Insights

Considering lodging your own partner visa? Here’s what you need to know before you risk thousands.

Applying for a partner visa in Australia is a major commitment — emotionally, legally, and financially. With the visa application charge now (1 July 2025) at $9,365, it’s understandable that many couples consider lodging the application themselves to save money.

But here’s the reality: mistakes in your application can cost far more than professional advice ever would.

At YourLawyer, we’ve seen the heartbreak and financial loss caused by errors that were entirely avoidable. If you’re considering going it alone, here are the most common — and costly — mistakes to avoid.

Call us on 03 9870 8777 or send us a message.

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Inconsistent or Conflicting Information

Even small discrepancies in dates, addresses, or timelines can raise red flags. Immigration officers cross-check your statements, documents, and evidence. If anything doesn’t align, your application could be refused — and your $9,365 won’t be refunded.

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Weak or Incomplete Relationship Evidence

A few photos and a marriage certificate won’t cut it. You need to demonstrate that your relationship is genuine and ongoing — across four key areas: financial, social, household, and commitment.

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Generic or Vague Relationship Statements

A strong personal statement is vital. Immigration wants to understand the unique story of your relationship. Tired templates or vague summaries often do more harm than good.

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Too Much — or Irrelevant — Evidence

Flooding your application with hundreds of pages can obscure the key facts. More is not always better — relevance and clarity are what matter most.

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Poor Timing

Lodging too early (before meeting the 12-month de facto requirement) or too late (after your visa has expired) can create serious legal issues — or lead to outright refusal.

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Missing Health or Character Checks

Omitting police clearances or medical exams can delay or derail your application. These steps are mandatory and time-sensitive — and often misunderstood.

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Ignoring Department Requests

If immigration contacts you asking for more information and you miss the deadline, your application may be refused without warning. It’s up to you to monitor correspondence and act promptly.

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Dishonesty or Misrepresentation

Even accidental errors can trigger Public Interest Criterion 4020, leading to visa refusal and a ban of up to 10 years. It’s crucial to be truthful — and to know how to present your case accurately.

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Sponsor Mistakes

Your sponsor has specific responsibilities. If they miss key steps or provide incorrect information, your entire application can be compromised.

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Misunderstanding Bridging Visa Conditions

Don’t assume you can travel or work freely while your application is being processed. Bridging visa conditions vary — and getting them wrong can result in compliance issues or visa cancellation.

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Why Professional Help Pays Off

We understand the temptation to save money by doing it yourself. But when the stakes are this high, professional help isn’t a luxury — it’s an investment in your future.

At YourLawyer, we know what immigration decision-makers are looking for. We help you prepare a strong, accurate application that avoids delays, refusals, and unnecessary stress.

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Book Your $275 Initial Consultation

Before you risk $9,365, get expert advice from professionals who handle these applications every day.

For $275, we’ll assess your eligibility, review your options, and highlight any issues — so you can move forward with confidence.

Contact YourLawyer today to book your initial consultation.

Your future together is too important to leave to chance.

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Why Choose YourLawyer?

• Personalised, Boutique Service
  We’re a small, local firm that takes the time to understand your story. You’re not just a case number — we listen, we advise, and we support you throughout.

• Expert Support
  Whether you see our migration agent or one of our lawyers, you’ll receive up-to-date, honest advice backed by experience.

• Clarity and Care
  We explain the process, what evidence is needed, and what to expect — so you’re not left guessing.

• Flexible Appointment Options
  Consultations available in Ringwood, by phone, or by video — whatever suits you best.

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What You’ll Get in Your $275 Consultation:

• A full review of your eligibility and visa options

• Discussion of your relationship evidence

• Answers to your questions about timing, costs, and next steps

• A clear outline of how we can assist further, if you wish to continue

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Get in Touch

Book your consultation today and take the first step towards your future together.

Call us on 03 9870 8777 or send us a message.

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YourLawyer – Personal service. Local knowledge. Reliable advice.
Based in Ringwood. Supporting clients Australia-wide and overseas.

Can You Seek Compensation Directly from the Offender?

