To get the compensation you deserve for injuries suffered in a no-fault accident, you must first understand the law that will determine your outcome. They can happen to anyone, at any time and usually when we’re least expecting it. Accidents happen to the best of us but what really hurts, is when we get injured through no fault of our own. Now, first of all, to set the records straight, in not all but a lot of instances, if there’s not a person, organisation, or another external factor at fault for causing your injuries you most probably won’t be entitled to an award of damages. Now that parts ..read more

Unlike in some other countries, Lawyers in Australia do not take a ‘predetermined’ percentage of your compensation if they win your no win no fee case. In fact, doing so is highly illegal. So how much do no win no fee lawyers take then? This guide covers everything you need to know about ‘billing’ in personal injury cases. How much do lawyers generally take in Australia? Because each state throughout Australia is covered by legislation which places a cap on legal costs, the answer to this question is not so clear cut. However, in the simplest terms, the amount a no win no fee lawyer can take w ..read more

If your claim is accepted because you are unable to work due to illness or injury you’re probably wondering how long does Workcover payments last for before being cut off? If that’s the case, you have come to the right place. This page has been written specifically for those who are currently receiving weekly benefits. Did you know that most people on weekly payments are unaware that they are also eligible for a lump sum payout?  WorkCover weekly payments Your employer is required by law to pay you weekly WorkCover payments on your usual payday and in the usual manner. In fact, if an empl ..read more

Injury scale values are commonly used in some jurisdictions throughout Australia to assist in calculating the level of compensation for a personal injury. How do injury scale values work? Injury scale values or ISV’s as they are commonly known are numerical values on a scale from 0-100 which categorise injuries and the burden associated with such injuries to the sufferer and their loved ones. For example, a severe brain injury may carry a rating of between 71 and 100 while a minor hand injury carries a rating on between 1 and 10. To put ISV’s in the most simple terms, 0 meaning not injured and ..read more

Navigating the workers’ compensation system in Western Australia can be a difficult task, even for some experienced lawyers. With that in mind, it’s important to find someone who’s won more than their fair share of cases in the same jurisdiction in which you became injured. Keep it local The worker’s compensation system varies tremendously from state to state throughout Australia. Given that, instructing a lawyer who has only handled a couple of workers compensation cases in WA could spell disaster for your claim. For example, you may have suffered an injury which would not meet the threshold ..read more

In Australia, injury at work claims can be made in a number of ways depending on an individual’s injuries and how they came about. Millner and Knight have experts in Sydney, Melbourne, Brisbane and Perth. What are your rights if you have suffered an injury at work? If you are deemed an eligible/insured worker, you may be entitled to make a statutory claim or a common law claim to cover or recover your financial losses. 1. Statutory claims Usually, only minor injury claims fall under statutory law. Under statutory law, compensation is designed to bridge the gap between injury and recovery. Gene ..read more

By Rebecca Stacy Australia is commonly accepted as being a country of great cultural diversity with many different religious beliefs. In a recent survey by the National Church Life Survey Research Partnership, it has been found that 45% of Australians agree with the suggestion that ‘there is something beyond this life that makes sense of it all.’1 This high percentage of religious individuals raises discussion on the rights of parents in respect to religious beliefs and who should decide what is best for the children of religious families when conflict arises. There has been much development i ..read more

Material facts Ms Lyons, a deaf but proficient lip reader, was summoned for jury service. After which, she informed the Deputy Registrar that she required the assistance of two Auslan interpreters to participate as a juror. Following confirmation from the Sheriff at the Brisbane Supreme & District Courts, the Deputy Registrar acting in accordance with s 4(3)(l) of the Jury Act 1995 (Qld) excluded the appellant as a potential juror.[1] Subsequently, Ms Lyons filed complaints, alleging she was, directly and indirectly, discriminated against under the Anti-Discrimination Act&nb ..read more

In some instances when a lawyer can’t run your case via no win no fee taking out third-party litigation loan is one way of funding a claim. What is a litigation loan? Litigation funding is when a business, plaintiff or lawyer reaches out to a third-party funding organisation to loan money for any legal costs. Technically these types of capital advances aren’t actually considered loans because the advance is conditional in nature and is only to be repaid by the plaintiff following a successful claim for compensation. There are many different names for this type of funding, including legal finan ..read more

Conditional cost agreements “CCAs” promise litigants a way of funding litigation with little to no financial exposure. Often marketed as No Win No Fee, CCA’s help plaintiffs and defendants who choose to not fund or cant afford to fund their legal proceedings What is a CCA? Conditional Costs Agreements refer to a legal document made between a law firm and a litigant whereby the legal costs payable are conditional on the successful outcome of the legal matter to which the costs relate. History of Conditional Costs Agreements In the past solicitors were formerly prohibited from offering ..read more