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Glen Buckley and Australian small business -V- CASA

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Glen Buckley and Australian small business -V- CASA

Old 10th Nov 2019, 12:10
  #821 (permalink)  
 
Join Date: Aug 2004
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Your talking about someone else fighting. You have no right to encourage them when you aren’t going to pay the price of failure.
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Old 10th Nov 2019, 19:17
  #822 (permalink)  
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Is it worth it

Im heading off for a coffee (their shout) with some friends, and when I get an hour or so today (more likely tonight) I will attend very comprehensively as to why I simply cannot give up.

But let me state very clearly that only two things will stop me,

One. A stress induced heart attack OR
Two. My wife asking me to stop for her own welfare, or that of the children.

Full stop!

Or, this not getting the industry support that it should.

The "crushing" that CASA will bring to bear on me, has already been done.
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Old 10th Nov 2019, 20:16
  #823 (permalink)  
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Reason One i will not give up.

First, and foremost my lovely wife of 25 years.

She works in aged care, she does it with the most amazing respect, humility, consideration, and ethics. It truly blows me away. Of late, she has worked 7 days a week. She does in home care, and is highly in demand by her clients. She has as much work as she wants, and I suggest she is averaging a 50 to 60 hour week at the moment. Unfortunately, it is poorly paid, and requires a significant amount of driving.

On occasions, she has been presented with the opportunity to bypass the agency, and deal direct with the clients. We are under significant financial pressure, we discussed it. Her response “No, it would feel like, I am having an affair.”

I am truly a blessed man, but I am not as healthy as my wife, and in all likelihood she will live for many more years than me. I know what substandard aged care looks like. My wife is not going to spend her final years, relying on the Government to look after her. I will ensure that until her very last breath on this planet, she will be warm, she wont smell like piss, and someone will stroke her every waking moment that she breathes, if that is what is required. If I cannot be by her side, I will have funds to ensure it happens.

The actions of some personnel within CASA were so inappropriate, and took that away from her,that they need to fully understand my determination to have their conduct independently assessed. If Mr Carmody will not do it, I will shortly call on the Board. Eventually, it will be assessed.
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Old 10th Nov 2019, 20:42
  #824 (permalink)  
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Reason two, i will not give up- affected members

Reason Two I will not give up- Affected members.



Simjet- business ceased proposed operations.

Whitestar – operating business closed

MFT-oprerating business closed after 15 years.

Newcastle aero club- proposed member, ceased operations.

ARC- downgraded to Part 141, loss of Part 142, RTO capability, International Student training approval.

LTF- Placed under pressure as it accelerates its own Part 141/142 approval because of doubts about APTAs CASA approval.

Ballarat Aero Club- now struggling to continue due to a lack of qualified Key Personnel

Latrobe Valley Aero Club- struggling to continue due to a lack of qualified Key Personnel.

AVIA- plans for significant growth curtailed.

And that’s without the many hundreds of millions of dollars of pilot training contracts that have now been lost to overseas.

And that’s without the many people whose livelihoods have been affected.
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Old 10th Nov 2019, 20:47
  #825 (permalink)  
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Reason Three- I wont give up

As CASA always says; "Just do what you will say you do in your manuals and procedures"

I respect that, but also expect CASA to do the same, and that extends to

Their own Regulatory Philiosphy
The Ministers own Statement of Expectations
CASAS own Enforcement Manual
Acting in accordance with the PMs own stated expectations of the public service.
Administrative law
Proceduyral Fairness etc
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Old 10th Nov 2019, 23:27
  #826 (permalink)  
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Reason Four I wont give up- because i owe people money

I wont be the first school to go bankrupt in this industry, I know it because ive been flying since the early 80s.

I may be the first to fully step up to the plate, say here I am. I want to pay each and every one of you 100%, and I am not going anywhere until those people know I did absolutely everything in my power to pay them 100%. CASA have left me no capacity to pay, and that I what I am working towards.

As I put in writing to CASA on many occasions, their action would cost my business at least $10,000 a week to operate. After 1 year that figure totalled approximately $500,000, as I repeatedly told CASA. With the restrictions on my trade, I could not solve the problem. I battled on expecting an outcome, and an ability to return to trade. CASA never resolved this, and I am left holding the debt.

That includes, aircraft owners, Andy Mac, Gerard Lappin, Malcom Yates, Jeff Kissubi, Express, Tony Kidd, my parents, etc etc etc.

Before I get 1 cent of anything, or even think about clawing back my life, these debts will be resolved!!!!!

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Old 11th Nov 2019, 01:34
  #827 (permalink)  
 
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Originally Posted by glenb View Post
I wont be the first school to go bankrupt in this industry, I know it because ive been flying since the early 80s.