If you’ve been the victim of a crime, you may be able to receive compensation directly from the person who committed the offence. This type of compensation is separate from government-funded schemes and holds the offender accountable for the harm they caused.

What Can You Claim?

You can ask the court to order the offender to pay you for:

• Injuries: Physical or emotional harm caused by the crime.
• Pain and Suffering: Any distress or trauma you’ve experienced.
• Damage to Property: If your belongings were lost or damaged during the incident.

Crime Compensation – How Does It Work?

Once the offender has been found guilty or convicted, YourLawyer can make a request to the court for compensation. You’ll need to show evidence of the harm or loss you’ve experienced, such as medical records, receipts, or photos of damaged property.

If the court agrees, it can order the offender to pay compensation. However, whether you actually receive the money can depend on whether the offender has the ability to pay.

There are time limits on applying for crime compensation. You need to act quickly.

Is This Right for You?

This option might feel empowering because it directly ties the offender to making amends for what happened. However, it’s important to know that this type of compensation is different from state-funded support and can take time, especially if the offender doesn’t have the resources to pay.

If it is clear that the offender has funds, YourLawyer can provide this service on a no win, no fee basis.

If you’re unsure about whether this is the right step for you, our team can guide you through your options and help you make the best decision for your situation. You don’t have to navigate this alone—reach out to us today for caring and personalised support.

A ground-breaking study has debunked the myth that parents kill their children in random acts of violence, shedding light on the alarming and persistent issue of filicide— the killing of one’s child.

This study, conducted by Australia’s National Research Organisation for Women’s Safety (ANROWS) and the Australian Domestic and Family Violence Death Review Network, underscores the need for a comprehensive societal response to protect the most vulnerable.

Filicide is the second most common type of domestic homicide in Australia, following deaths involving intimate partners. Despite a decline in other forms of domestic homicide, the filicide rate in Australia remains steady at approximately 20 cases per year. From July 2010 to June 2018, there were 113 filicide cases involving 138 child victims, with 76% of these cases occurring within a context of domestic and family violence.

The study also calls for greater recognition of surviving siblings as under-researched victim-survivors and advocates for community-wide education on the effects of family violence on children. Governments are urged to take urgent action to overhaul how they work with Aboriginal and Torres Strait Islander communities.

The study underscores the need for a focus on regional and remote areas of Australia, where domestic and family violence is more frequent and severe. In these close-knit communities, accessing victim or perpetrator services discreetly can be challenging, and reporting violence may be uncomfortable or unsafe due to a lack of anonymity.

If you, or someone you know, are a close family member of a victim, please know that support is available. Each Australian state has its own scheme to assist victims. Here in Victoria, we offer our services to help you navigate the Victims of Crime Assistance Tribunal (VOCAT) process to access the support available. It’s a free service for close family members of victims of filicide. Please don’t hesitate to reach out; the scheme is here to help you.

Read more.

Australian Domestic and Family Violence Death Review Network data report: Filicides in a domestic and family violence context 2010–2018

 

YourLawyer is a boutique law firm giving a more personalised approach. You have direct communication with your lawyer, rather than being passed off to a junior associate or paralegal.

Smaller caseloads mean the lawyer can dedicate more time and resources to your case. This often results in more thorough investigations, better preparation, and stronger representation.

Build a stronger relationship with your lawyer, fostering trust and better communication. This is crucial in sensitive and personal matters like personal injury cases.

We offer a more client-centred approach, with a focus on achieving the best possible outcome for you rather than just high-volume case processing.

The value we provide, through personalised and expert service, leads to more favourable outcomes.

Boutique firms can often adapt more quickly to changes and specific client needs, offering a more flexible and responsive service compared to larger firms with more rigid structures.

Lawyers at YourLawyer have significant experience and a proven track record in their fields, providing high-quality representation and expertise.

We rely on our reputation and word-of-mouth referrals. This drives a commitment to excellence and client satisfaction, as our business model depends on positive client experiences and successful outcomes.

