Litigation
Overview
Litigation is the process of taking an argument between people or groups to a court of law. Review examples of when this may occur by clicking the headings below.
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Negligence claims
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.
Family Succession Act
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.
Insurance Claims
An insurer must act in good faith and assess claims promptly, not delay or refuse payment without proper cause.
Debt Recovery
Claims must be made within six years.
Motor Vehicle Accidents
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
Defamation laws apply to the media, conversations, letters, emails and internet chat. Proceedings must be commenced within one year.
Superannuation Claims
Grounds exist for early access to superannuation, such as permanent incapacitation.
Victims Compensation
Applications must be made within two years. This is frequently extended however in cases of sexual assault committed upon minors.
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