lawyers helping people since 1952 - yellowpages.com · 2017-05-21 · we work on a no win-no fee...

Est. 1952Est. 1952

A guide to our legal services

Lawyers helping peoplesince 1952

G R E A T P E O P L E . G R E A T R E S U L T S . G R E A T V A L U E .

Est. 1952

For the last 60 years, Turner Freeman

Lawyers has been providing help, support

and legal assistance to Australians from all

walks of life. Our ultimate aim is to restore

our clients’ quality of life, and to aid in

every step of the process.

We define ourselves by our personal

approach to each and every case we

handle, and by our commitment to

addressing not only your case, but all your

other needs too. It is this dedication to our

clients that has helped us become one of

the most successful law firms in our field.

We understand that life doesn’t always go

to plan, we understand that sometimes you

need help to make your voice heard, and

most important of all, we understand your

rights.

When you choose Turner Freeman, you are

choosing expertise and experience. Every

single client is treated as a priority, and is

handled by a Partner, not a paralegal.

Welcome

We work on a No Win-No Fee basis for

Personal Injury claims. Unless you recover

compensation you will not be charged by

Turner Freeman for any work done by our

firm or any expenses we incur in

investigating your claim. Depending on the

nature of your claim and your individual

circumstances we may offer No Win-No Fee

legal services in some non-personal injury

matters. Ask one of our lawyers about our

No Win-No Fee policy.

Contents

Our Mission and Vision ..................................................4

Our NSW Website...........................................................5

Asbestos & Dust Diseases Law.......................................6

Defamation Claims.........................................................7

Employment Law............................................................8

Family Law .....................................................................9

Franchise Law ..............................................................10

General Litigation ........................................................11

Medical Negligence Claims ..........................................12

Personal Injury Law......................................................13

Professional Negligence...............................................14

Property and Conveyancing Law ...................................15

Public and Occupiers Liability ......................................16

Road Accident Claims ..................................................17

Superannuation TPD & Life Insurance Claims ...............18

Will Disputes and Estate Litigation ...............................19

Workers Compensation and Work Injury Damages ........21

Our People...................................................................22

Contact us ...................................................................28

.................................................20

Wills, Powers of Attorney and Enduring

Guardianship, Probate

3

Our mission and vision

Our commitment to you

Home and hospital visits

Free consultation

No up-front payments

Partners, not paralegals

Ongoing communication

Support and guidance

We believe that everyone who has experienced

accidental loss of quality of life should have,

readily available, the resources they need to

rebuild their lives. Our vision is to create an

environment where people’s rights are duly

recognised and protected at reasonable financial

and emotional expense to themselves.

Our mission at Turner Freeman is to break down

the barriers that often discourage people from

seeking appropriate legal representation. We aim

to provide everyday people with not only the

legal help, but also the support and care, that

they need. When unfortunate circumstances

arise, it is up to us to fight for our clients’ rights,

and to secure them the best future we can. With

us handling the legal side of things, they can

spend their time getting back to daily life.

Winning cases, while important to us, is just one

part of what we do. Our relationship with our

clients does not end once a verdict has been

handed down; we feel it is our duty to guide our

clients down the road to rebuilding their lives. We

maintain a strong network of relationships with

support and rehabilitative organisations to

ensure ongoing positive results for our clients.

The Turner Freeman difference lies in our

unsurpassed dedication to our clients. Our main

focus is offering the most comprehensive care

possible, spanning everything from giving legal

advice to recommending leading allied

professionals. Our commitment to personal care

includes:

If you are unable to visit us, we will happily visit you.

Your initial case assessment is free.

You will never be out of pocket. Everything is free

until you have made the decision to retain us, and

even then, we only request payment upon winning

your case.

No single client is more or less important than any

other at Turner Freeman. Every case is handled by

one of our respected Partners.

We will continue to communicate with you

throughout your case’s lifecycle, explaining options,

giving you timeframes and offering ongoing advice.

Legal help isn’t all we do – we will put you in touch

with the finest allied professionals out there.

minimal

If you are too ill to travel

to one of our offices, we will visit

you at home or in hospital.

If you need legal advice please don’t hesitate

to call us on or visit our website at13 43 63www.turnerfreeman.com.au/nsw

If you need legal advice please don’t hesitate

to call us on or visit our website at13 43 63www.turnerfreeman.com.au/nsw

Turner

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FreemanTurner

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Freeman4 L A W Y E R S H E L P I N G P E O P L E S I N C E 1 9 5 2

At Turner Freeman, we

are proud of the

testimonials provided

to us by past clients.

We invite you to explore

our website and to view

the video testimonials

from past clients, as

well as the video clips

on our partners.

www.turnerfreeman.com.au/nsw

5

Our Experience

Making a Claim

Our fees in a dust disease claim

Turner Freeman has the largest and the mostexperienced dust diseases practice in Australia. Formore than 30 years a team of experts haverepresented thousands of victims of dust diseasesin Australian and overseas courts. We havecontinued to expand the nature of claims filed onbehalf of victims suffering from dust diseases andwe have litigated numerous test cases that haveestablished important legal precedents improvingthe outcomes of people with dust diseases.

Turner Freeman’s vast experience in dust diseaseslitigation means that it has a wealth of informationin relation to possible exposures to asbestos, thedevelopment of medical and scientific knowledgeas to the dangers of exposure to asbestos, thedifferent company structures and insurers and theaietology of the various dust diseases, all of whichare readily available to assist in running claims.

