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Post by Banker on Dec 9, 2012 18:03:28 GMT 7
Would you like to make this a sticky Banjo.
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Post by latindancer on Dec 10, 2012 15:31:13 GMT 7
Thanks Banjo for that info, and Banker for your commiseration. In the next few days I'm going to deconstruct the "reasons for judgement" and post it here in very simplified form. That way we can see through the "spin".
I feel so disgusted with the system. And I thought the guy who heard my case seemed ok.
PS....in case you haven't heard..... DD, the founder of Teakdoor, has just died of throat cancer.
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Post by Banker on Dec 10, 2012 15:38:42 GMT 7
DD you mean Dirty Dog or Eric. Died did he?
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Post by Banjo on Dec 10, 2012 15:51:17 GMT 7
There you go, I expect to be head hunted any day now.
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Post by latindancer on Dec 11, 2012 10:19:00 GMT 7
Yes, "Dirty Dog" carked it a few days ago. Bit sad since he has a son in his teens and an upset wife (or partner) who he's been with for 19 years. Details ion TD
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Post by Banjo on Dec 11, 2012 10:35:47 GMT 7
I checked it out, I know a few people who won't miss him; he did some seriously nasty things to a mate of mine in an inter-forum war.
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Post by anotherdsp on Dec 12, 2012 8:16:38 GMT 7
to lynne,well i hope it goes well for you! maybe an early xmas prezzie! interesting comments made by the judge in your case? i think your appeal is the most important one for most people who travel the outcome could present a big problem for c/l if you win?? goodluck!!
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Post by legaleagle on Dec 18, 2012 12:23:22 GMT 7
Just a couple of questions and qualifiers -
1. Does someone have the case name? Or the date the decision was handed down? It would be good to read the fullr easoning of this precedent.
2. At the AAT the decision is handed down by a Tribunal member, not a judge or a magistrate.
3. When they refer to the Fed court as being a "costs" jurisdiction, they're not just talking about the fees it costs to apply to the court, that iIbelieve someone copy pasted (included the discounts and fee waivers that you can apply for under hardship and other grounds), costs also include the other sides legal costs in defending the application - which at the Federal court level can be tens of thousands of dollars easily - so I'd be careful before advising people on pursuing this at this level.
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Post by Banker on Dec 18, 2012 17:07:47 GMT 7
Just a couple of questions and qualifiers - 1. Does someone have the case name? Or the date the decision was handed down? It would be good to read the fullr easoning of this precedent. 2. At the AAT the decision is handed down by a Tribunal member, not a judge or a magistrate. 3. When they refer to the Fed court as being a "costs" jurisdiction, they're not just talking about the fees it costs to apply to the court, that iIbelieve someone copy pasted (included the discounts and fee waivers that you can apply for under hardship and other grounds), costs also include the other sides legal costs in defending the application - which at the Federal court level can be tens of thousands of dollars easily - so I'd be careful before advising people on pursuing this at this level. OK Miss Legaleagle, What qualifications do you have to make this statement? We do not give legal advice on this forum because we are not qualified. The reason for my above question. If you do not wish to put it on the forum you can PM either Banjo or myself. Thank you.
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Post by Banjo on Dec 18, 2012 17:46:33 GMT 7
It's a fair enough comment about costs, we've discussed the full ramifications with our member off the forum, I personally cannot see them pursuing her for costs, but it's always been her own decision as to how far she wants to take this. Her life, if she loses, wont be made any more wretched by owing a few bucks to the feds.
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Post by Banker on Dec 18, 2012 17:56:53 GMT 7
If it was me I would take it all the way, no matter what the cost might be, If I were to loose the appeal they can take the costs out of my pension.
I like many other Australians are fed up with being screwed over by Centrelink and The Australian Government.
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Post by latindancer on Dec 18, 2012 18:03:20 GMT 7
The costs of a failed case are very much in the realm of the unknown for me to make a definite decision yet. However I only have 28 days to make that decision. (less now)
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Post by Banker on Dec 23, 2012 9:07:17 GMT 7
Just a couple of questions and qualifiers - 1. Does someone have the case name? Or the date the decision was handed down? It would be good to read the fullr easoning of this precedent. 2. At the AAT the decision is handed down by a Tribunal member, not a judge or a magistrate. 3. When they refer to the Fed court as being a "costs" jurisdiction, they're not just talking about the fees it costs to apply to the court, that iIbelieve someone copy pasted (included the discounts and fee waivers that you can apply for under hardship and other grounds), costs also include the other sides legal costs in defending the application - which at the Federal court level can be tens of thousands of dollars easily - so I'd be careful before advising people on pursuing this at this level. I see Miss Legaleagle has not been back on the forum or PM me.......Another one hit wonder.
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