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NSW Police Threats - Take to Civil Court?

Discussion in 'Criminal Law Forum' started by Terry Stacker, 30 June 2015.

  1. Terry Stacker

    Terry Stacker Member

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    I wish to take civil action, sue NSW Police for psychological damage from incident January 2012:
    Unlawfully taken to attend a health facility under threat of force.
    .

    .

    I have full confidence in proof on the balance of probabilities with supporting evidence and no wish to be more specific for privacy reasons.

    Understanding the risks associated with losing and the importance of seeking legal advice on such aspect.

    My questions are very specific:

    1/ Can civil action still be taken after this time frame?
    2/ Do you need to raise the complaint with another body before civil court will hear it?
    3/ If so how do you go about this, what is the most direct route to a civil claim?
    4/ How can you avoid the mater being address by the local Police station who are involved?
    5/ Have you a right to request the mater is not addresses by the local Police station?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Terry,

    Question 1: The current time limit for bringing an action for personal injuries is 3 years from the date the cause of action arose, this can be the date of the incident or the date the psychological injury arose. So yes depending on when it all occurred in 2012, you may still have time to bring the action within the 3 years. In some cases the court will extend this time period if you have a good reason.

    Questions 2 & 3: As far as I know you do not need to take up the matter with another body. You just institute proceedings against the police, which will be usually be either the State of NSW or Commissioner of Police NSW.

    Questions 4,5: If a civil claim is filed then you have to personally serve it on the state of NSW or Police Commissioner - not your local police station. Therefore it will be crown law that will be responsible for responding to and defending the claim. They will likely however involve members of the local police station in order to obtain statements from them, have them appear as witnesses in any hearing of the matter and obtain files and documents from them as evidence.
     
    Terry Stacker likes this.
  3. Terry Stacker

    Terry Stacker Member

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    Thank you for your help Sophea

    Is there a process for the applicant to request any existent police documentation pertaining to the mater?

    Are there reasons for choosing to institute proceedings against one or the other in this type of mater?

    For reasons that are personal to me I am in position where "legal aid" or Lawyer are not readily available for any practice purpose!


    Please correct me with the right links/information.

    Assuming we start here: http://www.localcourt.justice.nsw.gov.au/ ?

    There I have found Forms to make applications to the court: Forms

    I wish to run through and understand the correct procedure regardless of my ultimate representation.
    Could someone talk me through the required process?

    Thanks,
    Terry
     
  4. Terry Stacker

    Terry Stacker Member

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    Re: "Institute proceedings against NSW Commissioner of Police"
    Damages from police threat and unlawfully taken against will as a result.

    Can anybody provide:
    The name of and Link to Form for Court Civil Claim.
     

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