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⚖️ Understanding Your Legal Rights

💰 Legal Costs & Fees

🔍 Finding & Choosing a Lawyer

📱 Using KAYAHA Australia

🏛️ Legal Process & Courts

🚗 Personal Injury & Accidents

👨‍👩‍👧‍👦 Family Law

⚖️ Criminal Law

Do I need a lawyer for my situation?

It depends on your case complexity. For simple matters like uncontested wills or straightforward contracts, you might manage with templates.

However, for personal injury claims, criminal charges, complex divorces, or immigration appeals, a lawyer significantly increases your chances of success. We recommend booking a free consultation to assess your specific situation.

How do I know if I have a valid legal claim?

Valid claims typically require:

You suffered harm or loss
Someone else was at fault
You can prove the connection
You're within the time limits (usually 3 years for personal injury in Australia).

pin Use our free case assessment tools or book a consultation with a lawyer for a professional evaluation.

Can I represent myself in court?

Yes, you can represent yourself (called "self-representation" or appearing "pro se"), but it's rarely recommended except for small claims court. Australian courts are complex, and judges cannot give you legal advice. For criminal charges, family law, or significant civil matters, legal representation dramatically improves outcomes.

What's the difference between a solicitor and a barrister in Australia?

Solicitors provide general legal advice, handle documents, and manage your case day-to-day.

Barristers are specialist advocates who represent you in court. Most Australians work with solicitors, who engage barristers when court representation is needed.

Some lawyers practice as both.

How long do I have to file a legal claim in Australia?

Time limits (called "limitation periods") vary by claim type:

Personal injury: 3 years from incident (some states).
Property damage: 6 years
Contract disputes: 6 years
Defamation: 1 year
Workers compensation: Varies by state, often 6 months to report Missing deadlines usually means losing your right to claim. Act quickly.

What should I do immediately after an accident or incident?

Seek medical attention—your health comes first
Document everything—photos, witness details, incident reports
Don't admit fault or sign anything without legal advice
Report to relevant authorities (police for criminal matters, employer for workplace injuries)
Keep all receipts and records
Contact a lawyer as soon as possible for advice.

Can I get compensation if the accident was partly my fault?

Yes, in most Australian states. This is called "contributory negligence." Your compensation is reduced by your percentage of fault.

For example, if you're found 20% at fault, your compensation reduces by 20%. Each state has different rules—some bar claims if you're more than 50% at fault.

What does "no win, no fee" mean?

"No win, no fee" (also called "conditional fee" or "no success, no fee") means you don't pay legal fees unless you win your case.

If you win, the lawyer takes a percentage (typically 20-25% plus GST) of your compensation.
If you lose, you pay nothing for legal fees, though you might still owe disbursements (court fees, expert reports).

Am I entitled to Legal Aid in Australia?

Legal Aid eligibility depends on:

Your income and assets (must be below thresholds)
Type of case (criminal, family law, and some civil matters qualify)
Don't admit fault or sign anything without legal advice
Merits of your case

Legal Aid doesn't cover personal injury, property disputes, or most immigration matters. Apply through your state's Legal Aid office.

What happens if I can't afford a lawyer?

Options include:

Free initial consultations (most lawyers offer these)
Legal Aid (for eligible people and case types)
Community Legal Centres (free advice for low-income Australians)
Pro bono services (volunteer lawyers)
No win, no fee arrangements (for personal injury)
Payment plans with private lawyers.

What are my rights if I've been in a car accident in Australia?

In Australia, you have rights to: Claim medical expenses through CTP (Compulsory Third Party) insurance, seek compensation for lost wages, claim for pain and suffering, recover property damage costs, and access rehabilitation services. Rights vary by state—NSW, Victoria, and Queensland have different schemes.

Can I change lawyers if I'm unhappy?

Yes, you can change lawyers at any time. You'll need to:

Inform your current lawyer in writing
Pay any outstanding fees for work completed
Request your file be transferred
Engage a new lawyer who will request the file. There may be costs involved, so discuss with both lawyers first.

How much does a lawyer cost in Australia?

