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Family Law

Estate Administration

Keep A Diary

Those investigations were necessary because workers noticed a smell, suffered headaches and developed a rash as a consequence of doing their job. By all accounts, these symptoms came on quickly.  No doubt the workers involved will remember that job site for quite some time to come.

Fortunately not everyone exposed to a hazardous substance will suffer an illness as a consequence of that exposure.  Hopefully there will be no adverse effects for the workers exposed on this site.

Those who do suffer symptoms as a consequence of exposure to a hazardous substance on any work site may experience minor symptoms, over a short or a longer period of time.  

Sometimes the symptoms are severe and tragically, in a minority of cases, the exposure to the hazardous substance may result in death.

It is widely known that exposure to asbestos dust without the protection of a respirator greatly increases the risk of suffering fatal lung diseases such as asbestosis and mesothelioma. The majority of workers exposed to asbestos dust who are now suffering from lung disease generally report not being aware that they had inhaled it or knew of its danger.

Other hazardous substances, such as silica or chemicals can also be found in the workplace.  Exposure to these substances can also cause illness.

Sometimes a person is quickly aware of ill effects from exposure as symptoms occur in a short period of time.  Sometimes it may be years before the illness caused by that exposure occurs.

Workers who suffer illness from exposure to hazardous substances are equally deserving of workers’ compensation as those who suffer a cut hand, broken leg or sore back.

If the illness does not arise until years later, obtaining compensation can be difficult if one cannot identify the site or name of the particular contractor responsible for that site. 

Victims of asbestos are often struck down some 20-30 years after exposure to asbestos dust.  Silicosis, a lung disease caused by inhalation of silica particles found in some sands, concretes and in quartz in the ground may not develop until after 10 years of exposure to the silica particles.

Exposure to some trace elements found in various chemicals may cause damage to internal organs but that damage may not eventuate until years later.

If a claim for compensation needs to be made in these circumstances a detailed work history will be required.  Identifying all places where someone has worked after that lapse of time is often difficult but is necessary in order to determine who is responsible and who that worker should sue to recover compensation.

If you suffer any symptoms of illness as a consequence of work, you should consult your doctor immediately. 

You should also keep a record of where you work, the name of the contractor on site, the name of your employer, and the date you were exposed.  If you are on site and later discover that workers were exposed to hazardous substances on that site, but you suffer no immediate ill-effects, then you should also keep a similar record.

Given that builders labourers work on many worksites over their working lifetime, it is recommended that a work diary be kept listing names of all the sites that you work on, the date you worked there and the name of the principal contractor of that site. Darryl Kerr will no doubt remember the Cullen Avenue site for quite some time because the symptoms came on quickly,  but will you remember in thirty years time the name of the site and the name of the building contractor responsible for the site you are presently working on today?  Hopefully a documented work history may never be required, but keeping such a record will assist workers and their family members to access Workers’ Compensation if illness does arise as a consequence of such an exposure.

Lastly, it is important to report all work accidents and to seek medical treatment for injury.  Hospitals generally retain records for approximately seven years, medical practitioners can retire, medical records can be lost or destroyed and the name of the doctor 15 to 20 years ago can be forgotten.  A work diary or record of places worked at particular points in time may be the difference between receiving, or not receiving, compensation for a condition which only becomes noticeable after the significant passage of time.

Separating?

Three useful tips that are important to know

Understandably, in the emotionally charged environment that surrounds the breakdown of a marriage or long standing de facto relationship, it often happens people do not think clearly about what they want to achieve in separating.  It is also the case people do not know how to best protect their position with regard to children and assets.  What follows are three basic, but important, tips that, if followed, can help lead to a timely and advantageous resolution of family and/or de facto law issues:

Think about your children.  Who do you want them to live with?  Where do you want them to live? How often do you want to see them?

The established law on the residence of children following separation is the decision of the Full Court of the Family Court of Australia is Cowling and Cowling [1998] FamCA 19.  In Cowling the Court held that, at an interim stage (the first set of orders usually made with regard to residence and contact), the best interests of the children are usually promoted by stability.  Where there is an established “status quo” stability often follows.  The result of this is, if the children are living with you following separation it is likely that the Court would be of the view that continuing those arrangements until the issue comes for trial (often over 12 months later) will be in the best interests of the child. 

The same applies to contact parents.  If, early on, you can make amicable arrangements for regular liberal contact you will have likely ensured a stable contact regime which, on the principle in Cowling, should be maintained.

It is optimal to reach an agreement with your former partner and have that agreement formalised in the Family Court as a consent order.  If however, an agreement cannot be reached, it is important to seek timely legal advice.

Think about where you will live.

Often, when a relationship has broken down one party is anxious to leave the former matrimonial/relationship home.  Leaving can be important where there is violence or the possibility for abuse (particularly if children are involved), however it is not always the case.  When one person leaves the other often stays and remains in the home until a property settlement is effected.

Whilst it is normally the case the person remaining in the home will pay the mortgage, it is also the case they do not have to go looking for alternate accommodation, which often involves renting another property or evicting tenants from a rental property (thereby losing income).

Further, and importantly if there are children, stability for the child/children can be further established by the resident parent remaining in the former

matrimonial/relationship home.

Does it need to be you who leaves?  Think about this.  Again, if you can reach an agreement with your former partner do so.  If not seek legal advice.  Your property represents too much time, effort and hard work from both of you to have it put at risk.

Seek legal advice!!!

I know I have said this three times now, but the bottom line is that it is important.  You wouldn’t use a builder to remove a wisdom tooth nor would you pay an accountant raise your home.  You wouldn’t perform your own surgery!  Seeking professional advice can often lead to a timely, fair and acceptable resolution of the issues which arise from separation.

Malcolm Pieterse

Family Lawyer

Quinlan Miller and Treston

Telephone: (07) 3223 6429

mpieterse@qmtlaw.com.au