LawWise Australia

Car Accident Compensation Claims in Australia: Step-by-Step Guide (2025) 1 September 2025 · LawWise Australia Understand your entitlements and the exact steps to claim. Overview Eligibility and fault Step-by-step claim process What compensation covers Deadlines and timelines Evidence checklist How payout amounts are assessed State-by-state notes (NSW, VIC, QLD) Common mistakes to avoid FAQs Next step Overview Most Australian motorists are covered by Compulsory Third Party (CTP) insurance. After a crash, you may access statutory benefits for treatment and income support, and in some cases pursue a common law claim for lump-sum damages if another driver’s negligence caused your injuries. Two pathways: immediate statutory benefits and potential common law damages. Eligibility and fault No-f...

How to Choose the Best Family Lawyer in Sydney for Divorce Cases 2025 24 August 2025 · LawWise Australia Choosing the right Sydney family lawyer can change your case outcome. Why the right lawyer matters Quick checklist 1) Check NSW family-law accreditation 2) Verify experience that matches your case 3) Understand fees, billing, and cost disclosure 4) Communication, availability, and transparency 5) Mediation-first or litigation-ready? 6) Use the first consultation effectively Red flags to avoid Helpful NSW resources FAQs Next step Divorce is complex and time-sensitive. In Sydney, the lawyer you choose can affect everything from parenting arrangements to property settlement and timelines. This guide gives you a practical, 2025-ready method to identify the best family lawyer for your situation and budget. Why the right lawyer...

Challenging ATO Decisions: Tax Objections & Appeal Process in Australia If you disagree with an Australian Taxation Office (ATO) decision—whether it’s an assessment, penalty or disallowance—you have the right to object and, if necessary, appeal. Follow these five steps to protect your rights and seek a fair outcome. 1. Review the ATO Notice & Identify Grounds Carefully read the ATO’s notice of assessment or penalty. Note the deadline to object (usually 60 days) and identify valid grounds—errors of fact, incorrect application of law or procedural unfairness. 2. Lodge a Formal Objection Submit your objection in writing via ATO Online Services or by mail. Include: Reference to the relevant notice or decision Clear statement of why you disagree Supporting documents (financials, legal submissions) 3. Internal Review & Negotiation The ATO will allocate your objection to a review team. They may contact you for further information or invite you to a conference. ...

Setting Up a Family Trust in Australia: Benefits, Structure & Compliance A family trust can provide asset protection, tax planning benefits and flexible distribution of income to beneficiaries. Here’s a five-step guide to establish and maintain your trust under Australian law. 1. Choose the Right Trust Type Common options include a discretionary (family) trust —where the trustee decides distributions each year—and a unit trust , which fixes beneficiary entitlements by unit holdings. Consider your family’s goals, asset base and tax position. 2. Draft the Trust Deed Engage a specialist lawyer to prepare the trust deed. It must specify: Name of the trust Trustee’s powers and duties Beneficiary classes (family members, children’s trusts) Trust duration (up to 80 years in most states) 3. Appoint Trustee(s) & Beneficiaries The trustee (individual or corporate) holds legal title and manages trust assets on behalf of beneficiaries. Choose someone trustworthy and...

Conveyancing in Australia: A Step-by-Step Guide to Buying or Selling Property Conveyancing is the legal process of transferring property ownership. Whether you’re buying or selling residential real estate, understanding each step, associated costs and common pitfalls helps ensure a smooth transaction.  1. Property Search & Finance Pre-Approval Secure finance pre-approval from your lender and conduct preliminary land title, zoning and council searches. Identify any easements, covenants or restrictions before making an offer. 2. Review Contract of Sale & Due Diligence Engage a solicitor or licensed conveyancer to review the Contract of Sale, building and pest reports, strata documents (if applicable) and special conditions. Confirm settlement date and cooling-off period. 3. Exchange Contracts & Deposit Payment Buyer and seller each sign identical contracts. Upon exchange, the buyer pays the deposit (typically 10%). This binds the parties and invokes the cooling-o...

Workers’ Compensation Claims in Australia: Eligibility & Steps Workplace injuries or illnesses can disrupt your life and income. Australia’s workers’ compensation schemes provide weekly payments, medical treatment covers and rehabilitation support. Follow these five steps to secure your entitlements.   1. Confirm Eligibility & Coverage Most employers must hold workers’ compensation insurance. Check you were on the job at the time of injury or illness, and that your employer is registered with the state/territory insurer (e.g., WorkCover NSW, WorkSafe VIC). 2. Report the Injury to Your Employer Notify your supervisor or HR team as soon as possible—ideally within 24–48 hours. Provide details of what happened and how it affects you. A written “Incident Report” or “Injury Report” is often required. 3. Complete & Lodge the Claim Form Fill out the official workers’ compensation claim form provided by your employer or insurer. Include: Your personal and empl...

Medical Negligence Claims in Australia: Steps, Time Limits & Compensation Suffering harm due to medical error can be devastating. Australia’s laws allow patients to seek compensation—if you act within the strict time limits and follow the correct process. These five steps will guide you.  1. Confirm Your Claim Is Medical Negligence Negligence arises when a healthcare professional breaches their duty of care, causing injury or loss. Common examples include surgical mistakes, misdiagnosis, medication errors and improper treatment protocols. 2. Check the Limitation Period Most states require you to start proceedings within 3 years of the incident—or from when you first became aware of the harm. For minors or late‐discoveries, special extensions may apply. 3. Obtain Expert Medical Reports Engage an independent medical expert to review your records and confirm the breach of care. Their written report is critical evidence to establish fault and causation in court or settlem...

Debt Recovery Procedures in Australia: From Letter of Demand to Court Proceedings When a client or customer fails to pay, small businesses face cash-flow challenges. Australian law offers a clear pathway to recover unpaid debts—starting with a formal letter of demand and, if necessary, escalating to tribunal or court. Follow these five steps to recover what you’re owed.  1. Send a Letter of Demand Issue a written letter setting out the amount due, the basis for the debt, a payment deadline (usually 7–14 days), and the next steps if unpaid. You can draft your own or use a template like Form N1. Keep proof of delivery (email read-receipt or registered post). 2. Negotiate & Agree a Payment Plan If the debtor can’t pay in full immediately, propose an instalment plan. Document any agreement in writing, specifying amounts, dates and consequences of default. This often preserves relationships and avoids legal costs. 3. Small Claims Tribunal (Debts ≤ $20,000) For smaller debts...