I was wondering how to proceed tort under S263 of Health Ombudsmand Act 2013 (QLD). The defendant will be QLD Health. I have obtained evidence through RTI. I'm not interested in "Letter of Demand" because it's not going to work. I am not going to muck around because of the time limit. I want to take them to the court and also want to expose their bad behaviour in the media.
How to proceed tort under S263 of Health Ombudsmand Act 2013 (QLD)
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A Letter of Demand is almost always how somebody starts a civil proceeding.
Why do you think that you have an alternative?
Making a threat to go to the media is a very effective way
to inspire a government department to defend any action you bring, to very death.
because the issue is not as simple as Person A borrowed money (say, $10K) from Person B and refused to pay the money back, so he wants to take Person B to the court. It is preditable as to the outcome of the Letter of Demand. After filing court documents, there will be a mediation process. This is when we can negotiate.
Ten years ago I took a different government department to the court without a lawyer, and settled the case during the mediation. This time I need a good lawyer and barrister because it is more complex.
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Settling during mediation is the go-to position
for most government departments, about most things.
Section 263 is about damages to remedy a tort of reprisal.
All you need to do is show - with evidence, not just feelings - that
some form of reprisal, as opposed to a mere or obvious consequence, happened.
You begin it with a Statement of Claim, like any civil proceeding.
for most government departments, about most things.
Section 263 is about damages to remedy a tort of reprisal.
All you need to do is show - with evidence, not just feelings - that
some form of reprisal, as opposed to a mere or obvious consequence, happened.
You begin it with a Statement of Claim, like any civil proceeding.
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Yes, I've gathered evidence through RTI. I don't take actions based on feelings or emotions, I don't take court actions unless there is solid evidence and unless I am confident to win. My previous experience with government departments is that they never admit wrong-doings until they are taken to the court. A Letter of Demand won't do a thing other than lawyers get paid. Unlike pre-court mediation, it is not compulsary. I understand it's optional.
I know someone who sought second opinion from another lawyer who used a prominent barrister and settled the case during the mediation process at the court with the compentation which was 10 times higher than the first lawyer (who recommended he accept whatever the defendant offered - avoid going to the court).
My first, and the most important step, is to find an experienced lawyer/barrister in this area.
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(Sorry, I had to edit the text and repost it because the system wouldn't let me after 30mins)
Yes, I've gathered evidence through RTI. I don't take actions based on feelings or emotions, I don't take court actions unless there is solid evidence and unless I am confident to win. My previous experience with government departments is that they never admit wrong-doings until they are taken to the court. A Letter of Demand won't do a thing other than lawyers get paid. Unlike pre-court mediation, it is not compulsary. I understand it's optional.
I know someone who sought second opinion from another lawyer who used a prominent barrister and settled the case during the mediation process at the court with the compentation which was 10 times higher than the first lawyer (who recommended he accept whatever the defendant offered - avoid going to the court).
I know my first, and the most important step, is to find an experienced lawyer/barrister in this area. But I don't know how to find them. I need a list of the names, do some research, and decide who I should hire.
Yes, I've gathered evidence through RTI. I don't take actions based on feelings or emotions, I don't take court actions unless there is solid evidence and unless I am confident to win. My previous experience with government departments is that they never admit wrong-doings until they are taken to the court. A Letter of Demand won't do a thing other than lawyers get paid. Unlike pre-court mediation, it is not compulsary. I understand it's optional.
I know someone who sought second opinion from another lawyer who used a prominent barrister and settled the case during the mediation process at the court with the compentation which was 10 times higher than the first lawyer (who recommended he accept whatever the defendant offered - avoid going to the court).
I know my first, and the most important step, is to find an experienced lawyer/barrister in this area. But I don't know how to find them. I need a list of the names, do some research, and decide who I should hire.
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