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GMP Secures Settlement for a Client After a Delay From Previous Solicitors

Case Overview
  • Our client was a Shelf Packer for a major supermarket when she was forced to cease work due to a foot ulcer.
  • She came to Gerard Malouf and Partners completely unsatisfied with the work done by her previous solicitors.
  • We were able to take over the case and implement the necessary steps to secure $200,000 in a TPD claim. 

Our client was a shelf packer for a major supermarket, when she was forced to cease work. An ulcer on her foot led later resulted in amputation of her toe. She had experienced a number of significant complications following the surgery. She found that she was no longer able to work in her previous role or any that she was suited for by way of her education, training or experience.

Our client came to Gerard Malouf and Partners completely unsatisfied with the work undertaken by her previous solicitors. She had paid almost $30,000.00 of her own money up front so that they could submit the claim on her behalf, however, 18 months had passed without our client receiving any meaningful update or developments on her claim. She found that alongside trying to manage her significant symptomatology, she was managing her own legal affairs. 

““When choosing to proceed with a claim for TPD, it is important to seek the expertise of professionals who are well versed with Superfunds and their Insurers and know what is required in order to get claims over the line. This includes complying with requests made by the Fund and obtaining evidence when necessary.””

Our Approach

While Gerard Malouf and Partners is small enough to care intimately for our clients, we are large enough to have the financial, medical, and expert resources required to ensure your claim receives all the supporting evidence required.

In this case, we were able to take over the case with no hesitation and implement the necessary steps.

Our TPD team’s commitment and care not only set us apart from other firms, but our team is also dedicated to our clients to deliver results.

We were able to show the Fund and their Insurer that we were serious in ensuring that the claim was assessed fairly and in a timely manner.

The Result

The claim was accepted within a few months for the TPD insured benefit amount of $200,000.

Angelica Adhar Lawyer

Angelica Adhar

Law Clerk
There is no greater joy, nor greater reward than to make a fundamental difference in someone’s life. – Mary Rose McGeady
Frequently Asked Questions

More Information

TPD stands for Total and Permanent Disability, and is usually attached to life insurance provided by your superannuation fund. It delivers a lump-sum payout if you have a medical diagnosis indicating that your life has been irrevocably changed and you will most likely never be able to work again.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

There are various ways that you may be entitled to disability benefits, including through:

  • A superannuation policy;
  • Life insurance;
  • Income protection cover;
  • Mortgage protection or loan protection insurance;
  • Employment disability and/or trauma cover; and
  • Sickness or accident policies.


However, you may not know how much you are eligible to receive and what criteria you must meet. Check the wording of your policies closely and contact a personal disability claims lawyer for information if you want further clarification.

In general, a TPD insurance claim takes around six months for the insurance company to assess. However, it can take longer if there is a dispute, or it can be wrapped up in a shorter time frame if your claim is extremely clear and you have the right superannuation disability attorneys on your side.

Be aware that once the insurance company has made its decision in regard to your TPD claim, the trustee of the superannuation fund will need to follow up with their own separate assessment of the claim. This can add an extra month or two to the process.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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