Peter James Livers solicitor: Difference between revisions

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Peter James Livers is a solicitor from Slattery Thompson law firm, that represented me at [[PIC Assessment Conference 2023-06-28]]. It went terribly bad, and I doubt I will be able to fix it. All I can do now is to try to get some justice, so that other people do not suffer same way.
Peter James Livers is a solicitor from Slattery Thompson law firm and represented me for my persona injury claim from 2023-01. He represented me at [[PIC Assessment Conference 2023-06-28]] for my [[2015-03-30 road traffic injury | personal injury claim]]. It went terribly bad, and I doubt I will be able to fix it. All I can do now is to try to get some justice, so that other people do not suffer same way.


There were actions by Livers that can be identified as professional misconduct. However, these actions differ a lot in their impact. For some corruption is the only logical explanation I can come up with. Others also perfectly fit into corrupt behaviour and attempts to cover it. Some of the remaining actions could be explained by highly damaging negligence if not the other corrupt actions.
There were actions by Livers that can be identified as professional misconduct. However, these actions differ a lot in their impact. For some corruption is the only logical explanation I can come up with. Others also perfectly fit into corrupt behaviour and attempts to cover it. Some of the remaining actions could be explained by highly damaging negligence if not the other corrupt actions.


I spend almost a year collecting and providing missing information for my claim. However, I got a result that was even worse that previous bad result. Livers played major role in making sure that I get minimum compensation.
I spend almost a year collecting and providing missing information for my claim. However, I got a result that was even worse that previous bad result. Livers played major role in making sure that I get minimum compensation.
I wrote a review about him on Google maps, you can read it at this [[How to find a good solicitor#Peter Livers | site too]].


== Summary ==
== Summary ==
Ceballos provided false information about mental health status, misquoted medical documents and statements and provided false statements reducing severity of injury. Liver knew about it and was provided with evidence of wrong statement by Ceballos. However, Livers falsely promised to provide that information to PIC, instead he led PIC to believe that it is true. He also withheld request for information about representation by barrister, medical and legal expenses. He misled me with advice about non economical loss. This resulted in severe damaged to the compensation claim. After this Livers obstructed me from going to appeal process.
Ceballos provided false information about mental health status, misquoted medical documents and statements and provided false statements reducing severity of injury. Livers knew about it and was provided with evidence of wrong statement by Ceballos. However, Livers falsely promised to provide that information to PIC, instead he led PIC to believe that it is true. He also withheld request for information about representation by barrister, medical and legal expenses. He misled me with advice about non economical loss. This resulted in severe damaged to the compensation claim. After this Livers obstructed me from going to appeal process.


Actions that can be explained only by corruption:
Actions that can be explained only by corruption:
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# Livers significantly misled about his expertise or intentionally provided bad advice
# Livers significantly misled about his expertise or intentionally provided bad advice
# Livers sent his bill before all procedures related to claim were finished and potentially before some of his misconduct becomes apparent
# Livers sent his bill before all procedures related to claim were finished and potentially before some of his misconduct becomes apparent
== Exaggerated fees ==
Liver sent me an email on 2019-12-19 with the estimate of his costs. I disagree with this estimate because it assumes almost all work preparing my claim was done by him with the exception of the medical dispute. However, he basically done no work. I had to do everything myself and relying on advice from other solicitors. He did show up at PIC assessment conference and completely misrepresented me. My claim would be much better if there was no involvement from Livers at all. He actually did a lot of harm by withholding important information from me and providing false information to PIC. About some of his misconduct I have learned only recently, and I am still collecting information. I think Livers request for paying is premature as some of the work related to my claim is not complete: for example, Medicare is holding 10% of my compensation claim. This is because some forms have not been completed onetime. I suspect that Lives miscount caused further financial loss that will become apparent after finalizing Medicare Compensation Recovery.
If I understand correctly OLSC can consider complaint about solicitor's fees only within 60 days after request for payment has been made. I do not think this is request for payment as it is too early to pay. I think first we need to complete work related to my claim and then we can estimate and negotiate his fees. However, to be on the safe side I will submit complaint to OLSC about [[Peter Livers exaggerated fees]] and then submit another complaint about his misconduct when I have all the required information.