Our teams of experts specialise in helping thosewho have been diagnosed with an asbestos relateddisease through a compensation claim. If you orsomeone you know has a claim telephone yournearest Turner Freeman office, explain your currentsituation and request to speak with one of ourspecialist lawyers. Special requests can be made toaccommodate our clients if they speak anotherlanguage. Once you are put through to one of our

expert lawyers you will be asked a series ofquestions based upon your current situation todetermine how we can help you.

Our first consultation is free. If we believe you mayhave a viable dust diseases claim we will fund andconduct the investigation needed to then run theclaim on a “no win no fee” basis. Our experience isthat there is no other way to do it because werecognize that the cost of bringing such a claim isbeyond the capacity of most people.

Asbestos and Dust Diseases Law

Turner

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Our Asbestos and DustDiseases Law Team

Armando Gardiman

Tanya Segelov

Fiona Seaton

Gerard McMahon

– Partner

Parramatta Office | 8833 2500

– Partner

Sydney Office | 8222 3333

– Partner


– Partner

Newcastle Office | 4926 6111

Turner Freeman has a proud record of

successfully completing more dust

diseases compensation claims than any

other law firm in Australia.

What is Defamation?

Defamation in the Media

Injurious falsehoodDefamation occurs where one personcommunicates, by words, photographs, video,internet, illustrations or other means, materialwhich has the effect or tendency of damaging thereputation of another. Traditionally there were twoforms of defamation; Libel which is defamatorymatter in permanent form such as writing orpicture, and Slander which is defamatory matter intransient form, such as spoken word

In Defamation the plaintiff must identify theimputations (message or innuendo) conveyed bythe publication. Court’s look at the allegeddefamatory material and determine theimputations according to natural and ordinarymeaning of the subject matter. The tests todetermine if an individual has a defamatory matterinclude:

Injurious falsehood is a “tort,” or civil wrong, forwhich compensation may be available where astatement is made about a person’s or company’sbusiness, which produces actual damage. It is notan action for defamation, although it shares somecharacteristics with defamation actions.

An injurious falsehood claim may be available ifthe person who is the subject of the statement canprove the following:

It is likely to injure the reputation of the plaintiffby exposing him or her to hatred, contempt orridicule

It contains a statement about the plaintiff whichwould tend to make the plaintiff be shunned oravoided

It has a tendency to lower the plaintiff in theestimation of others

That a false statement was made of orconcerning the person’s business or goods

The statement was published to someone otherthan the plaintiff

The person making the statement intended tocause harm. Malice is therefore required to beproven on behalf of the publisher by the plaintiff

The plaintiff can prove actual damage, such asloss of business which is caused by the falsestatement. The falsehood must cause the harmwhich is harm of a kind, which is intended, or aharm which is the natural and probableconsequence of the making of the falsestatement.

The most common source of actions for defamation

is publications in the mass media. The mass media

includes television, newspapers, radio stations and

websites under the control of media companies.

Almost every media company publishes its content

in its newspaper or on television or radio but also

on a complementary website. The material on the

website may be in identical or a differing form. So

for example a newspaper might publish a story in

its newspaper and also publish it on its website. A

statement that may be thought to be defamatory is

probably published in two places. The same

considerations apply to both publications in the

mass media company’s primary publication and on

its website.

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Defamation Claims

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Our Defamation Claims Expert

Terence Goldberg – Partner


Employment and Industrial Law

During Employment

Termination

Independent Contractors

Turner Freeman Lawyers have a strong reputation inEmployment and Industrial Law earned over 50years of fighting to protect the rights of Australianworkers and their families. Confrontation anddisputes in the workplace can be difficult andunpleasant and we understand that they need tobe handled with determination and discretion.

We can assist at all stages of a career, and at alltimes within a job: helping negotiate a contract,advising on entitlements, during workplacedisputes, in negotiations and on termination.

Many people encounter difficulties in the course oftheir employment. We offer pragmatic sensibleadvice which can assist in resolving work placeissues. Some of these may include:

Much of the work we do is to assist people whereemployment has been or is about to be terminated.

We can advise on a variety of potential remediesand which is the most appropriate course of actionfor you. Many are subject to strict time limits.

An increasing number of workers are no longerdirect employees but are engaged as subcontractors. Turner Freeman Lawyers haveextensive experience in acting for independentcontractors in relation to work related issues. Someareas in which we can assist include:

Dispute Resolution

Workplace rights and adverse actions

Misleading and deceptive conduct

Unfair dismissal and constructive dismissal

Wrongful dismissal

Breach of contract

Restraint of trade

Redundancy

Contractual negotiations and advice

Breach of contract

Unfair contract

Sham employment contracts

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Employment and Industrial Law

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Our Employment andIndustrial Law Team

David Taylor

Michelle Walsh

– Partner


– Partner

Wollongong Office | 4228 1055

Sometimes retaining a lawyer is the only

way to successfully resolve a workplace or

employment issue

Our Experience

How we can help you

Just as no two people are the same, no two familiesare alike. Our Family Law team will listen to yourconcerns and work with you to ensure the bestpossible outcome for you and your family. You’ll geta straightforward assessment of your case, andrealistic advice about its likely outcome. And thenwe’ll follow it through with you every step of theway.

Turner Freeman’s highly experienced family lawyerswill tell you everything you need to know about thefollowing issues that may arise for families:

Our specialist lawyers are always available to ourclients, whether it is in person or electronically,when advice or action is required. Court documentsand filling out forms can be difficult for clients, sothe team at Turner Freeman will ensure that youhave the assistance you need with the paperworkrelevant to your matter. This includes draftingInitiating Application or Responses, FinancialStatements, Subpoena, Affidavits and ConsentOrders.

