SCB Legal’s Frequently asked legal questions
Overview of SCB Legal
Which areas of the law does SCB Legal practice?
We have a team of lawyers who specialise in different areas of the law. In this way, we best assist clients, as if one solicitor doesn’t focus on mediation, then another does. Our clients have come to see us as a one stop shop because unlike some law firms who concentrate on 1 specific area of the law, we cover many.
Why is SCB Legal different to most other law firms?
We are dedicated to:
- Demystifying the law and simplifying complex legal jargon
- Upholding the rights of all people, irrespective of their religion, gender, sexual preference, socio-economic background
- Never turning away clients who would otherwise not be able to retain the best legal counsel. We help people who do not have the financial means to afford expert legal representation and advice
- Fighting for the rights of Aboriginal Australians
- Community outreach programs
- Achieving successful outcomes and happy clients
- The 3 P’s – Passionately, Patiently and Professionally addressing all legal needs
- Caring and sympathising with your legal concern
Consultation services and Appointment locations
I will be at Sydney law Courts. Can we meet me in one of the interview rooms, instead of driving to your offices?
Do you answer legal questions via phone consultations?
I want to meet in person but I’m located in Newcastle. Can an SCB Legal solicitor come see me in Newcastle?
Business hours and Urgent legal needs
What are your hours of operation?
8.00am – 6.00pm Monday to Friday
For all legal matters outside of normal business hours, please feel free to speak with us via the live chat function or send us an email
What do clients commonly ask our legal experts?
I was sold faulty goods and I don’t know what to do. Is the company required to refund my money?
If the fault is considered to be ‘major’, then you are entitled to ask for a replacement or a refund. An example of a major fault is when a person would not have purchased that product if they were aware of the fault or if the product is unsafe.
If the fault is minor then the company is allowed to offer to repair the fault. You do not have the option to have the product replaced or to receive a refund. If the company does not offer to repair the fault within a reasonable time then you are entitled to:
- Ask for a refund
- A replacement
- Take it to be fixed somewhere else and ask the company to reimburse you
- Request some money back so that the amount you paid reflects the value of the product
You should firstly speak to the company but if unsuccessful then you can make an application to the NSW Civil and Administrative Tribunal (NCAT).
Can we meet at the Sydney Law Courts interview rooms?
Would you like to read more of our easy to follow checklist? Please visit our Business law page or refer to our New Business Infographic.
I want to ensure that my wishes are upheld by family and loved ones. Can you help me draft my will?
I was just fired from my job but I don’t think this is fair! What can I do? Is my boss required to give a reason for me being fired?
Generally your boss should give you a reason for terminating your employment. The claim that you can make will depend on the length of your employment. If you have been at your job for longer than 6 months and you believe that you were fired with no good reason or you disagree that you did anything wrong, then you can make an application to the Fair Work Commission.
If you have been at your work for less than 6 months then you may be able to make a general protections claim at the Fair Work Commission.
My landlord just increased my rent by 40%. Is this legal? In the contract, it says there’s an option period and the amount is 5%. What can I do? Will I have to relocate?
It is generally not legal for your landlord to increase your rent by 40%. This is usually considered to be an excessive rent increase. It is definitely not legal for your landlord to increase your rent by 40% if your contract says that there can only be an increase of 5%. This would be a breach of the contract by the landlord. For either of these, you may have the option to terminate the contract.
You should firstly speak to the real estate agent or landlord about this and try to resolve it. All communication should be in writing.
If you do not want to relocate and the landlord is not reducing the rent then you can make an application to the NSW Civil and Administrative Tribunal (NCAT) and ask the Tribunal to make an Order reducing the rent and to make the landlord repay you any money you paid which is excessive.
I was injured at work and someone told me that I can claim workers’ compensation until my injury is healed. Is this true?
This is true. The first thing you need to do is to report the injury to your boss. Your boss should then inform the insurance company. You then need to go to the doctors and get a certificate to say that your injury is stopping you from returning to work, this is called a Workcover Certificate of Capacity.You will need to make a claim for weekly payments and also medical treatment. Your injury must be a result of an accident that happened at work.
Once your injury has stabilised and if your injury is assessed as being at least 11% whole person impairment then you may be able to make a claim at the Workers Compensation Commission and seek a lump sum payment.
I was involved in a car accident but I don’t have insurance. What can I do? Is the other driver required to pay my medical bills?
This depends if you were at fault. If you were at fault but you do not have insurance then it is unlikely that the other driver will have to pay your medical bills or the damages to repair your car. If you believe that you were only partly at fault then you can request that the other driver share the expenses in fixing your car. If you were not at fault, then the other driver may be responsible to pay to fix your car, pay for a hire car and or pay for your medical bills.
The first thing you should do is write a letter to the other driver requesting payment. You should include 3 quotes to fix the car and the receipt for the hire car. If the other driver does not pay then you can make an application to the Court seeking an Order for payment of these expenses.
If you are seeking to have your medical bills paid for then you may also be able to make a claim on yours (or the other driver’s) CTP (greenslip). You might be able to make a claim for immediate payment or up to $5000.00.
Depending on the injury and or the amount of your medical bills, you may be able to make an application to the State Insurance Regulatory Authority (SIRA) for a lump sum payment.
If you have a medical reason for the accident then you might be able to make a “blameless” claim.
Last night, I was arrested by the police but I don’t agree with the charges. What can I do?
If you believe you have not done anything wrong then the first thing you should do is write to the police and ask them to withdraw the charges. You should tell them why you do not believe you did anything wrong and why the charges should be withdrawn.
If you agree that you did something wrong but you believe that the charges are wrong then you should write to the police and negotiate with them to change the charges.
If this is unsuccessful, then you should enter a plea of not guilty. This means that you do not agree with the charges. The police will then need to provide you with the evidence, known as a brief of evidence. Once you receive the evidence, if you still do not agree with the charges then you will get a hearing date. At the hearing you will have the opportunity to ask the police and witnesses/victims questions and you will also have the opportunity to tell the Court your side of the story.
My business partner and I started a company together but it’s not working out. Can I remove her from the company?
The first thing to note is that if you started a company then you and your business partner are directors.
Whether you can remove your director from the company depends on the company’s constitution, the rules of the company and any other contracts that may regulate the appointment and or removal of directors.
Generally, a director can be removed by another director. The rules will usually set out the terms or criteria for when a director can be removed. To avoid breaching any rules, you should refer to the company policies, procedures and governing rules.
My husband and I are divorced and he took my daughter on an overseas trip with him. Is this allowed?
This will depend on whether there are any legally binding agreements such as Consent Orders or Court Orders in place about the care of the Children and Travel.
If there are no Orders in place then your husband was allowed to take your daughter overseas. If your husband has done this without your consent and or you have concerns about your daughter then you can contact the Attorney General and ask that your daughter be returned. If there is an agreement between Australia and the country (Hague Convention) where your daughter is then you will be able to have your daughter returned in accordance with this agreement.
It is important to remember that if your child has not been removed from Australia but you fear that they will be then you should seek an urgent Order for your child to be placed on the airport watch list and seek and order that your child’s passport be surrendered to the Court.
I owe a supplier money but I can’t afford to pay it. What can I do, as I don’t want this to end up in Court?
There are many things you can do including any one of the following:
- Make a financial hardship application which sets out your financial position
- Seek to have your payments put on hold until you can afford to pay them
- Seek to enter a payment plan
- If you’re already on a payment plan, seek the have the repayment reduced
- Negotiate the full amount and try to reach an agreement to have the full amount reduced
- Ask for an extension of time
- Ask to return some of the items/material and get a refund for these