Introduction
Class actions are an important avenue in resolving employment law disputes. When they are run properly, they can allow individuals, whose claims may not be economical individually, to join together to greatly minimise the costs and increase the resources to spend on the claim. This article will focus on the importance of class actions and how they can be utilised to solve employment law disputes.
Understanding Employment Class Action Lawsuits
Employment law class actions are mostly governed under Part IVA of the Federal Court of Australia Act 1976 (Cth) (Act). Individuals are not required to obtain the consent of the entire class of people who they are commencing the class action on behalf of, however, a class action requires a minimum of seven group members otherwise it risks being dismissed by the court under section 33L of the Act. Other requirements for class actions include:
The Role of Class Action Lawyers in Employment Disputes
Class action lawyers play an important role in advocating for the class of people. Generally, class actions arise from an individual known as the ‘litigation funder’ who brings the issue to attention. The litigation funder, otherwise known as the applicant, is responsible for the costs of the proceedings and related legal fees. Once the issue has arisen, class action lawyers play a role in fact-finding by helping to identify other individuals who may be in the class of people. If there is enough evidence, the class action lawyers will then move to file legal documents with the court and commence proceedings against the defendant/s.
There are also options for a third-party litigation funder to be responsible for the costs of the proceedings, regardless of them not being a party to the proceedings.
Types of Employment Disputes Suited for Class Action Lawsuits
Types of employment disputes suited for class action lawsuits include:
The main benefit of addressing these issues through a class action include an increased access to legal assistance and other resources. Additionally, the costs are greatly reduced and the stress of litigation is less burdensome as it is split between the class of people.
Challenges and Legal Considerations in Employment Class Actions
Class actions usually involve a large number of individuals and as a result often take longer to progress. Additionally, in some circumstances it is more commercially beneficial to pursue legal proceedings individually. A key example can be seen through the class action against Nurofen in 2017 where the class of people could include any person who purchased specific Nurofen products from 2011 and 2015. With a relatively large range of eligibility, the class of people only received a small one-off payment. Lastly, operating as a collective means that individuals have less control over the proceedings. Accordingly, it is important to have experienced legal representation, such as the lawyers at Chamberlains Law Firm, to mitigate these challenges and legal considerations.
The Impact of Employment Class Actions on Workplace Practices
Pursing class actions with respect to employment disputes can have direct benefits with respect to the changing of company policies and broader implications for employee rights and workplace standards.
How Can We Help?
If you have an employment dispute that you think could benefit from proceeding as a class action, please reach out to Chamberlains Law Firm’s Class Action Lawyers to discuss the possibility of commencing such an action.
*This article was prepared with the assistance of Grace Tully
This article outlines the legal steps to take after being unfairly dismissed in Australia, detailing the role of unfair dismissal lawyers and the process for filing claims, seeking compensation, and protecting your rights.
Unfair dismissal refers to a legal claim made by an employee when they have been terminated from their job in a manner which they believe is “harsh, unjust or unreasonable” pursuant to section 394 of the Fair Work Act 2009 (Cth) (FW Act). In such circumstances the aggrieved employee can file an application with the Fair Work Commission (FWC) seeking certain remedies from the employer. Ultimately, however not every dismissal is unfair and not all employees are eligible to make an unfair dismissal claim.
Being unfairly dismissed can be a challenging experience, but understanding your rights under the FW Act is the first step toward seeking justice.
Chamberlains Law Firm’s National Employment Law Team provides crucial support to help employees and employers navigate the FWC process effectively.
Unfair dismissal occurs when an employee believes that they were terminated harshly, unjustly or unreasonably. In assessing whether a dismissal falls within this criteria, the FWC must have regard to:
Whilst there are a plethora of other criteria taken into account, the above is specifically what the FWC must consider. Some common scenarios that may qualify as unfair dismissal claims include:
Numerous legal protections exist for employees in the workplace.
