Glen Buckley and Australian small business -V- CASA
If Glen is to win his legal battle with CASA, there will need to be a lot more in his "GoFundMe" pot than is there currently.
It is in the best interests of all who subscribe and post here, including those considering Aviation as a future career, that CASA cannot be allowed to run roughshod over a legally operated aviation small business. Many/most who post here will have started their careers at a flying school such as Glen owned.
May I humbly suggest that everyone puts their money where their mouth is, and donates as generously as their circumstances allow.
It is in the best interests of all who subscribe and post here, including those considering Aviation as a future career, that CASA cannot be allowed to run roughshod over a legally operated aviation small business. Many/most who post here will have started their careers at a flying school such as Glen owned.
May I humbly suggest that everyone puts their money where their mouth is, and donates as generously as their circumstances allow.
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If Glen is to win his legal battle with CASA, there will need to be a lot more in his "GoFundMe" pot than is there currently.
It is in the best interests of all who subscribe and post here, including those considering Aviation as a future career, that CASA cannot be allowed to run roughshod over a legally operated aviation small business. Many/most who post here will have started their careers at a flying school such as Glen owned.
May I humbly suggest that everyone puts their money where their mouth is, and donates as generously as their circumstances allow.
It is in the best interests of all who subscribe and post here, including those considering Aviation as a future career, that CASA cannot be allowed to run roughshod over a legally operated aviation small business. Many/most who post here will have started their careers at a flying school such as Glen owned.
May I humbly suggest that everyone puts their money where their mouth is, and donates as generously as their circumstances allow.
I'd suggest just one tweak: That we all contribute (some of us again) to the 'GoFundMe' effort as soon as Glen has confirmed that he has engaged lawyers to fight his legal battle and that that's where the donated funds will be spent. That's where many of us thought the original donations were going to be spent and I reckon that if those donations had been spent on legal assistance, years ago, there'd have been a resolution - for better or for worse - by now.
(I'm not suggesting the originally donated funds have been misspent, but rather that they were not spent when and where they would have done most good.)
Last edited by Lead Balloon; 16th Aug 2023 at 12:59.
Thread Starter
Legal Assistance- Go fund me
Folks, please be assured that my family and I are very appreciative of all the support that has been offered to us throughout the last almost five years, and the continued interest keeps me going.
Regarding the Go fund Me, I believe that the time will come.
Regarding the funds that have been available to me. I have met with lawyers on three occasions to obtain advice and guidance, and ample funds currently remain in the "kitty" for an initial assessment by a reputable legal firm, hence I have not put out the further call to industry.
Please be assured that if I feel I need further funds into the Go Fund Me, I will call for them, but it will be a very significant campaign that I will mount if I do need to revisit the funding. To date i have been very discrete and maintained a profile on Pprune and Aunty Pru only, because I have wanted to remain as discrete as practical.
If the call goes out, please be assured that it will be a very active campaign., utilizing Facebook, possibly an advertisement in Australian Flying, and I will be seeking assistance of my local MP, Ms Carina Garland.
I have heard your suggestions that i maintain a low profile on Ppprune, until that legal advice has been obtained, and i do appreciate that may appear to be the best option, and most probably is.
That underestimates the power of these forums. There is absolutely no doubt in my mind that Aunty pru and prune have a very significant role to play.
I am convinced that i had not utilized, and continued to utilise these forums, i would have been totally crushed many years ago, and the matter kicks along only because of these two forums. Similarly, these forums and the accompanying support have been a pillar of support for me mentally, and without it, i think that i would be in a far far worse place, I really do.
I feel the most effective approach to crowd funding is a kitty that grows quickly to demonstrate industry support. A shorter more intense campaign may send a stronger signal that a lengthier more drawn-out approach.
I feel the call will come, but it could be a few weeks away. Thankyou so much.
Regarding crowd funding, in order to run a case, it will cost a significant amount of money, and ideally i would like to have a proposition to put towards industry, and something more formal. If it were to go to court, and i were to obtain the outcome that i feel my family is entitled to, I assume that i would get my legal costs back, and that they should be returned to the contributors with potentially a return on the investment to those contributors.
Litigation funders usually take approximately 1/3 of the payout. Nothing would give me more satisfaction than making sure that any additional funds were repaid with interest to those contributors that have supported me.
