PPRuNe Forums - View Single Post - CASA - Moral Exemplar Duty - The end of the Friday Afternoon Fax?
Old 8th August 2012 | 21:46
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Sunfish
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Joined: Aug 2004
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From: moon
Creampuff:

Do you think that Federal Court Judges and AAT members aren't aware of the Legal Services Directions and the Model Litigant rule?
Your foolish comment demonstrates either that you don't know how judges are required to apply the law and to try each case on its merits, or you are wilfully misleading readers of Pprune.

The reason the directions and rule is in place is precisely because judges have to rule on matters of fact and law, not whether the litigant has followed the spirit of the law.

To put that another way, a judge is not allowed to say "Yes CASA, you are correct I find that XXX is guilty of breaching the law, but I think you have been such an arsehole in prosecuting him that I'm going to find him not guilty."

To put that yet another way, judges are not allowed to give marks for neatness and technique, the law is the law.

In fact it is precisely why the directions and rule exist - to stop Government litigants from fcuking over the general population.

So don't try and push your perverted argument at me, do you think I was born yesterday? I was priviledged to work in the Victorian public service for a few years at a relatively senior level and I know perfectly well that it is easy to fcuk a member of the public over while remaining safely within the law. It's a public sector art form.

If I had known at the time that CASA has the capacity to behave as it has done in the Butson case, I would have never bothered learning to fly, but would have taken up golf instead.

CASA is slowly killing general aviation.

Last edited by Sunfish; 8th August 2012 at 21:54.
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