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In Australian estate planning, the interplay between superannuation and Wills is often misunderstood, leading to potential complications for beneficiaries. Many Australians mistakenly believe that their superannuation is automatically covered by their Will, but this is not the case. Understanding the distinct nature of these two elements is crucial for effective estate planning. The Unique NatureRead More »Superannuation and Wills: Essential Components of Australian Estate Planning

In the current professional climate, workplace bullying is an ongoing issue that impacts as much as 1 in 10 employees, according to WorkSafe Queensland. This detrimental behaviour not only harms employees but also disrupts the overall health of organisations. In this article, we will consider the signs, consequences, and available legal avenues for addressing workplaceRead More »Workplace Bullying: Understanding Its Effects and Pursuing Compensation

The rise of electric scooters, or e-scooters, in Queensland has transformed urban transportation, offering a convenient and eco-friendly alternative to traditional modes of travel. However, this surge in popularity has brought with it a host of challenges, particularly concerning road safety, accidents, and the complexities of compensation claims. This article explores the current state ofRead More »What You Should Know About E-Scooter Accidents and Compensation Claims on Queensland Roads

Food poisoning is a significant public health concern in Queensland and across Australia, with an estimated 4.1 million cases occurring annually, affecting one-sixth of the population. While most cases resolve without lasting effects, the Food Safety Information Council reports that food poisoning results in approximately 32,000 hospitalisations and 86 deaths each year, with an estimatedRead More »Am I Eligible for Compensation when Suffering from Food Poisoning in Queensland?

Image source: News.com.au In the realm of estate disputes, few cases are as emotionally charged and legally complex as those involving allegations of undue influence and unconscionable conduct. The recent Court of Appeal decision in Bampton v Vourlides [2024] QCA 191 serves as a stark reminder of the intricate dance between familial relationships and financialRead More »The $300,000 Gift – Unravelling Undue Influence in the Bampton v Vourlides Lottery Legacy

Introduction This case involves a dispute over the estate of Ms B, who died intestate (without a will) in a car accident on 30 June  2009. The applicant, who is the father of Ms B’s two children, sought a declaration that he was in a de facto relationship with Ms B at the time ofRead More »Determining De Facto Relationships in Estate Disputes: An Analysis of WPA v MLX [2011] QSC 315

When you rent a home or apartment in Queensland, you expect a safe living environment. However, accidents can happen, and sometimes these accidents result from unsafe conditions in the property. If you’ve been injured due to such conditions, you may be considering making a public liability claim against your landlord. This article will guide youRead More »I was Injured in My Apartment. Can I Make a Claim Against My Landlord?

In Queensland, the rise of the gig economy has fundamentally changed the landscape of work. Gig workers—individuals involved in short-term, flexible roles frequently facilitated through digital platforms—are increasingly becoming a crucial component of the workforce. Nonetheless, the nature of gig work introduces distinct challenges regarding workers’ compensation. This article explores the complexities of workers’ compensationRead More »Workers’ Compensation for Gig Workers in Queensland: What You Need to Know

The case of French v QBE Insurance (Australia) Limited [2011] QSC 105 involved a claim for damages arising from the tragic death of Stephen Crouch in 2003. Mr Crouch died after being struck by vehicles on a road, having earlier been left in an incapacitated state by a taxi driver. His de facto wife, ElizabethRead More »Unravelling Complex Causation and Liability: A Deep Dive into French v QBE Insurance

Two cases, Apelu v Lusty Tip Trailers Pty Ltd [2023] QSC 262 and Apelu v Lusty Tip Trailers Pty Ltd [2024] QCA 158, involve a worker seeking damages for injuries sustained in a workplace accident, including both physical and psychiatric injuries. The first case, [2023] QSC 262, is the initial decision made by the SupremeRead More »Navigating the Complexities of Workers’ Compensation Claims: The Apelu Case and Its Implications for Psychiatric Injury Assessment

General damages, also known as damages for pain and suffering, are an important component of personal injury compensation in Queensland. They aim to provide monetary compensation for the non-economic losses suffered by an injured person, such as physical pain, loss of amenities of life, and loss of enjoyment of life. The assessment of general damagesRead More »General Damages in Queensland Personal Injury Claims

The Supreme Court of Queensland’s decision in Delaney v AAMI Insurance Ltd [2007] QSC 174 involving a severely brain-injured motorcycle passenger provides significant clarification on the interpretation and application of the Motor Accident Insurance Act 1994 (Qld) (MAI Act), particularly regarding the provision of rehabilitation services. Background On 16 June 2006, the applicant sustained severeRead More »CTP – Can I choose my rehabilitation providers?

