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In 2015 I purchased my house. I was staying in Tuncurry NSW…

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In 2015 I purchased...

In 2015 I purchased my house. I was staying in Tuncurry NSW and had to send cheques for the settlement that was to occur on Thursday at 11.00am. I sent the cheques from Tuncurry PO - Overnight Courier and Express Post. These cheques were to arrive at a GPO box number. The cheques arrived at the GPO at 6.00am approx. but were not put in the GPO box but travelled around the country. I have the tracking regarding this. This resulted in me having to pay money fines for not getting the cheques in time for the settlement. I wrote a letter to the PO requesting reimbursement and they would not take responsibility of what happened. Is there anything that can be done about this? Tks

Lawyer's Assistant: Have you talked to a New South Wales lawyer about this?

No. I did not want to get into legal fees because I know about solicitor's legal fees.

Lawyer's Assistant: What steps have you taken so far?

Really only what I have told you that I wrote a letter to the Post Office basically demanding that they repay the fees that were incurred on me because of their incompetence and they refused to accept responsibility over this.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I have the documentation to prove all of this.

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/25/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

can you upload the same ?

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Customer reply replied 2 months ago
what do you mean upload the same?
Solicitor: John Melis, Lawyer replied 2 months ago

a copy of the letter that you issued and their reply

is that possible ?

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Solicitor: John Melis, Lawyer replied 2 months ago

On the facts that you have raised, you will have claim against Australia Post for negligence.

Your supporting tracking documentation will in aid you in raising this claim.

In relation to this important matter, you may have a claim of negligence on the basis of breach of duty care by Australia Post.

The claim would need to be brought into the local court to seek the compensation.

You can run your case yourself with court.

A plaintiff (you) making a claim in negligence must prove, on the balance of probabilities, that:

[1] the defendant (the other party) owed the plaintiff a duty to take reasonable care (as to the design or manufacture of the product, or as to the instructions or warnings provided with the product);

[2] the defendant breached this duty (they did not take reasonable care);

[3] the breach of duty caused or materially contributed to the plaintiff’s injury, loss or damage; and

[4] the injury or damage suffered was not too remote a consequence of the breach of duty.

The standard of care owed by a defendant is determined on a case by case basis and so will depend on the circumstances of each case. The courts will look to applicable professional standards, codes of conduct and evidence of “best practice” in the relevant industry in assessing the standard of care.

The statutes of limitation in force in each Australian jurisdiction may also give rise to a defence. They prescribe the general period within which an action for negligence must be commenced. Failure to commence proceedings within the required limitation period will bar the action, subject to the possible suspension or extension of the limitation period.

The general limitation period for an action in negligence is six years from the date when the negligent conduct occurred.

Negligence claims are generally for compensatory damages, although injunctive relief might also apply. Compensatory damages are awarded in order to compensate the injured plaintiff for the harm suffered, by returning them to the position they would have been in, absent the negligent conduct.

Your claim needs to be brought into the local court, where you will be able to claim against the other party all costs incurred and economic, which is lost income if you were not able to work as a result.

Would you like to consider this option.

You have a legal right to protect your interests in this situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

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Customer reply replied 2 months ago
How much would this cost me in going to Court. I am just weighing up the cost of this as opposed to the money that I was charged for late fees in not getting the documentation to the solicitors in time
Solicitor: John Melis, Lawyer replied 2 months ago

if you run the case yourself it will be the application fee which which is a few hundred dollars. and your time.

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Customer reply replied 2 months ago
Okay, I will get all the documentation together. I just forget how much I was charged for this but it is always on my mind as to the incompetence by Australia Post. By the way, as I told you, they would not take the blame for this but said that it was contractors who did this, meaning I guess that they had couriers who delivered the post. Does that make any difference?
Solicitor: John Melis, Lawyer replied 2 months ago

Australia Post contractor does not relieve Australia Post of the liability to enure the delivery of the mail is done correctly.

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Customer reply replied 2 months ago
Well that is great to hear you say that. I am so peeved off about this that they can just ignore it and not take responsibility for their errors. Is there a time limit with doing something like this, i.e. years ?
Solicitor: John Melis, Lawyer replied 2 months ago

you hav 6 year from the time of the event.

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Customer reply replied 2 months ago
Oh good, well it hasnt been that long. If I decide to go ahead, do I contact you again?
Solicitor: John Melis, Lawyer replied 2 months ago

you are most welcome.

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Customer reply replied 2 months ago
As to my question, would I contact you again, or what is the procedure if I decide to go ahead with this please?
Solicitor: John Melis, Lawyer replied 2 months ago

yes you can as you need.

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Customer reply replied 2 months ago
thank you - sorry for all the questions but would I call the Ombudsman office?
Solicitor: John Melis, Lawyer replied 2 months ago

yes you can call the Ombudsman if you require.

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Customer reply replied 2 months ago
okay, thanks for all of that.
Solicitor: John Melis, Lawyer replied 2 months ago

you are welcome.

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