By Amy Scanu

Workplace injuries are not always straightforward, particularly where a third party may also be responsible. In some situations, an injury can give rise to overlapping rights under workers compensation, work injury damages, and public liability law, depending on how and where the incident occurred. 

Understanding how these areas interact is important in determining liability and ensuring an injured worker accesses all entitlements they may be eligible for.

When Can a Third Party Be Responsible?

Often work injuries occur in circumstances where a third party might also be liable.

Examples may include:

– A labour hire employee working at another company

– When a worker is employed by one company but works offsite as a contractor to another company, which is often the case in the construction industry or may be seen where a larger organisation contracts out some tasks such as cleaning or maintenance

– When a worker’s role requires them to perform duties in a public area or on private premises that are not owned or occupied by the employee. For example, a sales representative injured at a shopping centre or hotel lobby whilst travelling for work, or a disability support worker injured at the park whilst looking after a client

So, what happens to these employees when they are injured? Who is responsible?

Workers Compensation Entitlements

As a starting point, these injured workers will usually be entitled to make a workers compensation claim. In NSW, a work injury is compensable in circumstances where the injury “arose out of or during the course of their employment”, which is a very broad definition.

Under the Workers Compensation scheme, an injured worker can access benefits including weekly payments, medical expenses, and domestic assistance. They may also be entitled to lump sum compensation if they reach the required thresholds. Whilst these benefits sometimes have to be repaid in full or part if a third party is found liable, it gives the injured worker immediate access to benefits and support.

Work Injury Damages vs Public Liability Claims

If the injured worker is assessed with at least 15% whole person impairment, they can then bring a work injury damages claim against their employer. This threshold will be increasing for psychological injuries from 1 July 2026.

If a third party was responsible for the injury, the injured worker may also have rights to bring a public liability claim against that third party. Importantly, there is no impairment threshold required to pursue a public liability claim.

A key difference between a work injury damages claim against an employer and a public liability claim against a third party is the types of damages that can be recovered. Against an employer, the only head of damage available is economic loss. In contrast, against a third party, damages can include economic loss, non-economic loss, and past and future out-of-pocket expenses such as medical expenses, home modifications, domestic assistance, and attendant care. As a result, the potential damages are often more substantial.

How Is Liability Determined?

When considering liability, it is necessary to assess how the injury occurred, how the risk of harm could have been reduced or avoided, and where responsibility lies within the broader relationship between the employer, the third party, and, in some cases, the employee where contributory negligence is involved.

In some matters, liability will rest entirely with one party; however, more commonly, it is apportioned between multiple parties on a percentage basis. For example, an employer may be 30% liable and a third party 70% liable.

Damages will then follow in these same proportions. In this example, the employer would be responsible for 30% of economic loss only, while the third party would be responsible for 70% of the broader range of damages.

Why Legal Advice Is Important

As shown above, these matters can often be quite complex, particularly where multiple parties are involved. 

However, they can also result in a broader range of entitlements and potentially higher overall compensation than a claim against an employer alone. It is therefore important to seek legal advice if you believe a third party may also be responsible for your injury.

By Jeanette Woollacott

We all look forward to a holiday. Booking the flights, packing the bags, counting down the days… but what happens when things don’t go to plan?

Flight Delays and Cancellations

Let’s start with a very common problem: cancelled and delayed flights.

– Flights within and departing Australia are covered by consumer guarantees, meaning airlines must provide services within a reasonable time, regardless of their terms and conditions.

– If a delay or cancellation is within the airline’s control (e.g. mechanical problems or staffing issues), you’ll usually get a refund or rebooking.

– If it’s outside their control (e.g. adverse weather, air traffic control issues, or political unrest), airlines don’t have to refund or rebook.

– Compensation for delay is available but limited and only applies to significant delays for international travel after your journey has commenced and when the circumstances are within the airline’s control. Compensation is capped at around AUD13,000 for proven losses like replacement flights, accommodation, loss of wages and incidentals.

– If you are travelling within the EU or UK and on flights operated by EU carriers, you may be entitled to compensation for delay, cancellations or denied boarding when the circumstances are within the airline’s control. Compensation amounts vary depending on how far you are travelling and are capped at €600 ($1,000) plus a refund or rerouting. It’s not automatic though. Airlines won’t offer it, and you will have to ask.