I may be the first to fully step up to the plate, say here I am. I want to pay each and every one of you 100%, and I am not going anywhere until those people know I did absolutely everything in my power to pay them 100%. CASA have left me no capacity to pay, and that I what I am working towards.

As I put in writing to CASA on many occasions, their action would cost my business at least $10,000 a week to operate. After 1 year that figure totalled approximately $500,000, as I repeatedly told CASA. With the restrictions on my trade, I could not solve the problem. I battled on expecting an outcome, and an ability to return to trade. CASA never resolved this, and I am left holding the debt.

That includes, aircraft owners, Andy Mac, Gerard Lappin, Malcom Yates, Jeff Kissubi, Express, Tony Kidd, my parents, etc etc etc.

Before I get 1 cent of anything, or even think about clawing back my life, these debts will be resolved!!!!!
You sound like the owner of Vans shoes. He had the option to file CH11 and pay back pennies on the dollar but instead opted to pay back 100% of monies owed eventually. True testament to character whether you can pull it off or not Glen.
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Old 16th Nov 2019, 03:49
  #828 (permalink)  
 
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Originally Posted by Sunfish View Post
Wawa zone, you might invest your money, but no investor I know (starting with the entire venture capital crowd and high net worth squad) is going to touch an investment where some person from CASA can decide to do a Glen Buckley on you.



Investing because you “have political contacts” or “know someone in CASA’ or “know how to keep in good with CASA’ or “know how to get CASA to fix things” has a name; it’s called official corruption and it’s a felony.

If you have any examples, we’d like to know.
You lot have been busy.
Sunfish, the venture capital and high net worth crowd are going to look at a coinciding business and political opportunity and then pay a visit to the Minister for political approval, which translates to the politician's ethos of maximisation of political benefit and minimisation of political risk. CASA will then be briefed from the political end, as opposed to first getting an application for an AOC from someone. No serious investor I know is going to touch an investment without this protection.
Also no serious investor is going to touch a piston GA operation per se unless they are a proprietor of same, with industry experience. Walk around any GA airfield and see a dozen of them beavering away. I have already alluded above to the care and feeding of the CASA Man by operators at this level. Do you think Joyce at QF bends over and jumps through hoops ?

Re your four phrases bound by inverted commas; none are a criminal offence unless they lead to criminal conduct after the golf afternoon is over. I have just described the necessity for political contacts if you intend hauling lots of passengers.

Speaking of golf days, lets go back in time. Lets imagine that Bloggs, an established out-of-area RPT Metro operator wants to displace three established PA31 RPT AOC holders within a potential new market. He reasons that the local Member(s) would like to take credit for a new flash shiny airline and that CASA would like to reduce the number of AOC's it has to administer; ie., benefits for all. After he establishes that the three existing battlers have little contact or pull with the local MP, a few feelers go out. Within a year the march of history has rolled on, the Banks have recovered the fully secured loans for the ratty PA31's, a couple of the ex-RPT route holders have gone bust, and everyone is cruising around in Metros.
Good idea ? Not for some, but is there not a nett benefit for everyone else ?





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Old 16th Nov 2019, 23:04
  #829 (permalink)  
 
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Originally Posted by The Wawa Zone View Post
Lets imagine that Bloggs, an established out-of-area RPT Metro operator wants to displace three established PA31 RPT AOC holders within a potential new market.
Being the NT Administrator came with no political protections, how high up do we need to go?

How did Bloggs get established enough to run a fleet of Metro's?
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Old 17th Nov 2019, 03:07
  #830 (permalink)  
 
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Bend, how high ? Well, as high as the political equation goes. I bet (in the current era) Scotty Morrison would refrain from dealing with anything below Mining and Technology. In the era of my example ... Bloggs and his Metros (and the financiers) are purely hypothetical, old boy !

This does allow some interesting wargaming, however.
Scenario - it is not an aggressive operator who initiates the Metro hypothetical, but the CASA Man himself who acquires some elementary golfing skills and sends out the feelers, motivated by a need to simplify his control of the industry and get rid of flying wrecks and their numerous operators. I have mentioned 'benefits' in my post above; are these benefits in any way devalued by the fact that regulatory rather than commercial maneuverings would eventually lead to a more generally beneficial end-state ?
Lead Balloon will possibly be asking if such action is ultra vires - 'beyond the power' wrt the CASA Man as an individual person and/or as a statutory entity.
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Old 17th Nov 2019, 03:30
  #831 (permalink)  
 
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Originally Posted by The Wawa Zone View Post
Bend, how high ? Well, as high as the political equation goes. I bet (in the current era) Scotty Morrison would refrain from dealing with anything below Mining and Technology. In the era of my example ... Bloggs and his Metros (and the financiers) are purely hypothetical, old boy !

