Thursday, February 21, 2019

I read the news today, oh boy . . .


Lawyers, Laws and Litigants . . . 

Feb 19, 2019 

Man punches his lawyer in the face after being sentenced to 45 years in prison 

41 year old David Chislton made no secret of his feelings towards his own defence coiunsel, 42 year old Aaron Brockler, when Chilslton received a 45 year sentence on Cleveland, Ohio for nearly two dozen charges, including multiple counts of aggravated arson and felonious assault. Standing in front of the judge with Brockler next to him, Chislton punched Brockler in the face with both his handcuffed fists. Wheeled out on a stretcher, Brockler joked with a reporter that ”It was pretty fun.” Strange comment to make but then consider the comment of silver tongued lawyer Michael Goldberg, who was in the courtroom waiting for a trial in an unrelated case to begin and who saw the attack: “It was pretty heinously violent.” This man is wasted in the legal profession, he should be writing plays, novels. 



Feb 20, 2019 

'They want to kick me out': Aboriginal man faces deportation to New Zealand 

Back in 2014 the Australian Government, wooed by that old tart Laura Norder, changed immigration laws to deal with foreign-born persons who commit crimes. Anyone convicted of an offence punishable by at least two years in prison can have their visa cancelled, regardless of whether they were jailed for less time, or not jailed at all. More than 4150 people who have served a jail term of 12-months or more have since been stripped of Australian visas. 

Which is all well and good unless you happen to be Aboriginal man Tim Galvin, who has just completed a prison sentence for burglary. Mr Galvin only learned that he was a New Zealand citizen when his Australian visa was cancelled in 2016, he having been born in New Zealand when his parents were there. He is now held in a detention centre, separated from his wife and kids, having served his prison sentence, whilst the authorities decide whether to deport him. 

According to Galvin: 

“They want to kick me out of my own country. My mum is Aboriginal – she’s from South Australia. All my kids are Aboriginal, my missus is Aboriginal, and they’re trying to send me to a foreign country.” 

It’s not the first time that indigenous people have run foul of the above laws and it’s not the first case of hardship. The source link below has stories of other attempts to deport indigenous persons and hardship examples eg: 

“I'm devastated by this, I'm a proud Australian”: Man locked in detention fears deportation after 44 years living in Australia. 
PNG-born man Edward Nolan has been detained and threatened with deportation pertaining to the 501 Section of the Citizenship Act. 

‘‘They just came and got me’: Man fighting deportation after three decades living in Australia 
Cairns father of two taken from his home to WA detention centre fears he too will be deported. 

‘Where will I go?’: Man fears deportation after 48 years in Australia 
He once held Australian citizenship but has been held in an immigration detention centre for nearly a year. 


February 20, 2019 

Townsville couple wins lawsuit against Retail Food Group over $400,000 Michel’s Patisserie disaster 

A Brisbane court has ruled that franchise giant Retail Food Group misled a Townsend couple who spent more than $200,000 on a failed Michel’s Patisserie store. The court found that RFG made misleading representations about the quality, range and frequency of delivery of products from Brisbane to Townsville. It also found RFG engaged in misleading and deceptive conduct by not informing the couple before signing the contract of financial troubles at Brisbane-based bakery supplier Dyson, which went into liquidation shortly before they opened their store in May 2012. 

That meant rather than the 1400km journey from Brisbane, the frozen cakes had to be shipped all the way from Sydney by truck — a journey of more than 2000km — often arriving in poor condition. The court heard how within weeks of the Townsville store opening, Mrs Guirguis noticed the cakes were arriving damaged, defrosted and spoiled. Special order birthday cakes frequently arrived late or not at all. 

How about this: 
The court heard there was “no consistent process” for the delivery of products between Sydney and Townsville and sometimes they were “unloaded and reloaded along the way and there was often more than one transport company involved”.

In one case an entire order had to be thrown out after arriving in a fridge, not a freezer truck. 
The couple were awarded $405,000 damages. 


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