== Severe misconduct ==
== Severe misconduct ==
=== Failure to provide key information for my claim ===
=== Failure to provide key information for my claim ===
Ceballos provided lots of incorrect statements, sometimes going to absurd levels. All this could have been easily disproved by just checking that information as Ceballos often misquoted documents changing their meaning to opposite what is written in original documents. I provided information about lies from Ceballos. Livers was very insistent that I do not present this information in written form. Instead, he promised to do it himself. He was delaying and changing his plan. At the end promising to present everything during tribunal and did not do this. He actively prevented me from showing that Ceballos statements were factually incorect.
Ceballos provided lots of incorrect statements, sometimes going to absurd levels. All this could have been easily disproved by just checking that information as Ceballos often misquoted documents changing their meaning to opposite what is written in original documents. I provided information about lies from Ceballos. Livers was very insistent that I do not present this information in written form. Instead, he promised to do it himself. He was delaying and changing his plan. At the end promising to present everything during tribunal and did not do this. He actively prevented me from showing that Ceballos statements were factually incorrect.
 
; 2023-11-21 : I got access to PIC portal and download QBE application for damages on PIC portal APP-10268809. One of the files was insurers submissions by Ceballos. It contains a lot of errors and fraudulent statements.
: Files: "A1 Insurers submission.pdf"
; 2023-01-24 : I signed authority to act for Peter Livers and he signed agreement that his fees will be limited to regulated costs recoverable from the insurance company.
: File: "2023-01-24 Peter Livers agreement.pdf"
; 2023-01-31 : I sent an email to Peter Livers with detailed overview of my claim. I start my email with the following "''An appointment of a member to assess insurance application for compensation and damages APP-10268809 may force us to act quicker than it may have appeared before. This application contains only issuance submissions with lots of errors that can easily be disproved but at the current time, there is no reply from my side in PIC. I am sure we need to submit our reply (application) before the conference with the PIC member.''". In email I provide summary of errors highlighting the most important ones. I also attach detailed list of errors and supporting evidence.
: Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf"
; 2024-02-26 : I wrote to Peter Livers that I am submitting a complaint to HCCC about errors in Moodley report that Ceballos relies in his submissions. I provided summary in my email mentioning some examples of incorrect statements by Moodley some of which made to Ceballos submissions. I asked  "''I do not know if it can affect my insurance claim, but Timothy relies on this report heavily.''"
: File "2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf"
; 2023-03-14 : I met with Livers and to ask what I can write in my statement. I wanted to mention that QBE did not pay for any treatment. They promised to pay, but then did not. QBE took 3 years to reply about liability while even according to them they were required to do that within 3 months. QBE kept sending me to different assessments but refused to share their reports. I was told by Law Partners that a right to share any assessment reports only if it suits them. If QBE is not happy wit the report they can simply send me to another assessor till they will get assessment that suits them  he explained to me that I can write in my statement about the impact of the injury, but not about mishandling of my claim by QBE.
; 2023-04-25 : I wrote to Livers asking why he has removed any mentioning of lies provided by Ceballos. It has been re-traumatising experience, and it was important to mention in my statement. So previously I wrote in my statement: ''55. Trauma has altered my perception of reality, so that when I read Moodley or Ceballos lies about me it is not just a lie, I feel that it is a threat to my life.'' I asked Livers: ''You stroke it out. I understand that this statement is about my life rather than about their misconduct. Seeing danger everywhere is one of the symptoms of PTSD. I just wanted to give an example and explanation of it. Can I rephrase it somehow, so that it remains useful?''
: File "2023-04-25 email to Livers - few questions in your notes about statement.pdf"
; 2023-04-25 : I spoke with Livers, and he advised me to avoid complaint about QBE and previous lawyers. I wrote to Livers highlighting the argument that it is important to mention my struggle with QBE and previous lawyers as it is a part of my trying to get over PTSD. I was worried that leaving it out will make it look that I was not putting all my effort in attempts to get better and as result to return to work force. As all these efforts would go to working full time if I would not been injured and this is big part of loss of income.
: File "2023-04-25 email to Livers - Mentioning QBE and previous lawyers in my statement.pdf"
; 2023-04-26 : I had conversation with Livers. He convicted me that he will include all the dispute of Ceballos statements in his statement. I also agreed not to include whole complaint that I wrote about Moodley, but instead I will include short summary. I sent summary in email.
: Files "2023-04-26 email to Livers - Update of statement with summary for Moodley report errors used by QBE.pdf"
; 2024 : I wrote a request to fix obvious errors. Livers insisted that I also have to accept determination.
: files communications with Livers and request to
; 2024 : I have sent confirmation that I accepted corrupted tribunal decision due to health reasons.
: File accepting decision


