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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5045
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am at mediation stage of a workcover claim. my lawyer hired

Customer Question

I am at mediation stage of a workcover claim. my lawyer hired a barrister I had no role in this decision. At mediation I was pressured into making a final offer that day. I refused I told them I wanted my day in court. I want it on record, the amount of abuse and bullying i had to endure pre- incident. It's in my opinion that the reason my accident at work happened is because of of all the bullying. Needless to say I refused to make an offer that day and I fired the barrister because I felt she had the companies best interests ahead of mine. Also I was not supplied a copy of the brief that would have been given to the barrister prior to our mediation. I was also told the bullying is irrelevant it will have no impact on the judges decision. I was also told there is no punitive or exemplary awards handed down in workcover claims. Do I have the right to hire my own Barrister and is it true I had to make an offer that day I was at mediation, is there a pain and suffering award if there is no exemplary damages award for a winning claimant..cheers Dave
Submitted: 6 months ago.
Category: Australia Law
Expert:  Daniel replied 6 months ago.
HelloBarristers very infrequently accept direct briefs from clients, but yes it does happen. You would need to see what is in the cost agreement in regards ***** ***** agreement was made to pick a barrister. They are correct however, bullying and the like are not considered issues really with an accident claim.The barrister brief would only consist of the file, court documents and observations, however they should provide you with one if requested.You did not need to make an offer, but it would be wise to do so. If you attend court, and lose, or win and get a small amount, then it would have been best to settle at mediation and or not be subject to a cost order. A court would have issue with a party that did not at the very least entertain mediation.