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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was a self represented litigant in a personal injury

Customer Question

I was a self represented litigant in a personal injury matter. I would like to appeal the judgment made in the County Court of Melbourne in December of 2015, however the time limits in which I was able appeal the decision to the Supreme court have well and truly passed. How difficult would it be to begin an appeal some three moths after judgment?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Why have you missed the appeal date?

This is one thing that is important.

What reasons are you arguing for the appeal? Did the court make an error in law?

Customer: replied 7 months ago.
A close friend died during the trial.....I somehow managed to push on however I fell apart emotionally and have only managed to read the decision in the last few days.
I believe that the his honour judge O'Neil erred in law in respect to parts of the Ohs act and accident compensation act that relate to appointing a return to work officer for an injured worker and consulting with the worker about a return to work plan. I will endeavoured to seek clarification on this from Dr Cotton who is a clinical psychologist and an expert in return to work matters.
In the meantime should I start the appeal process or wait until someone can confirm if his honour erred in law?
Would it be too much to expect if I asked you to review his honours judgement and give your opinion. The judgment is on the county cour website under recent decisions. Mary Pateras v State of Victoria
Expert:  Leon replied 7 months ago.

Good Morning

You ned to get a copy of his judgement and have someone look at it urgently.

You can make the application for the appeal in the meantime.

Do not do this on your own. You have to have someone represent you. If you do this incorrectly it can cost you money having to pay the other sides costs.

You cannot use the loss of a friend and your emotional state as an excuse for the appeal but you can use it as part reason for the delay.

I hope this makes sense?

Customer: replied 7 months ago.
The other point i need clarrification on relaters to the senior barrister that was representing the defendant. When one of my medical practioners took the stand as an expert witness at the defendants request he was asked nothing about my medical condition only questioned at length about his medical qualifications. When i last saw this medical practitioner he said that he was not at all surprised at senior barristers attitude because they knew each other professionally and socially and there may have been some angst between them. My medical practioner is of the belief that she had a duty to the court to disclose there assosiation. He believes that the case should not have proceeded from that point on. Is there any truth in this? If so can i se that reason as part of my appeal?
Expert:  Leon replied 7 months ago.

Good Afternoon

That is their choice on what they ask. I suspect they were trying to discredit them or show that they did not have the expertise required.

If the doctor was for the defendant and they appointed them then yes there is a requirement because their association may have tainted the report. But if the expert was yours, then this does not really become a problem. Also this should have been disclosed to you by the doctor when he attended so you could have raised it in cross examination.

Doctors are not the same as solicitor having acted for you before.

I disagree with what the doctor has said.

Customer: replied 7 months ago.
Would you be prepared to download the judgment from the county court website ang give me your opinion?
Expert:  Leon replied 7 months ago.

Good Afternoon

The judgement is not enough.

In any appeal you have to get a copy of the Transcript which is the recording in the court of the hearing.

Then that combined with the Judgement the Solicitor that acts can then give you an opinion.

I am in no position to do this.

You need to get a Solicitor to act for your ASAP and get the process started.

It would be negligent of me to tell you anything else.

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