No matter how careful you are, there’s still a chance that you’ll find yourself in a motor vehicle accident, even if it’s not your fault. The physical and emotional trauma can be overwhelming. Perhaps adding insult to injury is having to go through the legal process to file for a personal injury compensation claim. However,Read More »I was in a motor vehicle accident and got injured – what do I do now?

Have you been injured in an accident that wasn’t your fault? Are you struggling with physical pain, emotional distress, and a loss of enjoyment in life? If so, you may be entitled to a pain and suffering settlement as part of your compensation claim. But how are these settlements calculated in Queensland, and what canRead More »Calculating Pain and Suffering Settlements in Queensland

As much as we love our canine companions, it’s a sobering reality that dog attacks occur all too frequently in Queensland. If you or a loved one has suffered injury from a dog bite, it’s important to understand your legal rights and options for seeking compensation. In this article, let’s take a close look intoRead More »Dog Bite Claims in Queensland – What You Need to Know

Have you found yourself unable to work due to an injury or illness? Are you struggling to make ends meet while dealing with the physical and emotional toll of your condition? If you have income protection or Total and Permanent Disability (TPD) insurance through your superannuation fund or insurer, you may be entitled to makeRead More »Income protection and TPD disputes – How the AFCA and your lawyer can help

At ROC Legal, we have encountered many situations where individuals are unable to make a will due to a lack of testamentary capacity. This can be a challenging and emotional situation for families, as they grapple with the prospect of their loved one’s assets being distributed according to intestacy laws, which may not align withRead More »Statutory Wills in Queensland: Making a Will For a Person Who Lacks Capacity

At ROC Legal, we have helped numerous clients who have suffered injuries during their daily commute to or from work in Queensland. These types of claims, known as “journey claims,” can be complex and challenging to navigate without proper legal guidance. In this article, we will provide you with everything you need to know aboutRead More »Injured During Your Commute To or From Work in Queensland? Everything You Need to Know

At ROC Legal, we have seen firsthand the confusion, stress, and potential for conflict that can arise when someone dies without leaving a valid Will. This situation, known as dying “intestate,” can have significant consequences for your loved ones and may result in your estate being distributed in a manner that does not align withRead More »Dying Without a Will in Queensland: What Happens to Your Estate and Who Arranges Your Funeral?

At ROC Legal we have extensive experience in handling workers’ compensation claims in Queensland, We have seen countless cases where injured workers face the daunting prospect of having their claims rejected or their payments unexpectedly ceased by WorkCover. This article aims to guide you through the next steps you can take if you find yourselfRead More »Dealing with WorkCover: Next Steps if Your Claim is Rejected or Payments Cease

As ridesharing services like Uber have become increasingly popular in Queensland, it’s important for passengers to understand their rights when it comes to accidents and injuries. If you’ve been injured while riding in an Uber, you may be entitled to compensation for your medical expenses, lost wages, and other damages. In this article, we’ll exploreRead More »Claiming Compensation for Injuries Sustained in an Uber Accident

In a significant move to enhance workplace safety, the Queensland government has introduced new laws aimed at protecting workers who operate or ride as passengers on quad bikes. The Work Health and Safety (Quad Bikes) Amendment Regulation 2024 brings about crucial changes, including age restrictions, passenger limitations, and mandatory helmet use for quad bikes usedRead More »New Quad Bike Safety Laws in Queensland

