
We are often approached by people who have decided to build their own home as owner builders rather than retain a licensed builder. There is a common misconception that not only will the house be cheaper but owner builders do not bear the same responsibilities with respect to home warranty insurance as licensed builders. As advised in previous articles, licensed builders bear a mandatory obligation to take out home warranty insurance if the value of the contract exceeds ,000. This insurance protects against the death, disappearance or insolvency of the builder. It does not protect against defects. Where defects cover was previously available it allowed the nominated insurer to compensate the home owner for defects yet they were entitled to recover their losses from the builder/responsible party.
Owner/builders are not necessarily required to carry home warranty insurance during the course of building their own home or when they are living in it, but when they seek to sell the property they are required to obtain a certificate of home warranty insurance. There are a number of brokers and insurers that offer this cover. Where problems arise the buyer can rely upon this insurance for protection. Irrespective many owner builders believe that home warranty insurance is all-encompassing including defects which it is not. There are a number of owner builders including tradespersons who take the view that provided council has inspected the dwelling during the course of construction they don't bear any liability for defects but council does. This could not be further from the truth as Council has attended as an inspectorial authority to ensure that what is being built accords with what has been approved. It is not there to ensure that the building is without defects or to protect both the owner builder or any subsequent buyer from problems associated with the death, disappearance or insolvency of any person involved with the construction of the dwelling.
Owner builders often forget that where they substitute for a licensed builder they assume the role and responsibilities of the builder and need to ensure that they comply with their statutory obligations. Owner builders have obligations under the NSW Workers Compensation Act 1987 and the Occupational Health & Safety Act 2000. The Occupational Health & Safety Act 2000 extends to include any employees of theirs or anybody who visits the site at any time during the course of construction. Owner builders need insurance to protect both themselves and the site works which can be done by effecting:
1 home warranty insurance;
2 workers compensation insurance;
3 contract works insurance; and
4 public liability insurance.
Home Warranty and Workers Compensation Insurance are required by law. As for contract works and public liability insurance, they are optional and often bundled together and sold as a contractors all risks policy. Essentially the protection under any one of them is not duplicated by the others as they all fit together to provide cover.
It is important to recall that with home warranty insurance it is not issued on a general replacement value basis but is subject to either a limit of indemnity of 0,000 as from 1.3.07 (previously 0,000) or a limit specified and agreed to by the insured to cover the cost of construction. It should always be remembered that this limit may prove to be inadequate because building costs often escalate for any number of reasons including variations and therefore this is something which needs to be watched closely by the home owner. Sometimes builders deliberately understate the actual construction costs to obtain a cheaper premium. It is worth noting that although this area falls under the control of the Office of Fair Trading as home warranty insurance is a matter dealt with by the States, this does not automatically exclude the operation of the Trade Practises Act.
From 1 January 1999 any licensed contractor who contracts with an owner builder to undertake residential building work must provide home warranty insurance from an approved insurer. Currently insurance is required where the work to be performed by that tradesperson exceeds ,000. For the sake of completeness where an owner builder decides to sell his/her home within a period of six years of completing the work they will need to take out home warranty insurance where the value of the works performed exceeds ,000. Currently, under home warranty insurance an approved insurer is taken to have admitted a claim after 90 days if they have not obtained an extension of time either from the OFT or the tribunal. Three months or more is a long time to wait for an insurer to respond to any claim particularly given the history normally associated with these matters. Insurers in this area are trying to minimise their financial exposure and although there are a number of safeguards under the legislation these can be easily circumvented.
Legislative changes have also had an impact in regard to making sure that where a property is sold by an owner builder within the six-year period then the contract for sale must include a note that an owner builder permit was issued in relation to the work; that the work done under the permit required home warranty insurance; and attach a copy of the home warranty insurance certificate.