All employees in the workplace are entitled to receiving the entitlements contained in the National Employment Standards (NES). The NES contains provisions on maximum weekly hours, requests for flexible working arrangements, parental leave, annual leave, personal/carer’s leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, and the Fair Work Information Statement.
Additionally, employees who have completed the minimum employment period (6 months for large businesses and 12 months for small businesses) are protected from unfair dismissal. Australian employees are also protected from adverse action in the workplace where this adverse action has occurred in connection for exercising their workplace rights. For example, joining a union and participating in lawful industrial activities is a right which all Australian employees and contractors are entitled to and they are protected from adverse action if they carry out those industrial activities in accordance with the FW Act.
If you believe you have been unfairly dismissed you should begin to gather all documents and correspondence relevant to your claim.
All letters, email correspondence and documents from your employer concerning the termination and its circumstances are essential in building and supporting your claim.
Additionally, a copy of your final pay slip/entitlements paid out to you is important in assessing whether you were fairly paid when you were dismissed.
Your employment contract and relevant workplace policies are crucial. If your employer has not followed the termination process according to their contract with you and the applicable workplace policies, it can assist in demonstrating that your dismissal was unfair. If you do not have a copy of your contract, we suggest you email your previous employer seeking they provide you with your signed employment contract, which they are obligated to provide upon request.
The importance of consulting Chamberlains’ unfair dismissal lawyers to evaluate your claim and guide you through the process is not to be understated.
Chamberlains’ unfair dismissal specialists and the Workplace Team can advise you on your projected prospects of success in the Fair Work Commission and will provide you with a quote on our services to achieve the best outcome in your situation.
From the date of your dismissal, you have twenty-one (21) calendar days to gather relevant documents and file your application with the Fair Work Commission. This timeframe is a very strict deadline so it is important that you act quickly. The twenty-one day time limit is very rarely extended so getting your application filed on time is crucial.
Employees should note that there is a high-income threshold in the FWC. As at January 2025, if you earn over $175,000 per year and you are not covered by a modern award, you will be unable to make an unfair dismissal claim. The high-income threshold is reviewed and updated on the first of July each year.
If you choose to involve an unfair dismissal solicitor in your claim, substantial guidance and assistance is provided. Chamberlains Workplace Law Team will prepare your application to be submitted with the Fair Work Commission, review and advise you on your previous employers response, negotiate with your previous employer regarding early settlement offers and appear in all conciliations, conferences and hearings in the Fair Work Commission
Most matters that are brought before the FWC are resolved at a “conciliation conference”. The conciliation is facilitated by a mediator from the FWC who will permit the parties to each make a statement before proceeding to give the parties to privately discuss. The mediator will then move between the two parties and convey any offers and discuss progress. If the parties settle, then the FWC will provide a standard form settlement agreement. The parties will generally negotiate on an amount of compensation or other non-monetary consideration, such as a reference or statement of service.
The conciliation is designed to allow the parties to come to an agreement without having to incur the stress and expense of proceeding to a conference or hearing on the matter. If the parties can come to an agreement then the FWC will provide standard terms of settlement which will provide for the settlement of the matter through compensation or some other non-monetary means, and will also provide strict conditions of confidentiality and non-disparagement.
Conciliation is confidential and does not involve the presenting of evidence or making complex legal submissions. It is not designed to test the law or make a factual finding on what happened, rather the purpose is to amicably resolve the issues so that both parties can move forward with their lives. The conciliator does not act as a judge or arbitrator and does not comment on the merits of any particular argument. Their role instead is to allow the parties to have a productive discussion and work towards a resolution. Conciliation is compulsory before matters can proceed to a hearing, however if it is clear at the conciliation that the parties are either unwilling or unable to come to any resolution, then the matter will be listed for a hearing date.
If the matter fails to settle at a conciliation conference, then the matter will be listed for a further hearing date before a member of the FWC. The hearing will be more formal in nature and similar to a court trial, where the parties will be required to give evidence and there will be an opportunity for the parties to cross-examine witnesses and make legal submissions to the presiding member. If the matter goes to a hearing, then the FWC member will make and publish a formal decision after the hearing.
