Post by horace on Feb 1, 2011 12:44:05 GMT 7
Banjo suggested that one should not trust lawyers, not have much to do with them. But I think this may be a mistake, for a number of reasons.
Increasing Complexity of the Legal Challenges
The legal challenges to the legislation restricting the free movement of Disability Support Pensioners overseas are likely to become more and more complex as they progress through the court system up to the High Court. The legal challenges will require highly trained human rights lawyers, who are able to present the complex legal arguments to the higher courts in the correct forms of the courts. Human Rights Law is a new area of the law that is still being constructed, a new architecture of human rights for disabled people is just now being created by skilled lawyers: the UN Convention on the Rights of Persons with Disabilities was only ratified by Australia in 2008.
Avoiding Legal Costs
Obviously, most Disability Support Pensioners usually do not have much savings, so it is important to minimize the legal costs. Apparently, as the legal challenges progress through the court system into the Federal Court and High Court, there may be expensive costs. "Pro bono" lawyers, who will act on behalf of impoverished disabled people, are clever and can try to avoid and minimize these legal costs for the DSPer, as much as possible.
Avenues of Complaint
The lawyers are supposed to act in your interest, and to act on your instructions. If they don't do the right thing, then there are avenues to complain about them. It would be best for the Disability Support Pensioner to become informed about the legal issues: ask your lawyer to provide you with reading material. Then the Disability Support Pensioner will be better informed about the legal process and the legal issues, and will know whether or not their lawyer is acting in their best interest.
Pro Bono Lawyers who strongly believe in their client's cause
One just needs to look at Submission Number Three to the Senate Community Affairs Committee: a story and picture of an innocent family that is being destroyed by the government. No human being wants to see a family ripped apart like that. I think that if this case, and many similar cases, of families being torn apart by the legislation, are shown to various "Pro Bono" lawyers, one could find some highly qualified barristers, QCs etc, who strongly believe that the legislation is wrong, and who will put all of their legal energy into fighting the case though the court system up to the High Court, and onto the United Nations.
Increasing Complexity of the Legal Challenges
The legal challenges to the legislation restricting the free movement of Disability Support Pensioners overseas are likely to become more and more complex as they progress through the court system up to the High Court. The legal challenges will require highly trained human rights lawyers, who are able to present the complex legal arguments to the higher courts in the correct forms of the courts. Human Rights Law is a new area of the law that is still being constructed, a new architecture of human rights for disabled people is just now being created by skilled lawyers: the UN Convention on the Rights of Persons with Disabilities was only ratified by Australia in 2008.
Avoiding Legal Costs
Obviously, most Disability Support Pensioners usually do not have much savings, so it is important to minimize the legal costs. Apparently, as the legal challenges progress through the court system into the Federal Court and High Court, there may be expensive costs. "Pro bono" lawyers, who will act on behalf of impoverished disabled people, are clever and can try to avoid and minimize these legal costs for the DSPer, as much as possible.
Avenues of Complaint
The lawyers are supposed to act in your interest, and to act on your instructions. If they don't do the right thing, then there are avenues to complain about them. It would be best for the Disability Support Pensioner to become informed about the legal issues: ask your lawyer to provide you with reading material. Then the Disability Support Pensioner will be better informed about the legal process and the legal issues, and will know whether or not their lawyer is acting in their best interest.
Pro Bono Lawyers who strongly believe in their client's cause
One just needs to look at Submission Number Three to the Senate Community Affairs Committee: a story and picture of an innocent family that is being destroyed by the government. No human being wants to see a family ripped apart like that. I think that if this case, and many similar cases, of families being torn apart by the legislation, are shown to various "Pro Bono" lawyers, one could find some highly qualified barristers, QCs etc, who strongly believe that the legislation is wrong, and who will put all of their legal energy into fighting the case though the court system up to the High Court, and onto the United Nations.
