JC Political Thread - For All Things Political Part 2

[Immortality]

So your expertise comes from the point of view of a defendant in criminal proceedings.

It's a bit different when it's not criminal.

 

[shane_3800]

So your expertise comes from the point of view of a defendant in criminal proceedings.

It's a bit different when it's not criminal.

Yes, it is different, but I have listened to people talking about family court, and civil court, also some supreme court criminal cases, all off people I have met. My brother is also a lawyer, but I actually don't ever talk to him about law, all my knowledge comes from first hand dealings with the court and listening to other people.
My old house mate was before a Justice in family court, he told me the whole story, how he had a barrister and was spending like 30k over the whole thing, had multiple lawyers, he ended up just walking in by him self, and gave all the paperwork to the justice, and he ended up somewhat winning.
All the legal dealings he had before, that obviously helped him, know what to say and do. But my point is, that you don't need high power lawyers, you have one behind the bench and I think people forget that.

 

[vc commodore]

Yes, but going to court is free you know.

Most people just throw around what they hear, without actually doing any critical thinking.
If I got sued by Gina Rhinehart, I would go to the first date, I then say I'm still looking for a lawyer, I then get legal aid, I then drag the process out.
See that only costs me time.

It only gets nervous when you're liable, so you basically are in the wrong and calling a bluff, so if you get pinged in court by a rich person, well you only have your self to blame.
The court works on law, not money, so if you're in the right then there is nothing to worry about.

It's like these people that spray off on social media, then cry when someone lodges against them, well if they kept their mouth shut then they wouldn't be in the situation. You're insinuating that in that example it would be a slapp suit, because one party is wealthier than the other, but in reality if the poor party just said nice things they wouldn't be potentially liable for a lot of money.

Geez, I wish I got legal aid when I went for a civil claim for $3,500....The fee for lodging the claim, the fees for sending the necessary documents to lodge the claim came out of my hip pocket.....

BTW, I won the case but got diddly squat....The person racked off interstate, so they avoided any costs

 

[vc commodore]

Yes, it is different, but I have listened to people talking about family court, and civil court, also some supreme court criminal cases, all off people I have met. My brother is also a lawyer, but I actually don't ever talk to him about law, all my knowledge comes from first hand dealings with the court and listening to other people.
My old house mate was before a Justice in family court, he told me the whole story, how he had a barrister and was spending like 30k over the whole thing, had multiple lawyers, he ended up just walking in by him self, and gave all the paperwork to the justice, and he ended up somewhat winning.
All the legal dealings he had before, that obviously helped him, know what to say and do. But my point is, that you don't need high power lawyers, you have one behind the bench and I think people forget that.

I have also been through family courts getting guardianship of a child, that was my wifes nephew.....This was 24 years ago, when he was 2 years old.

And yes, it's called guardian ship, not custody.....

I didn't get legal aid....I was working, so I dug into my pocket for all the proceedings...Tried for legal aid and got told I was working, so stiff bikkies.

So don't know where you get your information from...I think out your backside, like most your information

 

[shane_3800]

I have also been through family courts getting guardianship of a child, that was my wifes nephew.....This was 24 years ago, when he was 2 years old.

And yes, it's called guardian ship, not custody.....

I didn't get legal aid....I was working, so I dug into my pocket for all the proceedings...Tried for legal aid and got told I was working, so stiff bikkies.

So don't know where you get your information from...I think out your backside, like most your information

Yes there is an application for legal aid, you have to prove that you need it, I got all the paperwork, looked through it and thought, stuff this I'll just pay my self.
But I did see one time a tradie at court filling in the paperwork, and he seemed to get it, as they have an office outside courtroom 1 at the ACT magistrates court.
That's an advantage of a lawyer, because the clerks and secretaries can shift things when asked, when asked by a lawyer. One of my lawyers had a supreme court case on, so he walked up to one of the court staff, and told her the situation, and I got heard second case

 

[vc commodore]

Yes there is an application for legal aid, you have to prove that you need it, I got all the paperwork, looked through it and thought, stuff this I'll just pay my self.
But I did see one time a tradie at court filling in the paperwork, and he seemed to get it, as they have an office outside courtroom 1 at the ACT magistrates court.
That's an advantage of a lawyer, because the clerks and secretaries can shift things when asked, when asked by a lawyer. One of my lawyers had a supreme court case on, so he walked up to one of the court staff, and told her the situation, and I got heard second case

Yes, I'm aware there is an application..I filled it in and got knocked back.....That's how I know about that side of the process.....

