PALE,

Please explain the basis of your knowledge of such matters. I am very interested to know because I was unaware of any God Given bill of rights.

Lawyers, like most professionals are bound by codes of conduct which they must follow regardless of what their client's want. Lawyers often deal with clients who feel everything bad they have to say about their opponent is relevant, and then want their lawyer to present these emotive facts to the court. Lawyers are professionally obliged not to bring up prejudicial matters that are not relevant regardless of what their client's instruct them to do. Just as they are professionally bound not to lie to the court even if instructed to do so by their client (another thing that happens more often than you might think). Lawyers ARE obliged to follow instructions, but not when they conflict with their obligations to the court or their statutorily mandated code of conduct.

Similarly, you can't go into a doctor's surgery and expect him to give you whichever medication you say you want, just because you say you want it. It may be your "God given right" to ask, but the doctor has a professional duty to treat you, not obey you.

Kalin
My court experience is extensive. Whats yours? However after just spending the last three days in court this week and two days last week arguing something similar- yet differennt I am no mood to talk courts as much as I would ike to help Jolanda.

Perhaps you would be kind enough to assist Jolanda.
They had a "duty to inform Jolanda" if your correct they could that they could not ask for costs their was an act to establish that fact.
What act is that please uder which D??

She said she wrote several times BEFORE the case outlining she would be asking costs.

Jolanda today the lady I was with lost out on costs because her lawyer FORGOT to include them in the orders.- A hundred grand- Shes stuffed.
This means she will get nothing. Sure she can sue for negligence but hows she going to fund it?
She been two and a half years just trying to get the orders enforced that her x has been in contempt of for all this time.

So at the end of the day because she cant get him out she cant sell or put it up for auction. Now the bank are moving in because she cant reply the loan.

I dont know enough about your matter but Kalin might advise you to make an offer in writing to pay it off a fifty dollars a month;

If you can provide proof you have offered something it might hold them off from taking your home.
Another time I may be more helpful but the others seem informed and helpful as well.
Anyway its been a B of a weeks speaking of courts.
The only thing that keeps me going is hes about to be charged with child abuse so will spend many years in goal.
There iS justice but you wil have to fight for ir and as i said[ maybe bow and offer to make payments.

People against live exports. It's sad that you have had to deal with a similar case involving costs. Child abuse matters must be heartbreaking to have to deal with.

I have already borrowed the money from the bank and the bill has been paid so I will be paying it off for a very long time.

I never thought that we would incur such costs because we were forced to take the matter back to the ADT as the Department didn't honour agreements and destroyed documents. The Magistrate had even said she would note it on file in case the DET didn’t comply. I thought that we would have rights. Given my experiences I don’t know why I would have thought that? I guess I am still naïve!

The problem is that now we need money to sue the Department. Again suing is the only thing we can do. We can’t force them to investigate the allegations and complaints despite the fact that the documents that we were awarded clearly shows that certain people in the department have changed, then miscalculated the scores, and presented incorrect scores and information to the selection panels in order to deny my children the education that they were identified as needing and in order to defame and discredit us. They have closed the complaint internally without complying with their own Policies and they have breached their Code of Conduct.

It just seems that there is no way to achieve justice in this country unless you have money. The thing is that all my husband and I wanted was for the allegations to be acknowledged so that the neglect, victimization, bullying and manipulation would stop as they continued to target my children, even the younger ones so that we would present distressed and with a story to tell that people found hard to believe. We just wanted for our children to be safe and protected.

Our system doesn’t care about the children.

Oh and I am not surprised that I was right about the Halal thing! It is pretty obvious where that was heading

Jolanda
I am no expert but I am also not doing you full justice right now being so caught up in this other case along with the fact the Australian Muslim Leaders have breached our Agreement. "No I know your not surprised."!
I wish you were in QLD because I remember your matter.

If its ok with you I am going to print out your top post and put it on the table next tuesday to a board of lawyers at a meeting about another matter.
There is one barrister in particular who I might be able to get to call you if thats ok with you.
Just to give you their thoughts.
In the mean time can you prove abuse?
That would come under criminal and you could sue for damages?

I still say the fact you put in writing you wanted to ask for costs BEFORE the case they should have - and had a clear duty of care to you to let you know you could not ask for costs.

I am not convinced you dont have a case for negligence and I am waiting on Kalin posting the act.

In about three weeks time I am taking a few days off and will look more at yours if you like.

I may even be down you way as i support this other person who has been trying to get simple orders enforced to get the x out of her house for years.
I reckon as its her house too we ought to just go there, walk in and say. Coffee , one white with two sugars and one black please Hermann.
It wont take but two seconds for him to threaten to kill us so then she will have a witness and call the police who will charge him and put a AVA on him.
The moral of the story Jolanda as I am SURE you know is the courts are an arse so sometimes you have to do it yourself.
By the way you wouldnt have a cricket bat we could borrow - would you?

People Against Live Exports. Our Barrister did tell us that costs were only awarded in special circumstances and that costs were limited. But I told him repeatedly that this matter was a matter where there were ‘special circumstances’ and that I wanted him to ask for costs.

I also told them repeatedly to tell the Judiciary member that the matter was before the ADT again because the DET had not honoured their agreements and had destroyed documents and that the matter was serious as it involved the targeting, neglect and victimization of children and that we needed the documents so as to force the Department to investigate the allegations in order to protect innocent children and he did not tell him.

It became obvious that the Barrister was not on our side. He even screamed at me when I insisted he ask certain questions. He didn’t ask them. At the end I was upset because he didn’t ask crucial questions and put in crucial information. Judgment was reserved. The Barrister said he said he would try to get the matter listed so that he could get leave to file some written submissions and see if he could put the questions in writing. I had to get the transcript – more fees, more costs. The matter was listed but the ADT said it was too late and he should have done it at the hearing. At this particular hearing the Judiciary member even brought to the attention of Counsel the fact that nobody had asked for costs and my Barrister just looked at the Crown Solicitor and said nothing.

Sorry to hear that you are involved in such an upsetting and difficult case. It seems unreal that a person cannot seem to get protection or rights.

Maybe the baseball bat is a good idea. Maybe people need to do something criminal and physical to get rights, assistance and protection. It seems to be the way.

I do appreciate your direction/assistance in this case and am quite happy for you to ask questions if you have the time etc.

Continued.

PALE, its probably not under an act. I'm in the accounting profession, and we have a Code of Conduct as well. It has the force of law on members, but isnt actually a statute. Perhaps it can be accessed on the Law Society website or the like.

Jolanda, I've had more of a think about the difference between misconduct and negligence. Negligence is more of an oversight-type of thing. "I should have, but I forgot to". Wrong-doing or misconduct is deliberate. If the Code of Professional Conduct says that they must explain to you the reasons for not acting on your instructions, and they refuse to, despite your requests for explanations, then I think that falls more towards wrong-doing than negligence. Perhaps if costs would have bene likely to be awarded, then not asking is negligence, but refusing to explain the reasons to you is wrong-doing. Does that help shed a bit more light on the difference?