Great to see some new poster's popping up, and to Celtic as a new member, who appears to have joined the pprune community to become involved in this topic, your input is appreciated.
back to a pancake parlor coffee, while i work on some other matters.
Cheers folk, have a good day and safe trip home to you all at the end of it. Cheers. Glen
Regarding the Go fund Me, I believe that the time will come.
Regarding the funds that have been available to me. I have met with lawyers on three occasions to obtain advice and guidance, and ample funds currently remain in the "kitty" for an initial assessment by a reputable legal firm, hence I have not put out the further call to industry.
Please be assured that if I feel I need further funds into the Go Fund Me, I will call for them, but it will be a very significant campaign that I will mount if I do need to revisit the funding. To date i have been very discrete and maintained a profile on Pprune and Aunty Pru only, because I have wanted to remain as discrete as practical.
If the call goes out, please be assured that it will be a very active campaign., utilizing Facebook, possibly an advertisement in Australian Flying, and I will be seeking assistance of my local MP, Ms Carina Garland.
I have heard your suggestions that i maintain a low profile on Ppprune, until that legal advice has been obtained, and i do appreciate that may appear to be the best option, and most probably is.
That underestimates the power of these forums. There is absolutely no doubt in my mind that Aunty pru and prune have a very significant role to play.
I am convinced that i had not utilized, and continued to utilise these forums, i would have been totally crushed many years ago, and the matter kicks along only because of these two forums. Similarly, these forums and the accompanying support have been a pillar of support for me mentally, and without it, i think that i would be in a far far worse place, I really do.
I feel the most effective approach to crowd funding is a kitty that grows quickly to demonstrate industry support. A shorter more intense campaign may send a stronger signal that a lengthier more drawn-out approach.
I feel the call will come, but it could be a few weeks away. Thankyou so much.
Regarding crowd funding, in order to run a case, it will cost a significant amount of money, and ideally i would like to have a proposition to put towards industry, and something more formal. If it were to go to court, and i were to obtain the outcome that i feel my family is entitled to, I assume that i would get my legal costs back, and that they should be returned to the contributors with potentially a return on the investment to those contributors.
Litigation funders usually take approximately 1/3 of the payout. Nothing would give me more satisfaction than making sure that any additional funds were repaid with interest to those contributors that have supported me.
Great to see some new poster's popping up, and to Celtic as a new member, who appears to have joined the pprune community to become involved in this topic, your input is appreciated.
back to a pancake parlor coffee, while i work on some other matters.
Cheers folk, have a good day and safe trip home to you all at the end of it. Cheers. Glen
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Thread Starter
Follow up to allegation of assault
21/08/23
Dear Mr Hanton,
I am writing to follow up on the complaint that I made to the Office of the Industry Complaints Commissioner (ICC) regarding the completely false allegation made by Mr David Edwards a CASA Flight Operations Inspector (FOI) based in the Melbourne Office that I had assaulted him in the foyer of the CASA Building on 6 February 2020.
As you are aware, the witness statements by the other CASA Officer in attendance, indicate that in fact Mr David Edwards was not assaulted by me, and that clearly supports my version of events, being the truthful one, and Mr Edwards claims, being malicious, false and misleading, a pattern that I have come to expect in my dealings with CASA.
I have requested that CASA confirm that they are aware that I did not assault any CASA Employees ever, and I have made the very reasonable request that the false statement be corrected by CASA on multiple occasions.
CASA has had access to that same information that I obtained under Freedom of Information, and CASA would have been aware for over three years that it was a false statement and that no CASA Employee was ever assaulted by me.
The first time that I became aware that I had allegedly stalked and assaulted CASA Employees was when the CASA CEO at the time, Mr Shane Carmody PSM, raised those most serious of allegations before the Senators on 20/11/2020, before the Senate Rural and Regional Affairs and Transport Legislation Committee.
As CASA has now been aware for a period of over three years, I think the time has well and truly passed for CASA to correct this falsehood. As you are aware, I have made multiple requests to CASA over the ensuing years,The impact of this false allegation continues, and I feel that I am within my rights to have this matter promptly attended to.