 

 

Contact us today or call (03) 9870 8777

YourLawyer is proud to announce a major milestone as we celebrate a decade of dedicated service in providing legal assistance to victims of crime. This occasion comes with great pride and gratitude for the opportunity to stand alongside victims on their journey towards justice and healing.

Since our inception, we have remained steadfast in our commitment to supporting those affected by violence, and our recent achievement of assisting our 7,500th applicant in January of this year is a testament to the impact of our work.

We extend our deepest gratitude to all those within the victims assistance network who have entrusted us with referrals. Your continued support has been invaluable in our mission to provide comprehensive legal support to those affected by violent crime.

As we reflect on the past ten years, we are humbled by the trust placed in us by victims and referrers alike. It has been an honour to play a role in advocating for the rights of victims and providing them with the guidance and support they need during their time of need.

Looking ahead, we remain committed to our mission of serving victims of crime with compassion, dedication, and integrity. We are grateful for the opportunity to continue making a difference in the lives of those affected by violence, and we look forward to the journey ahead.

At YourLawyer, we understand that legal representation extends far beyond courtroom battles and paperwork. It’s about advocating for individuals who have experienced trauma, guiding them towards justice, healing, and a brighter future. That’s why we’re proud to embrace trauma-informed practice as a cornerstone of our approach.

Trauma-informed practice isn’t just a buzzword – it’s a fundamental shift in perspective that acknowledges the prevalence and impact of trauma on individuals’ lives. Whether our clients are victims of crime seeking assistance under Victoria’s state-funded scheme, individuals navigating injury compensation claims, or people seeking to migrate to Australia, they often carry the weight of past experiences that can profoundly affect their well-being and ability to engage with the legal process.

So, what does trauma-informed practice mean for us at YourLawyer? It starts with our commitment to continuous learning and development. All our lawyers undergo externally provided industry-leading trauma awareness training. This equips us with the knowledge and skills to recognise the signs of trauma, respond with sensitivity and empathy, and create a safe and supportive environment for our clients.

But it doesn’t stop there. Trauma-informed practice is woven into every aspect of our interactions with clients. From the moment they contact us, they are met with understanding and respect. We meet them in the way that best meets their needs. We take the time to listen, validate their experiences, and empower them to make informed decisions about their legal journey.

This approach is especially crucial for victims of crime and injury compensation clients. These individuals have already endured immense hardship, and the legal process can often feel like a daunting and retraumatizing experience. By adopting a trauma-informed approach, we aim to mitigate further harm and ensure that our clients feel heard, supported, and empowered throughout the process.

At YourLawyer our goal is to make a positive impact in the lives of our clients. By embracing trauma-informed practice, we’re not only providing better legal representation, but we’re also fostering healing, resilience, and hope. Together, we’re paving the way towards a brighter future for those we serve.

If you or someone you know is in need of legal assistance, we’re here to help. Contact us today to learn more about our trauma-informed approach and how we can support you on your journey to justice and healing.

In a heart-wrenching incident that shook the community, Bekkie-Rae Curren-Trinca lost her life at the hands of her former partner, Paul McDonough, in November 2019. Now, her sister, Demi Trinca, is taking a stand to ensure that no other family has to endure such tragedy. Demi believes that if she had been alerted to McDonough’s early release from custody, her sister’s life might have been spared. This tragic incident highlights the crucial role of the Victorian Victims Register in empowering victims of violent crimes.

The Victorian Victims Register is a vital service for victims of violent crimes in Victoria, Australia. It offers victims the opportunity to receive updates about the offender’s sentence, including their release into the community on parole, the end of their sentence, and any placement on supervision or detention orders. This service is designed to keep victims informed and provide them with a sense of security and control over their circumstances.

However, currently, victims must opt-in to this system to receive notifications. Demi Trinca is advocating for a change, suggesting that this information should be readily available to victims without them having to actively seek it. She believes that if her sister had known about her former partner’s release, she would have left Warrnambool and not found herself in the dangerous situation that ultimately cost her life.