Chamberlains can assist with representation and advice at all stages of the process. If a matter has progressed to a hearing, then it is essential to get legal support and representation as the hearing will involve complicated questions of law, much the same way a court trial would. Although a hearing is intended to be more informal and cost effective than a court proceeding, it is still a specialised matter requiring specialist advice.
In the FWC there are two main successful outcomes of an unfair dismissal claim:
*This article was prepared with the assistance of Challita Tahhan
Have you been injured in an accident? Are you entitled to compensation? Can someone help you? If you are asking these questions, this guide is for you. Filing a personal injury claim can be complicated and that’s where we come in.
At Chamberlains Law Firm, we understand how tough it can be to navigate this process. Whether you’ve been hurt in a motor vehicle accident, experienced medical negligence, suffered workplace injury, institutional abuse, or a slip-and-fall, every personal injury case is different. And each one requires a unique approach within Western Australia’s legal framework.
This guide will walk you through the essential steps of filing a personal injury claim in WA, from understanding personal injury law to working with Chamberlains to achieve the best possible outcome.
If you have been injured in an accident, filing a personal injury claim in WA can make a significant difference in your recovery. A successful claim not only helps you recover medical expenses and lost wages but also compensates you for pain and suffering. Navigating the legal complexities of a personal injury claim can be daunting, but with the right support from Chamberlains, you can ensure a smoother and more successful process.
Partnering with skilled injury lawyers in WA maximises your chances of securing the compensation you deserve. Chamberlains will advocate for your rights and guide you through every step of the claim process.
Personal injury law in Western Australia governs compensation for people harmed due to the negligence or wrongful conduct of others. This includes injuries arising from motor vehicle accidents, unsafe premises, workplace incidents, medical negligence and institutional abuse.
Key WA legislation includes:
You may be eligible to file a claim if you were injured in any of the following:
If any of these apply, you may be entitled to make a personal injury claim in WA.
The first step is determining if you are eligible to file a personal injury claim. Eligibility in WA depends on demonstrating:
Motor vehicle injuries in WA fall under the compulsory third-party insurer (ICWA), which requires early notification and specific statutory procedures.
Chamberlains can assess your situation and advise you on the appropriate WA legal pathway.
To build a strong personal injury claim in WA, evidence is essential. This may include:
Comprehensive evidence strengthens your claim and improves your chances of fair compensation.
Consulting an experienced injury lawyer at Chamberlains is critical for navigating WA’s personal injury system. Our team will assess your claim, gather supporting material, ensure compliance with WA legislation and provide expert legal advice.
Our extensive experience in WA personal injury law significantly enhances the likelihood of a successful outcome.
Once evidence is collected and your lawyer has reviewed your matter, Chamberlains can file your claim with the relevant insurer or commence proceedings in the District Court of Western Australia, depending on your circumstances.
Your lawyer will ensure that all required forms, notices and pre-litigation steps are completed accurately and on time.
Under the Limitation Act 2005 (WA):
Missing these deadlines may prevent you from pursuing compensation.
To file a successful WA personal injury claim, you will need:
Having these documents ready will streamline the claim process.
Choosing Chamberlains means selecting lawyers who are:
To protect your claim:
Working with Chamberlains ensures you avoid these pitfalls.
Chamberlains can:
A skilled Chamberlains lawyer will ensure all entitlements are explored, including:
Most personal injury claims in WA settle through negotiation with insurers. A settlement involves a once-off payment in exchange for finalising your claim.
Litigation may be necessary if:
Your Chamberlains lawyer will guide you on whether settlement or litigation is the best path.
Filing a personal injury claim in WA is a critical step in securing the compensation you deserve. Understanding the legal process and working with experienced Chamberlains lawyers significantly improves your chances of success. If you’ve been injured, seek expert advice from Chamberlains Law Firm, who can guide you through each step of the process and fight for the best possible outcome.
With the right legal representation, you can navigate the complexities of WA personal injury law and secure the compensation that helps you recover and move forward.