Our team will represent you in negotiations or liaisewith the people relevant to your case, whether it beyour former partner, their lawyer, IndependentChildren’s Lawyer, barristers, counsellors,

mediators, experts, witnesses, and the Court. Wewill appear on your behalf in Court, mediation or insettlement negotiations when required and/orinstruct Counsel in hearings as necessary andensure that, as best we can, you will havecontinuity of legal representation for the durationof your legal matter.

Property settlements

Financial agreements

Spousal Maintenance

Divorce

Parenting orders

Child Support

Adoption

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Family Law

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Our Family Law Team

Sheridan McMahon

Paul Sant

– Senior Associate


– Partner


Turner Freeman understands Family legal

issues are stressful and are committed to

helping resolve our clients matters promptly,

cost effectively and if possible without the

need to attend court.

Our Experience

Our Services

Thinking of Purchasing a Franchise?

Turner Freeman Lawyers has an experiencedfranchising law practice led by Bill Morgan, whohas been involved in complex commercial litigationfor over 20 years including numerous proceedingsin the Federal Court of Australia, Federal CircuitCourt and the Supreme Court of Queensland, withparticular emphases on consumer protectionlitigation, franchising disputes, contractualdisputes, property disputes and insolvency andbankruptcy proceedings.

We offer a full service strategy for franchisors andfranchisees including:

We have acted in many disputes and litigationmatters involving franchisors and franchisees.

If you are thinking of purchasing a franchise wehave developed a handy guide for you to help youwith your franchise purchase called ‘Beginner’sGuide to Buying a Franchise’. The booklet listsquestions you should ask before you sign afranchise agreement and what you should look outfor when renewing your franchise agreement. If yourequire specific advice in order to make keycommercial decisions about buying a franchise ourunique dual advice approach includes separate butinterrelated comprehensive written advices on thefranchise agreement and disclosure documentsthat recognises the different nature and purpose ofthese important documents. All for a competitivefixed fee.

If you are thinking of purchasing a franchise,require the preparation or review of franchiseagreements or disclosure documents or have aquestion about franchise disputes or if you are afranchisor or franchisee needing assistance pleasecall Turner Freeman today on

Avoidance and management of franchisedisputes;

Resolution of franchise disputes in Court oroutside Court;

Advising prospective franchisees consideringthe purchase of a franchise;

Advising franchisors about compliance with theFranchising Code of Conduct and other relevantlegislation;

Preparing franchise agreements and disclosuredocuments;

Advising franchisors on the changes that need tobe made to existing franchise agreements anddisclosure documents to ensure compliancewith the new Franchising Code of Conduct whichcommences on 1 January 2015;

Pro-active advice on strategies to deal with thechanges to key legislation including theproposed extension of unfair contract termswithin Australian consumer legislation tofranchise agreements.

13 43 63

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Franchise Law

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we have developed a handy guide for

you to help you with your franchise

purchase called ‘Beginner’s Guide to

Buying a Franchise’

Do I have a Claim?

What if there is a claim against me?

Our ServicesIf you have suffered loss because of the conduct ofanother party you may be able to recovercompensation for the loss. This compensation isusually called damages. Unless the other partyacknowledges it caused the loss and voluntarilyagrees to compensate you a dispute existsbetween you and the other party.

If you are involved in a dispute we can review thefacts of your case and quickly let you know whetheryou have a claim against the party whose conductcaused you to suffer loss.

Once you ascertain that you have a claim, and thenature of your claim, we can advise you of theoptions available to you to resolve the dispute andwhat each option involves. If you decided tocommence legal proceedings we have the expertiseto prepare the court documents needed tocommence proceedings and to conduct the matterto trial.

You may not have yet been sued but you are awarethat another party may commence legalproceedings against you because of something youdid or said. At this stage an early resolution of thedispute before legal proceedings are commencedmay save you and the other party considerablelegal costs and expense.

If the dispute occurs in a business its earlyresolution may preserve an important businessrelationship that has commercial benefits to bothparties.

We have considerable experience in resolving legaldisputes by a negotiated settlement at mediationor some other alternative dispute resolutionprocess.

Often, legal proceedings can’t be avoided. if youare sued despite your best efforts to resolve thedispute we ensure that our strategic conduct ofyour defence maximises your prospects ofsuccessfully defending the other parties claims andavoiding an adverse judgement.

Turner Freeman Lawyers offer litigation and disputeresolution services in the following areas of legalpractice:

Property litigation

Corporate insolvency

Personal insolvency

Contractual disputes

Breach of trust and breach of fiduciary duty

Debt recovery

Trade practices

Consumer protection

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Our General LitigationTeam

Terence Goldberg

Michelle Walsh

Paul Sant

– Partner


– Partner


– Partner


General Litigation

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What is Medical Negligence

What types of settings give rise to medical

negligence?

When can an action in medical negligence

arise?

What do you have to prove in a medical

negligence case?

What is a person entitled to claim by way

of compensation?

A medical negligence claim is a claim forcompensation arising out of an injury suffered inthe provision of professional services by a medicalpractitioner, an allied health professional (such asa dentist, chemist or physiotherapist) or a hospital.A person must suffer an injury as caused by thatnegligence. The law is clear that a doctor treating apatient owes a duty of care arising out of that factalone. The duty in general is to “exercisereasonable professional skill and judgment”. Inother words, a health care provider is expected toprovide treatment and advice that is competentand professional. If that treatment provider fails toact in accordance with the proper standard of careand if someone has suffered an injury directly as aresult of that failure, then a person is entitled toclaim compensation for their injuries.