Could you please advise if the Board has directed that this matter be investigated, and if you have been directed by the Board not to investigate this matter, can you advise what options are available to me to have Mr Edwards conduct investigated, and a determination made as to whether in fact any CASA Employee was ever stalked or assaulted by me.This is a matter that I am not prepared to "let go" as it has had a significant impact on me and continues to do so.
Thankyou Jonathan, and please understand that my frustration is not intended to be directed at you.
Cheers. Glen Buckley
Dear Mr Hanton,
I am writing to follow up on the complaint that I made to the Office of the Industry Complaints Commissioner (ICC) regarding the completely false allegation made by Mr David Edwards a CASA Flight Operations Inspector (FOI) based in the Melbourne Office that I had assaulted him in the foyer of the CASA Building on 6 February 2020.
As you are aware, the witness statements by the other CASA Officer in attendance, indicate that in fact Mr David Edwards was not assaulted by me, and that clearly supports my version of events, being the truthful one, and Mr Edwards claims, being malicious, false and misleading, a pattern that I have come to expect in my dealings with CASA.
I have requested that CASA confirm that they are aware that I did not assault any CASA Employees ever, and I have made the very reasonable request that the false statement be corrected by CASA on multiple occasions.
CASA has had access to that same information that I obtained under Freedom of Information, and CASA would have been aware for over three years that it was a false statement and that no CASA Employee was ever assaulted by me.
The first time that I became aware that I had allegedly stalked and assaulted CASA Employees was when the CASA CEO at the time, Mr Shane Carmody PSM, raised those most serious of allegations before the Senators on 20/11/2020, before the Senate Rural and Regional Affairs and Transport Legislation Committee.
As CASA has now been aware for a period of over three years, I think the time has well and truly passed for CASA to correct this falsehood. As you are aware, I have made multiple requests to CASA over the ensuing years,The impact of this false allegation continues, and I feel that I am within my rights to have this matter promptly attended to.
Could you please advise if the Board has directed that this matter be investigated, and if you have been directed by the Board not to investigate this matter, can you advise what options are available to me to have Mr Edwards conduct investigated, and a determination made as to whether in fact any CASA Employee was ever stalked or assaulted by me.This is a matter that I am not prepared to "let go" as it has had a significant impact on me and continues to do so.
Thankyou Jonathan, and please understand that my frustration is not intended to be directed at you.
Cheers. Glen Buckley
Update
Glen thank you for your update, your fight is extremely important to all of Australia’s General Aviation community, and your courage sets a great example. The fact that CASA has not answered for its false claims and continues to drag its feet is perpetuating an untenable state of injustice.
Personally I respect whatever strategy you feel is best but I wonder what is gained by maintaining a low profile?
I can’t help thinking that wide publicity would cause Minister King, CASA and its Board to realise that the issue is not going away, and maybe the general public should know about the waste, mismanagement and dysfunctional state of Australia’s aviation administration.
I note that yet another flying school has closed up in QLD and it’s aircraft are being auctioned of this week, testament to the CASA juggernaut that’s still on its destructive pathway.
Personally I respect whatever strategy you feel is best but I wonder what is gained by maintaining a low profile?
I can’t help thinking that wide publicity would cause Minister King, CASA and its Board to realise that the issue is not going away, and maybe the general public should know about the waste, mismanagement and dysfunctional state of Australia’s aviation administration.
I note that yet another flying school has closed up in QLD and it’s aircraft are being auctioned of this week, testament to the CASA juggernaut that’s still on its destructive pathway.
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Thread Starter
Cheers Sandy
As always, I appreciate your input Sandy, and i agree with your sentiments.
In my mind there are two completely separate narratives.
One being the legal approach of litigation that will come down to a word or an interpretation. It is costly, distracting, burdensome and should be entirely unnecessary.
The public case, on forums such as pprune and Aunty Pru is the ethical and integrity angle. My rather naive hope is that eventually ethics and integrity will prevail, although i do understand that is highly unlikely, nevertheless these forums do publicly expose CASA to scrutiny.
Saying that, I am most definitely seeking legal advice as well.
In my mind there are two completely separate narratives.
One being the legal approach of litigation that will come down to a word or an interpretation. It is costly, distracting, burdensome and should be entirely unnecessary.
The public case, on forums such as pprune and Aunty Pru is the ethical and integrity angle. My rather naive hope is that eventually ethics and integrity will prevail, although i do understand that is highly unlikely, nevertheless these forums do publicly expose CASA to scrutiny.