=== Withheld information about barrister representation ===
=== Withheld information about barrister representation ===
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=== Not provided information for treatment compensation (medicare) expenses objection by QBE ===
=== Not provided information for treatment compensation (medicare) expenses objection by QBE ===
Livers told that medical expenses has to be a part of statement only at the very last minute when statement already had to be sent to PIC. Previous lawyers kept it separate, so it was very unexpected. Livers did not informed that QBE disputed medical expenses. During AC Livers misinformed that this is only about medicare expense. After AC Livers have not replied what information is needed for medical expenses and refused to provide any advice or examples. This was in star contrast to his claims that he has been doing PI claims for many years as a main part of his job. As a result:
#'''No out of pocket treatment expenses have been compensated'''
#'''Future medical expenses have been significantly reduced'''.
; 2024-06-13 : Ceballos uploaded dispute of medical expenses. There was no response from Livers.
: File: "2023-06-13 PIC message - part 10 - Ceballos dispute medical expenses.pdf"


=== Not provided information about legal costs objection by QBE ===
=== Not provided information about legal costs objection by QBE ===
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=== False promise to go to court ===
=== False promise to go to court ===
who was telling me all the time that I should not be worrying and spending so much effort on PIC assessment as we he strongly recommends going to court after assessment. However, after assessment suddenly after I got terrible result and asked OK, lets go to court
who was telling me all the time that I should not be worrying and spending so much effort on PIC assessment as we he strongly recommends going to court after assessment. However, after assessment suddenly after I got terrible result and asked OK, lets go to court
=== Refused to provide table of Damages and Costs Calculation ===
PIC determination mentions the attached sheet that provides information how damages and costs were calculated. This would allow me to check correctness of calculations and latter on calculate regulated cost that are meant to be shared by my lawyers. Livers did not provide me this information. I asked Livers multiple times to provide it, but Livers refused to do so. At the end I got this file from PIC.
==== Timeline ====
; 2023-06-26 : I sent Livers information about Dr Peter Anderson medical legal assessment fees.
: File: "2023-06-26 email to Livers - solicitors file.pdf"
; 2023-06-28 : PIC assessment conference.
; 2023-07-09 : I sent to Livers the bank transaction records of payment to Dr Peter Anderson.
: File: "2023-07-09 email to Livers - Medical assessment by Dr Peter Anderson expenses.pdf"
; 2023-07-11 : I sent to Livers the receipts from Dr Peter Anderson.
: File: "2023-07-11 email to Livers - Fwd_ Dr Peter Anderson.pdf"
; 2023-07-20 : Livers forwarded PIC determination.
: It has reference to attached sheet for calculation of costs: ''64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30."'' I have not noticed that some information is missing.
: Files: "2023-07-20 PIC determination.pdf", "2023-07-20 email from Livers - FW Attached Imaged - PIC determination.pdf"
; 2023-07-26 : PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC.
: File: "2023-07-26 PIC message - Stonis part 23.pdf"
; 2023-07-31 : Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me.
: File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf"
; 2023-08-04 : I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked how PIC member come to legal costs sum.
: File: "2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf"
; 2023-08-22 - 24 : I asked for the legal fees calculation sheet mentioned in PIC determination. Livers did not replied, so I sent a reminder. Livers replied that I have to decide myself who and how much I contributed to my claim.
: File: "2023-08-24 email to from Livers - RE Legal costs awarded by tribunual.pdf"
; 2023-10-20 : I again requested a legal fees calculation sheet mentioned in the PIC determination. Instead, Livers sent me an insurer's position on regulated fees.
: Files: "2023-10-20 email to Livers - Legal expenses determent by PIC.pdf", "2023-10-20 email from Livers - FW Attached Image - insurance position on regulated cost.pdf", "2023-10-20 Insurer position on schedule of regulated costs.pdf"
; 2023-12-19 : I got an email form Livers informing that he has received the money from QBE. He also included an estimate of his fees. Livers claims fees for all work preparing my claim with exception of the work that was clearly done before his involvement.
: Files: "2023-12-19 email from Livers - FW Message from KM_C258 - estimate of fees.pdf", "2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf"
; 2023-12-20 : Livers sent me forms for Medicare recovery. I asked to send the remaining money to may account without waiting for reply from Medicare. Livers asked do I agree with his cost estimate. I replied that it is too early as not all work is completed yet. I have filled them in sent back.
: File: "2023-12-20 emails from to Livers - Re FW Message from KM_C258 - Medicare Recovery forms.pdf"
; 2023-12-30 : I wrote again to Livers highlighting that three should be legal fees calculation sheet and that he provided insurer's position on it.
: File: "2023-12-30 email from to Livers - Re FW Message from KM_C258.pdf"
; 2024-01-08 : Livers replied that there is no legal fees calculation sheet.
: File: "2024-01-08 email from Livers - er s stonas matter.pdf"
; 2024-01-08 : I wrote to PIC requesting legal fees calculation sheet and got it.
: Files: "2024-01-09 email from PIC - APP-10268809 Alfonsas Stonis Reply to 8th January 2024 email.pdf", "Stonis.Costs Calculator.version 1999.pdf"
==== Misconduct ====
Livers refused to provide spreadsheet of calculation of costs supplied by PIC despite being asked for it many times.
# There are several times in emails where I ask directly for spreadsheet.
# There were receipts sent to Livers in order to provide it to PIC but Livers did not forward it.
# There is a message from PIC with to Livers with the spreadsheet but Livers did not forwarded it.
# There is a message from PIC asking for claimants position or regulated fees but Livers did not forward it or replied to the question.
# Instead Livers wrote that this spreadsheet does not exist.
# There are several other emails about legal fees to Livers but Livers did not provided information he had: insurance objections to legal fees and costs calculation spreadsheet.
=== Withheld request from PIC about position on legal costs ===
Livers did not inform me that insurance is disputing claim costs.
=== Livers did not uploaded provided documents on time and latter uploaded with some errors ===
Livers was asked to provide response to QBE application by  messages.
==== Timeline ====
; 2024-02-24 : PIC rescheduled preliminary conference to 2024-03-14.
: File: "2023-02-24 PIC message - part 4 - conference reschedule 14 Mar.pdf"
; 2024-03-14 : PIC member Macken requested for all documents to be uploaded to system by April 28.
; 2024-03-14 to 2024-04-28 : I contacted Livers multiple times trying to find out what and how information has to be provided to PIC. Livers was very unresponsive saying that he will take care of it, but did nothing.
; 2024-04-30 : Ceballos contacted PIC asking to assess claim on the papers, that means without any input from claimant.
: File: "2023-04-30 - 05-01 PIC messages - part 6 - Ceballos note that Livers have not uploaded all required documents asks for documents not to be accepted and for assessment on paper.pdf"
; 2024-05-01 : Only after Ceballos message Livers replied that he will upload documents tomorrow.
; 2024-05-01 - 05-08 : PIC replied that the assessment conference will be left as planned. Livers notified that he uploaded some documents on 05-08. It is unclear were some documents uploaded on 05-01.
: File: "2023-05-01 - 05-08 PIC messages - part 7 - Member is aware of messages - Livers upload documents.pdf"
; 2024-05-08 : Livers further documents.
: File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"
; 2024-05-08 : Ceballos commented that documents A03, A04 and A05 are duplicates. He also indicates some other errors. Dominic John from PIC confirmed it, but there was no reply from Livers.
: File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"