Slip and fall accidents are one of the most common types of personal injury incidents in Queensland shopping centres. These accidents can result in serious injuries, such as broken bones, spinal cord damage, or traumatic brain injuries, leading to significant medical expenses, lost wages, and pain and suffering. If you’ve been injured in a slipRead More »A Step-by-Step Guide to Claiming Compensation for a Slip and Fall Accident in a Queensland Shopping Centre

Motorcycle accidents can result in severe injuries, extensive medical expenses, and significant financial losses. If you’ve been injured in a motorcycle accident in Queensland due to someone else’s negligence, you may be entitled to compensation for your damages. In this comprehensive guide, we’ll walk you through the process of claiming compensation for motorcycle accident injuries,Read More »A Comprehensive Guide to Claiming Compensation for Motorcycle Accident Injuries in Queensland

Carpal tunnel syndrome (CTS) is a common work-related injury that affects thousands of Queenslanders each year. This debilitating condition, caused by compression of the median nerve in the wrist, can result in pain, numbness, and weakness in the hand and fingers. If you’ve developed CTS as a result of your work duties, you may beRead More »How to Claim Workers’ Compensation for Carpal Tunnel Syndrome in Queensland

Workers’ compensation schemes around Australia, including in Queensland, operate as a vital safety net for employees who sustain injuries or illnesses in the workplace. But navigating the claims process can be complex, and many people who make a claim under the scheme can inadvertently fall into common pitfalls that can hinder their chances of receivingRead More »Common Pitfalls in Workers’ Compensation Claims and How to Avoid Them

Administering a deceased person’s estate as an executor can be a delicate process that can be complicated by potential challenges to the will and disputes with beneficiaries and others. The possibility of conflict arises because executors are entrusted with the pivotal responsibility of managing and distributing the deceased’s assets according to their wishes. An executorRead More »Unethical Executors & Estate Administration Disputes

Physical injuries such as cuts, bruises and breaks, while painful, are obvious and easy to treat. In contrast, psychological injury can be much harder to detect, often disguised or suppressed by the sufferer – and yet this sort of injury can be more debilitating and enduring than physical injuries. Until recent years the possibility ofRead More »The Psychological Impact of Workplace Injuries and the Role of Workers’ Compensation

It’s an unfortunate reality that some families end up in legal conflict after the death of a loved one when one or more people feel they have been inadequately provided for from the deceased’s will. One beneficiary may feel another beneficiary has been favoured over them, or that the deceased ignored their needs despite theirRead More »What is a Family Provision Claim in Queensland?

When legal documents are kept in a person’s home it is surprisingly common for original documents to be misplaced, mistaken as being copies or simply lost. Estate administration takes this into account and there are avenues that can be pursued if all you have is a copy of a Will. In some instances, it canRead More »Can I obtain probate with only a copy of a Will?

In recent years ‘No Win, No Fee’ agreements have become increasingly popular as a way for people to access legal representation when they may not otherwise be able to afford to. Such agreements, sometimes also known as ‘No Win, No Pay’ (and referred to as contingent or conditional-costs agreements by lawyers), are usually offered forRead More »What are No Win, No Fee Costs Agreements?

The word ‘capacity’ is an essential part of ‘legalise’. It is also an essential part of a valid will which can potentially give rise to a will dispute.  Solicitors seem to bandy the concept around, particularly in the context of succession law, but have little regard as to whether the meaning is fully understood byRead More »All about capacity

One of the main reasons people are encouraged to make a will during their lifetime is to provide some certainty about their affairs for their loved ones once they pass. But many people, for whatever reason, do not get around to making a will, or fail to make a legally valid will, meaning they dieRead More »What Does Intestacy Mean and What Happens to a Person’s Estate if They Die Intestate?

When a loved one dies there is not only grief to manage but a long list of administrative tasks to complete to resolve their affairs. One of those is probate, the legal process to validate a deceased person’s will and ensure that their assets are distributed according to their wishes. This step will generally beRead More »What is Probate of a Will and How do You Apply?

