In this video, Channel 9 News interviews Lifestyle Injury Lawyers' Compensation Lawyer, Mitch Herlihy on how dashcams can be game-changers in proving liability in road accident claims.

Get expert legal advice on CTP claims in QLD. If you're in a car accident while visiting, understand your rights under MAIA. Call now for help!

Lifestyle Injury Lawyers specialize in compensation claims, providing personalized service and a No Win-No Fee policy. Call for a free consultation.

Dog Attack Legalities in Queensland: Know your rights as a victim. Explore the responsibilities of dog owners, possible claims for injuries, and potential criminal offenses. Consult Lifestyle Injury Lawyers for expert guidance and compensation options.

It’s a fact of modern life that many of the activities we undertake are covered by contracts and other types of agreements setting out the legal rights and responsibilities of each party.

Explore your rights if injured on a Queensland boat trip. Learn about liability laws, negligence, and compensation claims under QLD statutes. Contact our expert team for guidance.

Know your rights under Queensland's Workers' Compensation Act. Explore how this law safeguards employees from dismissal upon filing claims, and learn about avenues for protection. Get expert guidance today.

Social media platforms like Instagram and Facebook have become embedded in the lives of millions of Australians. People use them so regularly they share their innermost thoughts, opinions, pictures, and experiences there, often without giving much thought to the potential legal consequences. In recent years, the question of whether uploads to social media in Australia can become part of legal proceedings between two parties to a dispute, even if their personal pages are set to private, has become more common and featured in a number of court cases. In family law matters, workplace disputes, personal injury and defamation cases, among others, you could be forced to disclose your social media posts and have them used against you in a dispute or proceeding provided the posts are relevant to the issues in the case. This article looks at some Australian case law and legal considerations dealing with this of-the-moment issue. The privacy-setting myth Many users assume that by setting their social media accounts to ‘private’, they are safeguarding their posts from becoming part of any legal proceedings. However, the distinction between public and private is not as clear-cut as it may seem. Recent case law in Australia highlights the importance of understanding the limitations of social media privacy settings. Case 1: In Glen Stutsel v Linfox, a truck driver claimed he was unfairly dismissed for posting a number of racially derogatory, discriminatory and harassing comments about his managers on Facebook. In describing his actions as part of his dismissal, the company said Mr Stutsel’s posts were ‘open to the public’. Mr Stutsel insisted his Facebook account had been created with maximum privacy restrictions and the posts were not able to viewed by just anyone. The Fair Work Commission found Mr Stutsel had been unfairly dismissed by Linfox, with the company’s lack of a social media policy for employees a key reason for the decision. The company subsequently lost two appeals against the decision. In the appeal dismissed by Fair Work Australia, the commissioner took into account Mr Stutsel’s ‘limited understanding’ as to the privacy of Facebook communications. Case 2 : In a more recent case from 2019, Gavan v FSS Trustee Corporation [2019] NSWSC 667, it was again confirmed by the courts that Facebook and other social media posts may be disclosable in legal proceedings and admissible as evidence, provided they are relevant to questions before the court and regardless of a person’s privacy settings or intentions in posting the material. In this case – a claim for Total and Permanent Disability (TPD) benefits by Ms Gavan, the plaintiff – she challenged a Notice to Produce ‘all records’ from her Facebook account, whether the account was active or not and including posts, status updates, check-ins, messages, photo uploads, ‘tagged’ photos and comments made by and/or ‘tagging’ Ms Gavan. The material was otherwise inaccessible because of Ms Gavan’s privacy settings. Ms Gavan claimed she had suffered severe psychiatric and physical injuries which meant she could never be engaged in employment for which she was reasonably qualified and largely confined her to home. The defendant argued the material from her Facebook account showed Ms Gavan’s reported symptoms were inconsistent with her social activities and travel. The court decided the private Facebook material was relevant to the issues in question and ordered Ms Gavan to produce the requested documents. Case 3 : A related issue is the deletion or destruction of social media material by a person who becomes aware it may be discoverable as part of legal proceedings and used as evidence against them. In Palavi v Radio 2UE Sydney, the plaintiff sued a Sydney radio station for defamation for imputing that she ran a brothel and arranged sexual liaisons between NRL players and underage girls. In one Facebook post Ms Palavi indicated she would delete images on other platforms and devices she knew might be used as evidence against her claims. This post was used in evidence to support the conclusion that she had deliberately deleted the images and the trial judge subsequently struck out two of the imputations in the defamation claim. Key themes and the need for expert legal advice From cases dealing with the question of whether social media posts are disclosable in legal proceedings, even if they were made privately, a couple of key take-outs emerge. Firstly, a strong relevance test applies – the social media content a party to legal proceedings seeks to rely on as evidence must be relevant to the case at hand. The onus is on the applicant to the court to demonstrate that the social media posts are necessary to assist resolution of the case as quickly and efficiently as possible. But courts also have a discretion not to make an order for discovery of social media material if it is not considered necessary or proportionate. The court is careful to balance a person’s right to privacy with the need to uncover material that is relevant to a fact in issue in the case. The conclusion is that even if users activate the highest privacy settings on their social media accounts, the material they post may still be discoverable and admissible in legal proceedings should it be relevant to the case. Furthermore there is the risk of inadvertent disclosure of private information by the platform itself when it makes technical changes to the site – this content may also still be disclosable. Another issue arises where a person deliberately destroys or deletes social media posts, fearing they may become discoverable in legal proceedings – doing so can amount to contempt of court. If you’re unsure or worried about whether your social media posts may become part of a personal injury compensation matter or some other legal action, contact our expert team at Lifestyle Injury Lawyers today for further advice.

