General Law...ish Discussions

[dwarfthrower]

I've been a defendant twice... does that count?

[MC SoD]

In what matters? hehe

[dwarfthrower]

One property damage, one assault police... generic misspent youth stuff.

[Reprobate]

back. again.

you should have a thread that's just general dribble. for stuff like this. and rename this thread 'Qualifications'.

You'll also need a 'Rules Of The Law Forum' for the disclaimers and such.

And ask Bishi or Pirate to move this thread (http://forums.zgeek.com/showthread.php?t=34036&page=1&pp=15) in Bitching & Rants over here.

If you don't mind I may start a thread or two which might help people in my situation. for instance a few links that will help those who need it. Law Access, fmc.gov.au, familylaw.gov.au and familycourt.gov.au (those last two were a cause of confusion for me going to one once and then going to the other one thinking the site was redesigned and not finding any of the information i remembered being there).

i'll put in my 2 cents from personal experience if i think it applicable. and if i step out of line or say something that is way off track, feel free to give me a kick in the arse.

I'll have a few questions to ask of my own. Feel free to send me a Bill Of Reps at the conclusion of the appropriate thread.

any chance of making the forum available only to people with X amount of posts and X amount of rep? that way if my ex-wife ever stumbles on the site she'll never see what i'm up to in here. that is if she ever figures out how to turn on a computer.

edit: i think Sagacious NEEDS more REP POWER/STATUS to fully back up his position of power, responsbility and authority as a mod. 10 would be a fair call wouldn't it?

[Girl.]

I agree that a "legal resources" thread might be a good idea. There are so many free and relatively easy to use legal and semi-legal resources out there that few people are aware of.

Another thing I've realised over the past few years is that while people may be aware that they have a legal problem or complaint, they don't know who they should go to for help. A lot of people are a bit hazy on who the Ombudsman is, what the ACCC does, whether there are free legal centres where advice might be had and the like.

And darkside is right -- court websites often have easy-to-understand FAQ and resource sections.

[dwarfthrower]

legal and semi-legal resources out there that few people are aware of.

I for one am always more than willing to dole out semi-legal advice ;)

[frednurk]

Welcome to the wonderful world of endless, inane, He says, She says, family law. Whilst it looked good from the front page- I remain a pessimist.

Good luck team. I wish you well in your task.
Will drop by occasionally- and hopefully will be proved wrong.

[Girl.]

I for one am always more than willing to dole out semi-legal advice ;)

By semi-legal, I meant sites such as that of the Department of Fair Trading, which lists, for example, your rights as a consumer, and how to complain about breaches of the relevant legislation.

[dwarfthrower]

I meant stuff that bordered on legality if you looked at it in a certain light. I'm sure between the two of us we should be able to handle all the site's semi-legal needs.

[DrDivad]

Isn't this meant to be just general stuff relevant to Law to free up discussions, B&R and to a lesser extent General?

So people can ask for opinion but really anything law related that you want a discussion on is the aim of the forum, getting all pantsy about qualifications makes me nervous I know if I was a practicing lawyer or a law student I'd not want my position really known, has all sorts of ways of coming around and biting you in the ass.

So lets leave it casual and everyones status as a backyard professor can be recognised, no possibity of trouble. Cos as you law types well know, a disclaimer doesn't exact mean those that have participated are waiving any of their rights, nor that the people holding the disclaimer can act avoid everything.

[Girl.]

I don't think it has as much to do with disclaimers and waiving rights as allowing the person asking the question to know how seriously to take the advice. On the rare occasions when I've given advice to friends, I've always prefaced it with "but I'm just a student so don't take what I say as gospel, and make sure that you get a second opinion from someone who is qualified".

Also, knowing where they practice is important, because laws obviously vary hugely depending on the jurisdiction the person is practicing in. And the type of law practiced is also important, because a person who has only had experience in Commercial law would probably have absolutely no idea of how to file applications in the Family Court and vice versa.

[DrDivad]

At Sydney Uni if the law faculty finds out you've been giving advice out, they boot you off the course!

