One should be aware that if you are involved in an accident, where you are not at fault, you may be entitled to make a claim under the Motor Accident Insurance Act 1994. Drivers, passengers or pedestrian are entitled to make a claim if they sustain an injury due to the negligent driving of another. In the event that the vehicle at fault cannot be identified, a claim may still be pursued for personal injuries.

By law, all the vehicle owners in Queensland must have Compulsory Third Party (CTP) insurance. This means that the CTP insurer will cover the driver who is at fault or who has caused injury to another.

What you should do

Anyone who is involved in a motor vehicle accident should:

1. Alert the police immediately;
2. Seek medical attention and rehabilitation as soon as possible; and
3. Contact a solicitor to discuss your situation and your rights. This will ensure that your claim is lodged on time and in the correct form.

Further, the CTP insurance company may be obliged to cover the costs of your medical and rehabilitation treatment.

Don’t let your claim ‘slip’ away

Queensland compensation system is such that if you are injured due to the negligence of another, you will be entitled to recover all reasonable medical expenses immediately and larger sums of money at a future time, compensating you for loss of income, loss of opportunity, loss of employment prospects, future care needs etc..

When a member of a community is injured he/she tend to ignore their symptoms and carry on as though nothing has happened. Over time, their symptoms worsen and become chronic in nature as they did not receive the necessary treatment at the initial stages. Sadly, these people who are injured recognize that they need medical treatment but continue without it because they feel they are not in a position to fund this.

Ouch – What you need to tell your doctor when injury strikes

You must make sure that you go to a GP immediately after your accident and report all your injuries. As such, those people who are injured and who are not making a claim due to financial necessity, should definitely talk to us so we can assist them in working out how to make their rightful claim whilst making sure that they are financially okay.

The most common injuries I have come across are soft tissue injury, whiplash injury, back and/or neck pain.

Many clients get misled by their doctor who tell them that there is no noticeable injury in the X-Ray or scan. Just because your injury does not show up on the radiology does not mean that you are not injured! Soft tissue injuries are extremely serious if they are left untreated or ignored as they can then become chronic or permanent in nature.

At the very least, you should seek legal advice if you are injured, as soft tissue injuries can have significant impact on your income earning capacity. So often, I come across students/residents who are too afraid to make a claim as they feel they may lose their job or they keep working as they need the income to support themselves and others. It may be the case that this injury has developed over time due to the nature of your work such as heavy lifting or repetitive strain. You might feel alright just now but these injuries have a knack of playing up down the track. So it is best to seek our FREE legal advice as soon as possible.

Our role in your recovery

Our firm functions from the premise that injured people already have enough to deal with an entire claim process. We will guide you the entire way. The only thing you really need to do is obtain the best treatment for your injuries from your local GP, which is all covered by the CTP insurer. It is our job to make sure that the insurance companies will look after you as per your entitlement.

At the end of their claims, so many clients comment on how easy the claim was for them as we took care of all the headaches. All they had to worry about was getting better.

Our firm operates in such a way that it doesn’t cost you anything to make a claim. We pay for all medical reports and any other associated expenses incurred throughout the course of running your claim. These expenses, as well as our professional fees, are then recovered from the insurance company following the successful conclusion of the claim. Essentially you are not out of pocket and if anything, we will be making sure that you get money from the insurance company.

After discussing your injury with us we will be able to advise what you may be entitled to, if you should proceed with your claim.

More often than not, insurance companies will offer a bare minimum payout that may not even cover the cost of your medical expenses.

If you have been injured or would like some advice on any issue please contact us for FREE CONSULTATION.

We work on ‘No win No Fee’ basis. This means that we won’t charge any professional fees if you are not successful in claiming compensation.

For the working class in the Indian community, it is important to know that you are entitled to make a claim for compensation for injuries sustained during the course of your employment. This is regardless of whether you are paid in cash.

When bringing a claim for a work related injury it is important to note that you are not suing the employer directly, but rather suing the employer’s insurance company which is in most cases, WorkCover Queensland. It is your right as an injured worker to bring a claim for any injury sustained during the course of your employment.

As the Queensland Workers’ Compensation system is highly regulated it is recommended that legal advice is sought at an early stage in order to ensure your rights are protected.

If you have already lodged a claim for compensation with WorkCover Queensland for weekly benefits and payment of medical expenses, and you are offered lump sum offer of compensation, you need to be aware that if you accept this offer it will prevent you from pursuing a claim for common law damages.

If injured during the course of employment, WorkCover will cover you for your loss of income, for time taken off from work as a result of an injury.

Principal Solicitor of DD Lawyers has assisted many workers to achieve significant compensation settlements for various injuries.

DO NOT ACCEPT ANY OFFER OF COMPENSATION FROM WORK COVER WITHOUT FIRST CONSULTING an experienced personal injury solicitor!

Our firm operates in such a way that it doesn’t cost you anything to make a claim. We pay for all medical reports and any other associated expenses incurred throughout the course of running your claim. These expenses, as well as our professional fees, are then recovered from the insurance company following the successful conclusion of the claim. Essentially you are not out of pocket and if anything, we will be making sure that you get money from the insurance company.

