There is a general time limit of three (3) years for personal injury claims. Court proceedings must be started before the expiry of this period. Before a person may start valid Court proceedings, he or she needs to complete pre-Court steps. The pre-court steps have their own time limit, which may affect a person’s right to bring a claim.

From an evidence point of view, it is always at its best when it is gathered early. Over time, information is destroyed and memories fade. As injured persons have to prove their case, it is important they obtain the evidence to do this and do it early to ensure the best chance of winning.

Do not delay in talking to The Law Shack. The first consultation is free and you are under no obligation to bring a claim.

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1. Ensure that you are out of immediate danger and focus on remaining calm. Call 000 or report the incident to your immediate supervisor to receive any necessary treatment. Alert your employer that an incident has occurred, which should be investigated to establish the cause of the incident and whether remedial action should be taken to ensure it does not happen again.

2. Complete an incident report. This is usually done in a meeting with your immediate supervisor. Do NOT sign an incident report without reading its contents. The legal effect of signing a document is that you are confirming you agree with its contents. It is a statement made by you and you may be cross examined on any out of court statement that is adverse to your interests. If you are being pressured into signing an incident report, you should seek legal advice immediately. It is recommended that before you sign an incident report you obtain legal advice as to whether it sufficiently outlines the incident and applicable negligence of your employer.An incident report is important as it is a record of what happened. Over time memories fade and an incident report can serve to protect evidence which enables you to pursue your legal rights.
3. Whether or not you are taken to the hospital, you will be discharged into the care of your general practitioner. Your GP will record your attendance and any findings. This record may be used as evidence that you sustained an injury from the incident. If you are injured your GP will assist in your rehabilitation to return to work. Your personal injury lawyer will be able to discuss the procedure with your GP to ensure that you obtain your entitlements and achieve the best health outcome possible.
4. While in an appointment with your GP you should obtain a Workers Compensation Medical Certificate. WorkCover Queensland will only accept this specific medical certificate and not the general unfit for work certificate you are given when you have a cold. A Workers Compensation Medical Certificate should be obtained if you require time off work and/or if you require medical treatment/rehabilitation. This medical certificate serves as proof that you have sustained an injury and WorkCover Queensland will consider the certificate when determining whether to accept or reject your application for compensation. Your personal injury lawyer can provide you with the correct certificate to take to your appointment.
5. Lodge an application for compensation with WorkCover Queensland or your self-insured employer. Your personal injury lawyer will ensure a complete and accurate statement about the incident is provided and your injuries adequately described. Failing to do so may result in your claim being rejected or injuries being missed and therefore not compensated.

The application should be done within 20 business days of the incident causing injury. You may lodge the application after this time but you will only be entitled to back dated benefits from 20 days before lodgement. It is important to seek legal advice without delay to obtain all of your entitlements.

You must lodge an application within 6 months of your entitlement arising for it to be considered unless your failure to lodge was a mistake, you were out of the State, or you have a reasonable cause. Your personal injury lawyer can assist you to seek an extension to lodge an application where the initial 6 months have lapsed.

If your application for compensation is accepted, you may be entitled to payments for lost wages and payments for treatment/rehabilitation expenses. WorkCover Queensland will assist you to get better and return to work if you are able.

In summary, the 5 things you should do if you are injured at work are:

1. Report the incident to your immediate supervisor or fellow worker if you are immobile
2. Complete an incident report
3. Go see your general practitioner
4. Get a Workers Compensation Medical Certificate
5. Lodge an application for compensation with WorkCover Queensland or your self-insured employer

Your personal injury lawyer will assist you to protect your rights, maximise the benefits you are entitled to and take the hassle out of the process so you can focus on your recovery.

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For example, if you needed to sell land owned by the deceased in Queensland, you are required to submit the original Will or the Grant of Probate or Letters of Administration document to the Titles Office.

Sometimes, accidents do happen and the original will goes missing or has been destroyed and you may only have a copy of the will.

You can still obtain a grant of probate for a copy of the will if you can answer the following questions and the Supreme Court is satisfied with your responses:

1. Was there actually a will or a document which evidenced the deceased’s intentions?
2. Did the will revoke all previous wills?
3. Is there evidence to suggest that the will has been destroyed to revoke it?
4. Is there evidence of the terms of the will?
5. Is there evidence that the will was executed?

Contact our friendly lawyers at The Law Shack for assistance in
obtaining a grant of probate for a copy of a will.

By: Vy Tran

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Feel the Christmas magic as the Gold Coast comes alive for the annual Broadbeach Christmas Carols presented by The Law Shack, Kurrawa Park, Saturday December 12, 2015.