== Negligent management of the claim ==
== Negligent management of the claim ==
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;2023-01-24 : Signed authority to get file from Leonard, tri-parted agreement to get file from Leonard and agreement for Livers to represent me. Livers told me that he will get files from Leonard and then having all information come back to me.
;2023-01-24 : Signed authority to get file from Leonard, tri-parted agreement to get file from Leonard and agreement for Livers to represent me. Livers told me that he will get files from Leonard and then having all information come back to me.
; 2023-01-27 : I enquired Livers did he got the file. PIC was wrongly informed by Ceballos that another lawyer is representing me.
; 2023-01-27 : I enquired Livers did he got the file. PIC was wrongly informed by Ceballos that another lawyer is representing me.
: File 2023-01-27 email to Livers - I got a message from QBE on PIC portal.pdf
: File: 2023-01-27 email to Livers - I got a message from QBE on PIC portal.pdf
;2023-01-30 : Livers forwarded me email from Leonard that she believes that I should accept her fees and that I indicated so. Leonard also wrote that she is getting file ready. I replied that it is not true. That because Leonard has resigned, that she gives up her fees. I wrote to Livers the reasons why I am not satisfied with Leonard work and her fees.
;2023-01-30 : Livers forwarded me email from Leonard that she believes that I should accept her fees and that I indicated so. Leonard also wrote that she is getting file ready. I replied that it is not true. That because Leonard has resigned, that she gives up her fees. I wrote to Livers the reasons why I am not satisfied with Leonard work and her fees.
: File: 2023-01-30 email from Livers - FW: Attached Image.pdf
: File: 2023-01-30 email from Livers - FW: Attached Image.pdf, 2023-01-30 3964_001 - email from Leonard.pdf
;2023-o1-31 : I sent summary of my claim in case if it takes longer to get file from Leonard. During next few days I forward other information from PIC and providing information that the uncertainty is causing me a lot of stress. PIC made an appointment for assessment, and I was calling Livers urging that we need to take action. Livers maintained his view that we have plenty of time and he will be able to do everything on time once he gets file from Leonard.
;2023-01-31 : I sent summary of my claim in case if it takes longer to get file from Leonard. During next few days I forward other information from PIC and providing information that the uncertainty is causing me a lot of stress. PIC made an appointment for assessment, and I was calling Livers urging that we need to take action. Livers maintained his view that we have plenty of time and he will be able to do everything on time once he gets file from Leonard.
: Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf" (from above).
;2023-02-07 : I wrote follow up to Livers about getting file from Leonard. It seems he have not done anything since the last time. He contacted PIC for time extension.
;2023-02-07 : I wrote follow up to Livers about getting file from Leonard. It seems he have not done anything since the last time. He contacted PIC for time extension.
: Files 2023-02-07 emails to from Livers - Getting files from Moya.pdf
: Files: 2023-02-07 emails to from Livers - Getting files from Moya.pdf
; 2023-02-22 : I called Livers a day before and I wrote ageing to Livers reminding about urgency to get file from Leonard.
; 2023-02-22 : I called Livers a day before and I wrote ageing to Livers reminding about urgency to get file from Leonard.
: File 2023-02-22 email to Livers - If or when you get files from Moya please let me know and if you want to find how to use Google drive I would be glad to help.pdf.
: File: 2023-02-22 email to Livers - If or when you get files from Moya please let me know and if you want to find how to use Google drive I would be glad to help.pdf.
;
;


