FAQ

FAQ

Frequently Asked Questions

FAQ

Browse through our frequently asked questions to find out more about Radich Lawyer and what we have to offer.

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  • What do I do if I’ve been left out of a will?

    Queensland law allows for certain people to seek a provision or better provision out of an estate. However, there are strict time limits and requirements to be met, so don’t delay in contacting me. At our first meeting, I will get the details from you about the estate and your relationship with the deceased. If I form the view that you have a legitimate claim, then that involves an application to the court, challenging the will. I will give you a full report and an action plan.

  • I am the beneficiary under a will. Can someone else bring a claim?

    Yes, they can, but I can act for you in defending that claim.

  • I am the builder and the head contractor or owner won’t pay me. What do I do?

    The Building & Construction Industry Payments Act 2004 (BCIPA) can help you. This act lays out a process to resolve your dispute and enforce payment.


    You serve a payment claim for what you believe is owed. The recipient has 10 business days to respond. In the response, they must tell why they won't pay you.


    If you aren't able to resolve matters through negotiation, the process continues to adjudication. Adjudication is designed for a quick dispute resolution and can be enforced like a court judgement.


    You must follow the very strict procedures, be within time limits, stay within formal requirements and service obligations so you can get the compensation due to you.

  • I’m having a house built and the costs keep going up. What do I do?

    There are two types of building contracts you need to have in writing. The fixed price contract tells the work to be done and the agreed upon cost. The cost-plus contract is where the builder can claim all his costs of material, sub contracting and other expenses plus an agreed upon profit margin.


    You may have either type of contract, and both allow for a price increase. Variations in the signed contract is what causes most of the disputes between the parties. All changes to construction should be signed off by you and that is the only case when the price should go up.


    If the price is going up unjustly, you should contact an attorney.

  • I have moved out. Do I still have to pay the mortgage?

    If your name is on the mortgage, you are responsible for the mortgage. If you do not pay and the people staying at home do not pay, then the house may be sold by the lender.


    While the courts usually expect the person in the house to pay the mortgage, there are circumstances when that isn't the case.

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