Our International Partner: Australia
We pride ourselves on building strong working relationships globally with reputable firms that we can engage and collaborate with on behalf of our clients, thus increasing our success rate in cases abroad. We handle all aspects of a case from correspondence to logistics.
Stephen Carter
Associate Partner
Carter Capner Law
Injured Abroad 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
For further information, please email us or request a call back using the form below.
Canadian law governing Personal Injury
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.
What time limits apply for making Personal Injury claims in Australia?
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 3 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.