Whether you be home owner, builder or owner builder and encounter any problems associated with building and construction or home warranty insurance please do not hesitate to contact LAC Lawyers on 1300 799 888 to arrange an appointment. Remember, matters only get worse the longer you leave them and the more they cost to resolve. Further reforms are contemplated in this area.
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Computer Forensics
Computer Forensics - Recovering Deleted Emails For Infidelity Investigations
By Ed Opperman
One of the worst things you can experience in life is being cheated on in a relationship. It's a betrayal of trust, love, commitment and family. Computer forensics can uncover adultery. By examining a computer hard drive you can view deleted pics, emails, documents and even chats.
A computer forensics examination of the family computer can reveal a wealth of information regarding exactly what is going on in your relationship. People that cheat spend a lot of time and effort on cheating. They think about their lover. They write to them, exchange emails, pics. They research places to meet and go out. All of this data winds up on a hard drive.
Even an especially sneaky spouse can attempt to cover their tracks but with today's technology it's next to impossible to cover all your tracks. They may rely on cell phone communications to hide their infidelity but hand held digital forensics can recover deleted , pics , text messages and caller ID information. Even if they are using secret email accounts, hard drive scrubbers and proxy servers it's still possible for a trained investigator to uncover evidence of infidelity with a forensic hard drive examination.
It's also possible to locate secret email accounts, personal ads and secret Myspace pages with an Online infidelity examination. You don't even need the actual computer or hard drive. The investigator searched the deep web, hidden sections of the Internet to locate secret personal ad memberships and traces of infidelity associated with your spouses email address or name.
If you decide to hire an investigator to look into your spouses Internet life be sure to find one that is experienced in computer forensics and Internet infidelity investigations. You want to have a full investigation into every area of infidelity and while some computer experts are great at hard drive forensics they may not know about Internet investigations and vice versa. Before you hire an investigator do your research and see if the investigator is considered an expert in online infidelity investigations as well as computer or hand held digital forensics.
Very often the right kind of all encompassing investigation into a computer hard drive, cell phone data and Internet infidelity will uncover evidence not only of infidelity but also porn addiction. This kind of evidence can be used in court if the issue of child custody or visitation comes up. That's why it's so important to start out this kind of investigation with recognized expert.
Before hiring an investigator think ahead.Is the PI qualified to take the investigation to the next level if necessary? Can they do both physical examinations as well as online investigations? Check them out before you hire them. Do a Google search to make sure they are recognized as an expert in this type of investigation.
Beware of do it your self software products that promise miraculous results. These products can often overwrite and destroy the very information you are trying to recover in the first place.
Compensation Lawyers Blacktown
Compensation Lawyers In New York
New York Injury Lawyer Is Your Best Option To Seek Compensation
By Hadiya Robins
Injuries are one aspect of life that no one likes to encounter, but one cannot help it if suddenly they have to face an injury of any kind. Many a times, the injury that occurs to an individual may not be due to any fault of his or hers. In such a condition, a person is entitled for compensation from the other party. People, who feel that they have been a victim, can take the help of law to seek compensation of any kind. Injury lawyers are specialized lawyers, who help those people that are looking forward to claim compensation from the injury that they suffered.
If you are a resident of New York, you have the option of choosing a lawyer who is an expert in his field. Well, you are fighting a legal case to get compensation and you will surely like to hire the best in business. No one files a case with the intention of losing it, so you must make sure that you take all the measures which will ensure that you will win. Injury can be of any kind and an injury lawyer in New York can help you in getting compensation from injuries of any kind for which a person is liable to claim compensation.
The law has made fair provisions for a person to seek compensation from the injury that has hampered him from doing his daily works. Chances are there that you can also face similar condition sometime, so you must be prepared. Being prepared and prepared really well is the best means for you to deal with this condition. Injury is not something about the occurrence of which you can have a prior knowledge. So if you have finally decided to hire the services of a New York injury lawyer, make sure that you hire the services of the best lawyer operating in your area.