While gyms are generally positive places visited by people keen to become the healthiest version of themselves possible, they also pose obvious dangers.

Understanding public liability claims in Queensland: duty of care, negligence, and the role of the Personal Injuries Proceedings Act 2002. Expert guidance available.

Explore workers' compensation and public liability claims for construction site injuries in Queensland. Learn about eligibility, time limits, and complexities. Consult our compensation specialists today.

Discover the ins and outs of electric bicycle regulations and your rights if you've been injured while riding one. Explore the essential information you need at Lifestyle Injury Law's latest blog post. Stay informed and protect your interests!

If you believe you have a claim and are unsure of how to proceed, contact us today personal injury lawyers for an initial chat about your situation.

Understanding historical abuse claims: Redress scheme vs. common law damages. Our blog post explains the difference. Contact Lifestyle Injury Law for expert advice on your claim.

Curious about theme park accidents and making a claim? Our blog provides insights and legal guidance. Contact Lifestyle Injury Lawyers for expert advice on your potential claim.

If you’re uncertain about your rights and entitlements after being injured on council property. Our specialty is compensation Call us today.

We are compensation specialists who help clients progress their claims every day, whether they were injured at work, on the road, or after falling in a public place.

Bullying in Australian workplaces is a serious issue with serious consequences for the individuals involved as well as employers. If you wish to establish an employer’s vicarious liability for your injury get advice from compensation specialists.

If you’re uncertain about the difference between a CTP claim and a property damage claim, or need more advice on how to make one of these claims, speak with one of our motor vehicle accident compensation specialists.

In this blog, our lawyers share the key things a person should try to do if they have been injured in a public place. Call us today!

If you’ve been injured in an accident while riding your bicycle, we will help you gather the necessary evidence and assess the severity of your injury to support your claim.

The relationship between an employer and an employee is well-established as one that involves a duty of care. Every employer is under a duty to ensure that reasonable care is taken for the safety of employees. Generally speaking, this duty requires the employer to provide and maintain safe plant and equipment, select skilled and competent employees, provide a ‘safe system’ of work, and adequate training and instructions.

Our compensation law team has years of experience in putting together dependency and other claims for clients who’ve been injured or lost a loved one in an accident. Call us today for more details.

