Personal Law

Wills, Estates, Probate and TFM Claims

Estate planning is a very important part of one’s life especially as one gets older. We prepare Wills, Codicils, Enduring Financial and Medical Treatment Powers of Attorney on behalf of our clients and act in Estate matters including obtaining grants of probate and letters of administration and in administering the Estate in accordance with the Deceased’s Will.

We apply for letters of administration if a client dies intestate (i.e. without a Will) and act in numerous Testator Family Maintenance (TFM) claims where a person seeks a larger share of an Estate having regard to his/her relationship with the Deceased. Where provision should be made (where no provision has been made) or where better provision should be made from an Estate for a client we will represent that client in an action before the Court to achieve the appropriate benefit from the Estate.

Powers of Attorney

Whether you require a General or Enduring Financial Power of Attorney, a Medical Power of Attorney or a Guardianship Power of Attorney, we have the experience and attention to detail to prepare Powers of Attorney that ensure your wishes will be followed and your interests protected.

Personal Injury Law

We represent our clients in TAC, industrial and public liability accidents. If someone suffers a “serious” injury as a result of a motor vehicle collision, accident at work or in a public liability context, he or she may be able to recover general as well as special (medical and like expenses, loss of earnings and loss of earning capacity) damages. We advise our clients on the extent of their impairment and whether they can establish negligence on the part of another party in order to found an action for damages. We also represent victims of crime and can assist our clients with their applications for compensation even where it is unlikely that a client has sustained a “serious” injury.

Motor Vehicle and other Quasi and Criminal Offences

We represent our clients in various types of motor vehicle offences including drink driving, speeding and demerit points offences. We also act for clients in respect of various other criminal offences. We will either appear on our client’s behalf in the Magistrates Court if a plea is to be entered or brief Counsel to appear in a contested and/or disputed matter in the Magistrates Court, the County and Supreme Courts.


Senior Citizens

We also give advice of particular relevance to our senior citizens. This is over and above estate planning and, through our association with the Bendigo Bank, we are able to invest clients’ funds through our trust account in order that they can earn a very attractive rate of interest on their funds while held in trust with us, for example, while waiting settlement of a property transaction, finalisation of an estate or simply as a general investment strategy.


Accident & Insurance Law

Batten Sacks has experience in most personal injury matters including TAC, Workcover and Crimes Compensation cases. Many people are unaware of their superannuation or insurance rights. When sickness, accident or death affects your income you may be eligible for considerable compensation through either your insurance company or your superannuation fund. In many cases payment to the beneficiaries is contested by insurers. We can provide advice to ensure that your entitlements are fully protected.

Notarial Services

We also provide notarial services to clients and companies who require documents for use overseas to be witnessed, certified as true copies or otherwise dealt with. Our notarial services include maritime law and international banking matters.