Law differs from state to state, so ensure that the lawyer you want to hire has the proper knowledge about the rules in New York. It is better to try out some lawyers and then decide who is best to do the work for you. Do not settle for the first injury lawyer that you come across to do the work you. The internet is a good source for you to find out information about an injury lawyer in New York. If possible check out the tack record of the lawyer and find out his success rate. Surely you will want to hire the services of a lawyer who has the highest achievement rate in this field.
There are several injuries for which a person can look for reimbursement. Some of the injuries are physical injury that may occur at your workplace, injuries that occur due to auto accidents, injuries that occur due to medical negligence and medical malpractice. Mostly, injury compensation is settled out of court. Sometimes it can happen that the guilty party is willing to pay out a higher sum of money to the aggrieved person, just to save himself from any kind of negative publicity.
So there are many things that can work positively for a person, if they hire the services of a good injury lawyer. Make sure that you talk with your lawyer regarding all the different aspects of the legal proceedings. You will surely not want to be in the dark about anything related to your looking for of compensation from any person.
Immigration Lawyers Sydney
Compensation Lawyers Brisbane
Helping You To Assess Your Best Resources During Personal Injury Compensation Cases
Author: Wendy Grant
Regardless what industry you are working in, it is common for the individual to meet with on the job injury. Whether or not you specialize in the physically demanding environment of construction or work in an office there is always the risk of being a victim of personal injury.
When this happens its common for an associate to seek the benefits of personal injury compensation to help them during their recovery. Recovery time varies based on the severity of the injury but even the shortest period of recovery time ought to be filed for personal injury compensation. Some companies will encourage your recovery with pay, just to utilize your vacation or personal time to compensate that cash, rather than filing any claims with the corporate offices or insurance companies.
Its important to recognize that personal injury in the eyes of the business environment is a hindrance on the company and it's bottom line. When they have an associate utilizing personal injury compensation, they are being required to pay that on top of finding somebody to do your job. Even when insurance manages the payments, they will still find reluctance in the likely increase in fees they may discover.
Many companies hire lawyers whose sole purpose is to fight the cases of personal injury compensation so as to avoid increases in insurance costs or being required to pay employees who are not able to work. With the system stacked against the victim of personal injury its vital to find a resource which can help you during your time of injury.
When you're a victim of injury seeking the resources of personal injury compensation to help your recovery, look for help from personal injury lawyers Brisbane. In any case of personal injury you will probably need to pursue a court case where your company of employment or insurance company would have a group of lawyers to bury you in legal paperwork and make huge efforts to stop your personal injury compensation claim.
With this in mind, why not look for your own form of legal support to assist your efforts by working with personal injury lawyers Brisbane. With their aid you'll discover a precious resource which can aid your filing, sorting through legal documentation and attempts to receive the compensation you need.
As a victim of personal injury there are several issues you may have to address concerning your future as a worker and the financial future of your family. Personal injury compensation does represent an ideal help to help you in your time of need as you recover and search for new employment opportunities or to return to your original job.
Compensation Lawyers Adelaide
The Ancient Meaning Of Baby Names
By Jon Caldwell
Serving dual interests is my interest this month. Here's a list I hope will appeal to both prospective parents and writers who are stumped for some good character names. The focus is on names used between the Norman Conquest and the year 1300 in England, names that have in some cases been out of circulation for many years, but might now safely be revived.
Finding appropriate period names can be a real challenge for a writer. While medieval England is not the most common story timeframe, medieval names certainly hold more surprises than a later period might offer. In trying to serve the dual interests of writer and parent, I've selected those names I think are most appealing to the modern ear. There are some names, like Nest, for a girl, or Godelot, for a boy, which probably just don't stand the test of time.
For a wider selection of medieval names, visit The Medieval Naming Guide, which has a vast selection of names and the dates in which they were used.