Lost, Delayed or Damaged Baggage

You’ve arrived at your destination, but what happens if your luggage doesn’t arrive with you, or it turns up damaged? In these situations, you may be entitled to compensation; however, it is generally capped unless you have declared a higher value for your baggage and contents at check-in.

– For domestic flights within Australia, compensation is typically limited to $3,000 for checked baggage and $300 for carry-on items. For international travel, the cap is usually around $2,700 for all baggage combined.

– It’s also important to note that if the damage is caused by a defect in the bag itself, it may not be covered.

– Timing is critical. Airlines generally require damaged baggage to be reported within 7 days, and delayed baggage within 21 days. Missing these deadlines can result in losing your right to claim compensation.

So, what is the takeaway?

Airline compensation is limited.

That’s why travel insurance is so important.

If something goes wrong on your trip, come and speak to one of our experienced travel lawyers to understand exactly what you’re entitled to recover.

By Annie Nikolovski

When you think about seeing a lawyer for the first time, you might picture an intimidating legal heavyweight like Harvey Specter or a commanding figure like Atticus Finch. You may also be wondering what questions you’ll be asked, how much detail you’ll need to share, or what the process will involve.

We understand that contacting a lawyer for the first time can feel daunting, but at Nikolovski Lawyers, we believe it doesn’t have to be.

Here’s what you can expect when working with us.

Your First Contact

When you first call us about your enquiry, you’ll be greeted by our friendly receptionist and connected with one of the bright and passionate legal assistants in the relevant area of law.

During this initial conversation, our legal assistant will gather some basic information about you and your circumstances, including your contact details and a brief overview of your matter. This helps us understand how we can best assist you and ensures you’re matched with the right lawyer.

The legal assistant will then arrange an initial consultation with one of our lawyers. Consultations can be conducted over the phone, via video conference, or in person at our office.

At this stage, we’ll let you know if there is any cost associated with the initial consultation. Depending on your matter, we may ask you to provide relevant documents beforehand so we can make the most of our time together.

If you require a translator, please let our legal assistant know. We can arrange a translation service for your appointment at a fee. 

Arriving for Your Appointment

If you’re attending your consultation in person, you can either call our reception upon arrival or notify the building concierge, who will let us know you’re here. One of our legal assistants will then greet you in the lobby, escort you to our office, and offer you tea, coffee or water before your meeting.

If your appointment is being held by phone or video, your lawyer will contact you at the scheduled time.

During the Initial Consultation

Your consultation will be with one of our experienced and compassionate lawyers, who will take the time to understand your situation and answer any questions you may have.

The purpose of the initial consultation is to gather the information we need to provide meaningful legal advice. We know which questions to ask and will lead the conversation to ensure we gain a clear understanding of your circumstances. Most importantly, we endeavour to create a comfortable and supportive environment where you feel heard and understood.

Once we understand your situation, we can explain how the law applies to your individual circumstances and discuss the options available to you. We are committed to communicating clearly and practically, without unnecessary legal jargon.

We will also take the time to discuss costs associated with your matter moving forward.

Because we understand that legal issues can be stressful, emotional, and sometimes life-changing, you’re welcome to bring a support person to your appointment. In some circumstances, however, we may need to speak with you privately when taking instructions.

What Happens Next?

Ultimately, our initial consultation is an opportunity for us to get to know each other and build trust.

After the consultation, we begin to get the ball rolling. Depending on your circumstances, this may involve reviewing contracts, preparing legal documents, or communicating with other parties involved.

Whatever the path forward looks like, we’re with you all the way.

We’re Here to Help

At the end of the day, we’re everyday people who understand that legal issues can be overwhelming. Our role is to help lighten the load and provide clear guidance when you need it most.

We hope this gives you a better understanding of what to expect and helps you feel more confident about taking that first step.

by Natalie Cull

When going through a separation, there are a few questions we hear time and time again. From the family home to parenting arrangements, understanding your rights early can make a significant difference.

Here are four of the most common family law questions – and what you need to know.

If I Move Out of the House, Do I Give Up My Rights to It?

No – moving out of the family home does not mean you give up your interest in the property.

