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The Forum > Article Comments > Lies, deception and paternity fraud > Comments

Lies, deception and paternity fraud : Comments

By Akiva Quinn, published 16/11/2006

Women’s rights good, men’s rights bad - sounds like doublethink to me.

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Dear Carnifex,

"you can also grow more cynical and mistrusting too"

Of course you can, but not if you reflect and find that you have done similar things, not been trustworthy yourself.

Graciously accepting the lessons we get through life is not passive-resistance: quite the opposite of resistance - it is liberation. Yes, it is better to get there "yourself consciously with a good heart" - but how many do? most people, to some degree or another, wait for calamities and prefer to learn the hard way.

"Or the deceivers could control themselves, not deceive and stop the vicious cycle there."

"vicious cycle" is the nature of the world. Just as one cannot stop the earth from going around itself and around the sun, one cannot fundamentally change human behaviour and motives. The most one can do is take care of their own moral and spiritual well-being and become "in this world but not of this world".

"they'll have no more kids, don't help charities"

Nowadays, having no more kids is in fact doing a favour to this overpopulated and over-heated world where humans are already far out of balance.
Also, there are many ways to be charitable other than openly donating to the formal and socially-recognized (tax-deductable) charities.

"Remember also that this case involves young children who have no say in the matter. At least leave them out of it"

While children are young in body, they are not young in spirit. They themsleves have not chosen to stay out of it, but rather to be born into this particular situation (in order to make amends for their previous actions and use life to learn their next lessons).
Posted by Yuyutsu, Sunday, 19 November 2006 10:05:08 AM
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not read judgment in full but gist was

1/ litigation is blunt object in this "all fair in love and war" stuff but if you want fraud relief under common law then as Kirby said in granting leave, it must be "financially specific"

2/ one can not get up on common law [tort] IF it is in legislation

In FLAct we have

79A Setting aside of orders altering property interests
(1) Where, on application by a person affected by an order made by a
court under section 79 in proceedings with respect to the property
of the parties to a marriage or either of them, the court is satisfied
that:
(a) there has been a miscarriage of justice by reason of *fraud*,
duress, suppression of evidence (including failure to disclose
relevant information), the giving of false evidence or *any
other circumstance*;

So when advising Shazza on this case, after discovering there WAS no "overpay" of CSA [but see below] I advised her on s 79A [going for 200 grand from memory]. She abused me for TELLING her there was no overpay

Her lawyers rejected s 79A based on NIHS and went ahead with "boo hoo case to nowhere"

Shazza came back to me and asked was there anything else under CSAAct and I spent considerable time again [FREE] researching and found a loophole where it says Liam can reclaim the CSA for the kid that IS his [about 50 grand from memory]

Shazza again put this to her lawyers [after saying she would NOT use lawyers if only I would help her find the argument] and once again NIHS said Shazza continued boo hoo

Seems HCA have agreed with me that BECAUSE her relief is in those 2 Acts her boo hoo tort can not get up

If the pass the hat did not pay for the blood sucking lawyers Shazza, then more the fool you - like don't shoot the messenger - YOU are the one who went the boo hoo path
Posted by Divorce Doctor, Sunday, 19 November 2006 1:11:48 PM
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Brian,(DD) You always excell at being rude. You also have lapses of memory from time to time. You were paid $200 by Liam & myself for your advice and your calculations. Please dont keep saying you did it for free. We sent you a cheque initially and you asked for the payment to be re-issued via money order. Maybe you have so many clients that you have have lost track of your records. As far as the advice you gave us, we thanked you and - right or wrong- we decided to not pursue that advice for a number of reasons. We never insulted you and we were never rude to you. We still refuse to get caught up in a slanging match with you. Gosh! go take a cold shower and cool down.
Cheryl King Melbourne
Posted by chezzie, Sunday, 19 November 2006 6:00:42 PM
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The judicial system is very broken. It must be fixed.
There are four people who can do the job:
Everybody, Somebody, Anybody, and Nobody.
Everybody thinks Somebody will surely do it.
It is a job Anybody can do. But Nobody is doing it.
At least I'm trying. What are you doing?
It is dangerous to be right when the government is wrong.
—VOLTAIRE
All truth passes through three stages.
First, it is ridiculed.
Second, it is violently opposed.
Third, it is accepted as being self-evident.
— ARTHUR SCHOPENHAUER (1788-1860)
Lawyers ! Respectable? Ned Kelly would shine over these people .They're thieves with a licence.
-Kangaroo Court (2005)
Posted by dad4justice, Sunday, 19 November 2006 6:13:51 PM
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And where will it end? Will we once again see people being sued for 'breach of promise' over a broken engagement, with the woman claiming that she only had sex with the man because he promised to marry her, and that she is feeling hurt and pain because he changed his mind?

Would Mr Magill's hurt really been eased by $70,000 dollars, or the case really an attempt to cause Ms Magill financial pain in revenge for the the pain that she had caused him? Compensation or vengence?

Yes, he was wronged, he should not have been chased by the CAA without proof of paternity. He should not have been cockolded either.

But he should now move on: why should he destroy the rest of his life, with a loving partner, by focusing on the events of the past.

He has already lost contact with the child that is his, and the two that he thought were his, whom he loved: his actions have almost certainly poisoned any possible contact in future. He will probably lose his house, he has very little chance of regaining paid employment due to his focus on a legal remedy, that would never have eased his pain.

This is so sad. But the law cannot help, and never would have, even if he had 'won'.
Posted by Hamlet, Sunday, 19 November 2006 7:20:55 PM
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Your words are very correct Hamlet [whether you be or not be]

However please be aware Liam HIMSELF has had NOTHING to do with any of this - he has simply been TOLD how to feel and WHAT to do

Let's be clear that this is a battle between two WOMEN
Posted by Divorce Doctor, Monday, 20 November 2006 12:35:29 AM
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