Total and permanent disability (TPD) coverage is a type of insurance designed to provide financial protection to those who suffer from significant injury, illness or other disabilities which prevent them from working in their usual job or any other occupation for which they might be suited. Understanding the types of TPD policies available and whetherRead More »What You Need to Know about TPD Insurance and Making a Claim

Life is uncertain and no-one really knows if debilitating illness and injury is around the corner, possibly preventing them from working ever again. This is why many people hold total and permanent disability (TPD) insurance as part of their superannuation fund or as a stand-alone policy – to provide financial support for themselves and theirRead More »What is a TPD Claim in Queensland?

Queensland’s well-established compulsory third party (CTP) accident insurance scheme is – unlike some other schemes around Australia – a fault-based scheme, meaning a person injured in a road accident may make a claim against an at-fault driver’s CTP insurer if they can establish the motorist’s negligence. This raises the question of whether the person whoRead More »Can I Claim Compensation for a Road Accident in Queensland if I was to Blame?

Pursuing a claim for compensation if you’ve been injured can be a time-consuming and arduous process, particularly if you’re recovering from injury while balancing the demands of work and family. It’s for this reason many people want some idea about how much money they should expect from a claim to work out whether it isRead More »How are Compensation Claims Calculated in Queensland?

Queensland’s roads are getting busier and busier as more people move to the state, increasing the likelihood of accidents. Pedestrians injured when struck by a car are often unsure of their rights when it comes to making a compensation claim but in fact, they are entitled to make a claim against a drivers compulsory thirdRead More »I Was Hit By a Car as a Pedestrian in Queensland. Can I Claim Compensation for Injuries?

If a loved one, or someone who was financially supporting you has died, and you have not received ‘adequate provision’, it is possible to challenge the estate (whether there was a will or not). The person challenging an estate is referred to as the ‘applicant’ or ‘plaintiff’ and the legal term for this type ofRead More »I have been left out of an estate. What can I do?

When it comes to personal injuries in Queensland, understanding the process of making a Compulsory Third Party (CTP) claim and the support available through the National Injury Insurance Scheme (NIISQ) is crucial. Understanding CTP claims for personal injuries In Queensland, the Compulsory Third Party (CTP) insurance scheme provides coverage for personal injuries caused by motorRead More »CTP Claims in Queensland and the National Injury Insurance Scheme (‘NIISQ’)

What is a journey claim? In Queensland, a journey claim refers to a legal right that allows workers to seek compensation for injuries sustained during a journey to and from their workplace. These journeys can include commuting between home and work, traveling to off-site meetings, or running work-related errands. Under the Workers’ Compensation and RehabilitationRead More »What is a Journey Claim in Queensland?

Total Permanent Disability (TPD) coverage through a superannuation fund typically provides financial assistance to individuals who are no longer capable to work in their usual occupation or other occupation, due to physical or mental disability, or ill health. Most people can make a claim through the TPD insurance cover included with their superannuation. To qualifyRead More »Working Out Superannuation, TTD and TPD Claims

Accidents can happen anywhere, anytime, anyplace, but what to do if injured in public? As we slowly shift back to the new normal following lockdown and social distancing, public places such as parks, footpaths and shopping centres can be a proverbial danger zone when it comes to slip and trip hazards. If you become injuredRead More »DANGER ZONE: What to do if injured in public

For good reason, it is a delicate subject, and one the legal system takes very seriously. All children in the care of an institution or organisation have the right to protection and reasonable care at all times. Where that care has been compromised, as compensation lawyers we feel we have a duty to our clientsRead More »Fighting back on Institutional Physical or Sexual Abuse

An injury at work claim is your right in the event of an accident. As most of us go about our daily commute to work, few would give a second thought to what could go wrong in our places of work, let alone the likelihood of being seriously injured (or worse) at work. Unfortunately, forRead More »Covering off on WorkCover Claims

A crash course in motor vehicle claims Unfortunately, with so many of us dependent on vehicles getting us from A to B, particularly in regional areas where public transport can be non-existent, motor vehicle accidents are a grim reality. The experience is traumatic enough; the last thing casualties of road accidents need is the financialRead More »A crash course in motor vehicle claims