Medical negligence can occur in a wide variety ofsettings. Examples include: birth trauma giving riseto a brain injury; obstetrics and gynaecology;general surgery; emergency medicine; generalpractice; cardiology; cancer treatment; psychiatriccare; cosmetic care.

Examples of the situations which give rise tomedical negligence include:

Establishing that a professional has breached theirduty of care is the most crucial component of amedical negligence claim. Evidence is required thatthe health professional has acted in a manner thatwas unreasonable by reference to what an ordinaryskilled professional in that field or in that specialitywould have done. This is where expert opinionbecomes crucial. Courts usually weigh up theevidence on both sides. This can often be a difficultbalancing act and for this reason, the expertevidence obtained must be comprehensive andconvincing.

In general, if successful, a person is entitled toclaim compensation for:

Incompetent medical treatment, includingduring surgery;

Incompetent post operative care after surgery;

Failure to provide appropriate referral andtreatment for a condition;

Delay in the diagnosis of a condition;

Failure to report correctly on test results;

Failure to warn and advise on risks associatedwith treatment;

Incompetent prescription and monitoring ofmedication;

Lack of informed consent to medical treatment.

Pain and suffering;

Past and future medical and other expenses;

Past and future loss of income;

Care and domestic assistance, provided on avoluntary and paid basis;

Loss of capacity to provide domestic services toa dependent.

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Medical Negligence Claims

Our Medical NegligenceTeam

Sally Gleeson

Fiona Seaton

– Partner


– Partner


Michelle Walsh – Partner


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Our Experience

Personal Injury Claims

Why do I need a lawyer?

Turner Freeman has been successfully resolvingpersonal injury compensation claims for over 60years now. We have numerous Law Societyaccredited specialists on our team, who are lawyersidentified, monitored, and registered by the LawSociety as having extensive experience and provenexpertise in personal injury law.

Our experience and expertise are a combinationwhich allows us to offer injured persons the mostcomplete service in resolving their compensationclaims.

We understand that the consequences of an injurycan be stressful, tragic and painful. There arefinancial difficulties, and the challenges of dealingwith an insurance company. It is often a legalminefield to obtain proper compensation. We arehere to take the burden off you in navigating thatminefield and dealing with those insurancecompanies.

We act in all types of personal injury compensationclaims. We have dedicated teams which deal with:

There are strict time limits in proceeding with mostpersonal injury compensation claims, and most ofthem are now governed by the provisions innumerous statutes. It is important that claims areproceeded with expeditiously both to ensure thatno time limits are breached, and also to ensurethat maximum recovery and rehabilitation from aninjury is achieved.

Please contact any of our offices in order to discussyour personal injury compensation claim. We arecommitted to providing our experience andexpertise levels to your claim.

All types of workers compensation claims arisingunder New South Wales law and underCommonwealth law (depending upon youremployer's insurance arrangements) includingclaims for occupational diseases such asasbestos-related diseases, industrial deafness,and skin cancer.

Claims for injuries caused by workplacenegligence (known as work injury damagesclaims).

Claims for injuries arising from motor vehicleaccidents.

Claims for injuries resulting from medicalnegligence.

Claims for injuries received in public places oron private property as a result of the negligenceof another party.

Claims for other injuries received as a result ofthe negligence of another party.

Sporting injuries.

Injury and death during the course of travel.

All types of superannuation claims where aperson's injuries allow them to claim a benefitunder their superannuation policy.

All types of personal insurance claims where aperson's injuries allow them to claim a benefitunder their insurance policy.

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Personal Injury Law

Our Personal Injury Team

Gaius Whiffin

Fiona Seaton

Gerard McMahon

Michelle Walsh

Sally Gleeson

Richard Dababneh

Fady Dous

Nathan Edwards-Bonello

– Partner


– Partner


– Partner

Newcastle Office |

– Partner


– Partner


– Partner




– Associate

Campbelltown Office | 4629 1800

4926 6111

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What is Professional Negligence?

Our Services

How we can help you

By law any professional delivering a service has aduty to exercise a reasonable degree of skill orcare. When a professional fails to do so, resultingin you suffering a loss, then you could be eligible toreceive compensation for such loss.

A professional practice, be it a doctor; solicitor;accountant; engineer or otherwise, carries with it aresponsibility to deliver a service that is inaccordance with accepted professional practice. Ifthat professional breaches their duty of caretowards you, then you must prove that you havesuffered an identifiable loss. That loss, whether afinancial or injury related loss, must be directlyrelated to that professional’s negligence. You alsohave to prove that you have become worse off as aresult of that negligence.

Our specialist lawyers have decades of experiencewith disputes against a range of professional fields.Turner Freeman offers clear, comprehensive andprofessional advice to our clients, as well asproviding assistance to determine the best courseof action for each client. We consult clients whohave suffered:

If you believe you are entitled to compensation callTurner Freeman today to have your case assessed,as time limits may apply.

Our experienced team of lawyers can:

Misleading or deceptive professional advice

Inappropriate financial advice

Mistakes made by an architect or builder

Solicitor incompetence

Negligence made by medical practitioners

Errors made by an accountant

Investigate whether a professional duty of carehas been breached

Establish whether a claim can be made

Explore alternative avenues for compensationfrom poor professional advice

Determine the best course of action to minimiserisk and maximise return

Offer professional litigation services whennecessary.

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Professional Negligence

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Our ProfessionalNegligence Team

Armando Gardiman

Gerard McMahon

– Partner


– Partner



Terence Goldberg

Michelle Walsh

– Partner


– Partner


If you’ve put your trust in a professional and

they’ve let you down you may be entitled to

compensation for your losses

Our Experience Private Property

Commercial Property

Litigation

A property deal for many is one of the mostimportant transactions that is made in a lifetime. Itis an exciting time but it can also be stressful,expensive and confusing. Although the completionof a sale or purchase is rewarding theconsequences of a mistake can be serious for you,your family or your business. Whether you arebuying your first home or making a largecommercial property transaction you need expertlegal advice in plain English.