The tragic case of Bekkie-Rae Curren-Trinca underscores the urgent need for greater awareness and utilisation of the Victorian Victims Register. This system can play a pivotal role in preventing future tragedies by keeping victims informed and empowered to make safer decisions for themselves and their families.

To ensure that victims are fully aware of their rights and options, it’s essential to engage with the Victims Assistance Program case workers and lawyers, such as YourLawyer, who support victims of crime. These professionals can provide support, guidance, and assistance in completing the application form for the Victims Register.

In memory of Bekkie-Rae Curren-Trinca, it’s time to rally behind the cause of victim empowerment and awareness. Let’s advocate for broader knowledge about the Victorian Victims Register, making it an integral part of the support systems available to victims of violent crimes. By raising awareness and promoting its utilisation, we can honour Bekkie-Rae’s memory by working towards a safer, more informed, and empowered community for everyone.

 

(Photo credit: Facebook)

Sally (pseudonym), a victim of family violence, initially received our assistance in applying for funding from the Victims of Crime Tribunal (VOCAT) to cover counselling expenses following the incident. Recognizing the importance of safeguarding herself and her children from the offender, Sally sought a family lawyer, and we successfully obtained funds from VOCAT to pay her legal fees in the IVO Hearing.

While Sally aimed to resolve the matter in a manner that prioritized the safety and well-being of herself and her children, the other party’s lack of cooperation led the case to court. Throughout these proceedings, Sally incurred significant legal expenses with her family lawyer.

Understanding that these proceedings were a direct result of Sally’s efforts to escape further harm, we presented a compelling case to VOCAT. After several months of deliberation, and with Sally’s financial situation growing desperate, there was a moment of great relief. The Tribunal Member, demonstrating extraordinary compassion, exercised their discretion and awarded the remaining funds towards Sally’s family law bill. Remarkably, this case stands out as one of the rare instances where the Tribunal granted the entire available pool of funds ($60,000) to the applicant.

Although Sally continues to face various challenges in her life, thanks to the compassionate nature of the Magistrate sitting as a Tribunal Member on VOCAT, her legal bill and the safety of her children are no longer among them. This outcome brings immense relief and hope for a brighter future.

In a small town in eastern Victoria resides an 80-year-old individual we’ll refer to as “Liam.” Overwhelmed by a profound sense of solitude, Liam finds himself living far away from his loved ones. With cherished family members scattered across the UK, US, and Ireland, the COVID-19 pandemic rendered his reunion plans indefinitely postponed. However, an unexpected turn of events brought him face-to-face with adversity.

Recently, Liam experienced a devastating aggravated robbery that targeted his home and resulted in the loss of his life savings—$20,000 set aside for a much-anticipated overseas trip. Crushed by this sudden loss, he found himself grappling with the heartbreaking notion of never seeing his family again or returning to his Irish roots.

Amidst the despair, a glimmer of hope emerged. At YourLawyer, our dedicated team recognised the significance of family bonds and the profound impact a reunion could have on Liam’s life. We made a heartfelt application on his behalf to the Victorian Victims of Crime Assistance Tribunal (VOCAT), determined to restore his dream.

We are overjoyed to share that our endeavours bore fruit. Although property is not covered under the scheme, within a month of the application being filed, VOCAT acknowledged the emotional toll inflicted upon Liam and recognized the immense value of reconnecting with his beloved family. In a heart-warming turn of events, VOCAT awarded him $14,000 toward his journey—a symbolic gesture empowering Liam to embrace the support he deeply yearned for and to revisit his cherished Irish homeland once more.

With renewed optimism, Liam is now meticulously planning a six-month sojourn overseas. This meaningful journey will not only provide him with the much-needed solace and care from his family but also gift him with unforgettable memories to treasure.

At YourLawyer, we hold steadfastly to the belief that compassion and advocacy can transform lives. We remain committed to standing alongside those in need, fighting for justice, and helping dreams flourish.

If you or someone you know has experienced a similar situation, we are here to help. Contact us today to explore how we can assist you in navigating the path toward healing, support, and realising your dreams.

 

If you have been injured in an accident in Victoria, it’s important to know that you have a limited amount of time to file a claim for compensation.