You may still be entitled to a share of the home or retain the home as part of your property settlement, regardless of who remains living there after separation.

That said, if you do move out, there are important things to consider:

– Who will pay the mortgage, rates, and utilities

– The cost of finding alternative accommodation

– How household items will be divided

– Arrangements for the children

Getting clarity on these early can help avoid disputes later on.

Should I Continue Making Mortgage Repayments?

If your name is on the mortgage, you are still legally responsible for repayments – even if you’ve moved out.

This can be challenging when you’re also covering the cost of rehousing, which is why timely communication is key.

We recommend:

– Discussing repayment arrangements with your former partner

– Reaching a temporary agreement until the property settlement is finalised

If repayments become unmanageable, you may be able to contact your lender for financial hardship assistance.

Importantly, missing repayments can impact your credit rating, so it’s best to address this early.

In some instances, if you or your former partner cannot meet repayments, the property may need to be sold. It is important to discuss this with a family lawyer first to ensure terms, such as sale price and method of sale are agreed.

Can We Make Our Own Agreement About the Children?

Yes – and in many cases, this is encouraged.

If you and your former partner can communicate effectively, reaching your own agreement can lead to more practical, child-focused outcomes.

However, it’s important that any agreement prioritises the best interests of the children.

Once agreed, it’s a good idea to document those arrangements with assistance from a family lawyer. This can be done through:

– A parenting plan, or

– Legally binding court orders

Do I Need a Lawyer?

While it’s possible to reach agreements on your own, a family lawyer plays an important role in protecting your interests and ensuring everything is properly documented.

A lawyer can:

– Explain your legal rights and obligations

– Help you achieve a just and equitable property settlement

– Ensure parenting arrangements are clear and workable

– Identify important details you may not have considered including holidays, travel, special occasions, and communication between parents.

Final Thoughts

Separation can feel overwhelming, but having the right information and the right support makes all the difference.

If you’re unsure about your rights or need guidance around property, parenting, or next steps, the team at Nikolovski Lawyers is here to help.

Get in touch today for clear, practical advice tailored to your situation.

by Jeanette Woollacott

E-bikes – you either love them or hate them. Regardless of where you stand, there’s no denying they’re becoming more and more common on our roads and footpaths across New South Wales.

But what many people don’t realise is this: not all e-bikes are legal. And if you’re involved in an accident, your legal rights can depend heavily on the type of e-bike you’re riding, and how you’re riding it.

What Makes an E-Bike Legal in NSW?

In New South Wales, there are strict rules around what qualifies as a legal e-bike.

To be compliant, an e-bike must:

– Be primarily powered by the rider (not the motor)

– Have motor assistance capped at 25 km/h

– Stay within a maximum power output of 500 watts

However, this is set to change.

From August 2026, NSW will reduce the maximum permitted power output for e-bikes to 250 watts, aligning the state with the rest of Australia. New laws will also empower Police and Transport Authorised Officers to seize and destroy throttle-only, high-powered e-bikes, and introduce a minimum age requirement for e-bike use. 

When an E-Bike Becomes a Motor Vehicle

If your e-bike exceeds these limits, relies mainly on motor power, or uses throttle control, the law may treat it as a:

– Moped

– Motorbike

– Motor vehicle

This means it must be:

– Registered

– Insured

– Operated by a licenced rider

Many high-powered e-bikes don’t meet Australian standards. If you’re riding one, it could be seized and crushed – and you could face significant penalties.

And importantly: all e-bike riders must wear a helmet.

Where Can You Ride?

E-bike rules also depend on your age and where you’re riding:

– Riders aged 16 and under can ride on footpaths

– Adults supervising a child can also ride on footpaths

– All other riders must use shared paths, bike lanes, roads

No matter where you ride, you must:

– Keep to the left

– Give way to pedestrians

Failing to follow these rules can result in fines and may also impact your legal position if you’re involved in an accident.

What Happens If You’re in an Accident?

The legal outcomes of an e-bike accident can be complex.

If you’re an e-bike rider hit by a car:

– The driver’s CTP (Compulsory Third Party) insurance may cover your injuries, even if you were wholly or mostly at fault

However:

– If you were breaking the law (e.g. not wearing a helmet or riding a non-compliant e-bike), your compensation could be reduced – or your claim denied altogether

If you’re a pedestrian hit by an e-bike:

– There is no CTP insurance available

– You’ll need to make a claim directly against the e-bike rider

What Insurance Might Cover You?