This article was prepared with the assistance of Tyler Drayton.
Have you been injured in an accident? Are you entitled to compensation? Can someone help you? If you are asking these questions, this guide is for you. Filing a personal injury claim can be complicated and that’s where we come in.
At Chamberlains Law Firm, we understand how tough it can be to navigate this process. Whether you’ve been hurt in a car accident, experienced medical malpractice, suffered workplace injury, institutional abuse or a slip-and-fall, every personal injury case is different. And each one requires a unique approach within the ACT’s legal framework.
This guide will walk you through the essential steps of filing a personal injury claim in the ACT, from understanding personal injury law to working with Chamberlains to achieve the best possible outcome.
If you have been injured in an accident, filing a personal injury claim in the ACT can make a significant difference in your recovery. A successful claim not only helps you recover medical expenses and lost wages but also compensates for pain, suffering and loss of enjoyment of life.
Navigating the legal complexities of a personal injury claim in the ACT can be daunting, but with the right support from Chamberlains, you can ensure a smoother and more successful process.
Partnering with skilled injury lawyers in Canberra maximises your chances of securing the compensation you deserve. Chamberlains will advocate for your rights and guide you through every step of the claims process.
Personal injury law in the ACT protects individuals who have been harmed due to the negligence or wrongful actions of others. This includes injuries from car accidents, unsafe premises, workplace incidents, medical negligence, and institutional abuse.
Key ACT legislation includes:
You should consider filing a personal injury claim in the ACT if you’ve been injured in any of the following:
If you’ve experienced any of these situations, you may be eligible to pursue an ACT personal injury claim.
The first step is determining whether you are eligible to make a claim. Eligibility in the ACT depends on demonstrating that:
Where the Motor Accident Injuries Act applies, you may also access statutory no-fault benefits first before progressing to common law damages.
Chamberlains can assess the details of your case and identify the correct ACT legal pathway.
Strong evidence is essential to support your personal injury claim and may include:
This evidence forms the foundation of a strong claim and assists in negotiations with insurers.
Consulting an experienced injury lawyer at Chamberlains is critical for navigating ACT-specific rules. Our team will:
Our extensive ACT personal injury experience greatly enhances your chances of success.
Once evidence has been collected and Chamberlains has reviewed your matter, we can file your claim with the relevant insurer or, if necessary, commence court proceedings.
In the ACT, your claim must be filed within the required statutory timeframe and must comply with procedural steps unique to ACT law.
Under the Limitation Act 1985 (ACT):
Failing to comply with the limitation period may prevent you from seeking compensation.
To file a successful ACT personal injury claim, you will need:
Having these records ready will help streamline the claims process.
Selecting Chamberlains for your ACT personal injury claim ensures you have lawyers who are:
To avoid jeopardising your claim:
Working with Chamberlains helps to avoid these common pitfalls.
Chamberlains can help by:
A skilled Chamberlains lawyer will maximise your compensation, including:
Every head of loss is carefully assessed to ensure fair compensation.
A settlement is an agreement between you and the insurer to resolve your claim without going to trial. Most ACT personal injury claims resolve through negotiation or alternative dispute resolution.
Litigation may be necessary when:
Your Chamberlains lawyer will guide you on whether settlement or litigation is appropriate.
Filing a personal injury claim in the ACT is a crucial step in securing the compensation you deserve. Understanding the ACT’s legal process and working with experienced Chamberlains lawyers significantly increases your chance of success. If you’ve been injured, don’t hesitate to seek expert advice from Chamberlains Law Firm, who will guide you through every step of the process and fight for the best possible outcome.
With the right legal representation, you can navigate the complexities of personal injury law in the ACT and secure the compensation that helps you recover and move forward.
This article was prepared with the assistance of Tyler Drayton.
Have you been injured in an accident? Are you entitled to compensation? Can someone help you? If you are asking these questions, this guide is for you. Filing a personal injury claim can be complicated and that’s where we come in.