After discussing your injury with us we will be able to advise what you may be entitled to, if you should proceed with your claim.

More often than not, insurance companies will offer a bare minimum payout that may not even cover the cost of your medical expenses.

If you have been injured or would like some advice on any issue please contact us for FREE CONSULTATION.

We work on ‘No win No Fee’ basis. This means that we won’t charge any professional fees if you are not successful in claiming compensation.

Conveyancing is the legal transfer of title of property from the seller to the buyer.

DD Lawyers are experienced in conveyancing of property transactions. DD Lawyers can assist you with the important legal aspects involved in buying and selling a house or any other property.

At DD Lawyers, you will experience peace of mind with its upfront and fixed fee quotes* (*conditions apply)

Buying a House or Vacant Land

Buying your dream home or buying a vacant land to build your dream home can be a daunting process if you have never done before. This will be one of your largest financial transaction and crucial decision.

We understand that buying the property involves complex legal issue which can be confusing and stressful for you. We can make you understand of what is involved to better equip you to feel confident to make your decision.

If you are buying a property, we will:

• Ensure that all of your legal rights are protected and that you get title to what you have purchased
• Investigate issues affecting the property
• Prepare legal documents to ensure transfer of title into your name
• Calculate financial adjustments including rates, water and body corporate levies
• Co-ordinate banks, solicitors and agents to ensure settlement occurs
• Effect settlement on your behalf
• Commit to keeping you informed on how the conveyance is progressing

Conveyancing Process

Our role

• We receipt the contract and contact you to discuss what to do next
• We prepare and forward you a comprehensive letter with documents for your perusal and signing
• We order Title Search & Registered Plan Search
• Notify seller's solicitor that we are acting for you
• We prepare transfer documents and forward them to the seller's solicitors for signing
• If required, we will seek an extension to condition that has yet to be fulfilled Notify Agent
• After conditions are met, your contract is now unconditional
• We order and obtain remaining searches and check all Searches
• Prepare settlement figures
• Book settlement with your financier and seller's solicitor
• Advise financier of cheque details for settlement
• Receive correspondence from us and complete and return to with a cheque for the cost of searches
• Chase up financier to ensure they are ready for settlement and have no outstanding items (ie. Fire Insurance)
• Forward balance of settlement monies to be paid to seller, stamp duty and our fees by way of bank cheques as directed by us
• Advise you of cheque details required for the settlement as soon as possible. Cheque details are dependant on all parties involved
• This could be as late as the day of settlement depending on when information is available.
• After we advise you of the cheque details, you arrange Bank Cheques for settlement, and our fees and provide these to us
• This could be as late as the day of settlement depending on when information is available.
• Attend settlement
• Send final letters to confirm details of settlement (to you and agent*)
• Contact you and agent to confirm settlement.
• Pay Office of State Revenue (stamp duty).
• Receive final letter and Tax Invoice from us after settlement
• For cash purchases, stamp the transfer and then lodge the transfer
• Send final letter to you with details of settlement figures and tax invoice for our account

ENJOY YOUR PURCHASE

Your obligations

• Take out building and public liability insurance
• Organise Building & Pest Inspections, and notify us regarding results prior to due date
• Return duly executed documents as requested
• Organise unconditional finance prior to due date and notify us the details of your financier or mortgage broker
• Provide us with details of loan and your contribution
• Arrange mortgage documents to be signed by you and delivered back to financier/broker

Selling a House or Vacant Land

If you are selling your property, we will:

• Ensure that your legal rights are protected and the transaction progresses to settlement without hassle
• Review all legal documentation and calculate financial adjustments (i.e. rates, water and body corporate levies etc.)
• Co-ordinate banks, solicitors and agents to ensure settlement occurs
• Ensure the effective release of mortgage/s with your lender/s
• Attend settlement on your behalf
• Forward proceeds by way of bank cheque or direct deposit to your nominated account
• Advise the rating authorities that you are no longer the owner of the property
• Commit to keeping you informed on how the conveyance is progressing

If you are selling a property and buying another, we can co-ordinate both contracts to ensure a smooth transition to your new property.

Process

Steps we take leading up to the Settlement

1. Contract

• We receipt and contact you to confirm the details
• We prepare and forward you a comprehensive letter with documents for your perusal and signing.
• We order Title Search.
• Notify buyer's solicitor that we are acting for you.
• We receive transfer documents from the seller's solicitors.

