QUEENSLANDERS LIVING IN APARTMENTS COULD BE PREVENTED FROM SMOKING on their balconies after a “game-changing” decision to ban one unit owner from doing so after a complaint from an upstairs neighbour. The decision was made on the basis that second-hand smoke is a hazard. The peak voice for body corporates said the decision could make it easier to ban others

The ninth-floor owner claimed the eighth-floor neighbour spends about five minutes smoking and could do so about every 20 to 40 minutes, labelling the smoke “relentless and unbearable”, causing her to be concerned about her health. The Office of the Commissioner for Body Corporate and Community Management’s adjudicator ordered that the eighth-floor owner must no longer smoke tobacco products on the balcony.

Got legal questions? TALK to the PHOENIX LAW TEAM now. Friendly, legal experts – CALL 1800GETHELP See https://www.phoenix-law.com.au/  or email info@phoenix-law.com.au #phoenixlaw #propertylaw #balconysmoking #queenslandlaw

Furthermore, it was ruled she can only smoke elsewhere within her apartment if she takes reasonable steps to ensure the smoke does not affect any person in another apartment.

“I think if we look at this in a greater context, in terms of our society, we’ve seen these changes over the last decade or more where we’ve seen continued evolving of the restrictions on smokers — can’t smoke in airports, restaurants, workplaces — but it hasn’t reached, until now, into strata, “ said Kristi Kinast, president of the Strata Community Association of Queensland. Apartment dwellers can seek information on the process from the Office of the Commissioner for Body Corporate and Community Management, and people could seek mediation or adjudication on the issue.

Former commissioner of Queensland’s Body Corporate and Community Management, Chris Irons, said the decision meant effectively anybody who can show cigarette smoke drifting from one balcony to theirs could show it is a hazard. “This I would think potentially also applies to vaping as well,” he said.

Mr Irons said smoking has been a really “tense, difficult issue” in strata for years, with little that could be done about it. With thanks, ABC News.

Have you been injured in a car accident? You may be eligible to make a claim. What is a CTP claim?

A CTP (Compulsory Third Party) claim is an insurance claim for a lump sum to compensate you for injuries sustained in a car accident and the effects of those injuries, including but not limited to:
– Medical and rehabilitation costs to treat your injuries; and
– Lost income resulting from the injuries.

Can I make a CTP claim?

In Queensland, you can make a CTP claim if you:
1. Were injured in a car accident; and
2. The car accident was not your fault, or only partially your fault.
If you are a passenger in the at-fault car, you can still make a claim.
Who do I make a claim against?

CTP claims are made against the CTP insurer of the at-fault car. CTP insurance is compulsory with car registration. Every registered car has a CTP insurer.

In Queensland, we have a voluntary CTP insurance scheme in that you can nominate which insurer you would like your CTP policy with. As such, there are a number of different CTP insurers in Queensland that we deal with, such as Suncorp, RACQ, Allianz and QBE.

Why should I make a CTP claim?

Why should you be out of pocket for expenses and losses associated with an injury that was not your fault?

1. Making a CTP claim allows you to access funding for medical and treatment expenses from the CTP insurer. If your claim is accepted and your medical treatment approved by the insurer, they will usually fund most of your medical and treatment costs as verified by your doctor. These expenses include items such as:
– GP consults
– Physiotherapy
– Investigations such as X-Rays, CT scans, Ultrasounds, MRIs
– Psychological treatment
– Medications
– Travel associated with treatment. This can save you hundreds or even thousands of dollars in out-of-pocket expenses.

2. If your injuries are long-term, that is, they persist after 9-12 months, then a CTP claim can also serve to compensate you for possible future expenses and losses arising from those injuries.

Sometimes, an injury can be serious enough to affect your earning potential, which will result in future losses of income. This can happen due to reasons such as:
– You can no longer do your usual job and require retraining and reskilling
– Your injury prevents you from heavy lifting and manual handling
– You can only work part-time instead of full time
– You will need time off work to rest
– Your general productivity, efficiency and capacity has decreased

What can I claim for?

1. Pain and suffering from the injuries themselves (this will be a fixed amount depending on the severity of your injuries and the medical evidence)
2. Past and future medical and rehabilitation costs
3. Past economic loss
4. Future economic loss
5. Past and future care costs (if applicable).