Depending on your situation, you may still have access to financial support through:

– Home and contents insurance

– Personal accident insurance

– Total and permanent disability (TPD) insurance within your superannuation policy

– Income protection policies (these benefits can also be within your superannuation policy)

Many people don’t realise these policies may apply, but they can make a significant difference after an accident.

Know Before You Ride

E-bikes offer convenience, efficiency, and fun – but they also come with legal responsibilities.

Before you ride, make sure your e-bike is compliant and that you understand the rules and keep abreast of the changes that are about to come into force. If you’re involved in an accident, getting the right legal advice early is crucial.

Strict time limits apply to some claims.

If you’re unsure about your rights or entitlements, speak to one of the experienced team at Nikolovski Lawyers.

Ride smart. Stay safe. And enjoy your e-bike – legally.

With the new financial year upon us, let our expert immigration lawyer Karthiha Kailasanathan walk you through the ten most significant migration changes outlined in this year’s budget.

Australia’s migration system is rapidly changing.

In December of 2023, the Australian Government introduced their new Migration Strategy, which aims to:

– Address skill needs and promote worker mobility from temporary status to permanent residence;

– Streamline visa processing by making systems and technology more accessible and easier to navigate;

– Strengthen the integrity of Australia’s international education sector and its ties to actual labour shortages;

– Improve economic outcomes from migration.

The Federal Budget for Financial Year 2024-25 seeks to achieve these goals by proposing several changes to our country’s migration framework.

Here are the ten most notable changes to migration in Austria outlined in this year’s budget:

1. Permanent Migration

Firstly, the budget makes significant changes to permanent migration in Australia. The budget sets a target for the 2024-25 permanent migration program at 185,000 places, with 70% (132,000 places) allocated to skilled migrants.

There are increased allocations for:

– Employer Nominated Visas (subclass 186)

– State Nominated Visas (subclass 491)

And decreased allocations for:

– Skilled Independent Visas (subclass 189)

– Global Talent Visas (subclass 858)

This shows a drive towards employer-driven and regional migration for the long-term, opening opportunities for business owners to secure a range of talent from a more stable labour force, as well as allowing migrants to benefit from Australia’s growing economy.

2. Temporary Employer-Sponsored Migration

The budget also includes major changes to temporary work visas. From 23 November 2024, the work experience requirement for the Temporary Skill Shortage visa (subclass 482) will decrease from 2 years to 1 year. This will improve access to skilled workers and skilled visas.

In conjunction with the more flexible requirements for transitional permanent residence, this should facilitate more longer-term labour for Australian businesses and more stable lives for migrant workers.

3. Student Visa Limitations

There are significant changes to Australian student visas too. Australia’s student and graduate visa programs will be subject to stricter limits on availability and several other changes.

You can learn more about changes to student and graduate visas here.

4. National Innovation Visa

The budget introduces a new National Innovation Visa, which will in effect replace the Global Talent (subclass 858) and Business Innovation and Investment (subclass 188/888) visas. This change is designed to more specifically target high-level talent in areas where national growth can benefit from improved innovation capabilities.

5. Work and Holiday Visa

Given the growing demand for Australian work and holiday visas from China, Vietnam, and India, the government will introduce a pre-application ballot process which allows for a more equitable random selection of applicants from these countries where numbers are significantly exceeding allocations.

6. Mobility Arrangement for Talented Early-Professionals Scheme (MATES)

There is a new Australian visa for Indian citizens too. From 1 November 2024, this new program will allow 3,000 Indian graduates and early career professionals to live and work in Australia for up to 2 years.

This acknowledges the high demand by Indian nationals for our skilled visas, and recognises their important contributions to the Australian economy.

7. Strengthening Safety and Integrity in the Migrant Economy

The budget not only proposes changes to the visa process, but commits significant funds to improving the experience for migrants in Australia as well.

For example, the government is investing $15 million into improving the treatment of migrant workers by educating migrants on their rights and protections at work. An additional $1.9 million will also fund a data-matching pilot program between the Department of Home Affairs and the Australian Tax Office to improve accountability on pay. And a further $100 million will be allocated to the Department of Home Affairs to improve general organisational function and efficiency.