Costs vary widely by location, experience, and case type:

Initial consultation: $0-$300 (many lawyers offer free first consultations)
Hourly rates: $200-$600+ per hour (Sydney/Melbourne), $150-$400 (regional)
Fixed fees: $500-$2,000 for simple matters (wills, basic contracts)
Personal injury: Usually no win, no fee (20-25% of settlement)
Criminal defence: $3,000-$50,000+ depending on seriousness, Always ask for a costs agreement upfront.

What's included in legal fees?

Legal fees typically include: Lawyer's time for advice, research, drafting documents, negotiations, and court representation.

What's often NOT included: Court filing fees, expert reports, barrister fees, courier costs, photocopying, and disbursements. Always ask for a detailed costs breakdown before engaging a lawyer.

Do I have to pay if I lose my case?

Depends on your arrangement:

Standard billing: You pay your lawyer's fees regardless of outcome
No win, no fee: You pay nothing if you lose (personal injury cases)
Court orders: The losing party often pays some of the winner's legal costs
Your own disbursements: You usually pay these even if you lose Discuss this clearly with your lawyer before starting.

Can I negotiate lawyer fees?

Yes! Many lawyers are open to negotiation, especially for: Payment plans, fixed-fee arrangements instead of hourly rates, reduced rates for straightforward matters, and bulk discounts if you need ongoing work. Don't hesitate to discuss budget constraints upfront—lawyers want to help find workable solutions.

What are disbursements?

Disbursements are out-of-pocket expenses lawyers pay on your behalf:

Court filing fees ($100-$5,000+)
expert witness reports ($500-$5,000+)
barrister fees ($2,000-$10,000+ per day)
medical reports ($300-$1,000), search fees, and photocopying

You're responsible for these even in no win, no fee arrangements.

How do no win, no fee agreements work?

Common in personal injury cases. The agreement states: You pay no legal fees if you lose, if you win the lawyer takes a percentage (usually 20-25% + GST) of your settlement, you may still pay disbursements regardless of outcome, the lawyer assesses your case first to determine if it's viable. Always read the agreement carefully before signing.

Can I get my legal costs back if I win?

Partially, in many cases. Australian courts often order the losing party to pay "costs," but this rarely covers 100% of your actual legal bills.

Typical recovery is 60-80% of fees. In personal injury cases, costs are usually negotiated as part of the settlement. This is why no win, no fee arrangements exist.

What should a costs agreement include?

Every costs agreement in Australia must include: Estimated total costs or range, basis for charging (hourly rate, fixed fee, percentage), how and when you'll be billed, what's included and excluded, dispute resolution process, your right to negotiate costs, and disclosure requirements. It must be in writing before substantial work begins.

How do I find a good lawyer in Australia?

Start with:

Our verified lawyer directory filtered by practice area and location
Law Society referral services in your state
Personal recommendations from trusted friends/family
Online reviews on Google and legal directories
Initial consultations to assess fit. Check they're licensed and have no disciplinary history.

What questions should I ask during a consultation?

Essential questions:

"How much experience do you have with cases like mine?"
"What are my chances of success?"
"How long will this take?"
"What will it cost (total estimate)?"
"What's your communication style and response time?"
"Who will actually handle my case?"
"What are the risks and alternatives?"
"Do you offer payment plans or no win, no fee?"

Should I choose a specialist or a general lawyer?

For complex or high-stakes matters, choose a specialist (accredited specialists have additional qualifications).

For example: Personal injury specialists for accident claims, family law specialists for complex custody matters, immigration lawyers for visa refusals. For simple matters (basic wills, straightforward contracts), a general practitioner is usually fine.

Does the lawyer's location matter?

It depends. For court matters, a local lawyer familiar with that court and local judges can be advantageous. For non-court matters (contracts, advice, negotiations), location matters less—many lawyers work remotely Australia-wide. However, face-to-face meetings can be valuable for complex emotional matters like family law.

How do I verify a lawyer is legitimate?