Masculine Names Adémar
Aimery (uncertain) Perhaps a form of Emery
Amaury (French form of a Germanic name) "powerful labor"
Anselm (Germanic) ans, "god", and selm, "protection, helmet"
Benedict (Latin) "blessed"
Berenger
Bertran (Germanic) "bright raven"
Clement (Latin) "gentle, merciful"
Etienne (French) French form of Stephen, "crown"
Everard (Germanic) "brave boar"
Frederick (Germanic) "peaceful ruler"
Geoffrey (Germanic) The first element, geof is of uncertain meaning, but the second, frey, comes from frid, meaning "peace"
Gervase (English) the English form of a Latinized form of a Germanic name meaning "spear"
Gregory (Latin) "watchful, alert"
Guillaume (French) French form of William, "resolute protector"
Guy (Norman) the Norman form of Germanic names beginning with the element witu or wit
Hélie (French) Maybe a form of Helios, the Greek word for "sun"?
Henry (Germanic) "home ruler"
Hugh (Germanic) "heart, mind, or spirit"
Jordain (English) Anglicized form of the French form of Jordan, "to flow down"
Joscelin (Norman) the Norman French variant of a Germanic name, Gautelen, which was derived from the name of a Germanic tribe, the Gauts
Odo (Germanic) a short form of any name beginning with od, "wealth, fortune"
Osgood (Germanic) "god is good"
Otto (German) late form of Odo, "wealth, fortune"
Peter (Greek) "stone"
Philippe (French) French form of the Greek Philippos, which means "lover of horses"
Ranulf (Old Norse) Scottish variant of the Old Norse Randulfr, "rim of a shield"
Robert (Germanic) "bright fame"
Rocelin (uncertain) possibly a male variant of Rosalyn, "soft horse"?
Roger (Germanic) "famous spear"
Roland (Germanic) "famous land"
Stephen (Greek) "crown"
Thibault (French) French form of the Germanic Theobald, "bold people"
Thomas (Greek) Greek form of the Aramaic name Te'oma, "twin"
Toly Turstin (Old Norse) "Thor stone"
Walter (Germanic) "ruler of an army"
Warin (Germanic) "enclosure"
William (Germanic) "resolute protector"
Wymon
Feminine Names
Adelaide (Germanic) "noble sort"
Ailith (uncertain) possibly an Anglicized form of Ailís, the Irish form of Alice, a short form of Adelaide
Alice (Old French) a short form of Adelaide, "noble sort"
Amaria (Latin?) Possibly from the Latin amarus, "bitter"
Avelina (Old French) pet form of Avila, the medieval Latinized form of Avis, a Germanic name of unknown meaning. During medieval times, the name became associated with the Latin word avis, meaning "bird".
Beatrix (Late Latin) from the Latin Latin Viatrix, meaning "traveler". The spelling was altered to include bea, part of the Latin element beatus, meaning "blessed"
Betta (uncertain) Possibly a pet form of Elizabeth, "God is my oath"
Brigit (Irish) "exhalted one"
Catin (uncertain) probably a contracted form of Catarina, a variant of Catherine, "pure"
Christiana (Latin) Feminine form of Christian, meaning obvious
Eleanor (French) from the Provençal name Alienor, possibly a form of Helen, meaning uncertain
Emeline (French) French form of the Latin Aemilius, "rival"
Florencia (Roman) from the masculine name Florentius, "flourishing, prosperous"
Gemma (Italian) "precious stone"
Giliana (uncertain) feminine form of the Latin Julian, "youth"
Helena (Latin) Latinate form of Helen, meaning uncertain
Héloïse (Old French) uncertain meaning; possibly derived from the Greek helios, meaning "sun"
Ilaria (Italian) Feminine form of Hilarius, "cheerful"
Isabelle (Spanish) English spelling of the Spanish variant of Elizabeth, "God is my oath"
Isemay Jolicia Joya (English) "joy"
Juliana (Latin) feminine form of Julian, "youth"
Lia (English) short form of names ending in lia
Luciana feminine form of Lucian, "light"
Margaret (Greek) "pearl"
Margery (English) medieval English form of Margaret, "pearl"
Matilda (Germanic) "strength in battle"
Melisende (Norman French) derived from the Germanic name Amalaswinth. "strength in work or labor". This was the name of Charlemagne's daughter.
