Litigation

Litigation covers a variety of areas, such as:

Negligence is the failure to exercise the degree of care that could be expected from someone with the relevant experience. Proceedings must be commenced within three years.

A spouse, former spouse, domestic partner or child of the deceased can make an application under this Act to seek to alter the terms of a Will within 12 months of the death.

An insurer must act in good faith and assess claims promptly, not delay or refuse payment without proper cause.

Claims must be made within six years.

A claim for personal injuries requires that the accident is reported to the police within 28 days, a personal injury claim be lodged within six months, where liability is denied by the insurer, to commence proceedings within three years.

Defamation laws apply to the media, conversations, letters, emails and internet chat. Proceedings must be commenced within one year. 

Grounds exist for early access to superannuation, such as permanent incapacitation.  

Applications must be made within two years.  This is frequently extended however in cases of sexual assault committed upon minors. 

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