At Chamberlains Law Firm, we understand how tough it can be to navigate this process. Whether you’ve been hurt in a car accident, experienced medical malpractice, been injured at work, or suffered a slip-and-fall, every personal injury case is different. And each one requires a unique approach with strict pre-court procedures unique to Queensland.
This guide will walk you through the essential steps of filing a personal injury claim in QLD, from understanding personal injury law to working with Chamberlains to achieve the best possible outcome.
If you have been injured in an accident, filing a personal injury claim in Queensland can make a significant difference in your recovery. A successful claim not only helps you recover medical expenses and lost wages but also compensates for pain and suffering. Navigating the legal complexities of a QLD personal injury claim can be daunting, but with the right support from Chamberlains, you can ensure a smoother and more successful process.
Partnering with skilled injury lawyers in QLD maximizes your chances of securing the compensation you deserve. Chamberlains will advocate for your rights and guide you through every step of the claims process.
Personal injury law in Queensland is designed to protect individuals who have been harmed due to the negligence or wrongful actions of others. Unlike NSW, QLD has mandatory pre-court procedures, including compulsory notices, medical assessments and strict limitation rules.
Personal injury claims in Queensland fall under several regimes depending on how the injury occurred:
The goal is to ensure accountability and help injured Queenslanders recover the compensation they need to move forward.
You should consider filing a personal injury claim in Queensland if you’ve sustained an injury in the following situations:
If you’ve experienced any of these circumstances, you may be eligible to pursue a QLD personal injury claim.
Eligibility in Queensland depends on the circumstances of your injury and whether negligence can be proven. Queensland also has substantial procedural requirements before court proceedings can commence. Chamberlains can assess your case and confirm which statutory regime applies.
Evidence is crucial to building a strong QLD personal injury claim. You will need:
This evidence helps strengthen your claim and ensures compliance with the strict requirements under PIPA or WCRA.
Consulting an experienced injury lawyer at Chamberlains is essential for navigating Queensland’s rules, which require:
Our team will assess the strength of your case, gather evidence, guide you through all pre-court stages, and provide clear advice tailored to Queensland processes.
Once evidence is gathered and the required statutory notices have been served, Chamberlains can progress your claim. In QLD, you cannot start court proceedings until you have complied with the relevant pre-court protocols. Your lawyer will ensure your claim is filed with the correct insurer or court within the statutory timeframe.
Most QLD personal injury claims must be filed within:
Missing pre-court deadlines can prevent you from progressing your claim, even within the 3-year limitation period.
Importantly, Queensland has no limitation period for child abuse claims.
To file a successful claim in Queensland, you need:
Having this documentation ready helps streamline the statutory process.
Choosing Chamberlains means choosing:
Avoid jeopardising your Queensland claim by avoiding:
Chamberlains ensures you avoid these pitfalls and build the strongest case possible.
Chamberlains can assist you by:
A skilled Chamberlains lawyer ensures compensation includes:
We ensure every relevant head of damage is claimed.
A personal injury settlement is an agreement between you and the insurer to resolve the claim without going to trial. Most Queensland claims settle at or before the compulsory conference stage.
Litigation in QLD may be necessary where:
Chamberlains will advise whether settlement or litigation is the best path forward.
Filing a personal injury claim in Queensland is a crucial step to securing fair compensation. Understanding Queensland’s statutory processes and working with experienced Chamberlains lawyers significantly increases your chance of success. If you’ve been injured, don’t hesitate to seek expert guidance from Chamberlains Law Firm, who will guide you through every step of the process and fight for the best possible outcome.
With the right legal representation, you can navigate the complexities of personal injury law in Queensland and secure the compensation you need to recover and move forward.
This article was prepared with the assistance of Tyler Drayton.
Have you been injured in an accident? Are you entitled to compensation? Can someone help you? If you are asking these questions, this guide is for you. Filing a personal injury claim can be complicated and that’s where we come in.