8. Support Services for Migrants and Refugees

Likewise, the government has allocated $34.5 million toward improved support services for migrants and refugees. This includes a program to help humanitarian visa holders from Afghanistan to be settled in Australia.

9. Immigration Detention Centres

The government will fund improved security measures at the Yongah Hill Immigration Detention Centre. This follows serious concerns over the safety conditions and level of care provided for both detainees and staff.

10. Merits Review Changes

Last but not least, the Administrative Appeals Tribunal will be replaced with the new Administrative Review Tribunal. The government will invest over $1 billion in this 5-year transition with a view toward improving migration and visa backlogs and processes.

It’s important to note that these announcements only outline the government’s goals for the migration system, and will not take effect until regulations are officially in place.

Get in touch:

Embarking on your own migration journey? Worried about how these changes might affect you? One call can make all the difference.

Our expert migration lawyers will provide you with tailored legal advice to help you navigate our constantly changing immigration landscape.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au to arrange a consultation today.

From 1 July 2024, there will be a host of changes to Australia’s student and graduate visa categories. Our expert immigration lawyer Karthiha Kailasanathan is on hand to help us understand them.

An Australian Student Visa (subclass 500) allows individuals to enter or remain in Australia to study. An Australian Graduate Visa (subclass 485) allows recent graduates in Australia to transition from their Student Visa into full-time work.

Whilst these visas generally provide migrants with the life-changing opportunity to obtain a world-class education and work experience, they are also prone to exploitation. Recent trends show instances of fraud, non-genuine study commitments, visa-hopping, and a failure to address economic skill shortages.

These patterns have led the government to tighten the criteria for student and graduate visas with the aim of improving integrity and allowing clearer pathways for skilled migrants.

From 1 July 2024, the following changes to student and graduate visas will take effect:

1. You can no longer lodge a Student Visa (subclass 500) application if you are already in Australia on a:

– Temporary Graduate Visa (subclass 485)

– Visitor Visa (subclasses 600, 601, 602, 651, 771)

– Maritime Crew Visa (subclass 988)

– Diplomatic Visa (subclasses 995, 403, 426)

2. The Temporary Graduate Visa (subclass 485) stream will be renamed to the Post-Vocational Education Work stream

– The age cap will decrease to 35 (at the time of lodgement).¹

– The visa grant period will decrease to 18 months.¹

– Applicants must have completed an associate degree, diploma, or trade qualifications related to an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL).

3. The Post-Study Work (subclass 485) stream will be renamed the Post-Higher Education Work stream

– The age cap will decrease to 35 (at the time of lodgement).^1,2

– The visa grant period will decrease to 2 years for Bachelors/Masters graduates, and 3 years for Masters by Research and PhD graduates.^1,3

4. The Second Post-Study Work (subclass 485) stream will be renamed the Second Post-Higher Education Work stream

5. The Replacement (subclass 485) stream will cease

Get in touch:

Currently studying in Australia or one day hoping to? Worried about how these changes might affect you? One call can make all the difference.

Our expert migration lawyers will provide you with tailored legal advice to help you navigate through your migration journey.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au to arrange a consultation today.

^{1. Exceptions apply for Hong Kong and British National Overseas passport holders.}

^{2. Exceptions apply for certain Masters/PhD graduates.}

^{3. Exceptions apply for Indian nationals.}

Calling a law firm can be an intimidating experience – but it doesn’t have to be.

Here’s what to expect when you call Nikolovski Lawyers.

First and foremost, you will always be greeted by a friendly voice.

That voice will probably belong to our warm and wonderful receptionist, Penny. If not, one of our stellar legal assistants will take your call with the same hospitality.

Whether you’re a new client enquiring about our services or a long-time client checking-in, you and your matter will always be treated with the utmost confidentiality, compassion, and respect.

If you’re a new client calling for the first time:

Our aim for any new client is to learn a little bit about your matter, and arrange a time for you to see the right lawyer.

Our lawyers specialise in five main areas of law – compensation, employment, family, property, and immigration. If you know which type of matter belongs to you, let us know. If not, tell us what has happened and we’ll know the right person for you to speak to.

