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 Brisbane-Lawyer Your Own Question
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
17651911
Type Your Australia Law Question Here...
Brisbane-Lawyer is online now
A new question is answered every 9 seconds

My parents had a pre paid cemetry plot next to my son and recently

Customer Question

My parents had a pre paid cemetry plot next to my son and recently my mum died and the council dug the hole for burial with my son and not the one next to him which has led to a lot of heartache and anger and there seems to be know pleasant solution. Should we be entitled to compensation.What and how much.
Submitted: 8 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 8 years ago.
[QUOTE]Should we be entitled to compensation.What and how much.
[/QUOTE]
If you are serious about suing, the first step is to see a solicitor and have the solicitor engage Counsel to draft what lawyers call a Legal Advice on Prospects and Quantum. Basically this is a written legal opinion prepared by a barrister which researches case law (particularly cases with similar facts to your own), as well as the prevailing legislation - and then the barrister draws a conclusion in respect to whether you are likely to win your matter if you sue, and secondly if you are likely to win, how much you are likely to recover.

So, generally speaking that is the process. It would be unwise to sue the cemetary before obtaining the Legal Advice on Prospects and Quantum, especially if the Legal Advice on Prospects and Quantum would have recommended against suing in the first place.

Obviously, if you do want to press ahead, the first step will be finding a solicitor. Depending on where in Australia you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If my answer has been helpful or informative to you, please hit the Accept button.
Customer: replied 8 years ago.
I have a lawyer but he doesnt seem to be getting across what I am feeling and the consequences to what the council has done wrong. They have taken away our rights and wishes and none of us can be buried how we wished to be. They sold the plot to my parents as a double plot 19 years ago and are now saying it can only be used as asingle plot something they have known for over 20 years according to the ceo of the district council. I do not want to exhume my son or my mother so I have said can they move the headstone of my son onto the next plot where my mum should have been so we can put headstone on my mum .He says you can not claim compensation for pain and suffering which is what I am dealing with now
Expert:  Brisbane-Lawyer replied 8 years ago.
In that case, you should be able to sue for breach of contract.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 8 years ago.
What do you think I should tell my lawyer to do check for any similar cases, sue for breach of contract or what
Expert:  Brisbane-Lawyer replied 8 years ago.
You can tell your lawyer to do some legal research to look for similar cases, and how successful those people were. Or you can ask him to brief a barrister to do a properly written Legal Advice.
Customer: replied 8 years ago.
I am on unlimited subscription plan but when I go to except your answer it is telling me I have to pay more money. Your last answer is not on there either.
Expert:  Brisbane-Lawyer replied 8 years ago.
You can tell your lawyer to do some legal research to look for similar cases, and how successful those people were. Or you can ask him to brief a barrister to do a properly written Legal Advice.