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What is “No-Win, No-Fee”?

It is not uncommon for people who have been injured to have already lost a lot of money due to the inability to work, expensive treatment costs, or both. The last thing you want to think about is paying a lawyer, especially when you can’t afford other expenses.

No-Win, No-Fee means that you don’t have to worry about paying fees unless you win your case, and have received your money.

To us, No-Win, No-Fee means two things:

  1. A way of helping you, our client, pursue your rights, even if you may not be able to afford it
  2. A way of proving that we are confident we will WIN your case

Sometimes we can’t offer a No-Win, No-Fee agreement, but we can help with alternative or deferred payment structures. If you want to know whether your case is eligible, all you need to do is ask at your FREE initial consultation.

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Litigation & Dispute Resolution

If you or your business is involved in a commercial law dispute, our team of experienced litigators can help you manage and resolve the disagreement –  regardless of its nature, size or complexity.

Disputes are a fact of life. Not as inevitable as death or taxes, but just as devastating to your business and personal life. When disputes arise, often people try to deal with them without professional help. This is similar to deciding to remove your own inflamed appendix with kitchen tools, a medical text book and a mirror.

Whether it is by arbitration, mediation or through the courts, we will provide professional expertise and guidance to produce the best practical, workable and affordable solution.

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Compensation

If you are injured at work, on the road, or due to the negligence of others, we can advise you on your rights.

Nothing destroys dreams like an unexpected injury. We can’t turn back time, but we can help you to secure your legal entitlements. We will help you to improve your quality of life, resurrect your dreams, and move on with respect and dignity.

Often this means fighting for your rights – a challenge we are equipped and ready to take on!

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Medical Law

Sometimes in medical treatment you may not get the outcome you expected, the care you received wasn’t acceptable, or a problem wasn’t identified. Other times, there may be issues with the nature and quality of medical equipment used.

If you or someone you know has been impacted by these circumstances, we may be able to help you get back on your feet and recover some, or all, of your losses. Our team of lawyers have exceptional reputations, and are experienced in enforcing your legal rights and entitlements.

We offer an honest and free assessment of your prospects and, if you have a reasonable claim, we will back our advice with a No-Win No-Fee agreement.

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Estate & Will Disputes

Managing Estate and Will disputes can be an emotional process. When a loved one passes, our experienced team can guide and support you through every step, making the process as stress-free as possible.

You can’t write or revise your Will after you pass away, so please take the time to make a considered and professionally drafted Will before this time.

However, Will’s can be challenged due to changed financial circumstances, remarriage, altered relationships and disability. Sometimes a court may reinterpret a deceased’s Will simply due to a challenger’s hubris and self-confidence.

When this happens, expert professional advice is essential in bringing about a workable, economical and just result.

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Traps on the Borders

Cases involving damages across State borders, and therefore different Australian State laws, have an inherent amount of risk. A comprehensive understanding of the laws governing all affected jurisdictions, and how they interact, is necessary in ensuring that clients do not end up with a sub-standard result.

In John Pfeiffer Pty Ltd v Rogerson [2000] HCA 36 the High Court confirmed that in Australia the law of the place where the tort occurred was the law that governed action on that tort. Putting aside for a moment issues of just where the tort occurred or whether there is an action in contract or pursuant to Australian Consumer Laws, this usually means that the law of the place where the accident happened is the law to be applied in any action to recover damages.

Well that seems simple enough but consider the following scenario, not uncommon, where a worker employed in NSW has an accident in Victoria at a workplace controlled by a third party who may have been negligent and contributed to the accident.

The accident occurred in Victoria so the laws of that state govern, in as much as the claim rests upon the law of tort, the Plaintiff’s rights. However, the worker would usually initially seek to recover statutory benefits pursuant to workers compensation legislation. Perhaps these statutory rights in Victoria are superior to the NSW Legislation. Can a claim be made for workers compensation under the Victorian Statutory Scheme? Probably not, as Section 9AA Workers Compensation Act NSW will be enlivened if the employment is usually connected to NSW or one of the other conditions is satisfied and so there is no entitlement to make a claim under the Victorian Scheme.

Well what about an action for damages against the employer. Assuming the employer’s negligence at least partially contributed to the accident can an action be pursued against the employer under the more lucrative Victorian Law. After all the High Court has said that Victorian Law is the applicable law. Again, the answer is probably not as the effect of Section 129 MA Accident Compensation Act (Victoria) boots the action back to the substantive law of the State where the statutory workers compensation rights are paid, NSW. Part 5 of the abovementioned NSW Act will govern the right to a damages claim which means that the worker is restricted to recovery of past and future economic loss.

Well maybe not all is lost if the third party, resident in Victoria, is also liable for contributing negligently to our worker’s accident. Such an action is governed by Civil Liability legislation and in Victoria this is called the Wrongs Act. There is no reason why an action cannot be commenced but should it be commenced against the third party only or the employer and the third party. This can only be determined after an exhaustive examination of the facts and how they relate to a cause of action and how other legislation, such as Section 85 Accident Compensation Act or Section 151 Z Workers Compensation Act may apply.

This is just one small example of the issues that may arise. The circumstances may be reversed, and this raises completely different issues.

There are many more examples.

A claim for damages for an accident in PNG for a worker employed by a Victorian company can be prosecuted in an appropriate mainland Supreme Court under PNG common law which has a 3% discount rate and no thresholds for various heads of damage but the Victorian statutory workers compensation scheme does not indemnify the employer.

In Yarham (TAC of Victoria v Yarham [2016] NSWSC 1791) Hall J declared that in a NSW motor vehicle accident involving an employee of a Victorian company the law of NSW did not apply and the substantive law was the law of Victoria.

This decision was later overturned by the NSW Court of Appeal but the decision itself indicates the complexity of the relationship of interstate laws.

Time limits for commencing an action for damages are not consistent across the states as are the preconditions for an entitlement to a damages claim.

Being resident in a border city and having been involved for many years with injury claims for clients in all mainland jurisdictions I have witnessed the formulation of the current statutory schemes and common law and have had a good deal of experience in navigating what is sometimes complicated, confusing and conflicting rights. Often the Defendants’ lawyers, accustomed to litigating in their own jurisdiction, are just as confused by these situations. Unhappily on several occasions judges have also been led into error.

Being based in Albury Wodonga, a border city, means our team are familiar and experienced with navigating these complicated, confusing and conflicting laws.

If you have a situation where you may be struggling with cross-border jurisdictional issues, we are ready to help. Whether you’re after formal advice, a referral, or simply wish to clarify an issue, contact us for professional assistance.

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Albury Office

Suite 5
491 Smollett Street
Albury, NSW 2640
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(02) 6058 6300
enquiry@dcalaw.com.au

Wodonga Office

Suite 3
69 Hovell Street
Wodonga, Vic 3690
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Sydney Office

Suite 9 Level 3
154 Elizabeth Street
Sydney, NSW 2000

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