The time limits for making a claim can vary depending on the type of accident and the type of claim you are making. In this article, we will explore the time limits for filing claims for TAC, WorkCover, public liability, and Superannuation in Victoria.

TAC Claims

If you have been injured in a transport accident in Victoria, you may be eligible to make a claim through the Transport Accident Commission (TAC). The time limit for lodging a TAC claim is generally within 12 months of the date of the accident. However, there are exceptions to this rule, such as when the injury is not immediately apparent, and it is important to seek the advice of a TAC lawyer to ensure that you meet the applicable time limits.

WorkCover Claims

If you have been injured at work in Victoria, you may be eligible to make a claim through WorkSafe Victoria. The time limit for lodging a WorkCover claim is within 30 days of the injury occurring. If you do not notify your employer of your injury within 30 days, you may still be able to make a claim within six months of the injury occurring. However, there are exceptions to these time limits, and it is important to seek the advice of a WorkCover lawyer to ensure that you meet the applicable time limits.

Public Liability Claims

If you have been injured due to the negligence of another party in a public place, you may be able to make a claim for compensation under public liability insurance. The time limit for lodging a public liability claim in Victoria is generally within three years from the date of the injury. However, there are exceptions to this rule, and it is important to seek the advice of a public liability lawyer to ensure that you meet the applicable time limits.

Superannuation Claims

If you are unable to work due to injury or illness, you may be eligible to make a claim through your superannuation fund for total and permanent disablement and/or income protection. The time limit for making a superannuation claim can vary depending on the terms of your policy.

Conclusion

If you have been injured in an accident in Victoria, it is important to seek legal advice as soon as possible to ensure that you meet the applicable time limits for making a claim. The time limits for filing claims for TAC, WorkCover, public liability, and Superannuation can be complex and vary depending on the circumstances of your case. A qualified lawyer can help you navigate the legal requirements and ensure that you meet the applicable time limits. Failing to meet the time limits can result in your claim being rejected, so it is important to act quickly to protect your rights. If you have been injured, don’t hesitate to seek legal advice to ensure that you are able to pursue the compensation you deserve.

If you have been injured in an accident, one of the first questions you may have is “Do I have a case?”

This is an important question, as the answer can determine whether or not you are able to pursue compensation for your injuries. In this article, we will explore the factors that can help determine whether or not you have a valid personal injury claim.

Negligence and Duty of Care

Personal injury claims often arise from accidents caused by someone else’s negligence. For example, a driver who runs a red light and causes an accident, a property owner who fails to fix a dangerous condition, or a medical professional who provides substandard care. In order to have a valid personal injury claim, there must be a breach of a duty of care owed to you by the other party.

Causation

There must be a causal link between the other party’s breach of duty and your injuries. This means that you must be able to demonstrate that the other party’s actions or inactions caused your injuries. For example, if you were injured in a car accident caused by a driver who ran a red light, you must be able to show that your injuries were caused by the accident.

Damages

Finally, you must have suffered damages as a result of your injuries. Damages can include medical expenses, lost wages, and pain and suffering. These damages must be significant enough to warrant pursuing legal action.

Consulting with a Personal Injury Lawyer

Determining whether or not you have a case can be complicated, and it is important to seek the advice of a qualified personal injury lawyer. A lawyer can assess the specific circumstances of your case and advise you on the best course of action.

During an initial consultation, a personal injury lawyer will ask you questions about the circumstances surrounding your injury, including how the injury occurred, the extent of your injuries, and the damages you have suffered. The lawyer will also investigate the accident and gather evidence to support your claim.

If the lawyer determines that you have a valid personal injury claim, they will work with you to negotiate a settlement with the other party or their insurance company. If a settlement cannot be reached, the lawyer may file a lawsuit and represent you in court.

Conclusion

If you have been injured in an accident, determining whether or not you have a case can be difficult. However, by considering the factors outlined above and consulting with a qualified personal injury lawyer, you can determine whether or not you have a valid personal injury claim. If you do have a valid claim, a lawyer can help you pursue the compensation you deserve for your injuries. Contact us to speak to a personal injury lawyer.

