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REDCLIFFE, Australia - AussieJournal -- Have you been involved in a car accident in Queensland, and are you considering legal action? If so, it's worthwhile being armed with a few key facts as you decide on your next step.
Key Questions to Answer
1. Are there time limits to bringing a claim?
Yes. There is a time limit to bringing a litigation proceeding for property damage in Queensland. That limitation period is a period of 6 years from the date on which the accident occurred. You must have filed a Court proceeding within 6 years of the date of the accident or your rights may be extinguished.
2. Does QCAT have jurisdiction?
Potentially.
The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear property damage matters arising from car accidents where the loss suffered is in an amount of $25,000.00 or less.
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3. Should I bring my claim in QCAT?
There are many advantages to having your property damage dispute heard in QCAT if possible. Such advantages include:
Cost – as QCAT is a "no lawyer" jurisdiction, it is a low cost option for a dispute to be determined without the cost and risk of costs orders associated with traditional Court proceedings.
Time – the QCAT process is likely to be completed within a period of 3 – 4 months. That is a substantially shorter period than a traditional proceeding within the Magistrates, District or Supreme Court.
Binding Order – should the matter not resolve prior to a formal hearing, and the dispute is heard by QCAT and an order made by the Tribunal, that order is a binding order with the same effect and ability to enforce as an order of a traditional Court.
If you would like to discuss your options in more detail, please reach out to our team of personal injury lawyers, based in Redcliffe. Visit www.crewlegal.com.au to find out more.
Key Questions to Answer
1. Are there time limits to bringing a claim?
Yes. There is a time limit to bringing a litigation proceeding for property damage in Queensland. That limitation period is a period of 6 years from the date on which the accident occurred. You must have filed a Court proceeding within 6 years of the date of the accident or your rights may be extinguished.
2. Does QCAT have jurisdiction?
Potentially.
The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear property damage matters arising from car accidents where the loss suffered is in an amount of $25,000.00 or less.
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3. Should I bring my claim in QCAT?
There are many advantages to having your property damage dispute heard in QCAT if possible. Such advantages include:
Cost – as QCAT is a "no lawyer" jurisdiction, it is a low cost option for a dispute to be determined without the cost and risk of costs orders associated with traditional Court proceedings.
Time – the QCAT process is likely to be completed within a period of 3 – 4 months. That is a substantially shorter period than a traditional proceeding within the Magistrates, District or Supreme Court.
Binding Order – should the matter not resolve prior to a formal hearing, and the dispute is heard by QCAT and an order made by the Tribunal, that order is a binding order with the same effect and ability to enforce as an order of a traditional Court.
If you would like to discuss your options in more detail, please reach out to our team of personal injury lawyers, based in Redcliffe. Visit www.crewlegal.com.au to find out more.
Source: Crew Legal
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