I tripped on a footpath. I can sue the council, right?
The short answer is, you can try, but you may not succeed. With the introduction of the Civil Liability Act 2003 (Qld), following the collapse of FAI & HIH Insurance, and the events of 11 September 2001, the Government effectively granted a high level of immunity to local authorities such as the Council and the Department of Main Roads.
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To Trial? Or Not To Trial?
Although we always endeavour to settle claims on very good terms, primarily to avoid the expense of litigation for our clients, unfortunately if the opposition has an obstinate attitude, there is no option other than to take the matter to trial.
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An Interesting Personal Injuries Case Decision
Contributory Negligence – Intoxication & Failure to Take Precautions for Own Safety. Have you ever wondered whether you can still sue for personal injuries if you had consumed alcohol prior to an accident?
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Grounds for Contesting a Will in Queensland
An eligible person may contest the Will of the deceased, if that person has been left out of the Will without proper maintenance and support from the deceased’s estate. An ‘eligible person’, (EP), is usually the deceased’s spouse, de facto, natural child or de facto child, or a person who has been financially dependant on the deceased. When considering whether the EP has the right to contest the Will, the Court will take into account a wide range of issues.
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Can I still claim if I was drunk when I was injured?
Some injuries occur as a result of common drunk mishaps. Let’s face it, we’ve all been there! However, if you suffer an injury while intoxicated it doesn’t necessarily mean that you are solely to blame. You may still be able to claim compensation if you’re able to prove that a third party has acted negligently.
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Dealing with overseas property in a marriage breakdown
Dealing with overseas assets owned by either one or both spouses, eg real estate, superannuation, or shares registered on a foreign stock exchange, can be a problem in a marriage breakdown.
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The Top 10 Dos and Don'ts When You Have a Car Accident
Never leave the scene of an accident until it is appropriate to do so. Particularly if vehicles or other property has been damaged, or someone is injured, you may face serious criminal charges for failing to remain at the scene of an accident.
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What to consider when dividing matrimonial property
Family law matters are usually traumatic experiences, often accompanied by selfish or spiteful behaviour by an ex partner. Ideally, when emotions are put to the side and the issues considered logically, the matter can be settled fairly and as quickly as possible, without the need for expensive court proceedings. It’s really about thinking with the head and not with the heart.
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