Saying that, I am most definitely seeking legal advice as well.
Thread Starter
ICC response to my follow up Post #2824
21/08
Hi Glen
Thanks for your email, I acknowledge receipt.
I have not yet had the opportunity to discuss the specifics of your complaint about the differing accounts of what occurred at CASA’s Melbourne office with the Board. What this means is that I have not been directed to review the issues you have raised in spite of the jurisdictional issues it raises. I’ll be back in contact when I have more information, in the meantime happy to discuss – 02 6217 1249.
Thanks
Jonathan
Hi Glen
Thanks for your email, I acknowledge receipt.
I have not yet had the opportunity to discuss the specifics of your complaint about the differing accounts of what occurred at CASA’s Melbourne office with the Board. What this means is that I have not been directed to review the issues you have raised in spite of the jurisdictional issues it raises. I’ll be back in contact when I have more information, in the meantime happy to discuss – 02 6217 1249.
Thanks
Jonathan
Thread Starter
My response to previous post from CASA ICC
Glen Buckley <[email protected]>
to Jonathan
Tue, 22 Aug, 07:37 (22 hours ago)
Dear Jonathan,
Over the last five years I have tried to sit emails prior to sending them, as I appreciate the risk of responding impulsively. Nevertheless, I have woken early this morning, and I am unable to refrain. This will be blunt, and on reflection later today, I hope that I do not regret the contents of this correspondence..
I do not have the trust and confidence in your Office to engage in anything, other than written correspondence.
Perhaps more than any person within CASA, you are fully aware of the truth on this matter, you have the required mandate, and you are the decision maker.
You know that I never stalked or assaulted CASA Employees.
You know that the exact model adopted by me was widely used throughout the industry, always was, and continues to be.
You know that there is no safety case to justify the actions taken.
You know that the matter could have been resolved within 4 hours without any action being taken.by CASA.
You know that I was the victim of targeted malice.
You are fully aware that CASA has provided false and misleading information to the Ombudsman Office
You choose not to act.
I went for a very long walk this morning. You and I have had telephone conversations that I have enjoyed and I am aware how much your parents meant to you.Well my parents are equally important to me. They are both alive, and sadly, as would be expected, at their age, their health is deteriorating at a rate that concerns me. I reflected on my own life, and my only wish is when my wife and I pass away that each of our children are safe and happy. I can't give that same gift to my parents, I know the impact this matter has had on them.
If I do not get the opportunity to fully clear my name, and get my life back on track, before I lose that opportunity, that will be my tipping point.
On that walk I analysed what I would do, if yours and my roles were reversed. If I were the ICC, and you were the flying school owner. I came to the very sad conclusion that this would have been resolved many years ago.
Quite simply, I would have "done my job". I would have stepped forward to the Ombudsman's office, and my opening phrase would have gone something like this.
Dear Ombudsman, I feel compelled to step forward and be honest and transparent, and let integrity drive this discussion. The ramifications will be significant, but that cannot form part of my considerations...........
You get the general idea. Ms. Spence's recent correspondence has heightened my concerns about you, and the true independence of your Office.
Respectfully, Glen Buckley
Thread Starter
CASA ICC response
Good morning Glen
I acknowledge receipt of your email. Thank you for your candour.
In the past when you have raised concerns about my integrity, I have consistently suggested you refer these to the Commonwealth Ombudsman. While I’m aware you have escalated complaints about CASA to the Ombudsman, these are distinct from your allegations about my conduct. If you have not already done so, I suggest this would be appropriate. I cannot investigate myself.
In the alternative, given the nature of your allegations you are able to report my conduct to the National Anti-Corruption Commission here. The ICC Governance Arrangements also provide that complaints about the ICC should be referred to the Chair of the Board. You are able to make a complaint through CASA’s [email protected].
Regards
I acknowledge receipt of your email. Thank you for your candour.
In the past when you have raised concerns about my integrity, I have consistently suggested you refer these to the Commonwealth Ombudsman. While I’m aware you have escalated complaints about CASA to the Ombudsman, these are distinct from your allegations about my conduct. If you have not already done so, I suggest this would be appropriate. I cannot investigate myself.