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=== Not being able to cope ===
=== Not being able to cope ===
This injustice intensified my [[PTSD symptoms]] so much that I was consonantly overwhelmed by panic attacks. I could not think at all. My body went into autopilot mode with only one task - <strong>survive</strong>.
This injustice intensified my [[PTSD symptoms]] so much that I was consonantly overwhelmed by panic attacks. I could not think at all. My body went into autopilot mode with only one task - <strong>survive</strong>.
== Money lost from interest on trust account ==
''There must be more specific English word for this, but I can not thing of it right now. I will fix it when I remember it.''
=== Background ===
# [[PIC Assessment Conference 2023-06-28 | 2023-06-28]] PIC Assessment Conference.
# [[PIC Assessment Conference 2023-06-28#PIC determination by Hugh Macken | 2023-07-20]] Hugh Macken uploaded determination.
# [[Peter Livers exaggerated fees#Professional misconduct | 2023-08-08]] I submitted request to fix obvious errors and that I will accept the determination.
# 2023-08-22 Livers sent me email informing that PIC decided that there we no errors in determination and asked me to send another confirmation accepting the award.
# [[Peter Livers exaggerated fees#Professional misconduct | 2023-08-30]] Not being able to cope I accepted corrupted tribunal decision due to health reasons.
=== Money held in Ceballos account ===
# 2023-08-30 Ceballos got money from QBE to make a payment. I do not have exact record but based on information provided by Livers. I would prefer to have bank transaction records, but not sure how to get it.
# 2023-12-19 Ceballos transferred money to Livers.
# Ceballos held

Latest revision as of 11:24, 20 January 2025

Peter James Livers is a solicitor from Slattery Thompson law firm and represented me for my persona injury claim from 2023-01. He represented me at PIC Assessment Conference 2023-06-28 for my personal injury claim. It went terribly bad, and I doubt I will be able to fix it. All I can do now is to try to get some justice, so that other people do not suffer same way.

There were actions by Livers that can be identified as professional misconduct. However, these actions differ a lot in their impact. For some corruption is the only logical explanation I can come up with. Others also perfectly fit into corrupt behaviour and attempts to cover it. Some of the remaining actions could be explained by highly damaging negligence if not the other corrupt actions.

I spend almost a year collecting and providing missing information for my claim. However, I got a result that was even worse that previous bad result. Livers played major role in making sure that I get minimum compensation.

I wrote a review about him on Google maps, you can read it at this site too.

Summary

Ceballos provided false information about mental health status, misquoted medical documents and statements and provided false statements reducing severity of injury. Livers knew about it and was provided with evidence of wrong statement by Ceballos. However, Livers falsely promised to provide that information to PIC, instead he led PIC to believe that it is true. He also withheld request for information about representation by barrister, medical and legal expenses. He misled me with advice about non economical loss. This resulted in severe damaged to the compensation claim. After this Livers obstructed me from going to appeal process.

