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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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INJURED AT WORK

Have you suffered an injury at work? We can assist you in ensuring that you receive your entitlements and know your rights so that you can focus on your recovery. We have seen all sorts of injuries and know that 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.

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MOTOR VEHICLE ACCIDENTS

Have you been involved in a motor vehicle accident? Whether you were a driver, rider, passenger or pedestrian, we can assist you in a claim for compensation. Accidents can be lifechanging and may feel overwhelming. Our experts can guide you through the process and help you get back on track as quickly as possible.

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INJURED IN A PUBLIC PLACE

Did you know that you may have a claim for compensation if you sustain injury in a public place? This might include buildings, footpaths, retail premises, rental properties or the like if the owner has been negligent. However your injury occurred, we can advise and assist you in being compensated for your loss to ensure your needs are met.

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MEDICAL NEGLIGENCE

If you have suffered as a result of improper care by a medical practitioner you may be eligible for compensation. This can include a lack of treatment or advice, failure to diagnose a condition or performing a medical procedure without your consent. Our experts can advise and assist you to get your life back on track.

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SUPERANNUATION WHEN YOU CAN’T WORK

Most people are unaware that they hold insurance with their superannuation fund usually in the form of disability insurance. We can investigate any insurances you may hold to access a lump sum payment to assist with your ongoing expenses when you can’t work. Whether you’ve been injured or diagnosed with an illness that prevents you from being able to work, you may be eligible to make a claim.

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INSTITUTIONAL ABUSE

We understand that suffering from physical and sexual abuse can be lifechanging. If you were abused as a child through a church, school, juvenile justice centre, or another institution, we may be able to assist you with making a claim for compensation.

Whilst we cannot change what you have experienced, our lawyers can help you get the compensation, acknowledgement and apology you deserve.

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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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Suite 5
491 Smollett Street
ALBURY NSW 2640
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Level 3, Suite 3F
111-113 Hume Street
WODONGA VIC 3690

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