Mirabell (Latin) "wonderful"
Osanna (French) a form of Hosanna, a Hebrew word meaning "deliver us"
Pavia (Scandanavian) "day"
Philippa (Greek) feminine form of Philip, "lover of horses"
Reyna (Spanish) a variant spelling of Reina, "queen"
Roana (Scottish?) possibly a variant on the Scottish isle of Rona
Rose (English) "rose"
Sabeline (Galican) pet form of Sabella, a Galican form of Isabel, "God is my oath"
Sibylle (Germanic) Germanic form of the Greek Sibylla, "prophetess"
Theda (Greek) pet form of Theodora, "gift of God"
Ysolt (French) an English spelling of the French Yseult, a form of Isolde, possibly a Welsh name meaning "beautiful". In the legend of Tristan, the hero is in love with a married woman bearing this name, and also married to a woman who bears the name.
Lawyers Melbourne
Extensions Of The Time For Lodging Applications For Review Of The Taxation Decisions At The Administrative Appeals Tribunal
By Michael Pickering - LAC Lawyers
Section 29 (2) of the Administrative Appeals Tribunal Act 1975 (Cth.) states that the general rule is that an application for review of a decision made by the Deputy Commissioner of Taxation must be made to the Administrative Appeals Tribunal ("AAT") within 60 days after the day upon which the person is notified of the reviewable decision.
The normal 28 day period is extended to 60 days by S.14ZZC of the Taxation Administration Act 1953.
Section 29 (7) of the Administrative Appeals Tribunal Act 1975 (Cth.) provides that the AAT, upon application in writing, may extend the time for the making of an application for a review of the taxation decision if the AAT is satisfied that it is reasonable in all the circumstances to do so.
Both the Federal Court of Australia and the Administrative Appeals Tribunal have considered when a taxpayer should have leave to extend time within which to commence an appeal against a decision by the Deputy Commissioner of Taxation.
In summary, these principles are as follows:
- Applications to extend time will generally not be granted unless either the Federal Court or the AAT is positively satisfied that it is proper to do so;
- It is a pre-condition to the exercise of the discretion to extend time in favour of the taxpayer that the application shows a reasonable explanation of the delay and that it is fair and equitable in the circumstances to extend time;
- A distinction will be made between the case of a taxpayer who has continued to make the ATO aware that he or she contests the finality of the decision and a case where the ATO was allowed to believe that the matter was finally concluded - if for example, nothing is heard from the taxpayer for a lengthy period;
- Any prejudice to the ATO including any prejudice in defending the proceedings occasioned by the delay is a material factor militating against the grant of an extension;
- The mere absence of prejudice is not enough to justify the grant of an extension. Public considerations often intrude. A delay which may result, if the application is successful, in the unsettling of other taxpayers or of established practices will prove fatal to the application for an extension of time;
The merits of the substantial application must be taken into account in considering whether an extension of time should be granted. In other words, if either the Federal Court or the AAT is reasonably satisfied that the taxpayer has little or no chance of success on the substantial application, it is more likely than not that the application to extend time within which to commence the appeal will be disallowed; and
- The errors or neglect of a taxpayer's advisors will not be visited on that taxpayer. In other words, if the reason why an application was not commenced within the 60 day appeal period was due to the neglect or default of the taxpayer's accountants, solicitors, barrister or other advisors, then the Federal Court and AAT are more likely to allow the application for extension of time.