Check:

They're registered with their state Law Society
Current practicing certificate
No disciplinary history (search your state's Legal Services Commissioner)
Professional indemnity insurance
Physical office address
Written costs agreement
Avoid lawyers who guarantee outcomes or ask for large upfront payments without a proper agreement

What's the difference between law firms?

Sole practitioners: Individual lawyers, often more personalized service, lower overheads
Small firms: 2-10 lawyers, may offer better rates, more accessible
Medium firms: 11-50 lawyers, various specializations, established reputation
Large firms: 50+ lawyers, high-end complex work, premium pricing
Community Legal Centres: Free services for eligible low-income clients

Choose based on your needs and budget.

Can I use a lawyer from another state?

Generally yes, but: Lawyers must understand the laws of your state (laws vary across Australia), for court matters, they must be admitted in that state or arrange local counsel, costs may be higher for interstate lawyers (travel, etc.), and communication might be more challenging. For online matters (contracts, advice), interstate lawyers work fine.

Is KAYAHA Australia free to use?

Yes! All our legal guides, articles, calculators, and tools are 100% free with no registration required.

We earn commissions when you connect with lawyers through our directory or use affiliate products we recommend, but there's zero cost to you for accessing information.

Is the legal information on this site accurate?

Yes. Every article is written and reviewed by practicing Australian lawyers admitted in their respective states.

However, this is general legal information, not legal advice for your specific situation. Laws change regularly—we update content monthly, but always verify with a lawyer for your particular case.

Can I rely on this information for my legal case?

Our content provides general guidance to help you understand Australian law and your options.

However: You should not rely solely on this information for legal decisions, laws vary by state and change frequently, every case has unique factors, we don't know your specific circumstances. Always consult a qualified lawyer for advice on your situation.

How do I find information on a specific legal topic?

Use:

Search bar at the top of every page
Browse by category (Personal Injury, Family Law, Criminal Law, etc.)
Filter by state/territory
Use our legal calculators and tools section
Check our blog for recent updates and case studies.

pin Still can't find it?

How do you choose which lawyers to list in your directory?

We verify every lawyer:

Current practicing certificate in their state
No disciplinary history
Professional indemnity insurance
Physical office location
Minimum 2 years experience (3+ years preferred)
Positive client reviews

We remove lawyers with consistent complaints or poor service. Your feedback helps us maintain quality.

Do you recommend lawyers or just list them?

We verify and list qualified lawyers but don't "recommend" specific lawyers for your case—only you can decide the best fit after consultations.

We provide: Profiles with experience and specializations, client reviews and ratings, fee structures, and free initial consultation offers. Compare multiple lawyers before choosing.

How do the free consultations work?

Many lawyers in our directory offer free 15-30 minute initial consultations. During this: You explain your situation, the lawyer assesses your case, you discuss potential outcomes and costs, you decide if you want to proceed together.

There's no obligation—use this opportunity to meet several lawyers before choosing one.

How is KAYAHA different from other legal websites?

We focus specifically on Australian law (not generic international advice), all content is written by qualified Australian lawyers, we cover all states and territories with state-specific information, we combine education with direct lawyer connections, everything is free with no paywalls, and we update content regularly as laws change. Plus we explain law in plain English, not legal jargon.

Can I submit a question to be answered?

Yes! Use our "Ask a Question" form or email contact@kayaha.com.

We review all submissions and: Create new articles on commonly asked topics, update existing content with additional information, connect you with appropriate lawyers for personalized advice. We can't provide specific legal advice, but we can point you toward resources and qualified lawyers.

How do I report incorrect information?

We take accuracy seriously. If you spot an error: Email contact@kayaha.com with the article URL and specific error, use the "Report Issue" button on any article, or contact us through our website form. We'll review immediately and update if confirmed. All corrections are reviewed by our legal team within 48 hours.

What happens in my first court appearance?

Depends on the court and case type, but typically: You (or your lawyer) appear before a magistrate or judge, charges or claims are formally read, you enter a plea (criminal) or response (civil), the court sets dates for future proceedings, bail conditions may be set (criminal matters), directions are given for evidence exchange. Your lawyer will prepare you thoroughly beforehand.

