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Jessica
Consultant
John Melis, Expert
Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patients here has been so important. If I understand you correctly I suggest the following:
You can seek a resolution and claim compensation.
Issue a formal complaint in writing. Request a review on the matter.
Include a time limit of 7 to 14 days subject to your requirements for a reply.
Make sure you enclose all evidence with the correspondence.
When you draft this correspondence, use a number for each point.
Where no response is received and you have reviewed the conditions carefully on any agreement, and you are still not satisfied with the situation, you can then raise a claim in the Tribunal or Court.
I suggest you file a claim as soon as possible if the matter does not resolve.
You may lodge a claim in the court.
You need to first write a formal complaint to the other party. This complaint needs to be in a numbered order detailing the issue and what action you have taken to rectify the matter. Send this complaint to the other party by email with a time limit to reply.
If mediation does not occur, commence court action.
The court's website has a forms section, which you can download the documents to commence the claim against that other party. There are practice notes on the court's website. There are various resources also, which you could utilise to aid you in completing the claim form.
Once you have submitted the claim form into the court, then you must serve the documents on to the other party.
You will receive email communications from the court, and you need to review these communications carefully, as they give you instructions on what to do next.
You can run your case in this particular matter, as this will avoid legal fees. The alternative is to engage a local lawyer to help you prepare the claim and then pursue the legal costs against the other party.
The best outcome is to try and mediate it amicably, and the court should be a last resort.
I know it isn't easy to deal with issues like this, but you're handling it so well.
I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.
I know you have a lot of choices, and there are various ways to move forward.
If there is anything else, big or small, that I can help you with today, please let me know?
I am so glad you contacted us, and I thank you for reaching out today.
Don't forget to accept the answer and click five stars in support of the community.
John Melis, Expert
Jan, I understand how you feel
If you need we can talk on the phone if you required.
I really appreciate your patience as we’ve gone through all of this. If I missed something or you’ve got additional questions, let me know. Otherwise, have an excellent rest of your week.