At Turner Freeman we have decades of experiencehelping people make their way in the property andrelated markets. We understand that even the mostsimple private property deal is unique. We willexamine your issues thoroughly, set out all youroptions clearly and take as much strain and stressout of the process as possible.

Commercial property transactions are morecomplex and some transactions demand a broaderrange of expertise. Our comprehensive servicesinclude:

A home is often the cornerstone of your personaland financial security. Buying or selling it can be ananxious transaction. Although you cannot alwayspredict what the real estate market will do you cantake control in at least one crucial way byprotecting yourself with good legal advice.

Our property and conveyancing Lawyers canprepare and complete your Contract for Sale, wecan peruse proposed purchase contracts andadvise you thereon and seek appropriateamendments and negotiate with parties to get youthe most effective and cost efficient transaction.

Buying and selling real estate

Buying and selling a business

Commercial and Retail leasing

Mortgage and Finance matters

Franchising

A commercial property deal demands often more

than just transactional skills. You need a Lawyer

with a business mind and foresight to help you

think through all the issues. This is often an area

where a broad range of expertise can assist you in

completing a successful transaction.

When you own property there is always a chance

that you may be involved in a dispute. A drawn out

costly battle can have serious financial

consequences. Turner Freeman has excelled at

protecting clients’ rights for over 50 years. Our

expertise in litigation provides the broad service

that you might require in a dispute arising from a

property and or conveyance matter.

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Property and Conveyancing Law

Our Property andConveyancing Law Team

John Mann

Paul Sant

– Special Counsel

Penrith Office | 4729 5200

– Partner


15

Public Liability Claims

Occupiers Liability

Damages

A public liability claim can be made in a widevariety of circumstances where you are injuredbecause of the failure of another person,government authority or business operators to takereasonable care for your safety. It must be provedthe injury was caused as a result of the negligenceof another. In some circumstances howeverlegislation eliminates the need to prove fault, andin other circumstances legislation restricts theability to claim negligence.

Turner Freeman can assist you with public liabilityclaims including:

A business owner, government authority orhouseholder may be liable in negligence if you areinjured as a result of a slip and fall or trip and fallaccident.

There must be reasonable failure to remove slip ortrip hazards from floors or stairways of thepremises. For instance a supermarket operator maybe liable in negligence for failing to arrange forcleaners to routinely inspect floors and removespillages or to erect warning signs.

But an occupier of the premises will not be liable innegligence under the civil liability legislation forfailing to warn of slip or trip hazards that representan 'obvious risk'.

Compensation in a public liability claim isrestricted under the civil liability legislation to:

You can make a claim by issuing a letter of demandupon the negligent party so that the public liabilityinsurer for the party can be put on notice of theclaim.

Any court proceedings must be commenced withinthree years from the date of the accident. This is toprevent the negligent party from raising a limitationdefence.

Occupiers liability

Recreational and sporting accidents

Animal attacks

Road and footpath authorities

Pain and suffering is limited to injuries anddisabilities greater than 15% of a most extremecase of injuries

Past and future loss of income is reduced by a5% discount rate for future loss

Past and future medical expenses

Past and future care and equipment includinghome modification expenses

Past and future domestic and personalassistance provided free of charge incircumstances where the assistance has beenprovided for a minimum six hours per week andfor period of time greater than six months. Anhourly rate based upon Average Weekly Earningsrather than commercial rates can be claimed bythe assistance.

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Public and Occupiers Liability

Our Public and OccupiersLiability Team

Gaius Whiffin

Fiona Seaton

Gerard McMahon

Michelle Walsh

Sally Gleeson

Richard Dababneh

Fady Dous


– Partner


– Partner


– Partner

Newcastle Office |

– Partner


– Partner


– Partner




– Associate


4926 6111

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Do I have a claim?

What can we do for you

Why do you need a lawyer

When you have sustained a permanent injury froma motor vehicle accident there are significant legalconsiderations to make prior to lodging a claim. AtTurner Freeman Lawyers we specialise in MotorAccident Compensation Law and we understandwhat preparations and information are needed tosuccessfully prosecute your claim.

If you have been involved in an accident involvingthe use or operation of a motor vehicle that causesinjury to a person during:

then you may have a claim.

It is important to make contact with Turner Freemanwho can assist you in determining whether or notyour claim falls within the provisions of the relevantlegislation.

We act on a no win-no fee basis to determine earlyon whether or not your claim has reasonableprospects of success.

We then make use of our knowledge and skills toprepare your case to meet all the legislativerequirements and achieve maximum compensationfor you and your family.

Often insurance companies will use technical legalarguments to limit and restrict your case. Withoutthe advice and action of Turner Freeman Lawyersyou could miss out or have your entitlementsreduced.

We make use of our experience and resources toplace you in the best position to win your case.

The driving of the vehicle

A collision, or action taken to avoid a collision,with the vehicle

The vehicle’s running out of control

A dangerous situation caused by the driving ofthe vehicle, a collision or action taken to avoid acollision with the vehicle, or the vehicle’srunning out of control

The law governing motor accident claims is

extremely complex and difficult to navigate.

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Road Accident Claims

Our Road AccidentClaims Team

Gaius Whiffin

Fiona Seaton

Sally Gleeson

Richard Dababneh


Fady Dous

Gerard McMahon

Michelle Walsh

– Partner


– Partner


– Partner


– Partner


– Associate




– Partner

Newcastle Office |

– Partner


4926 6111

17

Do I have a claim? What can we do for you?