For instance, in NT97/399-409 and Deputy Commissioner of Taxation AAT No. 12809 [1998] AATA 266 (9 April 1998), Senior Member Block found that a delay of over five years coupled with a taxpayer who did not appear to have ever taken his taxation obligations seriously, required the taxpayer to provide an adequate explanation for the delay. The ATO objected to the extension of time for commencing the appeal upon the basis that the officers involved in determining the taxpayer's assessments would be less available had the review been sought on time. Senior Member Block stressed that merit alone is not a sufficient ground to grant the extension. Consequently, the taxpayer's request to extend the time to appeal the ATO's decision was denied.
It is clear from these legal authorities that the primary thrust of any enquiry as to whether to grant or refuse an extension of time is that the AAT does what is just and equitable between the taxpayer and the ATO. Whilst allowing applicant taxpayers to have their cases heard is important, to do so may not always produce a result that is just and equitable between the parties.
These legal authorities differ from New South Wales and Victorian precedents relating to extensions of time within which to bring an action for, say, personal injuries or property damage for negligence or for breach of contract. Those authorities place emphasis on the merits of the substantial application and less weight on the reasons for delay or prejudice to potential defendants.
Accordingly, taxpayer applicants should be particularly careful to provide reasonable explanations when pursuing extensions of time to the AAT or Federal Court under Section 29 (7) of the Administrative Appeal Tribunal Act 1975 (Cth.).
Compensation Lawyers Ltd
Ex-Miners Have Second Chance at Compensation
By Nick Jervis
Vibration White Finger (VWF) is a condition caused by excessive exposure to hand and arm vibrations, often the result of using particular types of machinery such as angle grinders or power tools. Initially, VWF may only manifest itself as a tingling in the tips of the fingers. If the condition progresses, the fingers may become white and there can be significant loss of feeling, dexterity and sensation. Loss of manual dexterity can also manifest as painful episodes that last up to an hour and result in a weakening of the grip. In extreme cases, fingers may be lost. VWF is a cumulative condition that occurs over years of exposure to vibration.
A matter taken seriously by the HSE
In 2005, legislation was passed in the form of The Control of Vibration at Work Regulations. This was passed to govern and regulate the amount of time for which a worker can be exposed to vibration. The responsibility ultimately falls at the feet of the employer to ensure his workers are not over-exposed. In 1995, the government launched a scheme to compensate ex-miners who incurred, among other conditions, VWF as a result of using mining tools. A group of miners' solicitors and the Department of Trade and Industry drew up to legal agreements to allow miners' claims to be settled outside of the courtroom. Solicitors who rendered their services under the terms of the agreement were paid by the DTI, but only if the claims were found to be successful. This was to ensure that miners with comparable complaints were paid similar amounts in compensation.
However, Parliament has discovered that there have been some significant differences in payouts, according to which firms were used. In addition, the process for the medical assessment was a complicated and time-consuming one. The sufferer was subject to a number of tests and a report written up by a medical specialist. However, some classifications of VWF were not available at the time, which lead to problems within the compensation scheme.
In addition, a deadline for compensation claims was set: March 31st 2005. It was found that some miners were given either inadequate advice or no advice at all, and either received insufficient compensation or none at all. However, using compensation claims specialists, ex-miners may now be in a position to claim compensation for their losses. Many ex-miners have been left unable to complete even the simplest of household tasks, such as DIY, car washing, maintenance or washing the windows.
Taking a Second Look at the Figures
In North Wales, an investigation has revealed that families who were overcharged are missing out on an average repayment of £908. In Delyn alone, approximately 186 families have lost out on payments through bad advice or being overcharged by solicitors for services rendered. Those who feel they have not been fully compensated are being asked to come forward to establish just how much is owed.
By March 2005, approximately 170,000 VWF claims had been lodged and, once they had been processed, around £1.7billion had been paid out to miners and their families. Yet, according to the findings of the National Audit Office, there may be many more claims yet to be processed and claims that were not settled in the proper manner are still outstanding even today.
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