Definately you get your ass kicked if you give out any paid advice.

[Girl.]

There's a difference between giving the type of advice you'd expect from a lawyer, and advising a friend of where they should look for help so that they can start their own enquiries.

[DrDivad]

well, i'd argue that the latter wouldn't really count as 'legal' advice.
The latter is just smart thinking. Which some chumps need to be reminded of.

[Girl.]

*shrug* I'm not going to argue with you, I'm just pointing out that I think Mc SoD has a point.

[DrDivad]

well i didn't mean, that i intended on arguing, figure of speech.

and yeah fair call, i just think it might be a bit less complex and just take it on face value, cos if you put someones candid advice into 'context' of their job it becomes a bit more complicated if they take that advice BECAUSE of the context, yada yada shit hits the fan.

but that's a case by case thing, hopefully no one here is stupid enough to end up in such a situation.

[Reprobate]

Everything DrDivad said
I have a big family law shit fight on my horizon, and there are a few interesting twists and turns to consider. And there's no way I'm going to take on board anything that Goat Boy or The Cunt have to say UNLESS I know who they are and where they're coming from.

Anyone with half a clue could come here and post some sage advice and the person with the question may use it as the basis for their own enquiries, and lose time and money following the wrong avenue or filing the wrong form or even wasting an hour of their own solicitors time because they've gone in with the wrong preconceived notion from the advice i've given them.

i could, and i do, tell people about my experiences. because friends and family tell other people about what i've gone through. and they've come to me and i've told them the things they can expect or might come across.

i had a friend of a friend try and give me advice. he nearly got a punch in the face. he based his knowledge on common sense and fairness. he tried to tell me a thing or two about the way the system SHOULD work.

Sagacious in a recent thread told me how the system DOES work. And it's not cut and dried and straight down the line. It's more like a 'choose your own adventure' nightmare.

How I now put a plan into action is up to me. I've got a few more questions to hit up about, but first I need to research a couple more things.

As for things having ways of coming around and biting you in the ass I wouldn't be too concerned if I were them. Having again experienced it first hand (http://forums.zgeek.com/showpost.php?p=567235&postcount=6).

While you may say "Isn't this meant to be just general stuff relevant to Law" Law encompasses so many different facets. And general stuff doesn't scratch the surface. It's the specific stuff that's gonna save your butt and save you HUNDREDS of dollars.

You do bring up some valid points. If I propose a problem to the forum I'd like to hear from those with qualifications, but if someone has had a similar experience I will listen to some degree. It's not always about the law. I told say_wat in his thread that getting Third Party Property Insurance won't cost you much more in addition to your Third Party People Insurance (CTP).

In some regard this forum I would think would run similar to the Technical forums where Druid rules it with an iron fist :p just kidding. But he does keep out the rabble and encourages people to delete their post if it's off topic or idiotic. Because it's about the quality of the information that what makes the forum useful.

[sneagelman]

The problem with a Law forum among non-lawyers is this: If you have non-lawyers discussing legal issues, isn't it a waste of time? On the other hand, if a licensed practitioner weighs in on an issue, then he or she may be arguably giving an opinion.

And without knowing ALL of the relevant facts, and having the give and take of a normal consultation, how can a competent opinion be possible?

So, discussion of specific factual situations as applied to law would be a waste of time.

Discussion (i.e. rants) regarding court decisions, silly legal claims, or legislative stupidity? Oh yeah babeee bring it on.

Or we could just tell lawyer jokes.

I'll start.

PETA scored a big animal rights victory, as the U.S. Food and Drug Administration banned testing and dissection of lab rats. Instead, lawyers will be used. The rationale: Their hearts and other key internal organs are about the same size.... and the lab techs don't get as attached to them emotionally.

:fart:

[dwarfthrower]

We need a medical forum so we can all give each other really dodgy medical advice too.

[DrDivad]

Well I wouldn't rule out The Cunt, he is a veritable spring of useful information,....ok i just want someone so say in court "According to 'The Cunt' ...." Hehe.

