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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 209
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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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: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
that I thought he didn't take the 2nd psychologist assessment of me seriously as he strongly disagreed with the first
Customer: replied 1 year ago.
Are you there
Customer: replied 1 year ago.
How long should i wait its late now and I am tired
Customer: replied 1 year ago.
I have to go now can you email me your answer
Expert:  kmslaw replied 1 year ago.


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.

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