In the alternative, given the nature of your allegations you are able to report my conduct to the National Anti-Corruption Commission here. The ICC Governance Arrangements also provide that complaints about the ICC should be referred to the Chair of the Board. You are able to make a complaint through CASA’s [email protected].
Regards
Thread Starter
My retort
Dear Mr Hanton,
It was not a request for a complaint mechanism against you, rather something for you to consider and reflect upon.
(unsurprisingly, i haven't heard back)
It was not a request for a complaint mechanism against you, rather something for you to consider and reflect upon.
(unsurprisingly, i haven't heard back)
Last edited by glenb; 22nd Aug 2023 at 20:21.
Thread Starter
Email to David Edwards requesting he withdraw his false allegation
23/08/23
Dear Mr David Edwards CASA Flight Operations Inspector (FOI).
As you are aware you have made an internal complaint within CASA that I assaulted you in the foyer of the CASA Building on February 6th of 2020. You alleged that I stepped towards you and shoved you.
As you will be fully aware, that is a completely false statement and that did not occur. I have currently submitted a complaint to the CASA Industry Complaints commissioner for consideration, and there is a delay while the CASA ICC establishes contact with the Board.to ascertain whether CASA can investigate this matter.
I am reaching out to you with good intent, and respectfully request that you withdraw that false allegation. May I respectfully request that you establish contact with the CASA CEO to confirm your position on this matter and either confirm that you are maintaining your position that I assaulted you or identify to the CASA CEO that you may have been mistaken, and in fact you were never shoved or assaulted by me.
Whilst I do appreciate that this will place you in a somewhat difficult situation within CASA, I can only encourage you to act truthfully, and with integrity. The substantive nature of these complaints is not something that I am prepared to ignore. If you continue to perpetuate this complete falsehood, I will be compelled to pursue the matter with the Police, or a legal firm, and the matter can only become more complicated.
Thankyou for your consideration,
Respectfully, Glen Buckley
Dear Mr David Edwards CASA Flight Operations Inspector (FOI).
As you are aware you have made an internal complaint within CASA that I assaulted you in the foyer of the CASA Building on February 6th of 2020. You alleged that I stepped towards you and shoved you.
As you will be fully aware, that is a completely false statement and that did not occur. I have currently submitted a complaint to the CASA Industry Complaints commissioner for consideration, and there is a delay while the CASA ICC establishes contact with the Board.to ascertain whether CASA can investigate this matter.
I am reaching out to you with good intent, and respectfully request that you withdraw that false allegation. May I respectfully request that you establish contact with the CASA CEO to confirm your position on this matter and either confirm that you are maintaining your position that I assaulted you or identify to the CASA CEO that you may have been mistaken, and in fact you were never shoved or assaulted by me.
Whilst I do appreciate that this will place you in a somewhat difficult situation within CASA, I can only encourage you to act truthfully, and with integrity. The substantive nature of these complaints is not something that I am prepared to ignore. If you continue to perpetuate this complete falsehood, I will be compelled to pursue the matter with the Police, or a legal firm, and the matter can only become more complicated.
Thankyou for your consideration,
Respectfully, Glen Buckley
Glen,
Maaaaatttteeeee, you are going to lose the support of your colleagues if you don’t start heeding advice.
These pages have done the job for you.
It’s lawyer time and take their advice, if they say continue on Pruning go for it.
Use the money in the fund.
I would love to hear that you have solid legal direction and are pursuing that avenue!
Maaaaatttteeeee, you are going to lose the support of your colleagues if you don’t start heeding advice.
These pages have done the job for you.
It’s lawyer time and take their advice, if they say continue on Pruning go for it.
Use the money in the fund.
I would love to hear that you have solid legal direction and are pursuing that avenue!
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Originally Posted by glenb;
I do not have the trust and confidence in your Office to engage in anything, other than written correspondence.
You get the general idea. Ms. Spence's recent correspondence has heightened my concerns about you, and the true independence of your Office.
I worry when I read the words “tipping point” and I can only hope you were receiving the personal assistance that you need through this evidently tough time for you. It could also be interpreted as a threat, which seems incredibly counterintuitive considering what you are trying to achieve here.
A Senator unhappy with CAsA. The whole aviation industry is unhappy with CAsA…!!
For Glen. I can attest from experience that the office of the ICC is not independent.
