‘I willingly commit to do all that I can to ensure I am in education, training or meaningful employment by March 31^st 2011’

At Hutchinson Legal we have been inspired and encouraged to see this program being established in this area.

We would encourage people interested in this program to visit Beacon Foundation website at www.beaconfoundation.net

Michael, Ben & "Choco" in front of Board where students signed up to make the Beacon Foundation commitment

4th -  8th October 2010

The Maroondah City Council has once again planned an exceptional program of events for Maroondah Business Week 2010. Whether you are new to business, or have been operating for many years, the 2010 program promises to provide an abundance of information, inspiration and networking opportunities.

The calibre of speakers and the variety of events is outstanding. This year there will be three very special keynote guest speakers; all have interesting and inspirational stories. The NAB Business Breakfast will feature ex footballer David Schwarz. Peter Alexander, the ‘pyjama king’ will speak at the RACV Business Insurance Networking Event. Tara Moss, model and successful author, will entertain and inform at the Eastland Business Lunch.

With all the key events, tours, networking opportunities plus the eight training sessions, Maroondah Business Week 2010 promises to provide inspiration and key business information.

For more information about the events being held please visit www.bizmaroondah.com.au.

The baby boomer population is growing to maturity and the burning question that is facing them and their children is….

HOW DO WE CARE FOR OUR PARENTS?

Hutchinson Legal is delighted to joint sponsor a seminar based on answering these questions. The presenters are all experts in their fields and will be addressing issues and solutions.

Elise Cruickshank from One Care Australia will speak on how to recognise the signs of when a loved one may require additional assistance and care. She will look at the transition from living at home to the different levels of aged care. Also, how to find the appropriate home, the costs and the various government funded assistance that is available.

Martin Reilly from Eldercare Legal will speak on Wills, Enduring Powers of Attorney (Medical & Financial), Guardianship and VCAT’s power to grant Administration or Guardianship rights to family.

Paul Edgar from Money Guidance will provide advice on funding of entry into Aged Care facilities, the planning required and advice on pensions and income tax for those in care.

Barbara George from Maroondah City Council Aged Care Services will speak on the range of services provided by Council. She will look at the role of needs assessment and care planning and the role of Council’s Home and Community Care (HACC) services.

Date:           Thursday, 23 September 2010
Time:          6:00pm – 8:00pm
Venue:       Room 3, Federation Estate, 32 Greenwood Avenue, Ringwood
                     (ex-Ringwood Primary School) Melways Map 49 H9

A light supper will be provided.

Bookings are essential as numbers are strictly limited. Please book with Hutchinson Legal on (03) 9870 9870.

The Governor together with Amanda & Jerry from Maroondah Secondary College

Information on the Beacon Foundation website notes the following:

Beacon,a national non-profit organisation working in 118 secondary schools across all Australian states and territories, believes every young Australian can develop an independent will to achieve personal success for themselves and their community.  

Beacon’s programs support young people to develop this focus through engaging and influencing the attitudes and behaviour of the broader community.  By harnessing community involvement, it works within schools to ensure young people are either earning or learning at vulnerable transition points in their lives.

Since the first program in 1995, Beacon has worked with over 55,000 students. It focuses on students who are “falling between the cracks”, typically from low socio economic status (Low SES) schools, by engaging the student in practical, solution focused programs that mobilise the school, parents and businesses in the community to create positive opportunities and knowledge for skills development.

We would encourage you to take a look at the Beacon Foundation website (www.beaconfoundation.net)

We note that this is due to the hard work of our very own Paul Johnstone as he quietly and persistently advocates on behalf of many who make a claim to the Victims of Crime Assistance Tribunal (VOCAT).

In this case, an intoxicated patron died in a road accident after driving his motorcycle home from the hotel where he had been drinking after work.

The patron arrived at the hotel about 5.15pm and on hearing of police breathalysers in the area made an arrangement that the hotel licensee would keep the motorcycle in the hotel storeroom and hold onto its keys. When the patron was ready to go home, the licensee was to telephone the patron’s wife to pick him up.

After drinking for about three hours, the patron was ready to leave about 8.30pm.
The licensee offered to call his wife but the patron refused, insisting the licensee hand over the keys so he could ride the motorcycle home.

The licensee claimed that the patron was agitated but did not appear drunk and he repeatedly sought assurances from the patron that he was “right to ride”, with the patron responding that he was fine.