BROADBEACH CHRISTMAS CAROLS

Featuring the incredible Martin Crewes and Danielle Everett, and proudly supported by 102.9 Hot Tomato and NBN, the premier line-up of free entertainment commences at 3pm and is sure to have you decking the halls with festive spirit when the Carols commence at 6pm.

Date: Saturday December 12, 2015
Time: 3pm
Price: Free
Address: Kurrawa Park, Broadbeach

The 2015 festivities will be grander than ever thanks to the announcement of The Law Shack as presenting partner for the event.  Home of fixed price legal, The Law Shack offers high quality legal services which are accessible to everyone and operate on a fixed fee system.

With three offices on the Gold Coast– The Law Shack’s decision to be the major sponsor of the iconic Broadbeach Christmas Carols was an easy one to make, and fulfilled their desire to be part of an incredible community event.

“I am extremely excited about The Law Shack being able to present the Broadbeach Christmas Carols. It has always been important to us as a firm to give as much back to the Gold Coast community as possible; and as far as community events go, it does not get much better than Christmas carols. Christmas is such a wonderful time of the year and it is great to be able to play a role in spreading some joy.”   Said Andrew Wiltshire, CEO of The Law Shack.

Thanks to The Law Shack, there will be so much for the kids to do once you grab your vantage point for the carols, with Free activities such as a Giant Slide, Jumping Castle or get your photo taken in our giant Snow Globe!  The evening will conclude with an incredible fireworks display.   The Law Shack will also be giving away lots of goodies as well.

Broadbeach Alliance CEO Jan McCormick says this year’s event will certainly spark your Christmas spirit with an amazing calibre of entertainment and welcomes the addition and support of The Law Shack.

“We are thrilled to be able to once again present such an incredible line-up of free entertainment to mark the festive season. Christmas is all about family and the community, and we are delighted to have The Law Shack as the presenting partner for iconic Carols.  Their generous sponsorship cements our ability to give back to the city that supports us so well throughout the year with our many other award-winning events.”

“We invite everyone to come down to share this amazing night of free entertainment with us.  With so much entertainment on offer throughout the afternoon,  don’t forget to get in early to secure the best position in Kurrawa Park.” said Mrs McCormick.

Mark your advent calendar and get your Santa hat ready when Musical Director, David Cameron, and Executive Producer, Allister McCormick brings this city’s favourite Carols to life.

The 2015 Broadbeach Christmas Carols presented by The Law Shack.  For more information, head to www.broadbeachgc.com

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A la Carte in the Park has announced The Law Shack as its major presenting partner when the highly anticipated gastronomic celebration returns this August to the riverside Lionel Perry Park in Surfers Paradise.

A high end, family friendly culinary initiative of the Surfers Paradise Alliance, the event explores and celebrates the best food and dining experiences on the Gold Coast from Saturday 8 to Sunday 9 of August 2015.
Recently established, The Law Shack was founded by Andrew Wiltshire, who is The Law Shack’s Chief Executive Officer.

The presentation rights of the successful culinary event heralds the firm’s arrival and dedication to building a solid relationship with the community by way of supporting culture but also being out and about and on the ground in Surfers Paradise.

Surfers Paradise Alliance CEO Mike Winlaw said it was gratifying to see dynamic business leaders engaging with and supporting the city’s cultural events.

“It’s fantastic to have a local business on board as a major supporter to enhance one of our ongoing signature events,” Mr Winlaw said.

“We prioritise input from the local Surfers Paradise community and work hard to support businesses in the area and for them to be integrally involved in these major city events strengthens this process on both sides.”

The event features the finest culinary experts on the Coast demonstrating their talents at The Chefs of Surfers Paradise and multicultural cuisine, gourmet dishes and wine tastings will also highlight the rich diversity of the region’s foodie culture.
All day live entertainment adds the sonic layer and will feature a variety of classic, orchestral and acoustic music performances drawn from the Gold Coast region and throughout Queensland.

CEO of The Law Shack, Andrew Wiltshire said the firm was delighted to be the presenting partner for A la Carte in the Park.

“The Law Shack is the home of fixed price legal and committed to offering affordable, high quality legal services to ordinary working Australians,” Mr Wiltshire said.

“Supporting community events is an extremely important part of our company ethos and we are so looking forward to the two day event in August and meeting thousands of Gold Coast locals.”

A La Carte in the Park presented by The Law Shack will be held on the riverbanks of Lionel Perry Park, Peninsular Drive, Surfers Paradise from 11am – 6pm on Saturday 8, and 11am – 5pm on Sunday 9 August, 2015.
Pre-sale tickets are available from www.ticketmates.com.au, or at the gate for $10 per person, with free entry for seniors, students and children under the age of 18.