Be sure to let us know how you heard about us too!

From there, we will arrange an initial consultation with one of our lawyers – either in-person, by phone, or by video call. We’ll always let you know if there’s any cost associated with that appointment (for many matters your initial consultation is free). Your lawyer will take it away from there!

If, for some reason, we think you’ve come to the wrong place (ie. if your matter concerns an area of law outside of our specialties), we’ll do our best to get you headed in the right direction.

If you’re an existing client calling about your matter:

Here we just need three things: your name, your lawyer, and the reason for your call.

From there, you will be transferred through to your lawyer’s assistant. Every lawyer at Nikolovski Lawyers is supported by a brilliant clerk or legal assistant. They have an intimate working knowledge of your matter, and – more often that not – will have the answer that you’re looking for. Don’t underestimate them!

If they’re unable to assist you or if your issue is urgent, they can transfer you through to your lawyer, or arrange for them to return your call as soon as possible.

Our lawyer’s work tirelessly in support of their matters, so please don’t take it personally if they’re unable to take your call – they’re just busy. If they personally fielded every call, they’d have no time to work on the meat and bones of your matter!

Get in touch:

Now that you’re fully-prepared, feel free to give us a call on (02) 4227 6833!

One call can make all the difference.

Read all the media coverage surrounding one of our proudest public liability claims.

Led by our stellar Senior Associate Amy Scanu, Nikolovski Lawyers successfully defended this matter on three separate occasions:

In the NSW District Court, the NSW Supreme Court of Appeals, and in a Special Leave Application to the High Court of Australia.

You can read about this matter at the links below:

1. ‘Wollongong City Council ordered to pay over $600k in damages after man breaks arm on Mount Keira footpath’ – ABC Illawarra (30 September 2020)

2. ‘Wollongong council’s $600k payout to man who tripped and fell at Mount Keira’ – Illawarra Mercury (14 April 2021)

You can learn more about public liability claims here.

Get in touch:

Have you or a loved one been injured on public or private property? One call can make all the difference.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au.

Warning: Game of Thrones spoilers lie within…

Let us imagine Jon Snow was an employee of a company situated in NSW called The Night’s Watch Pty Ltd. In the course of his employment he is fatally wounded by several stab wounds, and death follows within a short period. What kind of compensation is Mr Snow entitled to?

1. Death Benefits

Under the NSW Workers Compensation Legislation, death benefits are payable to his dependents (or if he has no dependents, to his legal personal representative). These include a substantial lump sum and funeral expenses.

2. Weekly Payments to Dependent Children

Weekly payments are also payable to any dependent children of the worker. If Jon had taken on the role of parent for any of the Stark children after the death of Ned and Catelyn (their parents), they would be counted as his children for the purpose of the death benefits claim.

But what about Lump Sum Compensation for Permanent Impairment?

Where an injury results in a permanent impairment, lump sum compensation may be payable for that impairment. The right to bring such a claim is not extinguished by the death of a worker and may be brought by the legal personal representative.

In a recent case*, the NSW Court of Appeal was asked to consider whether an incident that resulted in catastrophic injuries causing near-immediate death, could also result in a permanent impairment claim?

The Court considered the purpose of compensation for permanent impairment, which is to compensate an injured worker for the loss of quality of life caused by the injury. It determined that there is no ‘permanent impairment’ when the worker’s injuries are fatal and the worker ‘survives for a very short period, measured in seconds or a few minutes’.

In our scenario, Jon’s death occurred within minutes and therefore no permanent impairment compensation would be payable.

This begs the question, just how long does a worker have to survive their injuries for a permanent impairment claim to arise?

Imagine if another employee, Sandor ‘The Hound’ Clegane, had died days after suffering fatal injuries at the hands of Ser Brienne. Should Sandor be eligible for a permanent impairment claim? What if he only survived a few hours? Or if he had survived a few weeks?

A Fantastical Complication

But the case of Jon Snow doesn’t end there! You may recall Jon Snow did not stay dead. He was resurrected by the Lord of Light. What effect do you think his resurrection would have on the claim for death benefits? What if he came back as a White Walker instead?

We might have to leave that for the maesters to decide…

*Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178.