Changes to Transport Accident Compensation

By Nicholas O’Bryan

What is the Transport Accident Amendment Act 2016? The Transport Accident Act in broad terms regulates a person’s entitlement to compensation if injured in a transport accident which occurred in Victoria or in another state in certain prescribed circumstances. In 2013 the then Victorian Government e…

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Melbourne Law School Awards

By Paul Galbally

Galbally & O’Bryan are proud to sponsor “The Frank Galbally Memorial Prize for International Criminal Law” at the Melbourne Law School Awards Ceremony. The event was held at Melbourne University Law School. It was a pleasure to celebrate the achievements of so many inspiring…

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Mr. Peter Ward Wins Best Achievement Awards in Law at the inaugural Inspire Awards® 2016

By Catherine O’Bryan

Galbally and O’Bryan would like to congratulate Mr. Peter Ward on becoming the joint inaugural recipient of The Inspire Awards® 2016. The Chief Justice Marilyn Warren presented the Chief Justice’s Best Achievement Awards in Law to Mr. Peter Ward at the inaugural The Inspire Awards® 2016. The Inspi…

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Can a stranger occupy your property without your consent?

By Frank Di Iorio

As a Landlord you might think that only your Tenant or a person you consent to occupying your premises can do so. Not so according to the recent VCAT decision of Swan v. Uecker. In that case the Landlord leased her apartment to Barbara Uecker and Michael Greaves for a period of 12 months. After…

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Changes to Personal Injury Law

By Nicholas O’Bryan

In November 2015 the Victorian Parliament passed new law to make it easier for some personal injury claimants to get fairer compensation for injury caused by the negligence of another. This was done by making a number of amendments to the Wrongs Act (1958). The Act regulates in part the…

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What to do when you receive a police summons?

By Catherine O’Bryan

A Beginners Guide to the Dandenong Magistrates’ Court. The evening started well.…… You were going out for a drink. The evening was mild. It was a Friday night. You had arranged to meet friends for a couple of drinks and dinner then, later, maybe, a nightclub. You had worked hard all week and now it wa…

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Reclink Galbally Cup

By Nicholas O’Bryan

The 10th anniversary of the Galbally Cup Charity Football Game was this year played at Victoria Park on 13th September, 2015. The Galbally Cup is named in honour of Frank Galbally, a founding partner of Galbally and O’Bryan and involves a football match between Victorian Solicitors v Barristers to r…

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Am I at Risk of Going to Prison?

By Peter Ward

The question that has most often been asked of me in my 40 years as a solicitor is, “am I at risk of going to prison?’. Being charged with a criminal offence, subsequently appearing in court, and facing the prospect of imprisonment can be a highly stressful experience. What are the factors that con…

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Victorian Ombudsman Investigates Handling of WorkCover Claims

By Nicholas O’Bryan

A press release from the Victorian Ombudsman’s office dated 5th November 2015 announced that it would be investigating the conduct of Worksafe Agents following 370 complaints made to the Ombudsman in the 2014-2015 financial year. The Agents under investigation include Allianz, CGU, Gallagher B…

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What is my personal injury claim worth?

By Nicholas O’Bryan

Many years ago I recall a politician receiving a settlement for damages of $65,000 for a broken arm sustained when falling from a bike. At the time media reports contained little explanation as to the allegations of negligence against the Defendant or how the personal injury settlement was…

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Family Law Property Settlements - What You Need To Know

By Andrew O’Bryan

The breakdown of a relationship of a marriage is one of the most stressful and traumatic events in a person’s life. If you are looking to engage a lawyer to achieve a property settlement, what do you need to know? 1. What matters are relevant to how property is divided? Four matters are r…

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Mental Impairment: A relevant defence in criminal court cases

By Peter Ward

An accused’s mental state, either at the time of sentencing or at the time of the commission of the criminal offence, can be a significant sentencing factor. A causal relationship between the offending and the impairment is significant for a consideration of the impact on moral culpability and d…

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Crimes Family Violence

By Catherine O’Bryan

Crimes Family Violence is the legal term describing violence in the home between family members or former domestic partners. Regrettably, violence within the home is prevalent within our community. Many factors can contribute to family violence including:- -Financial pressure as a result of job…

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Contesting a Will “No Win No Fee” - What You Need To Know

By Andrew O’Bryan

Many lawyers act in Will Contest Cases in Victoria “No Win No Fee”. In a “No Win No Fee” cost agreement, a lawyer agrees with the client not to charge any fees for their services unless and until the client “wins” their case. The lawyer agrees to take the risk that the case might be “lost” – and if this happens, …

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Evictions under Commercial Leases

By Frank Di Iorio

It is rare that a Tenant observes all its obligations under a Lease as and when required by the Lease. Often a Landlord wants to evict the Tenant. A Landlord evicting a Tenant under a Lease must do so lawfully. Failure to do so means the Landlord and/or its agents may be liable for:- •Conversion •…

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Injury compensation for Medical Negligence, Public Liability and Other Claims

By Nicholas O’Bryan

In my experience members of the community not familiar with the Law, quite reasonably assume that the Law provides a right to sue and recover damages for injury caused by another’s negligence. Unfortunately, it is not so straight forward. Different laws for different situations In Victoria e…

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A new era - changes to contesting Wills and Estates in Victoria

By Andrew O’Bryan

A new Act in Victoria makes significant changes to those people who are eligible to contest Wills and Estates as well as to the factors that will now be considered by the court in determining the outcome of claims. The Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (“the new A…

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Student Accommodation: Residential or Retail Lease?

By Frank Di Iorio

The rights and obligations of a Landlord and Tenant depend upon what a property is used for. Owners of properties for lease usually consider their property is either residential or commercial. A recent ruling by the Victorian Civil and Administrative Tribunal (VCAT) has decided that premises used…

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What to look for when choosing a personal injury lawyer

By Nicholas O’Bryan

Choosing the right personal injury lawyer can be daunting, particularly if you have never had any dealings with the law. It may however be the most important decision you make. The right choice will give you the best chance of getting a good result and minimise your legal costs by avoiding…

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Raising funds to assist the disadvantaged

By Nicholas O’Bryan

Galbally & O’Bryan were delighted to again provide sponsorship to the Jesuit Mission Golf Day held in April this year at Greenacres Golf Club Kew. Jesuit Mission is a charity that assists communities in places such as India, East Timor and Cambodia and helps to provide families and m…

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Supreme Court of Victoria emphasises importance of rehabilitation in sentencing process

By Paul Galbally

In a recent judgment, the Supreme Court of Victoria has emphasised the continued importance of rehabilitation in the sentencing process. By examining the scope of Community Correction Orders, the Court has laid a pathway for the punitive effect of punishment to be satisfied through the use of…

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Why Victorians need to make or update their will in 2015

By Andrew O’Bryan

Recent changes to Victorian law make it more important for residents to be updating or making a Will. As of the 1st of January 2015, laws apply which require the Court to have regard to the reasons for the deceased making dispositions in their Will. Adding a note of explanation may avoid family…

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Managing unpaid fines in the Magistrates Court

By Catherine O’Bryan

Sometimes the pressures and frantic pace of everyday life can be overwhelming and unpaid debts can quickly build up, including but not limited to traffic fines. Traffic fines are initially incurred by way of infringement notices related to tollways, speeding infringements or parking fines. While…

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The importance of seeking criminal law advice prior to being interviewed by the police

By Peter Ward

It is vitally important for people to obtain legal advice prior to being interviewed by police. This is particularly important when people are being interviewed about indictable matters (serious matters). There are normally two varying circumstances leading up to police interview. In one instance…

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