The post THE LAW SHACK PARTNERS WITH ICONIC FOOD AND WINE FEST, A LA CARTE IN THE PARK appeared first on The Law Shack.

The Law Shack is proud to announce we are the presenting partner for this year’s A la Carte in the Park held at Lionel Perry Park, Surfers Paradise on Sat 8th & Sun 9th August. Stay tuned to our Facebook page for exciting updates and chances to win tickets to this iconic food & wine festival.

A LA CARTE IN THE PARK

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Restraining a Lawyer from Acting Against You
Providing instructions to your lawyer can often be an anxious and emotional experience for clients.

It is important that you feel secure in knowing that:

• What to disclose to your lawyer in interviews;
• What your lawyer may learn about you; and
• How you react to certain issues and stressors, will remain confidential, and not be later used against you.

Lawyers extract a lot of knowledge and information from their clients. This information is derived:

• Directly from the instructions that you provide both verbally and through written statements;
• From document’s that are disclosed related to your case; and
• From witness statements.

Additionally your lawyer will gain information about you in observing how you react to particular stressors, persons and allegations that may have been made against you.

Your lawyer will become familiar with:

• What you are comfortable about discussing;
• What you do not feel comfortable about discussing; and
• What “Pushes your Buttons” and makes you react adversely or aggressively.

In the recent Federal Magistrates Court decision of Karapataki & Karapataki [2011] FMCAfam 6 , Federal Magistrate Walters acknowledged that:

“legal practitioners can often learn a great deal about a client’s personality, weaknesses or strengths, honesty (or perhaps dishonesty), fears and reactions (including reactions to pressure or tension).  Similarly, legal practitioners can learn much about a client’s attitude and approach to litigation.”

In McMillan, [2000] FamCA 1046; the Full Court of the Family Court pointed out that when lawyer acts for a client:

“The client’s most secret devices and desires, the client’s most frightening fears, will often, of necessity, be revealed.  The client must be secure in the knowledge that the lawyer will neither disclose nor take advantage of these revelations.

Our judicial system could not operate if this were not the case.  It cannot function properly if doubt or suspicion exists in the mind of the public that the confidential information disclosed by a client to a lawyer might be revealed.”

This exercise in gathering confidential information about a client by a lawyer is commonly referred to as “Getting to Know You” factors.

Prior to separating it is quite common that a married or defacto couple will have engaged one of more lawyers throughout or before their relationship, for the purposes of Will preparations, property and other commercial transactions, and litigation.

So what happens when you separate, and your ex partner chooses to retain as their family lawyer in matrimonial proceedings, a legal practitioner who has acted for you before. That lawyer may have “Gotten to Know” you due to being retained in another matter, and would most likely be in possession of confidential information about you.

The short answer is that you must object to this lawyer acting against you, and object very quickly and unequivocally in writing.

There is no absolute rule that a lawyer who has acted for a client in a particular matter must not act against that client in subsequent family law proceedings.

At The Law Shack we believe that high ethical standards (and plain common sense) dictate that a lawyer should simply decline to act against a former client, unless that former client consents to the lawyer acting against them having been fully informed of the risks.

Acting against a former client is a glaring (and prima facie) conflict of interest.

If that lawyer continues to act against you after an objection has been made, and refuses to withdraw as the other party’s lawyer, then an application will need to be made to the Court to restrain that lawyer from acting in the proceedings.

In the recent case of Nettle & Nettle (2011) FMCAfam 414 Federal Magistrate Buamann accepted that the current legal approach to be adopted in Australia is that a lawyer against whom an objection has been made on this basis will be generally be restrained from acting against a former client:

“where only a theoretical risk of misuse of the confidential information is shown to exist.”

In Patten & Thangathurai (No.2) [2007] FamCA 587 [Pond & Thurga] O’Ryan J of the Family Court of Australia noted that:

“All that is necessary is that is that the wife (in that case the former client) swears that she believes not unreasonably that information may be used against her, or at least to her disadvantage in these current proceedings.”

There are three possible grounds for restraining a lawyer from acting for a party to litigation:

The inherent jurisdiction (or implied power) of the court to supervise and control the conduct of lawyers as officers of the court (in order to safeguard the due administration of justice);

A breach of a supposed fiduciary duty of loyalty not to act against a client, or against a former client, in the same matter or a closely related matter; and

The danger of misuse of confidential information.