My concern was just that, it could get too serious, end too badly, since anyone with nay problem shold ring the various free legal people, they can contact chamber magistrates, look up the legislation on the net, talk to their inusrance company (they nearly always have a free legal advice person for policy holders) speak to their university (if they are a student) etc. etc. and these would be the best and most accountable sources.

The only difference between a practicing lawyer and someone who isn't a lawyer is you'd expect the lawyer to actually know something about their area of law, but no guarantee that they get it righ, kinda like expecting a Police Officer to know every single facet of the law. There's no guarantee that any information you're gleaning is any more correct or pertinent to your particular circumstance unless you're paying them money to act on that guarantee. Otherwise it's tough cobras!

[Serpent_Girl]

We need a medical forum so we can all give each other really dodgy medical advice too.

I second this motion.

[ShinymetalASS]

Isnt this forum just like the other forums here??

We discuss things, rant about things, laugh about things....

I would hope that anybody was free to express an opinion in this forum, or share a personal experience, or some information that they found useful....

Put it this way, if someone is seeking advice in this forum for a multi million dollar commercial transaction, I would have some serious concerns about that person's business sense.

Lighten up a little people! :D

EDIT: LLB, just about finished 2 years of Articles (since I was fortunate enough to be offered that position). Started off working on commerical and property work in the Primary Industries (mostly cattle-related transactions). This meant Contracts, Leases, some litigation, etc. Also did a lot of estate planning (not probate or admin thankfully) and Tax Planning for family trusts, companies, etc. Also buttloads of conveyancing, property settlements, and I seem to always have the irritating task of being the Stamp Duties person in the office. :D So government charge me up baby!

[Sagacious]

There seems to be a lot of general discussion in the Qualifications thread so I have mved some of the more general discussions here.

[locust]

We need a medical forum so we can all give each other really dodgy medical advice too.

Meh, medical, right now I'd prefer a dental forum. My toothache obviously requires professional attention but I'd love to hear everyone's unqualified advice first.

Mega ++rep for anyone who actually convinces me that despite the persistent agony in my jaw, I don't need to see the dentist.

[ShinymetalASS]

Mega ++rep for anyone who actually convinces me that despite the persistent agony in my jaw, I don't need to see the dentist.


Give me a sledgehammer and about 20 seconds. I doubt you'll need to see the dentist after that.

Of course, you might be paying a visit to the mortician, but I heard they really know how to party ;) (F.F. reference for my fellow Smod) :D

[ShinymetalASS]

.... and just a quick question..... I know this is a 'serious' forum, but is anyone opposed to a thread for lawyer / legal jokes? I get a lot of rather amusing ones (I imagine for the same reason I get a lot of blonde jokes) and, after all, we cant take ourselves seriously all of the time can we?

:D

[Sagacious]

.... and just a quick question..... I know this is a 'serious' forum, but is anyone opposed to a thread for lawyer / legal jokes? I get a lot of rather amusing ones (I imagine for the same reason I get a lot of blonde jokes) and, after all, we cant take ourselves seriously all of the time can we?

:D
Dooooooo IT! yeah lawyers tell the best lawyer jokes!

[DrDivad]

What if it was only a $1000 deal? That would sure matter to me! But I wouldn't be askin' here :P

[DrDivad]

Where's the philosophy forum! DIscussions is halfway there, but unfortunately it's also full of halfwits!

[MC SoD]

Isnt this forum just like the other forums here??

We discuss things, rant about things, laugh about things....

I would hope that anybody was free to express an opinion in this forum, or share a personal experience, or some information that they found useful....


It matters because you're the mod

This isn't just general chat... Druid's technically minded, Urban is good at photoshop and Bishi's just a bitch... you need to match your forum. ;)

[tikdoph]

we cant take ourselves seriously all of the time can we?
Ummm... this is ZGeek, so yeah, it's pretty much par for the course. ;)

And it's nice to finally see a thread that has become more inane than "I confess...". Oh wait... I think I got this thread confused with "Qualifications".