How long does a legal case take in Australia?

Timelines vary enormously:

Simple uncontested matters: 1-3 months
Personal injury claims: 6-24 months
Complex civil litigation: 1-3 years
Criminal trials: 6-18 months
Family law property settlement: 6-18 months
Divorce (no children/property) 12+ months (includes separation period)
Appeals: 6-18 months additional

Your lawyer can provide estimates for your specific case.

What's the difference between criminal and civil law?

Criminal law: Government prosecutes you for breaking criminal laws (theft, assault, DUI), penalties include jail, fines, community service, you're proven guilty "beyond reasonable doubt," you have right to silence and presumption of innocence.

Civil law: One person/company sues another for compensation, no jail time (only money or orders), proven on "balance of probabilities" (more likely than not), covers injury claims, contracts, property, family matters.

What are the different types of courts in Australia?

From lowest to highest:

Local/Magistrates Court: Minor criminal, small claims (<$100K), simpler matters
District/County Court: Serious criminal, mid-range civil ($100K-$750K), appeals from Local Court
Supreme Court: Serious criminal (murder), large civil claims (>$750K), company law, appeals
Family Court: Divorce, custody, property settlement (specialized federal court)
Family law property settlement: 6-18 months
Federal Court: Federal law, immigration, tax, intellectual property
High Court: Highest appeals, constitutional matters

What's the difference between a hearing and a trial?

A hearing is a shorter court session where the judge decides on a specific issue (bail application, interim orders, procedural matters).

A trial is the full contested case where both sides present all evidence, call witnesses, and the judge/jury makes a final decision on guilt (criminal) or liability (civil). Most cases settle before trial.

What happens in mediation?

Mediation is a voluntary, confidential process where: A neutral mediator (not a judge) helps parties negotiate, each side explains their position, the mediator identifies common ground and solutions, parties control the outcome (not imposed by court), if agreement is reached it becomes legally binding. Common in family law, workplace disputes, and some personal injury cases. Much cheaper and faster than court.

Can I settle my case out of court?

Yes, and most cases do! Out-of-court settlement means: Parties negotiate directly or through lawyers, reach mutually acceptable terms, sign a settlement agreement, avoid court time and costs, keep matters private (no public record).

You can settle any time—before filing court papers, after filing, even during a trial. Your lawyer will advise if the offer is fair.

What happens if I ignore a court order or summons?

Serious consequences: Warrant for your arrest (criminal matters), judgment against you by default (civil matters), additional fines and penalties, contempt of court charges, you lose the right to defend yourself.

If you receive a court summons or order: Never ignore it, contact a lawyer immediately, respond by the deadline, attend all required court dates.

What compensation can I claim after a car accident?

You can claim: Medical expenses (past and future), lost wages and earning capacity, pain and suffering, cost of care and assistance, home modifications if disabled, vehicle damage, out-of-pocket expenses.

In Australia, this is through CTP (Compulsory Third Party) insurance in most states. Amount depends on severity, state you're in, and fault determination.

What should I NOT do after an accident?

Don't: Admit fault or apologize (can be used against you), sign anything from insurance companies without legal advice, accept the first settlement offer, post about the accident on social media (insurers monitor this), miss medical appointments (weakens your claim), wait too long to see a lawyer (evidence disappears), settle before knowing full extent of injuries.

How much is my personal injury claim worth?

Value depends on: Severity and permanence of injuries, medical costs (past and future), lost income (past and future), age and occupation (affects future earning loss), pain and suffering, degree of fault, state you're in (different compensation schemes). Use our compensation calculator for an estimate, then consult a lawyer for accurate assessment. Claims range from $5,000 to $1M+.

What's the difference between fault-based and no-fault insurance in Australia?

Fault-based states (NSW, SA, TAS): You must prove someone else was at fault to claim compensation. Higher payouts possible for serious injuries.
No-fault states (VIC, QLD):You can claim regardless of fault, but compensation may be capped or lower for minor injuries. Each system has complex rules.

Can I claim for psychological injuries?

