FAQ | Paton Hooke Lawyers & Conveyancing

FAQ

Frequently Asked Questions

You can check out some of the FAQs we receive from prospective clients here. If you have a more specific question, don’t hesitate to reach out to our friendly staff today. At Paton Hooke Lawyers & Conveyancing, we are able to undertake cases pertaining to Family, Criminal, Business and Employment Law.

What happens during a committal hearing?

The attending magistrate will listen to both sides of the legal matter and then determine if there is sufficient evidence to proceed with for a well-informed jury to reach a decision. If the magistrate determines that there is, the matter will be passed on to the higher court. If not, the matter will be dismissed.
For cases relating to personal injury, how long does it usually take for a settlement or trial decision to be reached?

This will vary, depending on the nature of the case. However, in general, the process takes 1 to 2 years – from the time the lawsuit is filed. In certain cases where the case is simple and there is a high preponderance of evidence, the process may take 2 to 3 months.
Is there a time limit when it comes to filing worker compensation claims?

Yes. A claim can be made within 6 months of the accident occurring. However, if a court determines that the claim was not made in that time due to ignorance or absence from the state, it may still be valid. No claim will be accepted after a period of 3 years – from the date the incident occurred – unless it resulted in serious injury or death.
I want to organise for a notary public to witness key documents. Can I provide photocopies?

No. All documents must be original in order for the notary public to certify them. However, the notary public will photocopy the original documents so that a record can be kept.
How long does the conveyancing process typically take?

This will vary, depending on the nature of the property and other legal parameters. Generally, conveyancing takes a period of 12 weeks to finalise. However, in cases where the process is relatively straight forward and all the necessary documentation is readily available, the process can be finalised in as little as 4 weeks.
How frequently should I update my will?

It is strongly recommended that you revisit your will every 5 to 7 years. You should also update your will as soon as possible if your family or financial situation changes significantly, or if the designated trustee or executor of your will is no longer able to fulfill their duties. Naturally, if you have sold or given away assets specified in your will, you should rapidly amend your will to reflect this change.

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What happens during a committal hearing?

The attending magistrate will listen to both sides of the legal matter and then determine if there is sufficient evidence to proceed with for a well-informed jury to reach a decision. If the magistrate determines that there is, the matter will be passed on to the higher court. If not, the matter will be dismissed.
For cases relating to personal injury, how long does it usually take for a settlement or trial decision to be reached?

This will vary, depending on the nature of the case. However, in general, the process takes 1 to 2 years – from the time the lawsuit is filed. In certain cases where the case is simple and there is a high preponderance of evidence, the process may take 2 to 3 months.
Is there a time limit when it comes to filing worker compensation claims?

Yes. A claim can be made within 6 months of the accident occurring. However, if a court determines that the claim was not made in that time due to ignorance or absence from the state, it may still be valid. No claim will be accepted after a period of 3 years – from the date the incident occurred – unless it resulted in serious injury or death.
I want to organise for a notary public to witness key documents. Can I provide photocopies?

No. All documents must be original in order for the notary public to certify them. However, the notary public will photocopy the original documents so that a record can be kept.
How long does the conveyancing process typically take?

This will vary, depending on the nature of the property and other legal parameters. Generally, conveyancing takes a period of 6 weeks from exchange of contract to finalise. However, in cases where the process is relatively straight forward and all the necessary documentation is readily available, the process may be finalised quicker.
How frequently should I update my will?

It is strongly recommended that you revisit your will every 5 to 7 years. You should also update your will as soon as possible if your family or financial situation changes significantly, or if the designated trustee or executor of your will is no longer able to fulfill their duties. Naturally, if you have sold or given away assets specified in your will, you should rapidly amend your will to reflect this change.