2. Going Unconditional

• We receive notification from buyer's solicitor that all conditions.
• Notify Agent
• Forward Land Registry Transfer documents to you for signing.
• After conditions are met, your contract is now unconditional

3. Lead Up to Settlement

• Liaise with your mortgagee to ensure they are prepared for settlement
• Prepare settlement figures
• Book settlement with your mortgagee and buyer's solicitor
• Advise buyer of cheque details for settlement
• Examine the Land Registry Transfer documents to ensure it has been correctly completed and signed and witnessed
• Contact your mortgagee to obtain the payout amount for your mortgage*
• This could be as late as the day of settlement depending on when information is available.
• Attend settlement
• Contact you and agent to confirm settlement.
• Send final letters to confirm details of settlement (to you and agent*)

Your obligations

• Contact your mortgagee to advise you are selling your property*.
• Cooperate with the buyer to allow Building & Pest Inspections*.
• Ensure that your mortgagee has commenced preparations required for settlement.
• Receive correspondence from us and complete and sign Information Statement and return to us with a cheque for the cost of the title searches
• Chase up mortgagee to ensure they are ready for settlement and that you will receive sufficient funds to discharge the mortgage*
• Confirm details of how you would like the settlement monies remaining after paying out your mortgage to be paid to you.
• Sign Land Registry Transfer documents (witnessed by a Justice of the Peace) and return to us promptly.
• Finalise your arrangements to ensure that you will have vacated the property and taken all of your possessions by the time of settlement.
• Make arrangements with the real estate agent for keys to be made available to the buyer following settlement.
• Receive final letter and Tax Invoice from us after settlement

Client Experience

External Links

• Office Of State Revenue

The Office of State Revenue (OSR) is responsible for the delivery and administration of revenue management services for State taxes, grants and subsidy schemes. Their website provides you with a wide range of information including transfer duty calculators to provide you with an indication of the transfer duty amount that will be payable when purchasing a residential property.

• Foreign Investment Review Board

The Foreign Investment Review Board (FIRB) examines proposals by foreign interests to undertake direct investment in Australia and makes recommendations to the Government on whether those proposals are suitable for approval under the Government's policy. If you are a foreign person intending to purchase property in Australia, you are likely to require FIRB approval before you enter into a contract.

• Real Estate Institute of Queensland

The Real Estate Institute of Queensland (REIQ) has been the State's leading professional association for the real estate industry since 1918. Their website provides a solid starting point for your property related research.

• RP Data Property Information

RP Data provides online information relevant to the property industry, which can assist you with your initial research on a property.

• Body Corporate and Community Management

If you are considering a purchase in a community titles scheme (a unit), this website can help you to learn about the operation of body corporates.

We can assist you through the often complex process of buying or selling your business.

When buying a business, it is important that you obtain the best legal, tax and financial advice.

You may need to take into consideration some of the important issues related to your purchase, such as:

• GST
• Lease of the premises
• Employees
• Equipment
• Stock
• Seller’s warranties;
• Transfer duty.

A lease is a legally binding agreement between a landlord and a tenant. Lease document sets out terms and conditions for the occupancy of the retail premises and the rights and obligations of both the parties to the lease.

Before you sign the lease, you should ensure that the premises and the terms and conditions are suitable for your business.

The lease describes in detail and specifies:

• The location and size of the retail shop
• The formula for calculating the rent;
• Rent review during the course of the lease;
• Contributions to outgoings;
• Permitted use and trading hours of the leased premises;
• The term of the lease and any option for a further term.

If the retail shop is in a shopping centre, the lease should also contain a plan of the centre identifying the specific premises to be leased;

A lease for a period of less than six months (short term lease) is not required to comply with the Retails Shop Lease Act 2004.

Key Money and goodwill

The Act prohibits a landlord from seeking or accepting any payment of key money or for the goodwill of the tenant’s business.

Legal and Financial Advice Reports

Tenants who lease less than five retail businesses must obtain legal advice report and financial advice report and provide completed reports to the landlord before entering into a lease or assignment of lease.

Disclosure Obligations

The Retail Shop Lease Act 2004 requires parties to fulfil their disclosure obligations by providing disclosure statements that are designed to make the essential information of the lease easy to access.

Lease Preparation Expenses

The landlord is responsible for the legal and other expenses in relation to the preparation of the lease, extension of the lease or for submission of lease for reassessment of stamp duty.

The landlord may require the tenant to pay registration fees, survey fees and reasonable expenses for obtaining mortgagee’s consent.

The landlord can pass the legal cost to the tenant (or assignee) for the assignment of the lease or for any changes to the changes requested by the tenant.

Bonds and rent in advance

Landlord may ask tenant to provide a personal guarantee or lodge a security bond or bank guarantee. Bond or guarantee may be held in trust account by the lawyers or real estate agents and must be secured.

Rent in advance must not be for more than the rent payable for one rental period under the lease.

Registration of Lease

The Property Law Act 1974 requires that the lease be registration, if the term of the lease is more than three years. Although it is not compulsory, leases of lesser period may also be registered.

Registration of the lease affords protection to the tenant if the leased premises are sold by the landlord.

Stamp duty

The Duties Act 2001 abolished duty on any new lease or renewal of a lease under with effect from 1 January 2006.

Certified copy of lease

The landlord is required to provide the tenant with a certified signed copy of the lease to the tenant within 30 days of a lease being signed.

Dispute Resolution

If there is a dispute between a tenant and landlord in regards to the lease or premises which is not resolved, either party can lodge a Notice of Dispute with the Queensland Civil and Administrative Tribunal and follow the dispute resolution process.