In Karapataki & Karapataki [2011] FMCAfam 6, the Court set out the grounds that give the Court the power to restrain a lawyer from acting,  and went on to say:

“In a case where a former client’s credibility becomes a matter of significance, his or her former legal practitioner’s knowledge of the “getting to know you” factors can become a powerful weapon at the disposal of the practitioner’s new client.  Irrespective of the actual effectiveness of the weapon, it can be anticipated that the former client would feel anxiety about the potential of being cross examined by a practitioner who might be perceived as being in a position of unfair superiority – ─ or by Counsel instructed by such a practitioner.   In Black v Taylor, for example, Richardson J. said (in the context of proceedings involving a family solicitor potentially acting for the estate of a deceased family member in proceedings brought against it by another family member):

… it would not be unreasonable for a family member to feel chagrin and concern to find a lawyer who had built up knowledge of that kind was able consciously or unconsciously to draw on it when acting against (the family member).”

The last thing you need when giving evidence in a witness box in the Family Law Courts, is being cross-examined by a lawyer who:

• Knows your personality;
• Knows your strengths and weaknesses;
• Knows your honestly, dishonesty and integrity;
• Knows what to issues to “suggest “to you as answers to the questions being asked;
• Knows how to “Push your Buttons’’ to trigger an adverse response; and
• Knows how to have you reacting in a way that makes you nervous, anxious or even angry, causing you to lose your focus and concentration (which will adversely affect the evidence that you are giving to the Court).

If any of these issues that I have touched on in this summary of the current law are concerning you in your current or anticipated family court proceedings, please contact us for an initial free consultation with a view to urgently exploring these concerns and raising any necessary objection before it’s too late.

Delay in objecting to a previous lawyer against you will most likely prevent the Court from making an order restraining the lawyer from continuing to act in the proceedings.

The Court warned about such delay in the case of Karapataki mentioned above by reinforcing the following legal precedent:

“Irrespective of the ground relied upon to restrain a legal practitioner from acting for a party to litigation, delay, and especially unreasonable or unexplained delay, is likely to be fatal to the application.

The leading authority is McGillivray v Mitchell (1989) FLC 92-818, where the Full Court (of the Family Court) said:

… if a family law litigant has a genuine concern about a former legal adviser acting against him or her in later family law litigation, the litigant must take the point at least in correspondence with the other side at the earliest possible opportunity.  If he or she does not do so, then he or she is possessed of a weapon which can later be used as a delaying tactic at some point in the proceedings convenient to his or her position.  Furthermore a failure to take the point initially must also cast doubt on the bona fides of any later complaint concerning the existence of confidential information in the practitioner in question, and on the bona fides of any alleged apprehension regarding the possible misuse of such confidential information.”

Gary Mallett
Senior Family Lawyer
The Law Shack

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• Driving under the influence of alcohol/with a blood alcohol concentration of 0.15 or higher
• Failing to provide a blood or breath specimen for analysis when asked by the police to do so;
• Dangerous driving while affected by alcohol, or
• Any drink driving offence if you have previously been convicted of a drink driving offence of any kind within 5 years.

What are Alcohol Ignition Interlocks?

Alcohol ignition interlocks are breath test devices which are connected to the ignition of a vehicle.

You will need to blow into the device and the vehicle will not start if alcohol of any level of alcohol is detected.

The device must remain fitted to your vehicle for a period of at least twelve (12) months.

These devices are fitted as part of an “Alcohol Ignition Interlock Program”, which is ordered by the Court as part of the penalty upon conviction.

Whist undergoing the program your licence will show an ‘I’ condition (for ‘interlock’).

You can choose not to have an approved interlock fitted, however if you do so you will not be able to legally drive a motor vehicle for another 2 years after your disqualification period has ended.

What is the process involved?
Upon the Court convicting you for one of the prescribed offences, you will be disqualified for driving for a period of time. Once that disqualification ends, you will need to apply to the Department of Transport and Main Roads for a probationary licence with an ‘I’ condition.

You will need to contact an approved interlock provider and arrange to have an interlock installed in your vehicle.

You will have to pay for all of the costs of installing and removing, renting and servicing the interlock device.

How we can assist?
At The Law Shack we are able to represent you in all Court Appearances and achieve for you the lowest possible disqualification period and fine (or other penalty). We also able to guide and assist you with the interlock process if it applies to you and you are placed on the program.

We will also provide you with a low fixed fee price for the entire process, and we will allow you to pay this fixed fee with flexible payment options available.

Please call us on 13 20 30 arrange for a free introductory first meeting with us.

Gary Mallett

Associate Director

The Law Shack

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