At Chamberlains Law Firm, we understand how tough it can be to navigate this process. Whether you’ve been hurt in a car accident, experienced medical malpractice, suffered due to institutional abuse or a slip-and-fall, every personal injury case is different. And each one requires a unique approach with complicated procedures.
This guide will walk you through the essential steps of filing a personal injury claim in NSW, from understanding personal injury law to working with Chamberlains to achieve the best possible outcome.
If you have been injured in an accident, filing a personal injury claim in NSW can make a significant difference in your recovery. A successful claim not only helps you recover medical expenses and lost wages but also compensates for pain and suffering. Navigating the legal complexities of a personal injury claim can be daunting, but with the right support from Chamberlains, you can ensure a smoother and more successful process.
Partnering with skilled injury lawyers in NSW maximizes your chances of securing the compensation you deserve. Chamberlains will advocate for your rights and guide you through every step of the claim process.
Personal injury law in NSW is designed to protect individuals who have been harmed due to the negligence or wrongful actions of others. Whether the injury was caused by a car accident, workplace incident, or slip-and-fall accident, personal injury law provides legal recourse for victims. The goal is to hold the responsible parties accountable and to help victims recover the financial compensation they need to move forward.
You should consider filing a personal injury claim in NSW if you’ve sustained an injury in the following situations:
If you’ve been involved in any of these situations, you may be eligible to pursue a personal injury claim.
The first step in making a personal injury claim is determining if you are eligible to file. Eligibility is typically based on the severity of your injury, the circumstances of the accident, and whether someone else’s negligence caused the harm. You can consult Chamberlains in NSW to assess the details of your case.
To build a strong personal injury claim, you need to gather evidence that supports your case. This includes:
Strong evidence helps strengthen your case and increases your chances of receiving a fair settlement.
Consulting an experienced injury lawyer at Chamberlains is crucial for navigating the claims process in NSW. Our team will assess the strength of your case, assist with gathering essential evidence, and provide expert legal advice on the best course of action. With our extensive experience, Chamberlains can greatly enhance your chances of success in personal injury litigation.
Once all the necessary evidence is in place and once Chamberlains has reviewed the claim, our team can file your personal injury claim. Your lawyer will ensure that the claim is filed with the appropriate court or insurer within the required timeframe.
In New South Wales, there is a limitation period for filing a personal injury claim. Generally, you have three years from the date of the accident to file your claim. If the injury involves a specific circumstance, such as medical negligence, institutional abuse or workplace injury, different rules apply and we can provide you advice on whether your claim is in time. Importantly, in NSW, there is no limitation period for injuries arising from child sexual abuse. Failing to file your claim within the statutory period may prevent you from pursuing compensation.
To file a successful personal injury claim in NSW, you will need the following documentation:
Ensuring you have any or all the required paperwork in order will help streamline the claims process.
The choice of a lawyer is crucial for the success of your personal injury claim. When choosing Chamberlains for your NSW claim we can confirm the following:
To avoid jeopardizing your claim, be mindful of the following common mistakes:
Working with Chamberlains helps you avoid these pitfalls and strengthens your claim.
Chamberlains provide invaluable assistance in personal injury claims. They:
A skilled Chamberlains lawyer can maximize the compensation you receive. They will negotiate with insurance companies, ensuring that all aspects of your injury, including future medical costs and emotional suffering, are considered when determining the settlement amount.
A personal injury settlement is an agreement between you and the defendant (or their insurance company) to resolve your claim without going to court. Settlements typically involve a lump-sum payment in exchange for the injured party agreeing not to pursue further legal action.
While some personal injury claims in NSW are settled out of court, there are situations where litigation may be necessary. This could be the case if the insurance company offers an insufficient settlement, or if liability is disputed. Your injury lawyer will advise you on whether to accept a settlement or proceed to trial.
Filing a personal injury claim in NSW is a critical step in ensuring you receive the compensation you deserve. Understanding the legal process and working with experienced Chamberlains lawyers significantly improves your chances of success. If you’ve been injured, don’t hesitate to seek expert advice from Chamberlains Law Firm who can guide you through every step of the process and fight for the best possible outcome.