Past economic loss is the income you have lost as a result of your injuries – eg. due to time off work.

Future economic loss typically makes up the largest portion of your lump-sum payment. It is an amount paid to compensate you for the risk of future lost income due to your injuries. How much will depend on the impact of your injuries on your ability to work.

The amount of compensation available to an individual in each of these areas is dependant on the evidence. The injured party needs to show through documentation and medical records their losses and how they have been affected. If you are ever involved in a car accident, it is a good idea to keep
copies of all documents and make notes from the time of the accident onwards.

Why should I use lawyers for my CTP claim?

The CTP process is complex and may take 12 – 18 months or more. As your representatives, we will guide and support you through this process so that it is as easy as possible and you can focus on your treatment and recovery.

Most importantly, we will gather evidence to prove your case and provide you with advice so that you can make informed decisions throughout the process and regarding any offers of settlement made to you.

How much the CTP insurer will pay you is determined by:
– Evidence of your injuries and impact on your work;
– Evidence of expenses and any other losses;
– Your personal circumstances and history;
– Previous Court decisions in matters with similarities;

The negotiation stage is where we really shine. We will prepare your evidence, your case, and advocate and negotiate on your behalf to achieve the best possible outcome for you.
Have any questions? Call our friendly team for a free of charge and a no-obligation initial consultation.
Phone 1800-GET-HELP (1800 438 435)

You’re not alone. Waves of pandemic sea-changers and ex-pats returning to Australia have a Queensland expert on-side and ready to help. 

Pandemic sea-changers or Ex-pats returning to QUEENSLAND? The pandemic has definitely accelerated sea-change and repatriation trends, but Phoenix law & Associates are well versed in helping newcomers with conveyancing law, commercial law, contracts, property and leasing,  as well as Immigration Law assistance.

Phoenix Law is your one-stop shop – we can ease the stress of your move, and provide friendly assistance at every turn.

As evidence of moves away from major cities continues to translate to the property market. A mass exodus from capital cities have pushed prices upwards, and there are fewer properties available for sale. Particularly on the Gold Coast and Sunshine Coast, it may be more affordable to buy than rent.

When you’re bidding for in-demand sunshine-state properties, you’ll need an expert on your side now, rather than later.  Have all your ducks in a row, well ahead of deadlines, with the Queensland Conveyancing specialists. Call or email us today 1800GETHELP  | info@phoenix-law.com.au/.

Sydney and Melbourne sea-changers are major players in the SEQ property market. With expats the next wave to come…

Rent is now more expensive on the Gold Coast than in Sydney, as a mass exodus from capital cities drives prices through the roof. Rent prices for houses outside of major cities skyrocketed in the first quarter of 2021, with higher average rents recorded in coastal cities like the Gold and Sunshine Coast than in Sydney and Canberra.

Data from the ABS shows the exodus from capital cities has sustained well into 2021, as rent increases become more widespread across regional and coastal hubs. “The rents now on the Sunshine Coast and Gold Coast are comparable to the expensive parts of the ACT and Sydney,” Domain senior research analyst Nicola Powell said of the report’s findings.

Domain senior research analyst Nicola Powell said the unprecedented rent swell is the result of the ongoing trend towards sea and tree changes by capital city-dwellers, sparked by the shift towards remote working post-pandemic.

The figures align with data that shows the pandemic has accelerated sea-change trends, as evidence of moves away from major cities continues to translate to the property market. ABS data from February showed Australia’s capital cities had a net loss of 11,200 people in the last quarter of 2020, coinciding with the end of Australia’s first lockdown and the largest quarterly loss on record.

Interstate migration & expats return

Melbourne and Sydney sea-changers were major players in the market, seeking a similar lifestyle outside of the city. “In a normal market, once we get over summer and into winter, it dies off massively … but we’ve been waiting for things to slow down, and they haven’t,” Kernot said. She said she thinks this will only accelerate if and when Australia’s borders reopen.

“And the next thing is when overseas borders open, and those expats come back – that will be the next wave.”

When you’re bidding for in-demand sunshine-state properties, you’ll need an expert on your side now, rather than later.  Phoenix Law knows Brisbane and SEQ.  Have all your ducks in a row, well ahead of deadlines. Call +61 (07) 3180 0908 or email us info@phoenix-law.com.au today, or see here for a free quote. https://conveyancinghome.com.au/instant-quotes/

Lunar New Year is on Friday 12 February this year and it’s the lucky Year of the Ox.

