I live in an over 50’s village. I paid cash to a handyman who lives in the same village to paint the driveway of our

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 patience 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.

​The State Tribunal is perfect for mediating disputes. It forces the parties to come together to discuss the issues involved.

In most cases at mediation, the matter will settle.

You will be the Applicant. The other party is the Respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint in a chronological order detailing the issue. I suggest that you also say what action you have taken to try and rectify the matter.

The alternative is to apply to the local court. You recover your legal fees when you run your case through the court system.

You can run your case or consider the option of using a lawyer to help.

On the tribunal (and court) website, there are help menus that you can use to assist you with the application and process.

I suggest that you make sure you have all your evidence for the case ready before your file the application.

Once you lodge your application, you will receive notice from the tribunal (or court) with the next steps to follow.

​

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.

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