Actions that can be explained only by corruption:

  1. Ceballos (QBE solicitor) submitted lots of absurd lies to PIC about my functioning before and after the injury.
  2. I provided detailed evidence to Livers that showed how incorrect Ceballos statements are.
  3. Livers promised to include these objections in his submissions, later to present during tribunal.
  4. Livers withheld from me the question from PIC about representation by barrister and lied to PIC that I do not want barrister. During assessment conference Livers acted as if he did not now what was happening at all. Having independent barrister would stop Livers from being able to fail my claim.
  5. Livers did not provide to PIC any of objections about lies by Ceballos.
  6. Livers did not inform about Ceballos disputing legal and medical expenses. This resulted in QBE avoiding paying for most of expenses. Just Medicare expenses by 2020 were $11,245.85. QBE disputed all my out of pocket treatment expenses and more than half of medicare expenses. PIC assessor awarded $10,000 for past and future treatment expenses. This will not be enough even to cover past Medicare expenses.
  7. During tribunal Livers insisted that I ask $500,000 for pain and suffering. Previously I asked for $200,000 and insurance agreed. Even Macken, PIC member, said that $500,000 is too high, as just 3 weeks ago he gave quadriplegic only $375,000, and if I leave it this high I will get close to the allowed minimum $100,000. Unfortunately, I trusted Livers and got $150,000.
  8. Before tribunal Livers did not update Medicare expenses. He withhold from me information that QBE is disputing medicare expenses. I found out it during tribunal.
  9. After the tribunal Livers pushed very hard to accept tribunal decision.
  10. Before tribunal Livers recommended and promised to go to court after tribunal decision. However, after the tribunal he did everything in his power to prevent me from appealing tribunal decision.

Actions that supplement supposition of corruption, but could potentiality be explained by some extreme negligence:

  1. Livers did not collect any information required for my claim.
  2. Livers dragged time missing important deadlines
  3. Livers significantly misled about his expertise or intentionally provided bad advice
  4. Livers sent his bill before all procedures related to claim were finished and potentially before some of his misconduct becomes apparent

Exaggerated fees

Liver sent me an email on 2019-12-19 with the estimate of his costs. I disagree with this estimate because it assumes almost all work preparing my claim was done by him with the exception of the medical dispute. However, he basically done no work. I had to do everything myself and relying on advice from other solicitors. He did show up at PIC assessment conference and completely misrepresented me. My claim would be much better if there was no involvement from Livers at all. He actually did a lot of harm by withholding important information from me and providing false information to PIC. About some of his misconduct I have learned only recently, and I am still collecting information. I think Livers request for paying is premature as some of the work related to my claim is not complete: for example, Medicare is holding 10% of my compensation claim. This is because some forms have not been completed onetime. I suspect that Lives miscount caused further financial loss that will become apparent after finalizing Medicare Compensation Recovery.

If I understand correctly OLSC can consider complaint about solicitor's fees only within 60 days after request for payment has been made. I do not think this is request for payment as it is too early to pay. I think first we need to complete work related to my claim and then we can estimate and negotiate his fees. However, to be on the safe side I will submit complaint to OLSC about Peter Livers exaggerated fees and then submit another complaint about his misconduct when I have all the required information.

Severe misconduct

Failure to provide key information for my claim

Ceballos provided lots of incorrect statements, sometimes going to absurd levels. All this could have been easily disproved by just checking that information as Ceballos often misquoted documents changing their meaning to opposite what is written in original documents. I provided information about lies from Ceballos. Livers was very insistent that I do not present this information in written form. Instead, he promised to do it himself. He was delaying and changing his plan. At the end promising to present everything during tribunal and did not do this. He actively prevented me from showing that Ceballos statements were factually incorrect.

Withheld information about barrister representation

Damaging advice for non economic loss

Not provided information for treatment compensation (medicare) expenses objection by QBE

Livers told that medical expenses has to be a part of statement only at the very last minute when statement already had to be sent to PIC. Previous lawyers kept it separate, so it was very unexpected. Livers did not informed that QBE disputed medical expenses. During AC Livers misinformed that this is only about medicare expense. After AC Livers have not replied what information is needed for medical expenses and refused to provide any advice or examples. This was in star contrast to his claims that he has been doing PI claims for many years as a main part of his job. As a result:

  1. No out of pocket treatment expenses have been compensated
  2. Future medical expenses have been significantly reduced.
2024-06-13
Ceballos uploaded dispute of medical expenses. There was no response from Livers.
File: "2023-06-13 PIC message - part 10 - Ceballos dispute medical expenses.pdf"

Not provided information about legal costs objection by QBE

False promise to go to court

who was telling me all the time that I should not be worrying and spending so much effort on PIC assessment as we he strongly recommends going to court after assessment. However, after assessment suddenly after I got terrible result and asked OK, lets go to court

Refused to provide table of Damages and Costs Calculation

PIC determination mentions the attached sheet that provides information how damages and costs were calculated. This would allow me to check correctness of calculations and latter on calculate regulated cost that are meant to be shared by my lawyers. Livers did not provide me this information. I asked Livers multiple times to provide it, but Livers refused to do so. At the end I got this file from PIC.