With the right legal representation, you can navigate the complexities of personal injury law in NSW and secure the compensation that helps you recover and move forward.
This article was prepared with the assistance of Tyler Drayton
If you are considering selling your business, you must ensure you provide potential buyers with accurate information. The provision of false or untrue information may make you liable for engaging in misleading and deceptive conduct.
Section 18 of the Australian Consumer Law – found within Schedule 2 of the Competition and Consumer Act 2010 (Cth) – expressly prohibits individuals from engaging in misleading or deceptive conduct in trade or commerce. Under section 4 of the Australian Consumer Law, this includes representations made with regard to future matters that are not based on reasonable grounds.
It is difficult to provide a concise description of what comprises misleading or deceptive conduct given consideration must be made of the context in which a statement is made and the circumstances surrounding the sale.
Laws against misleading and deceptive conduct are broadly applicable, however, extending or applying to:
While the phrase ‘misleading or deceptive conduct’ may suggest an intention to deceive, intention is not relevant. Additionally, the person misled or deceived does not need to establish loss or damage.
In 2022, a case went to the NSW Supreme Court with the plaintiff alleging that the defendant had provided financial statements containing ‘inaccurate, wrong, or false’ information, and that had they known the true financial position of the business, they would not have made the purchase.
While the defendant argued that they had relied on their accountant to prepare the financial statements; that the statements were not audited; that they were not asked to confirm the accuracy of the financial documentation; and made no warranty or representation that the statements were accurate, the Court found the defendant liable for misleading and deceptive conduct. In their decision, the Court held that – irrespective of the defendant’s intention – the plaintiff had relied on the accuracy of the financial documentation in its valuation of the business and would not have entered the contract if not for the misrepresentations made.
Finding the defendant liable for misleading and deceptive conduct, the Court noted that it was not relevant that they had not intended to mislead the plaintiff, it being sufficient that the plaintiff had relied on the accuracy of the information in making a decision to purchase the business.
Successfully establishing misleading or deceptive conduct may attract the following remedies, inter alia:
Avoiding misleading or deceptive conduct
To mitigate the risk of engaging in misleading or deceptive conduct, even unintentionally, in the sale of business a business should ensure that any information or documentation provided to the purchaser as part of their due diligence is accurate. If you are unsure of the accuracy of any information provided, or if the information has not been independently audited, ensure that this is made clear to the purchaser and suggest that they undertake their own investigations and enquiries.
*This article was prepared with the assistance of Clea Philips
A Family Provision Claim offers a legal avenue for individuals who believe they have not been adequately provided for under a deceased person’s will.
Legal action that allows certain individuals to seek a greater share of a deceased person’s estate if they believe they have not been adequately provided for.
Under the Succession Act 2006 (NSW) family members and certain dependents can make a claim to be reasonably provided for according to their needs and circumstances.
In NSW, not just anyone can make a Family Provision Claim. Under section 57 of the act specifies who is eligible to make such a claim:
Spouses and De Facto Partners
This includes legally married spouses and those who were in a de facto relationship with the deceased at the time of their death.
Children
This includes biological children, adopted children, and sometimes stepchildren or children who were part of the deceased’s family.
Former Spouses
Former spouses who have not remarried and who may still be entitled to support.
Dependents
Individuals who were wholly or partly dependent on the deceased, such as someone who lived with the deceased and relied on them for financial support.
Others
In some cases, other individuals who were in a close personal relationship with the deceased may also be eligible, although this is less common.
To succeed in a Family Provision Claim, the claimant generally needs to demonstrate that:
Preparing for a claim is quite a detailed process as one needs to prepare a supporting affidavit to the application. This document is quite a lengthy document and includes a lot of your evidence. That’s why its important to get the right legal advice and team working on your matter.
Gather Evidence Early
Comprehensive documentation and evidence will strengthen your claim and help demonstrate your needs and relationship with the deceased.