Why do I need a lawyer?

When you are injured and unable to work or enjoy

your usual daily activities you may have insurance

coverage that you are not aware of. If you are

dependent on a deceased loved one you or the

deceased’s estate may also be entitled to claim on

insurance.

This can be in the form of total and permanent

disability insurance attached to your

superannuation, mortgage or other loan insurance,

income protection or life insurance or other

occupational specific cover.

These benefits are commonly available in addition

to any workers or similar compensation you may

have received for the injury or illness.

Unlike other claims, when claiming for total and

permanent disablement or life coverage you do not

need to prove that the injury or illness was caused

by someone else or that it is work related. You just

need to show that the injury or illness is significant

and has affected your ability to earn an income or

has seriously impeded your ability to engage in

your daily activities.

We can help you find out if you are covered or not

free of charge.

We can assess whether a claim is viable.

If you have coverage and are injured or ill or the

beneficiary of a deceased estate we can help you

bring a claim and ensure that the benefits you

receive are maximised.

We will assist you with your claim on a “no win-no

fee” basis meaning that you do not have to pay us

anything for our work unless you are successful. We

will also cover any expenses incurred in proving

your claim.

Unlike other law firms we will act on a fixed fee

basis so you know from the outset what your claim

is going to cost.

Insurance claims are never straight forward. The

policy documents which set out the rules for who

gets paid and when are often long and hard to

understand. There is also a lot of regulation and

laws that apply to insurance claims. If you are not

familiar with those laws this may mean you miss

out on receiving benefits that you really should be

getting.

Superannuation TPD and

Life Insurance Claims

Turner

Lawyers

FreemanTurner

Lawyers


Our Superannuation TPD andLife Insurance Claims Team

Sally Gleeson

Gaius Whiffin

– Partner


– Partner


Gerard McMahon

Michelle Walsh

– Partner


– Partner

Wollongong Office | 4228 1055For further information on Turner Freeman’s

Superannuation TPD and Insurance Claims

visit our website www.superclaim.com.au

For further information on Turner Freeman’s

Superannuation TPD and Insurance Claims

visit our website www.superclaim.com.au

Challenging or contesting a will

Family Provision Claims

Estates

Why you may need a lawyer for your

estate

If you decide you wish to challenge or contest a will

because the will is unfair, fraudulent or undue

influence was used on the testator when the will

was created, then you should contact a Turner

Freeman solicitor today for a consultation to

determine how we can help you. To determine if

you have a valid claim, the solicitor will ask you a

range of questions including:

In some circumstances, the deceased may haveconsidered you under their will, but the assets heldby the deceased may not form part of the Estate,such as a jointly held property with a spouse orother person. If this is the case, there may not bemuch left for you under the terms of the Will.

If you have a family provision claim you may beentitled to seek compensation from the assetsoutside the Estate, known as “Notional Estate”, asa Court can make orders in regards to theredistribution of Notional Estate. It is important tocontact a solicitor for a consultation as soon aspossible to determine whether your matterqualifies for a Family Provision Claim, as time limitsapply.

Estate planning is a strategy to ensure your assetsgo to the right people, in a way that will give themthe maximum benefit. It deals with issues like taxminimisation, setting up trusts and methods ofensuring that your affairs are arranged in a way thatbest suits your needs and the needs of your futurebeneficiaries. Estate planning ensures you makethe most of your estate property now and in thefuture.

Without professional estate planning, yourbeneficiaries may face higher tax or litigation coststhan necessary, or your assets may go to someoneyou did not intend to leave them to. Where estatesare involved, disputes can arise. You may need todefend a claim against an estate or to make aclaim. Contact Turner Freeman today to avoiddisputes and secure your estate today.

Your relationship to the deceased

The circumstances surrounding the drafting ofthe unfair will in question

The contents of the unfair will

Why you consider the will to be unfair

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Will Disputes and Estate Litigation

19

Our Will Disputes andEstate Litigation Team

Terence Goldberg

John Mann

– Partner


– Special Counsel


Paul Sant – Partner


*For Family Provisions Claims


Will Disputes and Estate Litigation visit our

website www.unfairwills.com.au


Will Disputes and Estate Litigation visit our

website www.unfairwills.com.au

Why you need a valid will

Probate

Applying for a grant of probate

Powers of attorney

A will is a legal document that allows you to sayhow you want your property, money and personalitems to be distributed after your death. A will hasno validity until death occurs. Anyone aged 18 andover can make a will and here at Turner Freeman webelieve everyone should.

Our expert lawyers understand the importance ofyour will being prepared in a professional andcapable manner. Our dedicated team will provideyou with expert care when undertaking the legalprocess of creating your will. A properly preparedwill leaves you with the security that your estate(property, money and possessions) are in thehands of your loved ones. So contact TurnerFreeman today to have your will created or to makechanges to your current will.

Probate is an order from the Supreme Court statingthat the will has been proved to be the last validwill of the deceased, and allowing an executor tocollect and distribute the estate in accordance withthe terms of the will. A grant of probate can only bemade if there is a will. If you cannot find a will inthe deceased’s personal papers, check with theirbank or solicitor, or the NSW Trustee.

At Turner Freeman a solicitor will advise you on allthe relevant legal issues surrounding probate and

assist you to deal with any difficulties that mayarise. Being an executor is a time consuming anddemanding role. A solicitor can simplify theprocess for all concerned. If no executor wasappointed in the will, the court will appoint anadministrator, usually the major beneficiary, tocarry out the terms of the will.

