Misrepresentation by Peter Livers

List of misrepresentation by Peter James Livers starting with the most important. I am writing this list in preparation of challenging lawyers misconduct in court#Peter Livers.

UPDATE: move relevant information from other pages here

Severe misconduct

UPDATE: description

Did not dispute lies by Ceballos

Withholding information about lies by Ceballos. UPDATE: story

2022-10-28: File: "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"

2023-01-31: List of lies by Ceballos and they way to expose them.; Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf"

2023-02-26: Files: "2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf" and "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"

2023-04-25: Files: "2023-04-25 email to Livers - Re Mentioning QBE and previous lawyers in my statement.pdf", "2023-04-25 email to Livers - few questions in your notes about statement.pdf" and "2023-04-25 email to Livers - in my statement I want to have this information.pdf"

2023-04-26: Files: "2023-04-26 email to from Livers - Re Update of statement with summary for Moodley report errors used by QBE.pdf" and "2023-04-26 Alfonsas Stonis further statement.pdf"

2023-05-05: Files: "2023-05-05 Solicitor particulars.pdf" and "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"

2023-06-14: File: "2023-06-14 email from to Livers - Re FW Attached Image - Cebalos particulars.pdf"

2023-06-27: Files: "2023-06-27 email to Livers - Loss of income - reply.pdf" and "2023-06-27 Loss of income.pdf"

2023-06-28: Files: "2023-06-28 email to Livers - Domestic care and assistance - errors in insurers submissions for.pdf" and "2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf"

2023-07-20: File: "2023-07-20 PIC determination.pdf"

2023-08-08: File: "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"

2023-08-27: File: "2023-08-27 Accepting APP-10268809 award.pdf"

Undated: File: "A1 Insurers Submissions.pdf"

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

Update: rearrange with previous one so that one is about misrepresentation and another about delays

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"

Withheld information about barrister representation

UPDATE: description, evidence first meetings, question from PIC close to tribunal

message #17

message #18

Withheld information about barrister representation

UPDATE: description, evidence first meetings, question from PIC close to tribunal

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

Update: add reference to award with none of out of pocket expenses covered and most of medicare expenses denied.

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

Update: description, evidence, cost

Withheld request from PIC about position on legal costs

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

Update: combine with previous one

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"
DUPLICATED 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"
DUPLICATED 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"
DUPLICATED 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"
DUPLICATED 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"
DUPLICATED2023-12-30: 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"
DUPLICATED2024-01-08: Livers replied that there is no legal fees calculation sheet.; File: "2024-01-08 email from Livers - er s stonas matter.pdf"
DUPLICATED2024-01-08: 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.

False promise to go to court

Update: description, evidence if can be found

Livers 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.

Exaggerated fees

DUPLICATED Liver sent me an email on 2019-12-19 with the estimate of his costs. I disagree with this estimate, as it assumes that nearly all work in preparing my claim was undertaken by him, aside from the medical dispute. In reality, he carried out little to no substantive work. I effectively managed all aspects of the matter on my own, with support only from advice provided by 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. 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.

Took no action to prevent delay caused by false statement by Moya

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.

Late to upload files for my claim

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