Hello Mach E Avelli
I understand the sentiments in your post and the financial limitations of our frustrated CPL candidate but I have to counsel caution since even one "heavy" might cause more problems than already exist. Especially if there are witnesses!
An assault occurs by the application of force or by the fear of such force. It won't do anyone's employment prospects much good if they incur a conviction for a criminal offence.
I don't see any issue with the owner of the logbook going and collecting it from the flying school provided, as someone said in a previous post, he does so peacefully and without forcing entry to where it is stored.
If the flying school's staff physically resist him in such a scenario, a charge of assault may lie against them instead. If they tell him to leave before he has regained his property, however, he must do so or risk a complaint of trespass.
The logbook owner might also have a discussion with the government department administering consumer affairs in his State or Territory because the Australian Consumer Law prohibits unconscionable conduct in trade and commerce, specifically in consumer and business transactions. It also prohibits unfair terms in contracts.
Very substantial civil pecuniary penalties apply to the unconscionable conduct provisions as well as remedies such as injunctions.
Kaz
Last edited by kaz3g; 15th Mar 2014 at 23:26.