PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 1st Jul 2023, 03:26
  #2716 (permalink)  
Thirsty
 
Join Date: May 2008
Location: Depends
Posts: 123
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Get it over and done with - the 'Vibe'

Hi Glen,
I had a quick perusal of the letter from the submission of CASA to Parliament addressed to Susan McDonald (CASA Ref: F20/258) where there has been a discussion of the merits of you case from their aspect. See https://www.aph.gov.au/DocumentStore...d&subId=695929

I compare it to your last few posts and seem to detect a change in tone to one that is a little more conciliatory and willingness to leave the matter behind with subtle offers to monetary reparation. Even in 2020 they mention they had offered $5000 plus up to $2500 for legal expenses. While this may seem an insult for somebody that has lost their livelihood, it opens the way for a well prepared legal case to have the matter finalised to the satisfaction of all parties. Maybe they are hinting, and you haven't got the hint that they may be willing to settle for some monetary value to make it all go away? Maybe it is now a case of how much rather than why should I? Have you looked at it and thought about it from that aspect?

Your case will not be settled by a meeting with a government minister, head of government department, or a gentleman's handshake over a glass of beer. It will be done in a court of law, with wigs at twenty paces. If you have a well prepared case, I suspect it will be settled to your complete satisfaction before it comes up for hearing.

The threat of The National Anti-Corruption Commission (which commences today) may serve to hasten a clarity of recall of those involved should the matter be referred to them for investigation. Yes, they can look at retrospective cases such as yours which seem to fit their bailiwick quite neatly. Note the current rage for all parties involved in the release of information regarding the NSW equivalent anti-corruption investigation of our dear recently departed premier Gladys, and embarrassment for all involved, both in the results and how they have been portrayed in the media. I am certain various legal heads are carefully donning their wigs, honing their spears and counting the shekels (I use that word advisedly) that will be proferred should it come up for legal review. Time will tell.

The article on the ABC (https://www.abc.net.au/news/2023-07-...rway/102543658) would indicate that matters can be referred to them by any person, even anonymously, which one of the esteemed readers of this forum may be prompted to do should you fail to do so. The Commission, of course have extensive powers of investigation, and can demand, bolstered by law, information you have politely pleaded for from various individuals and departments in your lengthy pursuit of justice for your cause. They may uncover evidence that produces solid substantiation to some of your claims, some of which you may not be aware of based on the investigation you have made to date.

Your case should be tried based on facts and substantive evidence, something CASA accuses you of not providing (repeatedly) in their parliamentary submission. The trial of your cause should not be in these forums, which by their nature only are an opportunity for people to express their opinions (mostly of support). While they say where there is smoke there is fire, I suspect having a well represented legal case may have swiftly brought this matter to a most satisfying close to you many years ago had you sought support in the courts of law rather than the court of public opinion.

The following is blunt but somebody may need to be cruel to be kind:

Lawyer up, gather your evidence, have it reviewed and presented in a format that is clearly in your favour from a legal aspect, and go forth and conquer. Stop trying to be an amateur lawyer and a cheapskate - you are definitely not doing your case any good - your area of speciality is flying, not law. Get a team on your side that know what they are doing, experts in law. Like in the movie "The Castle", get rid of Farouk, Dennis Denuto, and get Lawrence Hammill on your case. Your well-intentioned but frustrated attempts (clearly documented in these forums) are evidence this is the case - they have blocked you at every twist and turn, because they have proper advice from their legal teams. Crowd-funding will not pay for your case, but will pay a good lawyer to determine if your case has enough merit to pursue and for how much - listen to that advice. If you win your case or get offered a settlement it can include your legal costs as well. Time to pony up and do it properly, do it once, and get it over and done with. If that doesn't work, at least you can say you gave it your best shot, put it behind you and move on with life instead of it taking over your life completely and affecting those you love as well. Getting token sympathy or legal advice from here at PPRuNe will not bring your case to a faster conclusion.

Last edited by Thirsty; 1st Jul 2023 at 20:58.
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