Got a Family, Employment or Compensation Law Question?

How do I make a compensation claim for a workplace injury?

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To make a compensation claim for a workplace injury in South Australia, you need to report your injury to your employer as soon as possible. You can then lodge a claim with Return to Work SA (RTWSA). It's advisable to consult a work injury lawyer to ensure your claim is submitted correctly and that you receive the full entitlements you're entitled to.

What can I claim for after a motor vehicle accident?

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After a motor vehicle accident, you may be entitled to claim compensation for medical expenses, lost wages, rehabilitation costs, and pain and suffering. In South Australia, the claim is usually lodged through the Compulsory Third Party (CTP) insurance scheme. Legal advice can help ensure your claim is handled efficiently and you receive the full compensation you deserve.

How are assets divided in a divorce or de facto separation?

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In South Australia, assets are divided based on what is fair and equitable, rather than a strict 50/50 split. The Family Court considers factors such as financial and non-financial contributions, the length of the relationship, and the future needs of both parties when determining property settlements.

Am I eligible for spousal maintenance after separation?

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You may be eligible for spousal maintenance if you cannot adequately support yourself after separation and your former partner has the financial capacity to assist. The amount and duration of spousal maintenance are determined based on your income, assets, age, health, and the standard of living during the relationship.

How is child custody determined in family law disputes?

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Child custody (or parenting arrangements) is determined based on the best interests of the child. Factors such as the child's relationship with each parent, each parent's ability to provide care, and the child’s wishes (if they are old enough) are taken into account when determining custody arrangements.

What happens if I die without a will in South Australia?

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If you die without a will in South Australia, your estate is distributed according to intestacy laws. This means that the court will decide how your assets are divided, usually giving priority to your spouse, children, or next of kin. Creating a valid will ensures your wishes are carried out.

How long do I have to make a work injury or personal injury claim?

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In most cases, you have 6 months from the date of the work injury or personal injury to make a claim in South Australia. However, certain exceptions may apply, and it’s always advisable to seek legal advice as soon as possible to ensure your claim is filed within the required timeframe.

What is the process for contesting a will in South Australia?

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To contest a will in South Australia, you need to file a claim with the court, demonstrating that you were unfairly left out of the will or inadequately provided for. You generally have 6 months from the date probate is granted to contest the will. Legal advice is critical in navigating the process and ensuring your claim is valid.

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