Timeline

2023-06-26
I sent Livers information about Dr Peter Anderson medical legal assessment fees.
File: "2023-06-26 email to Livers - solicitors file.pdf"
2023-06-28
PIC assessment conference.
2023-07-09
I sent to Livers the bank transaction records of payment to Dr Peter Anderson.
File: "2023-07-09 email to Livers - Medical assessment by Dr Peter Anderson expenses.pdf"
2023-07-11
I sent to Livers the receipts from Dr Peter Anderson.
File: "2023-07-11 email to Livers - Fwd_ Dr Peter Anderson.pdf"
2023-07-20
Livers forwarded PIC determination.
It has reference to attached sheet for calculation of costs: 64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30." I have not noticed that some information is missing.
Files: "2023-07-20 PIC determination.pdf", "2023-07-20 email from Livers - FW Attached Imaged - PIC determination.pdf"
2023-07-26
PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC.
File: "2023-07-26 PIC message - Stonis part 23.pdf"
2023-07-31
Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me.
File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf"
2023-08-04
I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked how PIC member come to legal costs sum.
File: "2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf"
2023-08-22 - 24
I asked for the legal fees calculation sheet mentioned in PIC determination. Livers did not replied, so I sent a reminder. Livers replied that I have to decide myself who and how much I contributed to my claim.
File: "2023-08-24 email to from Livers - RE Legal costs awarded by tribunual.pdf"
2023-10-20
I again requested a legal fees calculation sheet mentioned in the PIC determination. Instead, Livers sent me an insurer's position on regulated fees.
Files: "2023-10-20 email to Livers - Legal expenses determent by PIC.pdf", "2023-10-20 email from Livers - FW Attached Image - insurance position on regulated cost.pdf", "2023-10-20 Insurer position on schedule of regulated costs.pdf"
2023-12-19
I got an email form Livers informing that he has received the money from QBE. He also included an estimate of his fees. Livers claims fees for all work preparing my claim with exception of the work that was clearly done before his involvement.
Files: "2023-12-19 email from Livers - FW Message from KM_C258 - estimate of fees.pdf", "2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf"
2023-12-20
Livers sent me forms for Medicare recovery. I asked to send the remaining money to may account without waiting for reply from Medicare. Livers asked do I agree with his cost estimate. I replied that it is too early as not all work is completed yet. I have filled them in sent back.
File: "2023-12-20 emails from to Livers - Re FW Message from KM_C258 - Medicare Recovery forms.pdf"
2023-12-30
I wrote again to Livers highlighting that three should be legal fees calculation sheet and that he provided insurer's position on it.
File: "2023-12-30 email from to Livers - Re FW Message from KM_C258.pdf"
2024-01-08
Livers replied that there is no legal fees calculation sheet.
File: "2024-01-08 email from Livers - er s stonas matter.pdf"
2024-01-08
I wrote to PIC requesting legal fees calculation sheet and got it.
Files: "2024-01-09 email from PIC - APP-10268809 Alfonsas Stonis Reply to 8th January 2024 email.pdf", "Stonis.Costs Calculator.version 1999.pdf"

Misconduct

Livers refused to provide spreadsheet of calculation of costs supplied by PIC despite being asked for it many times.

  1. There are several times in emails where I ask directly for spreadsheet.
  2. There were receipts sent to Livers in order to provide it to PIC but Livers did not forward it.
  3. There is a message from PIC with to Livers with the spreadsheet but Livers did not forwarded it.
  4. There is a message from PIC asking for claimants position or regulated fees but Livers did not forward it or replied to the question.
  5. Instead Livers wrote that this spreadsheet does not exist.
  6. There are several other emails about legal fees to Livers but Livers did not provided information he had: insurance objections to legal fees and costs calculation spreadsheet.

Withheld request from PIC about position on legal costs

Livers did not inform me that insurance is disputing claim costs.

Livers did not uploaded provided documents on time and latter uploaded with some errors

Livers was asked to provide response to QBE application by messages.