The licensee retrieved the motorcycle and the patron drove it away – with fatal consequences. There was conclusive evidence the patron’s accident was directly related to his blood alcohol reading of 0.253g per 100mls of blood.

The patron’s widow and the Motor Accidents Insurance Board (the Board) sued the hotel proprietor and its licensee for negligence, claiming they owed a duty of care to the patron which had been breached, resulting in his death.

The Supreme Court of Tasmania found that neither the proprietor nor the licensee owed a duty of care in these circumstances, but that if they did, it would have been breached by the failure of the licensee to prevent the patron from driving from the hotel.

On a successful appeal to the Full Court of the Supreme Court of Tasmania, the Court found in favour of the patron’s widow and the Board by holding that a duty of care did in fact exist and that it was breached.

A further appeal to the High Court found in favour of the proprietor and the licensee.  The decision was based on three reasons.

First, the element of causation was not established.  The patron’s widow and the Board needed to show that even if there was a duty of care that was breached, the breach had to have directly caused the patron’s death.  On these facts, there was no evidence that even if the licensee had tried to telephone the wife to take the patron home that the wife would have been successfully contacted, responded by attending and that the patron would have willingly left with her.  There were several surrounding factors that made causation difficult to prove in this case.

Second, the High Court found that there was no breach of duty by the licensee.  In complying with the agreement made, the licensee had asked the patron to let him telephone his wife but the patron refused.  The licensee could not have been reasonably expected to physically restrain the patron or refused him possession of his own property when he resisted.

Finally, the High Court decided that, while licensees do owe a general duty of care to patrons who use their premises, including duties such as maintaining safe premises and monitoring equipment within the premises, the duty should not be extended in this case.  The duty of care alleged in these circumstances was particularly narrow and required reliance on a sequence of events that could not reasonably be established.  As a result, there was no specific duty of care established on which the patron’s widow and the Board could rely in this case.

The case highlights the practical difficulties faced by hotel licensees when dealing with their patrons.

In recognition of the social role of an apology, the Victorian legislature has taken steps to offer limited protection for those who make an apology. Section 14J of the Wrongs Act provides that an apology does not constitute an admission of liability, or an admission of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance, for the death or injury of a person in a civil proceeding. However, the protection does not extend to situations where the apology admits fault (Section 14I Wrongs Act), and further the apology can be admitted with respect to a fact in issue or tending to establish a fact in issue.

The High Court examined the implications of apologetic statements in the case of Dovuro Pty Ltd v Wilkins (2003). In that case, Dovuro offered a full apology and admitted fault. The Court held that the admissions have no effect for a finding of negligence as the question of negligence is for the court to determine. They held however that those admissions of fact could go towards the question of liability at Common Law.

Some commentators have suggested that the current Victoria legislative provisions are ineffective, and that they do not serve the role for which they were intended. Some suggest that an effective apology requires an acknowledgement of fault rather than merely an expression of regret. New South Wales and the Australian Capital Territory are the only jurisdictions in Australia which offer protection for apologies that include an admission of fault.

The evening includes special guests from:
- Hutchinson Legal – Grant Hutchinson
- UBS Asset Management – James McIvor

Date: Wednesday, 28 April 2010

Venue:  Westpac Business Centre
                Level 1, 303 Maroondah Highway
                Ringwood VIC 3134

Time: 6:30pm – 8:00pm (refreshments will be served)

Please contact our office on (03) 9870 9870 if you are interested in attending this Seminar by Thursday, 22 April 2010.

Thursday, 18 February 2010 – 7:00am to 9:00am

$40 per person which includes breakfast

Karralyka Centre, Mines Rd, Ringwood East

Kristina is the creative director and founder of international fashion stationery label kikki.K Swedish Home/Office Style, with 25 retail boutiques in Australia & New Zealand, and an online store that services the world. When Kristina decided to set up a home office almost ten years ago, she couldn’t have known where that decision would take her. 

For booking or more information, please contact Hutchinson Legal on (03) 9870 9870 or BizMaroondah at www.bizmaroondah.com.au.

The fund raising event has all funds raised by way of donations going directly to Maroondah Hospital Emergency Department

Mr Con Nottas, the newly appointed partner of Hutchinson Legal said, “Next year it is hoped that other businesses and individuals in Maroondah will join in this event as it seeks to raise funds for one of our local hospitals”.