A ‘general power of attorney’ is useful if you plan tobe overseas or away for a while and need to havesome documents signed on your behalf. A properlydrawn general power of attorney authorisesanother person (or more than one) to signdocuments as your agent.

An ‘enduring power of attorney’ must be certifiedby a prescribed witness like a Turner Freemansolicitor and is essential if you want to havesomeone who can assist with legal, financial andmedical matters if you become unable to do so foryourself, for example, if you lose capacity to makeyour own decisions.

Wills, Powers of Attorney and Enduring

Guardianship, Probate

Turner

Lawyers

FreemanTurner

Lawyers


Our Wills, Probate andPowers of Attorney Team

Terence Goldberg

John Mann

Paul Sant

– Partner


– Special Counsel


– Partner


To ensure your estate is given to

people you care about when you die,

prepare a legal will

Statutory workers compensation claims

Work injury damages claims

Unfortunately many injuries happen in theworkplace. If you are injured at work, or your workcontributed to you suffering an injury, you areentitled to claim workers compensation benefits.

Workers compensation entitlements can include:

The workers' compensation legislation is quitecomplex, and legal advice is recommended in orderto ensure that an injured worker's compensationentitlements are fully claimed.

So that we might be able to assess your workerscompensation claim, please contact your nearestTurner Freeman office and ask to be put through toour specialist workers compensation team.

If a worker is injured in circumstances where theemployer is negligent or at fault, they may beentitled to bring a work injury damages claim. Thebringing of such a claim will terminate the injuredworker's statutory workers compensationentitlements.

A work injury damages claim cannot be broughtagainst an employer unless the injured worker hasbeen assessed and agreed as having at least 15%whole person impairment in accordance withWorkCover Guidelines.

In those circumstances, the injured worker willreceive their statutory workers compensation

entitlements, including lump sum compensationpursuant to those entitlements for the degree ofimpairment until the work injury damages claim isresolved.

The work injury damages claim then allows theinjured worker in addition to claim compensationfor the entire extent of their past and futureeconomic losses, including the loss ofsuperannuation benefits. These losses aregenerally greater than a worker would receive underthe statutory scheme.

It is necessary to comply with strict time limits andprocedures in order to make work injury damagesclaims, and it is therefore recommended that legaladvice be obtained as soon as possible in thisregard.

For an assessment of your work injury damagesclaim please contact your nearest Turner Freemanoffice.

Weekly payments for periods that you are unfitfor work or fit for only suitable or part time lightduties.

Medical, hospital, and treatment expenses.

Lump sum compensation if a permanentimpairment is suffered

Claims for dependency in the event of the deathof a worker.

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Workers Compensation and

Work Injury Damages

21

Our Workers Compensationand Work Injury DamagesTeam

Gaius Whiffin

Fiona Seaton

Gerard McMahon

Michelle Walsh

Sally Gleeson

Fady Dous


– Partner


– Partner


– Partner

Newcastle Office |

– Partner


– Partner




– Associate


4926 6111

We can help you bring a claim and

ensure that the benefits you receive

are maximised

Turner

Lawyers

FreemanTurner

Lawyers


Armando Gardiman

Terence Goldberg

Gerard McMahon

(PARRAMATTA OFFICE)

Armando has the overall responsibility for the Dust Disease Litigation practice ofTurner Freeman. He specialises and practices in the area of Asbestos Litigationand acts for clients suffering from mesothelioma, asbestosis and asbestosrelated lung cancers.

Telephone: (02) 8833 2500

Email: [email protected]

In person: Level 8, 100 George Street, Parramatta NSW 2500

Terence is highly renowned and respected within the legal community. He is anexceptionally experienced lawyer with a breadth of legal knowledge andtechnical ability that is unique to Sydney and surrounding areas. Terryspecialises in complicated and technical cases that employ this vast knowledge.

Telephone: (02) 8222 3333


In person: Level 13, 39 Martin Place, Sydney NSW 2000

Gerard has been the Managing Partner of the Newcastle office since 2003.Gerard is an Accredited Specialist in Personal Injury Law and is a highlyexperienced plaintiff lawyer who specialises and practices in the area ofasbestos litigation, acting for clients suffering from mesothelioma, asbestosisand asbestos related lung cancers. Gerard also has an extensive personal injurypractice involving CTP claims, Work Injury Damages claims and also practices inthe area of Elder Law.

Telephone: (02) 4926 6111


In person: Level 3, 384 Hunter Street Newcastle NSW 2300

(SYDNEY OFFICE)

(NEWCASTLE OFFICE)

Our People

MANAGING PARTNER

PARTNER

PARTNER

Tanya Segelov

David Taylor

Gaius Whiffin

(SYDNEY OFFICE)

Tanya has litigated some of the most difficult and significant dust diseasesclaims in Australia and recently achieved the highest general damages award fora client suffering asbestosis. In recognition of her reputation in this area of lawTanya was appointed to the Asbestos Safety and Eradication Agency (ASEA) bythe Gillard Government. Tanya specialises and practices in the area of AsbestosLitigation and acts for clients suffering from mesothelioma, asbestosis andasbestos related lung cancers.

Telephone: (02) 8222 3333



David is an Accredited Specialist in Employment & Industrial Law. He specialisesand practices in the areas of Employment law, Industrial law, Compensationclaims, Litigation and Dispute Resolution, Civil claims and Administrative law.

Telephone: (02) 8222 3333



Gaius is an Accredited Specialist in Personal Injury Law. He has extensiveexpertise in the areas of Compensation claims, Motor Vehicle Accident claims,Work Injury Damages, Skin Cancer as well as Public And Product Liability matters.