So concerned was Mr Hanson about what had occurred to me he came to FNQ to discuss the issue. It was obvious to me and my witness that he was on my side I could explain in simple logic and facts that the AWI in question was the perpetrator to a criminal event. It could be none other.
Back in Cantberra in Protection House the investigation was removed from ICC Hanson and via a muddle of names/ job titles the job was finally handed over to a woman from HR/ Culture and Resources.?.She was without investigation experience nor was she signed in as a temporary Part 3 Investigator.
It was blinding obvious this was to be a cover up with a few brownie points for the job taker probably.
Certain persons weren’t a interviewed and obvious questions were never asked. I never heard from her.
Her high school essay report, heavily redacted stated …”that on the basis of probabilities it wasn’t him”
Utter tosh. Look at the details fair and square and it can be no other person.
Not the first time the CAsA system goes about protecting itself from the bad PR criminality of it staff.
Its a dung pile rotten to the core.
What else can one expect when the head (case) legal person advises me that outrageous lies used as false sworn testimony are nothing but a minor error by the inadvertent use of discrepant words or wording. !!
That is the nature of the beast that Glenn B is up against.
A vile pustule in Australian “governance”
For Glen. I can attest from experience that the office of the ICC is not independent.
So concerned was Mr Hanson about what had occurred to me he came to FNQ to discuss the issue. It was obvious to me and my witness that he was on my side I could explain in simple logic and facts that the AWI in question was the perpetrator to a criminal event. It could be none other.
Back in Cantberra in Protection House the investigation was removed from ICC Hanson and via a muddle of names/ job titles the job was finally handed over to a woman from HR/ Culture and Resources.?.She was without investigation experience nor was she signed in as a temporary Part 3 Investigator.
It was blinding obvious this was to be a cover up with a few brownie points for the job taker probably.
Certain persons weren’t a interviewed and obvious questions were never asked. I never heard from her.
Her high school essay report, heavily redacted stated …”that on the basis of probabilities it wasn’t him”
Utter tosh. Look at the details fair and square and it can be no other person.
Not the first time the CAsA system goes about protecting itself from the bad PR criminality of it staff.
Its a dung pile rotten to the core.
What else can one expect when the head (case) legal person advises me that outrageous lies used as false sworn testimony are nothing but a minor error by the inadvertent use of discrepant words or wording. !!
That is the nature of the beast that Glenn B is up against.
A vile pustule in Australian “governance”
Glen oh Glen what are you doing ?
You need to listen to people & get expert legal advice
Selecting the right Solicitor (& legal firm) is the key. Do you know about Doyle's guide ? (certain you do)
Obviously (& understandably) you are upset about assault allegation, that's all it is "an allegation", no charges laid , no finding of guilt, just let it go. In Australia people are wrongly charged all the time - that didn't happen to you. As you know it just wasn't a good idea to attend CASA building -learn from it. If similar in future take a witness, covertly record/video (you are allowed to).
Today calling yet more CASA people more names, its just going to harden further their resolve to not settle
You keep saying formal legals indicate lack of good will , integrity , ethics etc & "not necessary". I think a lot of people would disagree you & say that legal procedure is how we resolve a difference of opinion in Australia. CASA don't have to resolve this , how you want this resolved - "by discussion / meetings "
That is sort of "Queens Rules" & it just isn't how people get awarded just compensation , sort of "oh well Old Chap, its seems we made a bit of a mess of it, & as Gentleman we cannot have that, so let's fix that & then have G& T hoorah". People who are maimed via negligence often only get a settlement well into a legal process - they get put through the ringer & many are destroyed by it. & the large entities who do it - absolutely do not give a flying
Most ombudsman (industry review person) in Australia are toothless tigers everyone knows that
Why oh why are also going ""reinvent" the wheel by some kind of legal funding re-imbursement mechanism etc , I think you are overcomplicating it. And talking about re-imbursing, suppliers/staff from debts owed years ago by an entity that has now been liquidated . Its Joan of Arc stuff , if your company couldn't pay outgoings as a result of a wrong - you are not responsible for that
Aren't people saying they will contribute to you so you can hopefully get a win & some money because of what CASA did to you & your business & family
Nobody likes to be named & shamed in public, people take that very personally & that's why CASA will never settle this by chin wag
You mentioned a cause of action Misfeasance in Public Office. I would guess the challenge is to prove "acted malicously". You say that you know that , but can you prove it on the balance of probabilities (what might "turn up" in discovery emails/messages). You mentioned former(or current) CASA employee was willing to assist - will this person swear an affidavit
You need to think about where things are at. Do you have a case & do you have the strength to prosecute it . Legals are a blood sport, & people will lie , mislead , perjure themselves , destroy or hide evidence, feign memory loss to win - it's just how it is
You got to stop telling CASA how to do their job(you may well be right , but it is just irrelevant) & stay away from your local MPs - they are not your friends
It doesn't matter what you think or what you know, the only thing that matters is what you can prove
Would any staff at CASA have been foolish enough to say anything stupid on an email or text or document or file note outlining their "intent" ? or happiness at your plight ?
