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 can … Read more
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 for … Read more
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 by … Read more
When someone dies without a valid will, the law says they have died intestate. In Queensland, the Succession Act 1981 (Qld) then decides who inherits, using a fixed formula based on family relationships. What the person wanted, or told their family they wanted, is not part of that formula. This page explains the Queensland intestacy … Read more
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 be … Read more
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 whether … Read more
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 their … Read more
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 who … Read more
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 is … Read more
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 third … Read more
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 of … Read more
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 motor … Read more
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 Rehabilitation … Read more
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 qualify … Read more
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 injured … Read more
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 clients … Read more
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, for … Read more
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 financial … Read more
