Advocacy, Equity & Statutory Compensation

We provide advice to the NSW Trustee, Public Guardian, parents and other family members concerning the protection of persons subject to incapacity.

2020 AUSTRALASIAN LAW AWARDS WINNER

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Testimonials

I would like to thank Keziah Holdsworth and the personal injury team at Chamberlains Law Firm for achieving a successful outcome on my claim.

As a young child I was placed at Stubbs Terrace Hospital in Perth for care, treatment and protection. Whilst there, my trust and innocence was violated and I was subjected to horrific abuse which significantly impacted my life forever.

The trauma of the abuse affected my personal, family and working life and the ability to achieve the things I wanted to achieve in life. I would not have been able to navigate the stress of the legal process without Keziah’s understanding, empathy and support.

Chamberlains believed in me and fought for me which resulted in a settlement that will help to set myself and my family up for the future.  I would recommend Chamberlains to anyone seeking justice for institutional child sexual abuse.

Abuse Compensation Client

Please pass on my thanks and gratitude to everyone who worked on this case for me. I appreciate all that has been done and especially that l was believed and always treated with kindness and understanding. Everyone l interacted with made a very stressful time much easier to deal with. l felt quite weak, vulnerable and fragile at the beginning of this process but as we went along l became stronger and more determined to see it through. This was due to counselling l received but mostly due to the way l was supported by all of the people involved in the legal team acting for me.

The monetary amount l will receive will be life changing for myself and my family, but speaking out and being believed by so many people means everything and l am confident l will be able finally begin to put this ugly chapter of my life behind me. Please pass this on to all involved. The work you all do is life changing for someone like me.

Injury & Compensation Client

Thank you Isabella. Really appreciated your help over this period, I learned a lot and found it very interesting. You had a very clear and professional approach throughout. Especially over the Christmas lead up.

Workplace Law Client

Many thanks to Mohamad for finalising the estate of my late brother and mother. I appreciate your professionalism, knowledge, and patience. Having lost both my mother and brother within 4 months of each other I felt overwhelmed with the legal processes that followed.

Not only did you explain and help me with the practical processes involved with selling a deceased estate; you outlined things from a layman’s perspective that made the whole process easier to understand.

I am very fortunate to have had you as my legal guide and companion navigating this legal and emotional minefield.

Estate Administration Client

I have had a hard time with an ex-employee lasting over 5 years, with the help from Antonia it was resolved within a month! I can’t express the amount of gratitude I have after this quick and efficient resolution.

Antonia went above and beyond for me along with her colleague Isabella, they both kept me in the loop every step of the way and I felt completely comfortable leaving it in their hands.

Workplace Law Client

Rufus and Jon assisted my mother in settling her claim. I want to say a big thank you to them both for all their work on settling mum’s claim. The settlement was conducted in such a calm manner and relieved a lot of mum’s anxiety, so I just wanted to pass on my appreciation for all of their support and guidance throughout this process.

Thank you Rufus and Jon for everything you have done and for achieving a great outcome for mum.

Personal Injury Client

Keziah made me feel like she was invested and concerned in my matter, going above and beyond to address issues I didn’t even know I could be helped with. The year leading up to my claim had brought me to breaking point, but Keziah motivated and inspired me to fight for my rights. Thanks to her I feel like there is some hope for justice, and that I might live my life in the future.

Personal Injury Client

Alison recently acted for me with respect to a complex personal injury matter resulting from prolonged sexual harassment within the workplace. She understood the impact of these events on my life from the outset, in some ways before I had even fully understood. Her clarity allowed me to focus on my treatment while she pursued legal action on my behalf.

I never felt judged by Alison or her team. I felt heard and cared for. She believed in me when I doubted myself and reassured me when I felt I was not strong enough to keep on fighting.

Personal Injury Client

I engaged Chamberlains Law Firm on the recommendation of my financial planner. Antonia Tahhan was professional, responsive and completed the advise on budget/ on time but more importantly provided clear legal advise and then followed this with a phone call explaining the advise. I have no hesitation recommending Chamberlains Law as your legal representatives.

Workplace Law Client

There are not enough stars for me to rate Jasmin Mantoufeh and Chamberlains Law Firm! Jasmin went above and beyond for me and I am so grateful to have her in my corner! From our first meeting, Jasmin took carriage of my case and her personal attention to me was amazing. I will most certainly refer and if I ever need a lawyer again, Jasmin is the person I will call!

Workplace Law Client

I cannot thank you enough for your professional and empathetic approach making it as smooth and seamless as possible during the mediation. You have all dealt with my ups and downs during the process and the level of detail, care and kindness from you all is appreciated more than I can express.

Family Law Client

You have given me the chance of a fresh start that I didn’t think I’d ever have again to be honest. You literally changed my life and I’ll never be able to thank you enough. Just wanted to let you know how much I sincerely appreciate all your help and hard work.

Compensation Client

We picked the most highly specialised and talented lawyers in Sydney.

We provide legal advice to the NSW Trustee, Public Guardian, parents and other family members concerning the protection of persons subject to incapacity, the recovery of money and other property wrongfully obtained by the misuse of powers of attorney, enduring guardianship appointments and other fiduciary relationships.

Our commitment to providing top-notch legal services extends to our Sydney offices. We have carefully handpicked the most highly specialised and talented lawyers to ensure our clients receive the best possible legal advice and support.

 

Process - what happens next?

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Initial case evaluation

After an initial briefing of your matter, we will provide you with a preliminary quote.

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Consultation

We look into all aspects of your matter and suggest the most viable path for you.

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Case management

The Chamberlains team will work tirelessly to reach the best possible outcome for you.

Services

Equity

At Chamberlains, our specialist lawyers have extensive experience with claims in equity. Equity encompasses the principles of justice and fairness in the law. Equitable claims can arise where unfair or unconscionable situations occur in your personal affairs or the affairs of loved ones, including concerning Will disputes and where vulnerable persons are involved. If you need a Sydney lawyer to help you with your equity claim or dispute, Chamberlains is prepared to assist you. Examples of these types of claims include the following –

  • Resulting and constructive trust claims.
  • Equitable estoppel claims.
  • Claims to the actions of trustees
  • Claims in relation to the actions of attorneys and financial managers
  • Account of profits.
  • Seeking equitable relief, including injunctions, specific performance, freezing and search orders
  • Cy-près scheme matters.

 

Advocacy Equity Statutory Compensation

Equitable compensation

Equitable Claims and Deceased Estates

Equitable principles can be invoked where promises or agreements are made with a deceased person that has not been accounted for by the deceased or reflected in the Will. These claims include resulting or constructive trust claims, and equitable estoppel claims.

Resulting or constructive trusts arise when a person has an equitable interest in property owned by another person. Sometimes a common intention is held and promises are made about this between two people. Equitable estoppel works similarly. Estoppel aims to “stop” someone from acting (or failing to act) in a certain way, such as reneging on a promise that is relied on by another person and acted upon to their detriment or loss.

An example where these claims could arise is when an adult child makes significant contributions to the parent’s home on the parent’s assurance they will gift their home to that child in their Will. When the parents die, it turns out the property is to be gifted to someone else or split up between all the children.

This situation can also arise outside of deceased estates. For example, a parent pays large sums of money to an adult child because of a promise the parent can live at the child’s property in a granny flat for the rest of their life, but the relationship has broken down and the child wants the parent to vacate.

Contact us.

P +61 2 9264 9111
E hello@chamberlains.com.au