Are you looking to bring your family to Australia? There are several family visa options available that can help you reunite with your loved ones.

In this article, we’ll provide a guide to the family visa options available in Australia, the application process, tips for a successful application, and updates on any changes to visa policies.

Visa Options

There are several family visa options available in Australia, including:

1. Partner visas: for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens.
2. Parent visas: for parents of Australian citizens, permanent residents, or eligible New Zealand citizens.
3. Child visas: for dependent children of Australian citizens, permanent residents, or eligible New Zealand citizens.
4. Other family visas: for other eligible family members, such as siblings or grandparents.

Application Process

The application process for family visas can be complex and time-consuming. Here are the general steps you will need to follow:

1. Check your eligibility and select the appropriate visa option.
2. Gather all the necessary documents, including proof of identity, relationship, and financial support.
3. Lodge your application online or via mail.
4. Pay the visa application fee.
5. Attend a health examination and provide biometric information (if required).
6. Wait for a decision on your application.

Tips for a Successful Application

To increase your chances of a successful family visa application, here are some tips to keep in mind:

1. Submit a complete and accurate application.
2. Provide all the required documents and information.
3. Meet the eligibility requirements.
4. Be honest and transparent in your application.
5. Follow the instructions provided by the Department of Home Affairs.

Updates on Visa Policies

It’s important to stay up to date on any changes to family visa policies that may affect your application. The Department of Home Affairs regularly updates their website with information on changes to visa policies, so make sure to check their website regularly.

Conclusion

Bringing your family to Australia can be a wonderful experience, but the visa application process can be daunting. If you need help navigating the process, contact us for expert migration assistance. We can guide you through the application process and help you reunite with your loved ones in Australia.

 

Australia is a popular destination for people looking to study, work, or start a new life. However, before you can make your dream a reality, you need to go through the visa application process. In this post, we’ll provide a guide to Australian visa options, the application process, tips for a successful application, and updates on any changes to visa policies.

Visa Options

There are several visa options available for people looking to migrate to Australia, including:

1. Skilled visas: These visas are for people who have skills and qualifications that are in demand in Australia. Examples include the Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190), and Skilled Regional visa (subclass 491).
2. Family visas: These visas are for people who have family members living in Australia. Examples include the Partner visa (subclass 820/801), Parent visa (subclass 103), and Child visa (subclass 101).
3. Student visas: These visas are for people who want to study in Australia. Examples include the Student visa (subclass 500) and Student Guardian visa (subclass 590).
4. Business visas: These visas are for people who want to start or invest in a business in Australia. Examples include the Investor visa (subclass 891) and Business Innovation and Investment visa (subclass 188).

Application Process

The application process for a visa can be complex and time-consuming. Here are the general steps involved:

1. Determine the visa you want to apply for.
2. Check the eligibility requirements and gather all the necessary documents.
3. Lodge the application online or by mail (as required).
4. Pay the visa application fee.
5. Attend a health examination and provide biometric information (if required).
6. Wait for a decision on your application.

Tips for a Successful Application

To increase your chances of a successful visa application, here are some tips to keep in mind:

1. Submit a complete and accurate application.
2. Provide all the required documents and information.
3. Meet the eligibility requirements.
4. Be honest and transparent in your application.
5. Follow the instructions provided by the Department of Home Affairs.

Updates on Visa Policies

It’s important to stay up to date on any changes to visa policies that may affect your application. The Department of Home Affairs regularly updates their website with information on changes to visa policies, so make sure to check their website regularly.

Conclusion

Applying for a visa can be a daunting process, but with the right information and guidance, it can be a smooth and successful experience. If you’re unsure about which visa option is right for you, or need help with your application, contact us for expert migration assistance.

By Belinda Nasr

What is more difficult than negotiating with one defendant? Negotiating with multiple defendants.

When defendants cannot agree on contribution the plaintiff is left to endure pointless mediations without any real prospects of resolution.

