RB Lawyers

What if I am uninsured?

If you are uninsured, you will still have a right of recovery against the other party or his insurance, if you are right, or mostly right. Often, determining who is right and wrong is a job for those with experience in such matters. We are happy to assist you here. If you are in the wrong, you may have to pay the other party's losses. Again, we are happy to help you negotiate, if you are being pursued by the other party or his insurer.

Should I have an EPA?

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.

How do I get a work licence?

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 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.

I am the executor appointed by a will, what do I do?

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. Your best bet if 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.

What can I recover in the event of an accident?

You are entitled to recover those losses that are a "foreseeable consequence" of the incident. E.g. If you are a taxi, you are entitled to a claim for lost earnings for the repair time, subject to proof. If you are uncertain as to what else you might be able to claim, we suggest you obtain our further advice.

What do I do if I want to challenge a traffic fine?

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 receives 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.

What if I think I have missed out under the will of a person?

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.

If I am apprehended for drunk driving, can I continue to drive?

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.

What is "SHO"?

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.

What is probate?

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.