Roberto’s Story

Roberto was convinced by his girlfriend to sign up for a loan with her company that he ultimately couldn’t afford to pay back. The loan company sold the debt to a debt collector, who started Court proceedings against Roberto for the outstanding amount, which was over $40,000. Roberto didn’t understand what was going on, so he didn’t respond to the Court proceedings, and a default judgement was made against him. The next thing he knew, Roberto was summoned to an enforcement hearing.

By the time Roberto came to the enforcement hearing, he had already given the creditor his statement of financial position and supporting documents. He wasn’t sure what the hearing was about or what he needed to do.

Roberto connected with LawRight’s EH Duty Lawyer Service on the day of his hearing. Our volunteer barrister gave Roberto advice about the enforcement hearing process and Roberto’s options to negotiate a payment plan with the creditor or otherwise challenge the underlying default judgement. At the hearing, the barrister argued that the enforcement hearing summons should be discharged since Roberto had given the creditor all the necessary documents and had done everything he needed to do. The Registrar ultimately discharged the enforcement hearing proceedings to an end.

Without our assistance, Roberto would have had to negotiate the enforcement hearing process on his own, without any knowledge or understanding of his rights and options for dealing with his debt.

Our EH Duty Lawyer Service was able to help Roberto finalise the enforcement hearing so he wouldn’t have to keep coming back to Court.

by Tracey Press

Armando's story - Life savings scammed

Armando had been scammed him out of his life savings, but didn’t have the funds to pursue the scammers.

Armando’s story

Armando is a retiree and had drawn down on his superannuation to pay some lawyers to help him start Supreme Court proceedings against a company who had scammed him out of his life savings. Unfortunately, the lawyers had to stop representing Armando when his funds ran out. Armando struggled to keep representing himself in the proceeds because the legal issues in his claim were very complex.

The Court ordered the parties to attend mediation under the Scheme, and Armando was referred to LawRight. One of our panel barristers agreed to represent Armando at the mediation, where they negotiated an agreement for the defendant company to pay Armando some compensation and have the Court proceedings dismissed.

Thanks to the Scheme and the assistance we were able to finally resolve a stressful dispute that had been in court for three years.

by Tracey Press

Marie's Story - Safety in court

Marie was scared the court process would expose her location to her abusive ex

Marie’s Story

Marie had experienced domestic violence for over 15 years and was unaware she was liable for a $60,000 debt. She didn’t know the creditor and suspected the debt was from a contract her ex-partner had entered into. She was also reluctant to provide bank statements to the creditor, as they might disclose her location to her ex-partner.

LawRight’s pro bono duty barrister negotiated with the creditor’s agent to provide redacted statements and appeared in court to explain why Marie wasn’t complying with the court summons. Marie felt relieved and safe.

by Staff Editor

Nick's Story - Blue Card cancellation

Legal support guided Nick through a complex review

Nick’s Story

Nick is a young man with an intellectual disability who was influenced by an older associate to make a prank call while he was drunk. This led to criminal charges but no conviction was recorded. However, Blue Card Services (BCS) cancelled Nick’s blue card, even after learning that since the charge Nick received an NDIS package which supported him to resist outside influence and that he was not considered a risk to children.

Pro bono volunteer lawyers helped Nick prepare evidence to review the BCS decision at QCAT and Pro bono barrister, Clare O’Connor represented him at a compulsory conference. At the hearing HBA Legal provided full representation pro bono and instructed Christopher Wilson of Counsel.

by Staff Editor

Jacqui's Story - Rebuilding after trauma

Rebuilding her life after childhood trauma, Jacqui’s progress was halted by a Blue Card decision

Jacqui’s Story

Jacqui is a university social work student who is rebuilding her life, despite many challenges. Her parents severely abused her as a child and in a common manifestaion of trauma, later partnered with a violent abuser. During that relationship she committed property crimes and was imprisoned. Following her release, Jacqui began to rebuild her life by seeing a counsellor to deal with PTSD and depression and enrolling at university. To complete the practical placement for her degree, she required a Blue Card (working with children check).

When Blue Card Services (BCS) rejected Jacqui’s application due to her past criminal history, pro bono volunteers with our QCAT service helped Jacqui apply for review of BCS’ decision. A LawRight member firm and barrister provided ongoing representation to help Jacqui prepare evidence and participate in a compulsory conference. BCS was ordered to reconsider its decision but decided to maintain its refusal. However, six days before the final QCAT hearing, BCS again reconsidered its decision and this time, issued Jacqui with a Blue Card.

This seems a good outcome, but it was 1,007 days from when Jacqui applied for a Blue Card to when she was issued with one – a process that takes most people just a few months. LawRight considers there are structural and individual inequalities in both the extent of these delays and the reasons Blue Card provides for making their decisions.

by Staff Editor

Irene's Story - Decades in the legal system

Severe and complex mental health issues impacted Irene’s ability to engage in the legal process

Irene’s Story

Irene has severe and complex mental health issues which impact her ability to engage in the legal process. She was the defendant in District Court proceedings that started in 2008 and limited progress had been made. The Court asked LawRight to assist and a member barrister took a direct brief to represent Irene at mediation, where the matter finally settled after more than a decade.

Irene appreciated the “kind soul” who gave “some of the professional time to assist the less privilege[d]”.

by Staff Editor