We are taught to think that contribution between defendants is an issue between the defendants and not for the plaintiff to involve themselves. I disagree. If plaintiff lawyers are too passive during this phase, they run the risk of having to bear the defendant’s trial costs in the event the party should have been let out of the proceedings.

If there are contribution disputes between defendants, the chances of resolving the case prior to trial are slim. Where a defendant is convinced they should not be a party to the proceedings, negotiations over contributing 10%, 20%, 30% are irrelevant to them. Defending parties readily reach a stalemate to the detriment of the plaintiff. When one defendant is completely denying liability, extra attention should be made to ensure all defendants are aware of the plaintiff’s argument of liability.

In my opinion, there is merit to work in tandem with the defendants to resolve the impasse. Either to “team up” with the admitting defendant to prove that the non-admitting defendant is liable or the other way around. I have seen success in the past with teaming up with defendants in joint applications for discovery. Further requests for discovery may result in the conclusion that one defendant should be let out of the proceedings.

This becomes increasingly critical once the dreaded “bear own” offer is received. At that point, your client needs to be aware of the serious consequences of not letting out a defendant that ought to be let out. If there is any doubt, the easy option is to cut your losses and let out the refuting defendant. However, in my opinion, pursuing the “teaming up” option creates the opportunity for a lot more clarity.

Despite the risk of incurring costs, it is not uncommon to put the blame on multiple parties initially. It is not until the process of discovery, and further discovery, that the plaintiff is in a position to make the decision on who should or shouldn’t be a defendant.

The ultimate question I ask is “what is in the best interest of my client?” The answer to this question guides the advice I give.

Lawyers make mistakes and we don’t always get it right with nominating defendant parities however you need to expend the energy to keep defendants in that should be in, and be willing to let defendants out that should be out. This is the effort that allows for you to act in the best interest of your client.

 

For further information or to discuss the contents of this article, please contact Belinda Nasr of YourLawyer.

If you are injured at work, you may be eligible for several forms of support and compensation:

• WorkCover may pay a proportion of your weekly earnings
• If your injury is permanent, you may be entitled to a lump sum payment
• If the employer was negligent, you may have a claim for damages

 

You must report your injury to your employer within 30 days. Call 03 9870 8777 to speak to one of our lawyers about your situation or send us your details through our contact form.

 

Read more about workplace injuries here.

Abuse. An act of violence that has the potential to ruin lives.

There are many who would argue that, in this area of law, the legal system needs a refresh. The statute of limitations continues to be a problem for many victims wishing to seek justice for the acts of violence perpetrated against them.

For years, there have been victims of sexual abuse that have been unable to seek justice through compensation due to being Statute Barred. The time for claiming civil damages under the Limitation of Actions Act 1958 (Vic), was 6 years from the date the victim realised that they had been abused or 12 years from the date of the abuse, whichever occurred first. The problem that arose with this was that victims of this crime can spend years burying the memories of their abuse. They may be in denial. They may have been threatened not to talk about the abuse. They may be worried that the blame will be put on them. In fact, victims often spend years avoiding discussing their abuse. Everyone handles being a victim in different ways however, when they decide to seek compensation for the pain and suffering they have incurred, they are often out of time.

During the COVID-19 pandemic, there has been a spike in historical abuse cases. It is possible that isolation has made it difficult for victims to continue suppressing their memories of abuse. The thought of being alone can cause victims to have flashbacks of traumatic events experienced in their lives.

From a legal perspective, the difficulty with resurfacing claims that have been dismissed due to limitations issues is obtaining evidence to support the allegations. Missing or discarded documents, lack of witnesses and institutions that no longer exist, are all issues that can arise with offences that occurred decades ago. The reason for placing time frames on causes of action are to avoid the issues arising out of insufficient evidence. With many sexual abuse claims relying on ‘he said, she said’, evidence is critical. For years, the statute of limitations was pursued aggressively as a defense, often used to waiver low-ball offers of settlement.