This does allow some interesting wargaming, however.
Scenario - it is not an aggressive operator who initiates the Metro hypothetical, but the CASA Man himself who acquires some elementary golfing skills and sends out the feelers, motivated by a need to simplify his control of the industry and get rid of flying wrecks and their numerous operators. I have mentioned 'benefits' in my post above; are these benefits in any way devalued by the fact that regulatory rather than commercial maneuverings would eventually lead to a more generally beneficial end-state ?
Lead Balloon will possibly be asking if such action is ultra vires - 'beyond the power' wrt the CASA Man as an individual person and/or as a statutory entity.
But my comment was not hypothetical and the Metros and others were grounded by the 16.21 email.
When the media got hold of it over the weekend, CAsA reply was that the operator read the letter wrong! and that company was not grounded (only a sister company was) and that they had given the company till Monday to reply!! (a little odd letter COB Friday and required to reply Monday).

I had a chance to read the Friday letter, but did not - it would be very hard (impossible) to interpret that all aircraft were not grounded, I was told.

CAsA following the wishes of our elected governments would be a good thing, even just one of our governments. But CAsA has long been off the chain.
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Old 17th Nov 2019, 03:32
  #832 (permalink)  
 
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P.S. the Gofundme is sitting at $49,010.
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Old 17th Nov 2019, 05:36
  #833 (permalink)  
 
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This is drifting off Glen, natural I suppose while we’re all waiting with bated breath to hear anything about the potential litigation we’ve funded. Glen appears in the last few days to have followed LB’s (and others) good advice to stop engaging with the brick wall that is CASA.
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Old 17th Nov 2019, 18:27
  #834 (permalink)  
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allegation of malfeasance.

Laying low except to advise that a formal allegation of malfeasance against an individual in CASA has been lodged with the Commonwealth Ombudsman.

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Old 18th Nov 2019, 03:25
  #835 (permalink)  
 
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ombudsman is toothless.
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Old 20th Nov 2019, 00:54
  #836 (permalink)  
 
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You’ve been sucked into the system and now will get nothing. You have walked into the Ombudsman’s zone where the lawyers have the upper hand. Before you did that, you were operating in the court of public opinion which is what your tormentors really feared.

Now you are operating in an environment where the watchwords are “procedural fairness and natural justice”......but not for YOU but for THEM. You are now the accuser and the delicate little flowers you’ve accused must have their rights protected. The onus of proof is now on you and the Ombudsman, all your defendants have to show is that they. were operating according to what they believed was the law. But what would I know, I’m not a lawyer.
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Old 20th Nov 2019, 01:43
  #837 (permalink)  
 
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On the other hand -

It could also be that the complainant can be seen to have used the appropriate channels to remediate the issues prior to the time & effort associated with court hearings.

If you were the presiding magistrate, do you think you would like to hear that all relevant remedial options have been exhausted prior to court proceedings? I would.
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Old 20th Nov 2019, 20:39
  #838 (permalink)  
 
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Over $50K - cheers Glen.
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Old 20th Nov 2019, 22:00
  #839 (permalink)  
 
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Originally Posted by glenb View Post
Laying low except to advise that a formal allegation of malfeasance against an individual in CASA has been lodged with the Commonwealth Ombudsman.
You may mean “misfeasance” rather than “malfeasance”. The latter is generally understood to mean criminal behaviour. Allegations of criminal behaviour against Commonwealth public officials would generally be referred to the AFP, not the Ombudsman.

In any event, neither the Ombudsman nor the AFP has any power to give you or make anyone else give you compensation.

Now that you’ve reached the ostensibly arbitrary but presumably-to-you magic $50K, you should spend some of it on getting expert advice.
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Old 21st Nov 2019, 08:31
  #840 (permalink)  
 
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mis or mal..does CAsA give a rats?
CAsA has a gold pass in describing criminality of their staff..its called a Code of Conduct. Theircode is a sick joke if ever there was one.
Carmody, aided and abetted by the Smart Aleck, McComick and Co...called serious allegations 'just possible breaches of the code.and spent a bucket load of taxpayers dollars to confirm what they already knew...breached the code.
Not only that , the AFP advised Smart Aleck in 2009 that those employees had breached the Criminal Code 1914 , Secs for perjury and conspiracy, and obviously collaborated in the making of those statements.
I was never advised of those findings by either the AFP or CAsA , to whom I had made the allegations of serious criminality and submitted proving material.
CAsA perverted the course of justice, thus protecting the 3 Amigos / employees from criminal sanctions.

And the Legal Pervert proved his worth, and seriously warped mind-set in 2014 by stating in the public domain...that no CAsA person had falsified evidence.!!
And CAsA continually claim ..due process and natural justice. BULSH*T !!
We need that Judicial Inquiry.
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