It’s called the Lunar New Year because it marks the first new moon of the lunisolar calendars which are regulated by the cycles of the moon and sun. The Lunar New Year (often called Chinese New Year) is celebrated by many East Asian countries.

The zodiac sign of the Ox occupies the second position in the Chinese Zodiac. Those born under the influence of the Ox are fortunate to be stable and persevering.

The typical Ox is a tolerant person with a strong character.

Oxen are the hard workers in the background, intelligent and reliable, but never demanding praise. Years of the Ox are: 1925, 1937, 1949, 1961, 1973, 1985, 1997, 2009, 2021. Were you born in the “Year of the Ox”?

Members of our team born in the year of the Ox are your best advocates, intelligent, reliable, guiding you in your legal and life decisions.   At Phoenix Law & Associates, we have a multilingual team to help you rise from the ashes.

Chinese Zodiac Calendar
While you may have heard of the 12-year Chinese zodiac calendar, represented by 12 different animals, it’s actually far more complicated. A year isn’t just categorized by its zodiac animal. There’s also a complex sexagenary cycle — a combination of one of 10 heavenly stems and one of 12 earthly branches.
For example, February 12 marks the beginning of the xin chou year, according to the sexagenary cycle. “Xin” represents the heavenly stem for the element metal, while “chou” is the earthly branch symbol for ox, making it the Year of the Metal Ox.
Thierry Chow, a Hong Kong-based feng shui master
“The year of xin chou will have a strong emphasis on the yin metal element,” she says. “The metal element represents anything sparkly from jewelry to the needle of a syringe. So we can see a bigger emphasis on industries related to metal in 2021.
“The ox, in Chinese culture, is a hardworking zodiac sign. It usually signifies movements so, hopefully, the world will be less static than last year and get moving again in the second half of the year.”
Many people take the 60-year calendar very seriously and believe each person’s own birth sign will be affected differently by the year’s heavenly stems and earthly branches. So the calendar plays an important role in making huge life decisions for the year ahead, such as whether they should get married or start a business.

Lunar New Year 2021 The Year of the Ox

February 12 marks the start of the Year of the Metal Ox.
Normally, Lunar New Year fairs will be set up during the last days of the lunar year, most selling trinkets and flowers for the new year. But because of the pandemic, many cities have downsized or cancelled their festivities.
The year usually wraps up with a big family reunion dinner on Lunar New Year’s Eve, which falls on February 11 this year.
The Menu
The menu is carefully chosen to include dishes associated with luck, including fish (the Chinese word for it sounds like the word for “surplus”), puddings (symbolizes advancement) and foods that look like gold ingots (like dumplings).
Do wear red, don’t wash your hair. or buy shoes.
Families tend to have different sets of rules and traditions, but most will bless each other with auspicious words like “san tai gin hong” or “shen ti jian kang” (wish you good health).
There are plenty of other rules and superstitions attached to the Lunar New Year. For instance, don’t wash or cut your hair on the first day of the new year. The Chinese character for hair is the first character in the word for prosper. Therefore washing or cutting it off is seen as washing your fortune away.
You’ll also want to avoid purchasing footwear for the entire lunar month, as the term for shoes (haai) sounds like losing and sighing in Cantonese. Do, however, wear red. It’s associated with luck and prosperity.
All year round,  Phoenix Law & Associates work hard to help you with your prosperity, business decisions and legal needs. 

 

Aussie Road Etiquette Guide

Your blinker is your best mate. Always let others know you’re changing lanes, snapping a park or turning into a driveway.

A smile and wave goes a long way. It’s nice to be nice, so give thanks to fellow drivers.

Don’t be a tailgater, hater. People like their personal space. So do cars.

Want to be seen? Dim your high beam. No one likes a blinding light heading their way.

You go, I go. When merging, let other cars in and they’ll return the favour.  It’s all in the karma.

Park as if you’re passing your Ps. Be careful, precise and give other cars their space.

It’s wrong to be right. Unless you’re overtaking, stay in the left lane.

Turn the other cheek, resist the beep. Take a breath before hitting that horn. It can stress out other drivers and we don’t want that.