Well done, guys :D

[SmaSheD_CoW]

Why on earth is this a sticky? And that law jokes thread? It's not like they're gonna disappear amongst the 2 other threads here :)

[MC SoD]

Why on earth is this a sticky? And that law jokes thread? It's not like they're gonna disappear amongst the 2 other threads here :)

Every forum needs more stickies. This one does not have enough. :rolleyes:

[The Cunt]

So long as there's at least 25 billable hours in a 24 hour day then law will always be a sticky mess.

[BoB tHe PlUmBeR]

Seeing as this is marked as 'General Lawish Discussion" I think I'll post here.

After hearing lots of propoganda from both sides about the new unfair dismissal laws, I thought I might like to actually try to find out what exactly the laws are... but it does not seem to be as easy as a google search... unless my google skills are bork3n.

Can anyone give me a quick 'how to find [insert law here] laws' ? Or just poke me in the direction of the new unfair dismissal laws? :) Ta

[dwarfthrower]

just poke me in the direction of the new unfair dismissal laws? :) Ta
poke:
https://www.workchoices.gov.au/ourplan/legislation/

[Sagacious]

AUSTLII (http://www.austlii.edu.au/)

[plasmo]

Law firms often publish short round ups of changes, and because their audience is generally big business, it can provide an interesting perspective on implications for individuals.

Workchoices (http://www.mallesons.com/publications/2006/Mar/8358031W.htm)

HR & IR updates (http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/Newsletters/NL+-+HR+and+IR+Update)

[Lina]

Can anyone tell me if I accept paltry compensation from ebay after being ripped off by an ebay seller, would this affect my chances of receiving further compensation from a small court if I can get the thief via the police?

[dwarfthrower]

Can anyone tell me if I accept paltry compensation from ebay after being ripped off by an ebay seller, would this affect my chances of receiving further compensation from a small court if I can get the thief via the police?

I doubt that ebay would be terribly interested in protecting your scammer from prosecution and being forced to pay you back. I'd say that accepting their compensation would certainly limit your right to sue ebay for the full amount of your loss.

[ms edeity]

I doubt that ebay would be terribly interested in protecting your scammer from prosecution and being forced to pay you back. I'd say that accepting their compensation would certainly limit your right to sue ebay for the full amount of your loss.
it's been well established though that ebay wouldn't be found liable.

[Lina]

Yeah, I think that suing ebay is out of the question, although I do think they should be held much more accountable for the false security they shroud around their 'PowerSellers'. I have a feeling that I'm just not going to get the guy who ripped me off, though, so not accepting even ebays tiny compensation would just add to my financial pain. Argh.

[dwarfthrower]

it's been well established though that ebay wouldn't be found liable.

Indeed, but accepting the compensation would ensure that any future claim went straight into the circular file.

[ShinymetalASS]

In accepting their compensation I could almost guarantee you it would be on condition that you release them from any and all future liability.

In saying that, the limitation would presumably extend only to Ebay's liability and would not change whether you could recover losses from the guy who ripped you off. Certainly wouldnt prevent any criminal proceedings either.

[Fitty]

SMA, you said something about Nemo Dat in some thread. Does this have a provision for compensation?

[dwarfthrower]

I'm not a lawyer, and certainly not in the same calibre of mind as she of the shiny, metallic bottom, but the way I believe it usually works is that, in selling you something, the vendor gives you an implied warranty that they are the legitimate owner or agent of that something and are authorised to sell it to you. If it subsequently gets reclaimed by the rightful owner, then you can sue the vendor for breaching that warranty.

[ShinymetalASS]

SMA, you said something about Nemo Dat in some thread. Does this have a provision for compensation?

Nemo Dat is a principal of law, but is set out in Sale of Goods Act as well.

Essentially you could institute proceeds for either recovery of the debt plus costs, possibly damages in some instances, but remember that unliqufied (unquantified) damages are difficult to substantiate. Maybe even a tribunal depending on the transaction.

Suffice to say, compensation costs more than sometimes you can compensated.