Timeline

2024-02-24
PIC rescheduled preliminary conference to 2024-03-14.
File: "2023-02-24 PIC message - part 4 - conference reschedule 14 Mar.pdf"
2024-03-14
PIC member Macken requested for all documents to be uploaded to system by April 28.
2024-03-14 to 2024-04-28
I contacted Livers multiple times trying to find out what and how information has to be provided to PIC. Livers was very unresponsive saying that he will take care of it, but did nothing.
2024-04-30
Ceballos contacted PIC asking to assess claim on the papers, that means without any input from claimant.
File: "2023-04-30 - 05-01 PIC messages - part 6 - Ceballos note that Livers have not uploaded all required documents asks for documents not to be accepted and for assessment on paper.pdf"
2024-05-01
Only after Ceballos message Livers replied that he will upload documents tomorrow.
2024-05-01 - 05-08
PIC replied that the assessment conference will be left as planned. Livers notified that he uploaded some documents on 05-08. It is unclear were some documents uploaded on 05-01.
File: "2023-05-01 - 05-08 PIC messages - part 7 - Member is aware of messages - Livers upload documents.pdf"
2024-05-08
Livers further documents.
File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"
2024-05-08
Ceballos commented that documents A03, A04 and A05 are duplicates. He also indicates some other errors. Dominic John from PIC confirmed it, but there was no reply from Livers.
File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"

Negligent management of the claim

There were actions or lack of actions by Livers that perfectly fits corruption scheme, but could be explained by very high level of negligence, if not the other actions that can be explain only by corruption.

Delaying getting file from Moya de Luca-Leonard

2023-01-24
Signed authority to get file from Leonard, tri-parted agreement to get file from Leonard and agreement for Livers to represent me. Livers told me that he will get files from Leonard and then having all information come back to me.
2023-01-27
I enquired Livers did he got the file. PIC was wrongly informed by Ceballos that another lawyer is representing me.
File: 2023-01-27 email to Livers - I got a message from QBE on PIC portal.pdf
2023-01-30
Livers forwarded me email from Leonard that she believes that I should accept her fees and that I indicated so. Leonard also wrote that she is getting file ready. I replied that it is not true. That because Leonard has resigned, that she gives up her fees. I wrote to Livers the reasons why I am not satisfied with Leonard work and her fees.
File: 2023-01-30 email from Livers - FW: Attached Image.pdf, 2023-01-30 3964_001 - email from Leonard.pdf
2023-01-31
I sent summary of my claim in case if it takes longer to get file from Leonard. During next few days I forward other information from PIC and providing information that the uncertainty is causing me a lot of stress. PIC made an appointment for assessment, and I was calling Livers urging that we need to take action. Livers maintained his view that we have plenty of time and he will be able to do everything on time once he gets file from Leonard.
Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf" (from above).
2023-02-07
I wrote follow up to Livers about getting file from Leonard. It seems he have not done anything since the last time. He contacted PIC for time extension.
Files: 2023-02-07 emails to from Livers - Getting files from Moya.pdf
2023-02-22
I called Livers a day before and I wrote ageing to Livers reminding about urgency to get file from Leonard.
File: 2023-02-22 email to Livers - If or when you get files from Moya please let me know and if you want to find how to use Google drive I would be glad to help.pdf.

Other delays

2023-02-21 and 22
I sent 2 emails with my work summary and with 5 questions in it. Livers did not reply. I asked the same questions next time I met Livers, and it became clear to me that he have not read it.
File 2023-02-21 email to Livers - Work Summary.pdf

Not being able to cope

This injustice intensified my PTSD symptoms so much that I was consonantly overwhelmed by panic attacks. I could not think at all. My body went into autopilot mode with only one task - survive.

Money lost from interest on trust account

There must be more specific English word for this, but I can not thing of it right now. I will fix it when I remember it.

Background

  1. 2023-06-28 PIC Assessment Conference.
  2. 2023-07-20 Hugh Macken uploaded determination.
  3. 2023-08-08 I submitted request to fix obvious errors and that I will accept the determination.
  4. 2023-08-22 Livers sent me email informing that PIC decided that there we no errors in determination and asked me to send another confirmation accepting the award.
  5. 2023-08-30 Not being able to cope I accepted corrupted tribunal decision due to health reasons.

Money held in Ceballos account

  1. 2023-08-30 Ceballos got money from QBE to make a payment. I do not have exact record but based on information provided by Livers. I would prefer to have bank transaction records, but not sure how to get it.
  2. 2023-12-19 Ceballos transferred money to Livers.
  3. Ceballos held