Johnston Withers

JOHNSTON WITHERS Newsletter Autumn 2008

THE VERDICT which will offend many current Welcome to the Autumn Edition of claimants. The bill is currently in the Johnston Withers newsletter. committee stage at the time this If you have any queries regarding document has gone to print. an article appearing in the newsletter, please do not hesitate to At the same time, a Parliamentary contact the nominated person. Select Committee will consider a broad range of issues regarding Injured Workers – Changes to WorkCover, the Scheme’s Follow By Hugh Rischbieth performance and its claims management procedures. The State Government commissioned a substantial review of the Workers On a national front, there are moves Compensation System. Once currently for harmonisation by completed, the review was not national laws on Occupational released for public comment. Health, Safety and Welfare. If successful, there will likely be In 2006 the WorkCover Corporation significant impetus to consider the recommended sweeping changes to introduction of a national Australia- the legislation upon which State wide Workers Compensation Scheme workers’ entitlements are currently across Australia of all workers’ based. benefits. Should a national scheme be introduced, the level of benefits A well documented blow-out in the is likely to be lower than existing unfunded liability for claims is a benefits under the current Workers significant factor driving the Rehabilitation & Compensation Act proposals for change. However, it is (SA). well arguable that ineffective claims management is a major factor Injured workers should therefore affecting WorkCover’s performance. seek advice on an ongoing basis regarding their claims so as not to The amending bill makes significant be disadvantaged by legislative changes such as cutting off changes. payments after 130 weeks and also has many retrospective aspects,

RAD:DML:M:\87078\P005.DOC Holding Court in the Flinders visited many beautiful locations Ranges By Graham within the Flinders Ranges. Harbord However, most importantly we had come to a better understanding of Johnston Withers have had a strong the deep connection that the reputation, over many years, of Adnyamathanha people have with acting for aboriginal people. the Ranges. Recently, in particular, in Native Title Claims. Should I have a Pre-nuptial An example is the Adnyamathanha Agreement? By Jason Bell Native Title claim which covers a large area in the north of South A Pre-nuptial Agreement is colloquial Australia, from the boundary of Lake term that refers to legally binding Torrens on the western side of the agreements between people living in claim, across the Flinders Ranges, domestic partnerships or married to near the border of New South couples about their financial Wales on the eastern side of the relationships. claim. The claim seeks the determination by the Court that the In South Australia, if you are about claim group hold traditional rights, to to enter into or are already living in the extent that they are not a domestic partnership, or if you are inconsistent with legal rights of other about to be married, or even are parties, in the claim area. married, it is possible to sign an agreement which sets out how As part of the proceedings for the property will be divided if the native title claim in the Federal relationship ends. Court, Johnston Withers recently arranged for “preservation evidence” to be undertaken by an Elder of the A Domestic Partnership Agreement Adnyamathanha people. or a Binding Financial Agreement is Evidence was arranged of Mr Ken particularly important in a wide range McKenzie, who is a respected of circumstances. Adnyamathanha Elder and in particular who has substantial To ensure the Pre-nuptial Agreement knowledge of the Adnyamathanha is valid both parties must make a Mura and songs of the Flinders full and frank disclosure of all Ranges. assets, liabilities, income and Evidence was first taken at Hawker resources and both parties must before we proceeded to various sites obtain independent legal advice in the Flinders Ranges. before signing the Agreement.

At the end of the 3 days we had covered hundreds of kilometres and

RAD:DML:M:\87078\P005.DOC Please contact Jason Bell if you have any queries in relation to Pre- Clare Corner nuptial Agreements. Johnston Withers is happy to announce the return of Katherine Criminal Corner By Tony Kerin Vincent to the Clare office after a stint in Ireland. Katherine, Shane, Wendy Three new pieces of legislation have and Karen now contribute to the Clare recently been before Parliament office taking instructions in all areas of dealing with: law in a vibrant and productive 1. Double Jeopardy; manner.

2. Serious Organised Crime Act; and Congratulations to Anna Pantelios 3. Public Order Offences. being now a Certified

Whilst the aim of these Acts may well Conveyancer and having be honourable and appropriate, a completed the Institute number of organisations are concerned Course. We congratulate that powers that are given may be Anna and wish her well in exercised inappropriately and be used her continuing career with in circumstances where it was not Johnston Withers. intended.

Suffice to say if you like motorbike The Statewide Legal Group continues riding or are a member of a motorbike to associate. Jenkins group you should seek legal advice!! Anderson has unfortunately left the group. We are hopeful of announcing a new partner from the West Coast in due course to replace Jenkins Anderson. We thank Jenkins Anderson for their contribution to the Group it made over a number of years. All members of the Statewide Legal Group are honoured to continue to serve rural South Australia.

Doors and Windows…. We welcome Sandra Sinclair to our Adelaide Office. Sandra has broad legal skills but will predominantly advise in commercial

RAD:DML:M:\87078\P005.DOC matters and personal injury Network worldwide as well as a member of Statewide Legal Group - also including matters. We also welcome Gavin Mason Westover Homburg (Murray Coombs who has taken on a role Bridge), Jenkins Anderson (Port Lincoln), as a solicitor in our Port Augusta O’Briens (Berri), Voumard Bell (Port Pirie) Office. Emma Wilkinson of our and Ryans Lawyers (Mount Gambier), which delivers legal services to regional Port Augusta Office is now working areas. from our Adelaide Office. We welcome Sandra Phillips as an PLEASE NOTE: You should not act only on the Assistant in our Family Law Team. basis of the material contained in this newsletter Sandra replaces Nicola Sims who because the articles are general and may be liable to misinterpretation in particular we thank for her contribution to circumstances. Also changes to legislation occur the firm quickly and we recommend our advice should be sought before deciding how to proceed in a legal matter. Johnston Withers has been providing legal The Lawyers at JOHNSTON WITHERS are always services to the South Australian happy to assist with any enquiries. For further information on the material contained in this community for over 60 years. We are a newsletter please contact Tony Kerin of our member of the MSI Legal Accounting Adelaide office on (08) 82311110

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