No one likes a backseat driver. Not driving? No worries, sit back and relax.

Everyone’s on their own journey. Literally. Remember we’re all trying to get to where we’re going in the safest possible way. ( With thanks , ING Insurance)

Our Personal Injury Lawyers Are Here for You  When you have suffered losses due to the actions of someone else, it’s important to know what you’re entitled to in terms of compensation. If you’re not sure what to do in this frustrating time, the Brisbane personal injury lawyers at Phoenix Law are here to help.

Whether you were injured in a car accident, at work, or on private or public property, our knowledgeable and compassionate lawyers can help you understand and uphold your rights.

Get In touch anytime – info@phoenix-law.com.au 1800GETHELP
or +61 (07) 3180 0908 . #phoenixlaw #accidentinjury #roadetiquette #roadsafety

Our Pick of the Week comes from the beautiful Redcliffe Jetty. When you find a great fresh food and artisan market you want to visit again and again, especially on the water at Redcliffe on a Sunday morning. These markets are filled with farm-fresh produce, meats, trawler-direct seafood, aroma appetising baked goods, gourmet food and provisions, artisan goods, homewares and much more. The market organisers are extremely passionate about supporting and showcasing the best growers, makers, builders and bakers in the Moreton Bay and surrounds. Read More at (website link … )

Redcliffe Peninsula – have fun, save money !!

Redcliffe Farmers and Artisan Markets occurs every Sunday from 8.00am through to 2.00pm on the Redcliffe Jetty. Every time we find something totally different from the time before, and the regulars will be back with a restock. Although the markets are free, due to COVID-19, you must register through Eventbrite to attend. This way you and others will be safe. It is advisable to wear a mask, take hand sanitiser, a hat for sunny days, sunglasses, sunscreen and water.

While you are there, stay for lunch or morning tea at one of the local cafes or bring your bathers and towel for beach fun. A visit to the Redcliffe Markets is a perfect day out to enjoy these two special places in close proximity of each other. Do not worry about parking as there is plenty of spaces in front of the market and in the surrounding streets. Why not suggest a family or friends meet up for a fun day out. If you wish to know more about these markets, please telephone 0466 649 132 or email mail@redcliffemarkets.com.au Otherwise, meet up at Redcliffe Parade and enjoy your day.

For your HOME CONVEYANCING NEEDS in the REDCLIFFE PENSINULA, or anywhere in SEQ – see https://conveyancinghome.com.au/ or call us Phone: 07 3236 2852 or Email: info@conveyancinghome.com.au

At Phoenix Law, We Speak Your Language, and we understand your customs.  

“In Japan, the New Year is the biggest celebration of the year. We have a proverb in Japan, “the total for the year is on New Year’s Day”. In other words, we symbolise the first of January of each year as being your new year coming. So most Japanese people will visit their local temples and shrines to pay respects to their ancestors and gods and pray for the prosperous year.

Traditionally the New Year dish In Japan is called “Osechi”. Osechi are traditional foods which are the variety of Japanese traditional foods packed together in “Jubako” which is special box that resembles bento boxes. It is prepared before the New Year so that the kitchen would not be used to give “the Kitchen God” rest during the new year festive period.

All of the ingredients in Osechi are meant for good health, fortune and prosperity for a year. For example, “Black beans” are eaten to encourage work and academic achievement. Prawns have long hair with bended backs, so that it symbolises old people and you eat them to pray for longevity.

Salted Herring Roe is eaten to pray for the prosperity of descendants. Mashed sweet potato with chestnuts is believed to raise money luck and fortune, and  Sweet Omelet is eaten to improve your knowledge. ” Hideki Shimizu,  Legal Practice Director, Lawyer , Registered Migration Agent (MARN 9900985)

Japanese Lawyers plus thirteen other languages 

In today’s transnational world, finding advisors and Japanese lawyers that can communicate with you about your legal needs in the language you’re most comfortable speaking is a must. At Phoenix Law, we are proud to be a multilingual law firm that celebrates diversity. We strive to assist you with your domestic and international affairs in the language you prefer speaking. At Phoenix Law, we speak thirteen languages in addition to English.  CALL US anytime at 1800GETHELP –  or read more at https://www.phoenix-law.com.au/

 

The Baseball nuts at Phoenix Law & Associates support and sponsor The BRISBANE BANDITS for the 2020-21 ABL Season. The Brisbane Bandits are proud to announce Phoenix Law and Associates is a Platinum Partner with the Brisbane Bandits for the next 3 years.