In this post, our law team explains how statutory and common law claims for work injuries differ. Call us today for more details.

In this blog, our law team shared the rights. When you are injured while working on a construction site. Call us today for more details.

Compensation law in Australia is fairly complex. In this podcast, Senior Associate Mitchell Herlihy discusses the options available for people who were injured on their way to or from work and are seeking compensation. The post Been injured on my way to work, can I claim compensation? appeared first on Lifestyle Injury Lawyers.

Compensation law in Australia is fairly complex. In this podcast, Senior Associate Mitchell Herlihy discusses the options available for people who were injured on their way to or from work and are seeking compensation.

In the event a person loses their life in a work accident, it’s possible for members of their family to make a dependency claim.

Our expert legal team offers comprehensive guidance on navigating the complexities of social media in personal injury claims.

A TPD claim, or a ‘total and permanent disability’ claim, is an insurance benefit you can claim through your superannuation fund in the event of serious illness or injury which leaves you unable to work. Many people may try to make such claims on their own. However, making a TPD claim is a difficult, drawn-out process that can be complex to navigate. This article will explain why you should hire a lawyer to handle your TPD claim rather than attempting to handle it yourself.

If you have been injured due to an uneven footpath or pothole that your local council had knowledge of and failed to fix, you may be eligible for compensation. Call us today!

In this blog, Our experienced team provides expert guidance on how to protect your rights and seek compensation in the face of a challenging situation.

Find out what to do if you were involved in a bicycle accident and hit by a car at Lifestyle Injury Law. Our Injury Lawyers can help you with understanding your rights in terms of making a claim.

Find out what to do if you were involved in a bicycle accident and hit by a car at Lifestyle Injury Law. Our Injury Lawyers can help you with understanding your rights in terms of making a claim.

If you believe you have a journey claim after an accident on the way to or from work, contact us today.

If your loved one died due to a workplace accident, it is crucial that you find experienced legal representation. Lifestyle injury lawyers has handled dependency claims for long time.

A crucial question for anyone considering a personal injury claim is how much compensation they might be entitled to.

There is no one definitive answer to the question of how long a personal injury claim takes to resolve. While a typical compensation matter commonly takes up to 18 months to resolve, this very much depends on how complex the issues involved in your claim are. A straightforward claim – one where the negligence of the party who caused the injury is clear-cut and irrefutable – will still likely take up to 18 months to resolve. This is because a person generally does not reach maximum medical improvement until 12 months post-accident. This is when a person’s injuries are deemed ‘stable and stationary’ and specialists will assess their injuries for medico-legal purposes i.e. for the purpose of a personal injury claim.

In this blog, our team of employment lawyers discusses the types of legal options available to address bullying in the workplace. Call us today to find out more.

What does a personal injury lawyer do, and why should you consider engaging one if you believe you have a compensation claim after an injury?

Time limits apply by which a person must bring a legal action, including compensation after they are injured in an accident.

If you have questions about an accident caused by an intoxicated driver and your entitlement to claim, call compensation Lawyers team today!

If you traveling as a passenger in a car involved in a road accident, you may receive compensation for your injuries. Just Call us today!

In this post, we’ll concentrate on how workers’ compensation claims are assessed in order to work out what can be provided to an injured person.

If you’re planning to work from home, or have injured yourself while doing your work role in the home environment, contact Lifestyle Injury Lawyers today for advice.

If in doubt on whether your social media posts may affect your compensation claim for injury, contact Lifestyle Injury Lawyers today.

The National Redress Scheme or a common law claim for compensation for historical abuse, speak with Lifestyle Injury Lawyers. We are experts in this specialist area of compensation.

If you experienced abuse as a child, you may be eligible to claim historical abuse compensation. Get legal advice today from professionals such as lifestyle injury lawyers.

If you have an accident involving a driver who is registered outside of Queensland, contact Lifestyle Injury Lawyers today.