Resident of 43 Finsbury Drive, Thornlie 6108. Behnind my house is a delivery driveway of Forest Lakes Forum and I am the

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Customer: Good Morning, my name is***** and resident of***** Thornlie 6108. Behnind my house is a delivery driveway of Forest Lakes Forum and I am the 1st house at the corner of the bend. Last Sat 10/6, at 10am, a hoon driving crashed into my backyard into my son's room. Luckily, no one was hurt. Same spot had an accident in 16 July 2020. 2 accidents, less than a year. We use to have 2 armour guards behind our house on the delivery driveway, fixed by the management of the mall. After the first accident, the armour guard was damanged and when we asked the management if they are going to fix a new one, their answer was:" Sorry, we don;t hve budget to fix them." I was in shocked!! Both me and my husband, as well as my next door neighbours went to them a few times begging them to consider fixing the armour guard back, but not successful. I want to know now, with the 2nd accident that had happened in less then a year, I can I deal with them?? My family have been traumatised after the accident last year and we are always anxious when we hear loud vehicle sounds coming from the back. We are considering taking legal actions but I am afraid of the cost as we are low income earners. Please advise and would appreciate very much for a reply.. Thank you very much! Regards ***** ***** email:***@******.***
JA: What state are you in? It matters because laws vary by location.
Customer: I am from WA, Perth
JA: What steps have you taken so far?
Customer: A police report have been filed, they came and questioned the 2 teenagers. The last accident, I went to the City of Gosnells COuncil and they cannot help as the mall was a private property. I went to Main Roads WA and they have no rules of roads on delivery driveway or safety measures. This time , I went to the Member of Paliament of my area and he ( Mr Chrst Tallentire) rang the manager of the mall and higelighted my concerns and telling them some actions have to be done. I have personally went to the mall management to see the manager but not successful. I have left message with her staff, phone messages on her phone, till today, almost 1 week after the accident, the mall manager has yet to contact me.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am so stress and have sleepless nights till I am contempleting to see a doctor, as I wonder if it is PTSD. Now , there is a big gap in my backyard, as the 2 m brick wall is destroyed by the hoon, and everyday, delivery trucks, cars are driving so near my house.
Answered by John Melis in 29 mins 1 year ago
John Melis
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

Eileen, I'm sorry to hear about the issue you have with the back of your property and the surrounding circumstance. What you can do in this particular matter is file an application for nuisance in court. That should resolve the issues and protect you at the same time.

You will have a nuisance claim that you can raise in the court.

A public nuisance will arise where the defendant's act adversely affects or unreasonably interferes with the rights of a section of the public. The interference must be substantial and unreasonable. The rights protected include the right to a clean and safe environment and the right to open public roadways. A public nuisance is crime and penalties will apply.

In your circumstances, you have a private nuisance.

A private nuisance is an unlawful interference with your use or enjoyment of land. And may also include some right over, or in connexion with it.

​You may lodge a claim in court.

The court’s website has a forms section to 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 to the court, you must serve the other party with the documents.

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.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Hi John, thank you very much for your reply and advise. Here are some question that I still have. At this point, the management of the mall is consulting an external professional how to reduce vehicles as well as delivery trucks to slow down on the delivery driveway. They may or may not put up road humps or armour guards or signs. I have already inform the management that I want to know the outcome before they proceeds with road works.
1. If the results are still not satisfactory to me in terms of the safety of my family and the whole stretch of residents, what can I do?
2. If I file a private nuisance cliam now, who is responsible to prevent this from happening or reduce it? The management of the mall? And what do I get from return??
3. Will I be sue from the management of the mall in return and have to pay lots of money?? I am not sure/afraid that what my family is experiencing right now, we have the rights to lodge a claim and be successful? End of the day, I want to know that if I take action to lodge a claim or sue ( which I don;t want to) I will deinately win or high percentage of success.
4. My family and I are now tramatised and every time when a delivery truck drives through or cars drove pass with loud engine sounds, our hearts start skipping a beat fearing of what may happened again.
5. We purchased the land and build the house with ***** ***** Homes in 2008 knowing that there was a delivery driveway behind. Back then, directly behind my house was IGA supermarket. After the lease was finished, Woolsworth took over, but the extended the building, which narrow down the delivery driveway where the bend is. My house is the first on the firing line, just at the bend. It used to be a bigger bend before they extended the building. How can I use this to jusitfy on the safety of my house??
John, the above questions are what I have for now. The repairs will take at least 3 months before the contractors start. My backyard is now only secure with a fence and day in day out, big delivery trucks are just driving pass without any road safety barriers. I would like very much for them to speed up the process and do things right. But unfortunately, it's too slow to my liking. I would appreciate very much if you can advise on what I can do.Thank you very much and hope to hear from you soon!best regards
Eileen Phua

John Melis, Expert

Eileen, if you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
Hi John, I am currently very busy with work, therefore would prefer to chat via email first, as it allows me to do it when I am available. I am trying to gather my thoughts and ask questions before anything happens. The insurance claims (RAC) and renovations works will take at least 3 months before they starts according to my past experience last July. We are waiting for answers now, basically, before I decide on whether to take action or not. Please assist in answering in the questions that I have. I would appreciate very much. Thank you!
Eileen Phua

John Melis, Expert

Eileen, thank you for your follow-up. Your next step is to take this matter into the court.
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