Business & Commercial

Q:I am having a problem with my builder and want another builder to finish the job. What do I do?

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Any such cases, it is essential that in the eyes of an independent tribunal that you have acted in accordance with the law. You should consider obtaining legal advice as to a suitable strategy so your rights are protected.

Q:The builder I am using has gone bankrupt, what should I do?

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You may have a claim against the Statutory Home Owners scheme, operated by the QBCC. It is essential that any claim is made based on proper grounds. You should obtain legal advice to ensure you proceed in the correct fashion.

Q:The builder has done a poor job and now won’t get back to me about rectification. What can I do?

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You will have to prove that the work is not up to standard or in accordance with your contract. If you are not sure how to do this, you should obtain further advice from a lawyer.

Q:My builder is suing me for unpaid monies, but I don’t wish to pay as he hasn’t finished the job?

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If you have been served with court documents, it is very important that you act without delay, or you may lose your rights. You will have to lodge a Response, and consider how you are going to prove your claims, or defeat the builder’s claims. Under these circumstances we strongly suggest that you seek legal advice.

Wills & Estates

Q:How Important is it to have a Will?

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Your Will is perhaps the most important document you will ever make. If you do not have a Will, you are said to die “intestate”. There are certain rules that apply in such cases as to how your estate is then divided up. These rules may not be consistent with your wishes. If you have no family, your estate will go to the Government! Further, in many cases, someone will have to apply to the Supreme Court to be granted the right to administer your estate. All of this uncertainty, cost and unfairness can be avoided if your Will is properly drawn up and signed.

Q:What is Probate?

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Probate is the grant by the Supreme Court of Queensland of the right to administer the estate by the appointed executor, in terms of the contents of the Will. It is the “proving” of the Will.

Q:What if I think I have missed out under the Will of a person?

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There are only certain classes of persons who can apply in such a case. If you believe you have not received a fair entitlement, (or any for that matter), you should seek legal advice about what you might be entitled to.

Q:I am the Executor appointed by a Will, what do I do?

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By law, you are now charged with wrapping up the affairs of the deceased person. Often, this involves forms, forms and more forms, many of them legal in nature. You are appointed as a Trustee for the deceased, with many duties then cast upon you. Your best bet if you are uncertain is to have legal representation to sort it all out. These expenses are a proper expense of the estate, so can be paid by the estate.

Q:Should I have an EPA?

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EPA is Enduring Power of Attorney. Everyone should have one, as in the event you lose capacity, it may be necessary to make an application to the QCAT by someone to be appointed to look after your affairs if there is no appointment via this document. This can be quite a problem if you are running a business, as the delays are considerable, not to mention the stress and expense.

Accident Recovery FAQ’s

Q:What should I do in the event of an accident?

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A: At the scene of an accident, it can be stressful. Try to remain calm and get down as much information as possible. Get all of the details of the other car and driver. If you have a camera phone, take pictures of the damaged cars, and where they have ended up after the collision. Please feel free to download our accident claim form and complete for us to consider for you, at no obligation.

Traffic Law

Q:How do I get a work licence?

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In order to get a work licence, you have to be eligible. Your reading needs to be less than .15 and you must not have lost your licence in the last 5 years. You must be over 25 if you are not on a “P” licence. It is always best to let us confirm your eligibility. This is part of our service if you engage us to represent you in court. You will need to produce proof to the court of these matters. How the proof is presented is critical to whether you will succeed or not.

Q:If I am apprehended for drink driving, can I continue to drive?

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The answer here depends entirely on your reading. There are now 3 “classes” of readings in Queensland – 1 the low range, which is less than .10 (subject to the no alcohol limit for professional drivers); 2 the medium range which is .10 up to .149, and finally the high range, which is .15 and above. For low range, you are suspended for 24 hours from apprehension by police. For medium, you are suspended until further dealt with by the court, likewise for high range.

Q:What is “SHO”?

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SHO stands for Special Hardship Order. To be eligible, you must have not lost your licence, or appealed, in the last 5 years. You will have to convince a court that you need your licence to earn a living, or for some other extreme reason, and that your Traffic History is not so bad as to preclude you from being successful. Again, you need to prove these things to the court and again how this proof is presented is critical to your chances of success.

Q:What do I do if I want to challenge a Traffic Fine?

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Usually, the fine will be the result of an on-the-spot ticket issued by the Police. There is part of that ticket that you complete and send off to QLD Transport. You should shortly after that receive in the mail a Summons to Court. That is a good time to obtain legal advice about further procedure, and your prospects of succeeding. This is especially so if you are at risk of losing your licence as a result.

Q:If I receive a “Notice to Choose” what should I do?

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ou will receive such notice if you have accumulated 12 or more points on your licence in 3 years or less. If you do nothing, you will be suspended shortly after. It is a serious offence to drive in this period. If you elect to keep driving, you will be on a “good behaviour licence” for 12 months, and if you accumulate a further 1 point, you will then need to apply for SHO (if eligible). If you hear nothing from QLD Transport for some time, you should check with them, as you may lose your right of appeal, or worse, if notices are not received by you. The onus is on you to maintain your licence, not Queensland Transport.

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