Consult with Experts
Engage with Chamberlain Law Firm to provide a thorough assessment and representation throughout the process.
Be Realistic
Understand the strengths and limitations of your claim and be prepared for negotiations and possible compromises.
Family Provision Claims in NSW are designed to ensure that individuals who rely on a deceased person are adequately provided for, even if the will does not reflect their needs. Understanding the eligibility criteria, the process involved, and potential challenges can help you navigate this complex area of law. If you believe you have grounds for a Family Provision Claim, seeking early legal advice is essential to protect your rights and achieve a fair outcome.
If you’re an Executor or a person left out of a will the Private Wealth team are here to assist with any Family Provision claim.
The team at Chamberlains are here to help guide you through the process. We’re With You.
When a person dies without a valid will, or when the appointed executor is unable or unwilling to act, the deceased’s estate cannot be administered without a formal grant from the Court. In the Australian Capital Territory (ACT), this authority is known as Letters of Administration, issued by the Supreme Court of the ACT. The grant enables the administrator to collect assets, pay debts and taxes, and distribute the estate according to the ACT’s intestacy provisions.
Letters of Administration are required in the ACT when:
Eligibility to apply is guided by the Administration and Probate Act 1929 (ACT). Priority is generally given in the following order:
The ACT Supreme Court will require evidence that the applicant holds the appropriate priority and that other eligible family members have provided consent or renunciation.
A typical Letters of Administration application in the ACT requires:
These documents must be prepared with accuracy, as the ACT Supreme Court requires full disclosure and proper notice before issuing the grant.
The application is filed with the Supreme Court of the ACT, accompanied by all required supporting documents. The Court reviews:
The process is often more detailed than a simple probate application, as the Court must be satisfied that no will exists and that the applicant is the correct person to administer the estate. If satisfied, the Court will issue Letters of Administration, granting the applicant authority to act as administrator.
Upon receiving Letters of Administration, the administrator must:
Administrators have fiduciary duties to act honestly, prudently, and in the best interests of the beneficiaries. Record-keeping, transparency, and avoiding conflicts of interest are essential obligations under ACT estate law.
While the overall purpose of Letters of Administration is similar to that in NSW and other jurisdictions, several ACT-specific features apply:
These features mean that ACT applications require careful preparation to avoid the need for further requisitions from the Court.
Letters of Administration in the ACT are essential where a deceased person has no valid will or no executor able to act. The process requires demonstrating eligibility, preparing detailed affidavits, providing consents from other relatives, and lodging a complete application with the Supreme Court of the ACT. Once appointed, administrators must gather the estate’s assets, satisfy debts, and distribute the remaining property according to ACT intestacy laws.
Navigating this process can be complex, particularly for grieving families. The support of an experienced estates lawyer can help ensure compliance, avoid unnecessary delays, and finalise the estate efficiently.
The team at Chamberlains is here to assist you with any application for Letters of Administration.
We’re With You.
Cranbrook School is currently under investigation after allegations surfaced concerning abuse within its walls. A recent report highlighted claims of a toxic culture, sexual misconduct, drawing attention to the school’s handling of such issues. The issues that persist at Cranbrook School and the system shows a vicious cycle.
The abuses experienced at Cranbrook School was recognised by the royal commission and the school with past failings. While many schools have worked hard to improve their practices and policies, the scars left by past abuses remain. Cranbrook School is no exception, as former students recall a culture of silence surrounding abuse that was often overlooked or ignored by staff.
If you have been a victim of sexual abuse at Cranbrook School at Bellevue Hill or any other school in Australia and would like support with your claim, we can help. At Chamberlains law firm we give our client’s the opportunity to explore what their claim might be worth.
Our aim is to achieve an acknowledgement of the wrongs committed against our survivors and financial settlement through civil abuse action in the courts that meets our clients’ individual circumstances. There is no perfect settlement and there are never guarantees in litigation, but we will fight hard to ensure we get the best outcome we can for you.
*This article was prepared with the assistance of Sarah Hayman