I also know the whole process going through a guardian ship case.....

 

[Reaper]

Yes, but going to court is free you know.

If you are in the criminal system then yes. Sometimes.... Anything else - not really.

Most people just throw around what they hear, without actually doing any critical thinking.
If I got sued by Gina Rhinehart, I would go to the first date, I then say I'm still looking for a lawyer, I then get legal aid, I then drag the process out.
See that only costs me time.

It only gets nervous when you're liable, so you basically are in the wrong and calling a bluff, so if you get pinged in court by a rich person, well you only have your self to blame.
The court works on law, not money, so if you're in the right then there is nothing to worry about.

I suspect you are fairly safe from being sued by Gina Rhinehart because even if she bankrupted you, it still probably wouldn't come close to cover her costs in bringing the action. If you, on the other hand were to sue her, be prepared to be bankrupted even if you have a watertight case.

If you are happy to spend 40k on lawyers, that is fine.
But you don't have to spend that much money, a lot of the time people get over represented in court and just pay money for no reason.

Thankyou for your insight. I guess we should have listened to your learned advice and saved the money.

Most people don't realise, but you can actually go stand in front of the judge your self, you don't need the lawyers for the basic stuff.
I saved a **** load of money this way, I went to court, I plead, I went back and got a date assigned to me, I said I was looking for my lawyer, I had him retained, then he came in one day and did the talking, job done, I saved like 2k not having him there for menial activities in court.

NFI about your circumstances but happy it worked out for you. I assure you, rocking up to court for the vast majority without some sort of representation doesn't go well.

Just because a rich person shows up with KC/SC barristers doesn't mean they need them, they're likely on retainer so they're just there as per contract.

Nope but in some cases they are highly recommended. Never needed one myself but have been in barrister territory and the investment paid dividends handsomely. The bill at the end still stung though.

 

[shane_3800]

If you are in the criminal system then yes. Sometimes.... Anything else - not really.



I suspect you are fairly safe from being sued by Gina Rhinehart because even if she bankrupted you, it still probably wouldn't come close to cover her costs in bringing the action. If you, on the other hand were to sue her, be prepared to be bankrupted even if you have a watertight case.




Thankyou for your insight. I guess we should have listened to your learned advice and saved the money.



NFI about your circumstances but happy it worked out for you. I assure you, rocking up to court for the vast majority without some sort of representation doesn't go well.



Nope but in some cases they are highly recommended. Never needed one myself but have been in barrister territory and the investment paid dividends handsomely. The bill at the end still stung though.

I wasn't trying to say you wasted money, most of the time the legal teams have good reason to charge the money, If they have to do lots of paperwork then yes it can get expensive.

But my point is that you don't have to spend money on court, I wouldn't care if I got sued, because I would just go bankrupt, it's no biggy form me, partly on purpose and partly from dumb decisions.

I also had a barrister one time, and yes he kicked arse, and yes he cost me **** loads.
But at the time, my lawyer explained to me the reasons I should get a barrister, a JC to be precise.
At the end of the day the JC just rattled off all these reasons why I did what I did and the magistrate accepted all these, this is the difference, coming from a JC she takes that into account for sentencing.
The JC also instructed me on how to write the letter to the magistrate, well not instructed but proof read.
I have done one my self though, you just have to word things correctly.

 

[Immortality]

In your case, not doing dumb **** would be the cheaper/better option?

 

[shane_3800]

In your case, not doing dumb **** would be the cheaper/better option?

Oh yea for sure.