Personal Injury Law FAQs

What is Public Liability?

Public liability claim generally refers to a claim or an injury which happens outside of the workplace and doesn’t involve a motor vehicle accident.

For example, they are generally referred to as a slip, trip or fall type injury which can occur in, for example, a shopping centre in a public park or even a tenant in a property, and there is some negligence in relation to that rental property.

Who can make a work cover claim?

Anyone that’s an employee that suffers an injury, during the course of their employment, which in most circumstances is at their place of employment.

But it can also include a person traveling to and from their place of employment.

How Long Do I Have to Make a Work Cover Statutory Claim?

A person’s got six months from when they sustain an injury to bring a worker’s compensation statutory claim.

There are some limited exceptions to this, and I’m happy to talk to you about that when you contact us to discuss your matter.

Who is entitled to bring a Motor Vehicle Accident Claim?

Anyone that’s involved in a motor vehicle accident who wasn’t at fault for that accident.

So, this may include a driver, a passenger, a pedestrian, a cyclist, including a motorcyclist, a passenger in a bus, for example.

Those people are all entitled to bring a claim as a result of a motor vehicle accident.

Do I come to your Office?

We understand that people are very busy these days and they often have family commitments, might make it difficult for them to come and see a lawyer, or their injuries may prevent them from leaving their home or even if they’re in hospital.

So, we’re more than happy to come out and see people at their home or wherever they may be and that’s completely free of charge.

There’s no added cost for that. We also understand that people may no longer be in Queensland after an injury, and we can also deal with those people or those clients via phone, email, Skype or whatever the case may be.

Wills & Estates Law FAQs

What is the importance of a Will?

Everybody over the age of 18 should have a Will.

It’s the only legally binding document that will determine who will look after your assets after you pass and the way your estate is distributed.

If you don’t have a Will, then the law will decide who will take control of your estate and how that estate will be divided.

Can I challenge a Will?

Often people ask whether or not they can challenge the terms of a Will.

In Queensland, a person who is a spouse, including a former spouse, children, including stepchildren, and anybody who was wholly or partially financially dependent and upon the deceased, may be able to challenge the terms of the Will.

It’s important to know, though, that there are time limits that apply to a challenge to a Will, and therefore you should seek the advice of an experienced Wills and Estates solicitor.

What is probate?

Do I need to obtain probate?

What Is Probate?

Probate is the proving of the Will. It’s a court process to ensure that the deceased’s will that is being probated is the last and valid will of the deceased.

Why Does The Executor Need To Obtain Probate?

Often, probate is required by the asset holders of the estate such as banks and superannuation in order to allow those assets of the deceased to be released to the estate for distribution.

What is an enduring power of attorney?

An enduring power of attorney is a document that you put in place during your lifetime to make sure that you have somebody who will look after both your financial and your personal healthcare affairs if you lose capacity.

Why Do I Need One?

Without one, you don’t have anybody who can manage your banking, your property, and your superannuation if you lose capacity to manage those affairs for yourself. Nobody can informally step in, and therefore, it would be necessary for a court to make an appointment. And that appointment may be somebody that you otherwise would not have chosen yourself.

What is a Testamentary Trust?

A testamentary trust is a trust that’s created within your will. Rather than leaving the benefit directly to your beneficiaries, you can create a trust to provide additional protection for those people.

What Is The Benefit of a Testamentary Trust?

The benefits of a testamentary trust are numerous. The main benefits are the tax advantages that can be obtained by distributing income amongst beneficiaries, protection from creditors and protection from family law breakdowns.

What is the difference between an enduring power of attorney and a general one?

The difference between a general power of attorney and an enduring power of attorney is the enduring power of attorney will continue to operate and be effective if you lose capacity.

A general power of attorney is a document that is more akin to an appointment of an agent where you assign a task to somebody to sign on your behalf. But if you lose capacity, that document is no longer valid.

Really happy with the service that Erin, Rachel and the GKS team in Redcliffe provided me in the conveyancing of my first home. What could of been a very stressful period was lessened with their great communication with me as the buyer, the sellers and the bank. Erin's due diligence and efficiency in carrying out searches, communicating needs and keeping me on track for deadlines is why I can count myself lucky as a homeowner! It allowed our settlement to go ahead without any hitches and I can highly recommend them in regards to the management of conveyancing.

Josh Tussler Avatar Josh Tussler

Trusted and professional

Nigel Stewart Avatar Nigel Stewart

I cannot speak highly enough about Nada and the team at GKS Law. They have worked on a variety of matters for more over the past 2 years. I have been consistently impressed with their professionalism, friendliness and promptness. Having worked with different firms in the past, GKS are a breath of fresh air.

Sheldyn Dixon Avatar Sheldyn Dixon