29/07/23
My reference Pprune# 2776
Dear Ms Spence,
Thank you again for the opportunity to meet with you and the Board Chair on October 3rd, 2023, and I look forward to that opportunity.
In my correspondence to you on 02/07/23 (my reference Pprune #2719), I outlined some topics that I hope to address at that meeting.
In that correspondence I addressed the possibility of an Act of Grace Payment as an Alternative Dispute Resolution (ADR).
You are aware that this matter has attracted widespread industry interest on two industry forums being Aunty Pru and Pprune, the former being a more technical platform, and the latter an industry discussion forum, that has attracted well over one million views and thousands of substantive industry comments. The topic in its entirety can be accessed here, and I particularly draw your attention to the more recent posts that attend to this specific topic, i.e. pursuing litigation.
Glen Buckley and Australian small business -V- CASA - PPRuNe Forums
Whilst I appreciate that it is easy to be dismissive of such forums, they do represent the industry.
Increasingly on those forums, the industry is becoming frustrated at my reluctance to pursue litigation, and particularly so considering the statute of limitations that could apply to this matter.
Over the last four and a half years, I believe that I have been more than reasonable in trying to avoid litigation. I perceive litigation as the very last resort as it indicates a complete breakdown of all good intent.
The ball is very much in CASAs court.
I have two options before me, and they are litigation, or an Act of Grace Payment. There are no other options available to me, and it is CASA that must determine which approach I adopt.
I do need CASA to clearly identify to me with the information that is available to CASA at the present time, will CASA oppose an application for an Act of Grace Payment?
If the intention of CASA at this stage is that they would oppose an Act of Grace payment as an ADR to bring this entire matter to a close, then I have no other option available to me, other than to pursue litigation.
You will be aware that the industry has established a crowdfunding site to support any potential litigation, and that I have asked that any contributions be put on hold until CASA can clearly identify their position with regards to an Act of Grace Payment.
May I respectfully request that you discuss this with my local MP, Ms Carina Garland, the Minister, the Board and anybody else that you need to incorporate into your decision making.
For clarity, my specific question that I respectfully request that you address is,
With the information available to you in your role as the CEO of CASA at the present time, is CASAs intention to oppose any request for an Act of Grace payment that I submit, leaving me with no other option than to pursue litigation.
Thank you for your consideration of my fair and reasonable request.
Respectfully
Glen Buckley