How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask kmslaw Your Own Question
kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 196
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
72036894
Type Your Australia Law Question Here...
kmslaw is online now
A new question is answered every 9 seconds

I was want to know if I complained about my assessment made

Customer Question

Hello I was want to know if I complained about my assessment made by maurace Blackburn in regard to bush fire class action should be taken seriousley as when I complained they said I could do nothing about it.
Submitted: 10 months ago.
Category: Australia Law
Expert:  kmslaw replied 10 months ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today.

I will just re-read what you wrote and respond accordingly, just in a few minutes.

Expert:  kmslaw replied 10 months ago.

I'm not sure I understand; how do you know if your assessment from your psychologist has not been taken seriously if the settlement on the class action has not yet been completed? Who said it had not been taken seriously? Are you claiming damages based on psychological damage? Are you also claiming for loss of property? Can you give me some more information?

Customer: replied 10 months ago.
When I met with the assessing barrister he said i could only answer with yes or no answers which I felt was unfair and as I have 2 mental health reports one psychologist said my PTSD was from my childhood and the next one who I have been seeing for 2 years said it wasn't due to my childhood and was due to fire he has 38 years experience and he and I felt this should over ride the first but the barrister said he would put me down as haveing PTSD from fires but would take some off because of my childhood this is what i wanted to complain about but they said I could,nt
Customer: replied 10 months ago.
They said I would have to wait for his report in a letter to me and then I could complain but it would cost me eight hundred dollars and if I lost I would have to pay them an extra 2000 dollars
Customer: replied 10 months ago.
I made this complaint the next morning after our meeting in writing as he wouldn't have writern it up by then that I felt his assessment was unfair.
Customer: replied 10 months ago.
that I thought he didn't take the 2nd psychologist assessment of me seriously as he strongly disagreed with the first
Customer: replied 10 months ago.
Are you there
Customer: replied 10 months ago.
How long should i wait its late now and I am tired
Customer: replied 10 months ago.
I have to go now can you email me your answer
Expert:  kmslaw replied 10 months ago.

Hello

I'm sorry but I don't tend to answer questions at 3.00 o'clock in the morning.

If the class action you are a part of is an "opt-out" situation, then you should be able to opt out of the litigation and pursue the defendant yourself in litigation - but be aware that the legal costs will be more than the $2800 you have been advised that you may have to pay.

If the class action is a "closed" class action then you have no option but to complain in the manner that has already been explained to you where you pay the $800 and possible $2000 if you lose.

You may need to go through your correspondence to see if MB has written to you to indicate whether it is a "opt out" or "closed" class action.

I hope that this has helped you today.