Yes. Psychological injuries (PTSD, anxiety, depression) from accidents or workplace incidents are valid claims in Australia. You'll need: Diagnosis from a psychologist or psychiatrist, evidence linking the condition to the incident, documentation of treatment and impact on daily life.

These claims can be complex—psychological injury lawyers specialize in this area.

How do I file for divorce in Australia?

Requirements: Married at least 12 months, permanently separated for at least 12 months, satisfy court you or spouse is Australian citizen/resident, prove marriage cannot be saved.

Process: Apply online through Federal Circuit Court website ($990 fee), serve documents on spouse, attend court hearing (if contested or children under 18), court grants divorce (becomes final 1 month + 1 day later). Can do yourself or use a lawyer.

How is property divided in a divorce?

Australia uses a 4-step process:

Identify and value all assets and debts
Assess each person's contributions (financial and non-financial, including homemaker)
Consider future needs (age, health, income, care of children)
Determine if the division is just and equitable.

There's no automatic 50/50 split—depends on circumstances. Best to negotiate, otherwise court decides.

How is child custody decided in Australia?

Courts don't use "custody" anymore—it's now "parenting arrangements." The paramount consideration is the best interests of the child, considering: Benefit of meaningful relationship with both parents, need to protect child from harm, child's wishes (depending on age/maturity), practical ability of each parent to care for child, nature of relationship with each parent. Courts prefer both parents share responsibility unless there's abuse/violence.

How much is child support in Australia?

Child support is calculated by Services Australia using: Each parent's taxable income, number of children, percentage of care each parent provides, ages of children, and cost of living. Use the Child Support Calculator on Services Australia website for estimates. Formula-based, not negotiable, except through binding child support agreements with legal advice.

Can I get a binding financial agreement (prenup) in Australia?

Yes. Binding Financial Agreements (BFAs) can be made: Before marriage (prenuptial), during marriage, after separation, or after divorce.

Requirements: Both parties get independent legal advice, both lawyers sign certificates, agreement is in writing and signed, full financial disclosure by both parties. If done properly, BFAs are enforceable and prevent court intervention in property matters.

What should I do if I'm arrested in Australia?

Critical steps: Remain calm and polite, clearly state "I wish to remain silent" and "I want to speak to a lawyer", don't resist arrest or be aggressive, don't answer questions without a lawyer (except name and address), don't consent to searches beyond what's legally required, ask if you're under arrest or free to go, call a criminal lawyer immediately (most offer urgent 24/7 service), don't post on social media about the arrest.

Do I have the right to remain silent?

Yes. In Australia you have the right to silence with some exceptions. You must provide: Your name and address to police, identify yourself if driving, provide license details.

You do NOT have to: Answer questions about alleged offences, explain your activities or whereabouts, make a statement, participate in a lineup. Anything you say can be used as evidence. Always exercise your right to silence and speak to a lawyer first.

What's the difference between a charge and a conviction?

A charge is an accusation—police allege you committed an offence. A conviction is a finding of guilt by a court. You can be: Charged but not convicted (charges dropped, found not guilty, or discharged without conviction), charged and convicted (found guilty and court records a conviction).

Convictions appear on police checks and can affect employment, travel, and professional licenses. Some courts can find you guilty but not record a conviction in minor matters.

Will I go to jail for my charge?

Depends on: Seriousness of offence, your prior record, circumstances of the offence, whether you plead guilty early, strength of prosecution case, and sentencing options available.

Many offences don't result in jail—alternatives include: Good behaviour bonds, community service orders, fines, suspended sentences, intensive correction orders (ICOs). A good criminal lawyer can often negotiate alternatives to custody.

Can I travel overseas with a criminal record?

Depends on: Severity of conviction, destination country, purpose of travel, how long ago the conviction was, whether conviction is "spent" under law.

Countries with strict rules: USA (denies entry for certain convictions), Canada, New Zealand (recently tightened). Australia doesn't prevent citizens from leaving, but destination countries may deny entry. Apply for pardons/spent convictions where eligible. Disclose convictions on visa applications—lying has serious consequences.

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