Moloney & Co. are delighted to announce that our new Australian international Personal Injury* affiliate is Carter Capner Law. Together, Moloney & Co. and Carter Capner Law act on behalf of Irish or Australian residents injured while visiting Ireland or Australia.
Brisbane-based Carter Capner Law provides compensation-recovery legal services for clients throughout Australia and elsewhere. Established seventy-five years, it has conducted successful claims for thousands of clients in the following areas of practice:
- Road traffic accidents
- Recreational accidents
- Aircraft, boat & train accidents
- Tourist & travel injuries
- Workplace injuries
- Defective product claims
The Personal Injury system in Australia
Visitors to Australia are entitled to compensation for injuries they sustain here that are caused, at least in part, by someone else’s fault or as a result of services being supplied that are not fit for purpose or do not achieve their desired result.
Injury compensation applies according to modified “common law” principles.
All road vehicles must have CTP (compulsory third-party) insurance to cover anyone (other than the driver) injured in a negligently caused accident. The road traffic injury compensation schemes are slightly different in each of Australia’s six states and two mainland territories.
A national law, the Australian Consumer Law – as well as differing state laws – apply to most other circumstances that result in injuries.
Compensation is payable for “pain and suffering”, loss of income, loss of future earning capacity and for the cost of care (even if it is provided voluntarily). Psychological damage arising from accident injuries or separately, from witnessing an accident, can also be the subject of compensation.
Time limits for Australian injury claims
Claim notification
Some states require notification of a claim within six or nine months of the date of the accident. If there is a reasonable excuse for delayed, this time limit can be extended.
Court proceedings
Most claims: Three years from date of accident.
Airline and commercial air travel: Two years.
Maritime claims: One year.
Consumer law claims: Three years (sometimes six years) from date of accident; or three years from “discoverability date”.
Legal costs
Except for a workplace injury claims and claims settling below $100,000 ($70,000 in some states), the at-fault party or its insurer is responsible for payment of a substantial part of the injured person’s legal costs.
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
For further information, please email info@moloneysolicitors.ie or request a call back using the form below.
Dublin Office: 01-871-7577 Naas Office: 045-898-000 FreeFone: 1800-200-249
Peter Cartner
Associate Partner