Telephone: (02) 8222 3333



(SYDNEY OFFICE)

(SYDNEY OFFICE)

23

PARTNER

PARTNER

PARTNER

Turner

Lawyers

FreemanTurner

Lawyers


Sally Gleeson

Paul Sant

Richard Dababneh

(PARRAMATTA OFFICE)

Sally specialises in Medical Negligence, Work Injury Damages and Motor VehicleAccident claims. She also has an extensive practice in Public Liability and Totaland Permanent Disability claims.

Telephone: (02) 8833 2500



Paul specialises in Family Law, including divorce and separation, propertysettlement, parental contact, de-facto rights and disputes and financialagreements. Paul also has extensive experience in the areas of Conveyancing,Wills & Estates and Commercial Litigation.

Telephone: (02) 8833 2500



Richard is an Accredited Specialist in Personal Injury Law. Richard specializes inpersonal injury litigation with focus on Workers Compensation claims, Work InjuryDamages, Comcare claims, Motor Vehicle Accident claims, Public Liability andIndustrial Deafness claims.

Telephone: (02) 8833 2500



(PARRAMATTA OFFICE)

(PARRAMATTA OFFICE)

PARTNER

PARTNER

PARTNER

25

Fiona Seaton

Michelle Walsh

Sheridan McMahon

( OFFICE)SYDNEY

(WOLLONGONG OFFICE)

(SYDNEY OFFICE)

Fiona is an Accredited Specialist in Personal Injury Law. She specialises in DustDiseases Litigation, Workers Compensation claims, Work Injury Damages,Medical Negligence and Public Liability claims. Fiona also has a background inEmployment Law.

Sheridan is an Accredited Specialist in Family Law and is the head of the TurnerFreeman Family Law Division. Sheridan practices exclusively in the area of Familyand De Facto Law and has comprehensive experience in both complex propertyand parenting matters.

Telephone: (02) 8222 3333



Michelle Walsh is the Managing Partner of our Wollongong office. She isexperienced in civil litigation for client’s rights and insurance disputes in theDistrict and Supreme Court and other courts. She also has extensive experiencein the areas of Employment Law, Family Law and Litigation And DisputeResolution.

Telephone: (02) 4228 1055


In person: Level 1, Suite 2, 72–76 Crown Street, Wollongong NSW 2500

Telephone: (02) 8222 3333



PARTNER

PARTNER

SENIOR ASSOCIATE


Fady Dous

John Mann

(CAMPBELLTOWN OFFICE)

Nathan is an Associate and managing solicitor of Turner Freeman Campbelltown.Since arriving in Campbelltown Nathan has successful built a very substantiallegal practice with strong emphasis on personal injury claims. He specialises inall types of personal injury work including Motor Vehicle Accident claims, PublicLiability claims, Medical Negligence claims, Workers Compensation claims andTotal And Permanent Disability claims.

Telephone: (02) 4629 1800


In person: Level 4, Macarthur Square Shopping Centre, Gilchrist Drive,

Campbelltown NSW 2560

Fady is a Senior Associate practicing in the area of Personal Injury Litigation witha focus on Workers Compensation claims, Work Injury Damages claims, MotorVehicle Accident claims, Public Liability claims, Industrial Deafness and Totaland Permanent Disability Claims.

Telephone: (02) 8833 2500



John is an Accredited Specialist in Property Law and in Wills And Estates Law. Hehas a high level of expertise in relation to all aspects of Conveyancing, TenancyLaw and Property Litigation. John also has a high level of expertise in relation tothe drawing of Wills, the Administration of Probate, Probate Litigation and FamilyProvision claims.

Telephone: (02) 4729 5200


In person: Suite 4, 311 High Street, Penrith NSW 2750

(PARRAMATTA OFFICE)

(PENRITH OFFICE)

ASSOCIATE

SENIOR ASSOCIATE

Turner

Lawyers

FreemanTurner

Lawyers


SPECIAL COUNSEL

PARRAMATTA

SYDNEY

CAMPBELLTOWN

PENRITH

GLOUCESTER OFFICE

NEWCASTLE

WOLLONGONG

Level 8, 100 George Street

Parramatta NSW 2150

PO Box 4084

Parramatta NSW 2124

Tel 02 8833 2500

Fax 02 8833 2549

Toll Free 1800 800 088

Level 13, 39 Martin Place

Sydney NSW 2000

Tel 02 8222 3333

Fax 02 8222 3349

Toll Free 1800 061 601

Level 4,

Macarthur Square Shopping Centre

Gilchrist Drive

Campbelltown NSW 2560

Tel 02 4629 1800

Fax 02 4629 1805

Toll Free 1800 800 088

Suite 4, 311 High Street

Penrith NSW 2750

Tel 02 4729 5200

Fax 02 4725 5249

Toll Free 1800 800 088

By appointment only

Level 3, 384 Hunter Street

Newcastle NSW 2300

Tel 02 4926 6111

Fax 02 4925 3163

Level 1, 72–76 Crown Street

Wollongong NSW 2500

Tel 02 4228 1055

Fax 02 4228 1714

The Old Bank Chambers

23 Church Street

Gloucester NSW 2422

Tel: 02 6558 1209

Fax: 02 6558 1499

Est. 1952

Ring our toll free number to be connected

to your nearest Turner Freeman office 13 43 63

We also have interstate offices located at:

Adelaide, Brisbane, Cairns, Ipswich, Logan City, Maroochydore,Perth, Southport and Toowoomba.

We also have interstate offices located at:

Contact us

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