The Brisbane Bandits are also delighted to announce the signing of NPB veteran pitcher Masaru Nakamura for the 2020/21 season. The tall right handed Nakamura has spent 10 years pitching with the Hokkaido Nippon Ham Fighters in the north of Japan, achieving a career ERA of 3.89 in the Nippon Professional Baseball League.

Born and raised in Saitama near Tokyo, Masaru travelled to Brisbane in March to study English and prepare himself for the upcoming season.
It is time for the Dragon to enter the arena in the fight to return the Claxton Shield to the North. Nakamura says “I’m excited to be playing for Brisbane, looking at the ABL from Japan there is no other place or team in Australia I could have hoped to play for. I am ready to fight to be bring more honour to the North.”

Follow them at https://www.facebook.com/brisbanebandits/#lawyersplaybaseballtoo #TeamPhoenix #lovebaseball

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隨著眾多企業和公司正努力思量後COVID-19的市場環境,在未來的不確定時期內,人們可能將重點放在提高效率和節省成本上。

如果您從事辦公室或其他非勞力工作,那麼這一切都很好,但是從事工廠配送,建築,採礦以及其他製造業工人(例如:製造和肉類加工)工作健康安全將會是首當其衝。

當工廠生產線總體增加10%,即便工時沒有同樣增加,在紙上或老闆的計算機上的數字雖看似不多,但這已經很可能會給職場勞動工人造成過度體力使用和重複性的勞損。

近期發表在《決策科學研究所雜誌》上的一篇文章中,由澳大利亞國立大學學者狄范博士合著,他發現負債增加20%的公司和導致違反健康和安全法規的次数大致成正比例。范博士說:“我們發現,獲得貸款的公司沒有將這筆資金投入到人力資本中,而是將其用於提高生產力,這使運營工人在此過程中處於風險之中。”

所有在勞動密集和生產工序的工作環境中,工作的工人應向其主管和經理提出違反工作安全,不可持續性的體力要求問題,並保留投訴和結果記錄。如果出現受傷或疼痛發作,他們應諮詢專業醫療人員,並儘早尋求法律協助。

傷害與事故律師專門從事工傷索賠,職場傷害出於持續性的高速度,高要求環境中導致,在“over a period of time”索賠中,我們有相當多成功的案例。

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Com as empresas e corporações comtemplando a situação de mercado pós COVID-19, é provável haver um foco em maior eficiência e corte de gastos por tempo indeterminado.

 

Está bem e seguro quem trabalha em escritório ou em outro caso, em função que não envolva contato físico. Mas em distribuição de armazém, construção e mineração assim como outras indústrias tal como fábricas e frigoríficos espera-se haver cortes nos gastos em saúde e segurança.

 

Pode-se não parecer muito no papel ou no computador do chefe, mas um aumento de produção de 10% em geral, sem o mesmo aumento em carga-horária, é bem provável em causar lesões por esforço excessivo e repetitivo ao trabalhador.

 

Em um recente artigo publicado no Jornal do Instituto da Ciência de Decisões, co-autorado pelo acadêmico da ANU Dr. Di Fan encontrou que empresas com 20% no aumento de débito conduziu em aproximadamente a mesma porcentagem em violações das regulações de saúde e segurança. “Nós encontramos empresas usando empréstimos e não investindo em capital humano – antes, fizeram uso do mesmo para forçar a produtividade, que no processo colocaram trabalhadores em risco.” Disse Dr. Fan.

 

Todos os trabalhadores atuando em áreas de serviço braçal e linhas de produção devem apresentar os problemas em práticas inseguras, demandas físicas insuportáveis e semelhantes, para seus respectivos supervisores e gerentes, e manter os recordes das queixas e os resultados. Se experenciar algum início de lesão ou dor, deve-se consultar um médico profissional e procurar por conselho jurídico o mais rápido possível.

 

Injury & Accident Lawyers especializa em reivindicação por lesões do trabalho e possui muitas histórias de sucesso atuando em queixas que duram por considerável período de tempo, no qual trabalhadores sofrem lesões em resultado do contínuo elevado ritmo e demanda no trabalho.

 

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338