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gordonc

Well-Known Member
10 September 2016
42
9
149
Thank you SB. I can see that there would be the defence of "immunity" against a section 18(1) ACL proceeding. I will have to take my chances if I actually decide to go ahead, and I thank you for the warning.

I am also creating a substantial ability to not only put to a Court of suitable jurisdiction, but to put it to the Court of Public Opinion which may draw a different conclusion to that of a Law Court.

As to the Legal Services Commission, YUK, I have found that outfit to be absolutely useless and only provide whitewash solutions. On top of that, there is the insulting attitude of the Commissioner, which just compounds the distress initially cause by the lawyer complained about. I guess that is why they have 6 x 1 star reviews on Google, which will be joined with my own blistering review in due course.
 

gordonc

Well-Known Member
10 September 2016
42
9
149
But I take your point, and if the matter is going to happen, I will lodge the pleading with the LSC prior to filing in the Court, just to make sure they are going to provide their usual rude service.
 

gordonc

Well-Known Member
10 September 2016
42
9
149
Thank you SB, I have used your very helpful comment on "the only facts which a lawyer can put to the court" that you provided above, at 19 of my page at: QUEENSLAND LAW REPORT - LITIGANTS IN PERSON, or if an URL is against the rules on this forum: QueenslandLaw dot report

In my page I have tried to put a precis on what I see as failings in the QLD judicial system as regards to a Litigant in Person, and the associated link to the ACL. However, in all honesty, I hope I am wrong.
 
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gordonc

Well-Known Member
10 September 2016
42
9
149
I have published a further website at Aejis Legal Report regarding the lawyer for the defendants using fabricated evidence created by the second defendant so as to falsely create a disputed issue in order to defeat a summary judgement application.

I have the documented evidence which can be added to the false, misleading or deceitful representations regarding the ACL in this matter.

The specific details of fabricated evidence is at: FABRICATED EVIDENCE

I might also send it to the Legal Services Commission.
 

gordonc

Well-Known Member
10 September 2016
42
9
149
The Legal Services Commission has a new Commissioner.... things may be looking up.

So I made the following complaint to the LSC and sent a copy to the solicitors that are using the fabricated evidence.

I suggested that they should be following the recent Federal Court example of: Wavetrain Systems AS v Next Generation Rail Technologies SL [2019] FCA 350 on how a solicitor should deal with fabricated evidence.

That caused a stir by 5 computers from the same IP viewing my website pages at the same time, they even visited this LawAnswers page, because I have a link to it.

I was expecting a nasty cease & desist demand, but that hasn't happened as yet.
 

gordonc

Well-Known Member
10 September 2016
42
9
149
The only facts which a lawyer can put to the court are either uncontroversial/publicly known, agreed/unchallenged, or the ones which they submit the court should accept (i.e those in dispute). The other party’s task is to put the alternate version of the facts to the court, and the court makes the findings of fact that it accepts. If there is a dispute about any fact, regardless of the above types, then it is for the aggrieved party to put their version to the court.
For an issue to be in "dispute", surely the issue must be confined to issues in the pleadings, otherwise a lawyer could rave on about anything if the judge allows it, correct?
 

Tim W

Lawyer
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Lawyers don't "rave".
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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As for the issue needing to be in the pleadings, absolutely. Apart from the other side hitting the objection button immediately, any astute judge is likely to start questioning how the issue is relevant.
 

gordonc

Well-Known Member
10 September 2016
42
9
149
Sorry Tim, I should have said "BS".

Thank you Rob, you confirmed what I thought, that it is a fundamental principal that pleadings define the issues.

Trouble is, I have been unable to find an authority on it, can you assist with that? so I can ram it home to an idiot judge who doesn't bother to look at the pleadings.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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485
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Gold Coast, Queensland
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There’s more of an art to it than a black and white approach. The key word is ’relevance’. And relevance may not appear at first to someone who isn’t trained to see it in the particular context. Each branch/discipline of law has both a common set of relevant issues that are shared (think rules of evidence for example) and may also have their own idiosyncrasies.

Really, to know you‘d need someone familiar with the area of law to look at the precise issues of the matter in question.