Thankfully, the Limitation of Actions Amendment (Child Abuse) Act 2015 (Vic) removed the limitation periods for causes of action relating to death or personal injury resulting from child abuse. The jurisdictional limitation period was removed in respect of Sexual Abuse in ACT, NSW, NT, QLD, SA, TAS, VIC and WA. New South Wales also removed limitation periods for connected abuse, while psychological abuse was incorporated into Northern Territory, Tasmania, and Victoria. The states have incorporated the abolition of limitation periods for abuse differently, however, all states have progressed by making a change.

By removing the limitation period for historical abuse cases, a door has been opened to those victims that have now decided to speak up.

The amendment is a light at the end of the tunnel for those that wish to seek justice. Victims no longer have to feel pressured to pursue a case quickly out of fear that they will ‘run out of time’, rather they are able to take as much time as they require to heal and seek compensation when they are ready.

Technology and evidence are evolving, the definitions of abuse are evolving, but more importantly, the laws are evolving to recognise that justice should not have a time limit.

Every client has a unique story. The joy of working at YourLawyer is to walk along side our clients through this season of hope.

VOCAT recognition and assistance is a small affirmation that there are people who care. We are deeply grateful for those of you who work on the frontline in Victims Assistance Programs or as psychologists or in other forms of support. These stories may be familiar to you.

• Our client “Patricia” was a victim of family violence. She wanted to undertake study to gain a professional qualification in a related field so that she could become an advocate and educate others. YourLawyer’s VOCAT application included a request for a laptop to aid our client achieve her educational goals. This young woman is determined to recover from the act of violence and to prevent others from becoming victims.
  
  
• Stalking had reached a point for “Clare” where she felt she would never be safe if she stayed in Victoria, so she sought to move interstate. On her behalf YourLawyer applied to VOCAT for support to assist her through this stressful process. VOCAT provided financial assistance for counselling, home childcare, weighted blankets, reimbursement for relocation and storage costs and a holiday.

As each story is different, so the financial assistance provided by VOCAT is tailored for the specific circumstances of each client. We do not guarantee every client a laptop or a holiday but we will work with you to ensure that VOCAT understands the client’s needs and to seek assistance which is appropriate.

When seeking legal advice for any type of matter, it is crucial that you are honest and transparent with your lawyer.

Your lawyer will only be able to operate your file in the best way possible if you are honest with them.

For personal injury claims, clients often feel the need to hide previous injuries. Perhaps they feel that
the lawyer will not believe them if they have previous injuries that overlap with the current injuries being claimed.

This can be quite damaging to a case. Often both your solicitor and the opposing party will have to obtain a complete medical history. A history that predates your date of injury for your case.

It is crucial to understand that when a client hides these injuries, the opposing party will see that as something you are trying to hide and as a weakness in your case.

It is not uncommon to have had many injuries over your lifetime, even in the same areas.

Just because you had previous injuries in the same areas as your current injuries, that does not mean you are not entitled to compensation.

Lawyers call these type of injuries “exacerbated injuries”. Which means we know the injury was there previously but that the current incident has made the condition worse.

Honesty is crucial. There is no need to hide any previous injuries from your lawyer, your lawyer will do their best to obtain the best possible outcome for you. We are on your side.

Why it is important to listen to your lawyer’s recommendations.

When you are injured, your whole life can change. Your financial status can change. You may find yourself overwhelmed and angry at the opposing party for what has happened.

However, it is important not to let your anger for what has happened cloud your judgement in taking your lawyer’s advice when it comes to the monetary value of your claim.

It is your lawyers aim to obtain the best possible outcome for you including the amount of compensation you receive. But it is important to be mindful that when your lawyer recommends a
suitable amount of compensation, that you take their advice.

A good lawyer will always strive to settle your case outside of the courtroom. This is where reasonable offers are important.

If you have been offered a suitable amount of compensation and your lawyer advises that it is a good offer, it is important to listen to this advice when making your decision on whether to accept the offer.

Going to court can be risky! There is no rule of thumb when it comes to the amount of compensation and Jurors can be unpredictable.

Sometimes rejecting a reasonable offer can lead to you being ordered to pay the opposing party’s costs.

It is important to think rationally when it comes to offers and negotiations outside of the courtroom.