Remember staff at large organisations are routinely given advice on what is & what isn't "discoverable"
Everyone wishes you well Glen , I just fear that CASA might have outplayed you (but I know sfa really)
You need to listen to people & get expert legal advice
Selecting the right Solicitor (& legal firm) is the key. Do you know about Doyle's guide ? (certain you do)
Obviously (& understandably) you are upset about assault allegation, that's all it is "an allegation", no charges laid , no finding of guilt, just let it go. In Australia people are wrongly charged all the time - that didn't happen to you. As you know it just wasn't a good idea to attend CASA building -learn from it. If similar in future take a witness, covertly record/video (you are allowed to).
Today calling yet more CASA people more names, its just going to harden further their resolve to not settle
You keep saying formal legals indicate lack of good will , integrity , ethics etc & "not necessary". I think a lot of people would disagree you & say that legal procedure is how we resolve a difference of opinion in Australia. CASA don't have to resolve this , how you want this resolved - "by discussion / meetings "
That is sort of "Queens Rules" & it just isn't how people get awarded just compensation , sort of "oh well Old Chap, its seems we made a bit of a mess of it, & as Gentleman we cannot have that, so let's fix that & then have G& T hoorah". People who are maimed via negligence often only get a settlement well into a legal process - they get put through the ringer & many are destroyed by it. & the large entities who do it - absolutely do not give a flying
Most ombudsman (industry review person) in Australia are toothless tigers everyone knows that
Why oh why are also going ""reinvent" the wheel by some kind of legal funding re-imbursement mechanism etc , I think you are overcomplicating it. And talking about re-imbursing, suppliers/staff from debts owed years ago by an entity that has now been liquidated . Its Joan of Arc stuff , if your company couldn't pay outgoings as a result of a wrong - you are not responsible for that
Aren't people saying they will contribute to you so you can hopefully get a win & some money because of what CASA did to you & your business & family
Nobody likes to be named & shamed in public, people take that very personally & that's why CASA will never settle this by chin wag
You mentioned a cause of action Misfeasance in Public Office. I would guess the challenge is to prove "acted malicously". You say that you know that , but can you prove it on the balance of probabilities (what might "turn up" in discovery emails/messages). You mentioned former(or current) CASA employee was willing to assist - will this person swear an affidavit
You need to think about where things are at. Do you have a case & do you have the strength to prosecute it . Legals are a blood sport, & people will lie , mislead , perjure themselves , destroy or hide evidence, feign memory loss to win - it's just how it is
You got to stop telling CASA how to do their job(you may well be right , but it is just irrelevant) & stay away from your local MPs - they are not your friends
It doesn't matter what you think or what you know, the only thing that matters is what you can prove
Would any staff at CASA have been foolish enough to say anything stupid on an email or text or document or file note outlining their "intent" ? or happiness at your plight ?
Remember staff at large organisations are routinely given advice on what is & what isn't "discoverable"
Everyone wishes you well Glen , I just fear that CASA might have outplayed you (but I know sfa really)
Last edited by Makiko; 23rd Aug 2023 at 14:15.
The following 3 users liked this post by Makiko:
Thread Starter
Seabreeze
Cheers for the heads up on the possible ally. I didn't recognize the name and did a quick: "search". While waiting for the results I was thinking "please be an Independent." Sadly, a Liberal. This matter started under a Liberal Government, with no support at all from Ms Gladys Liu my Liberal local member at the time.
I thought the change of government, to a Labor Government would bring a possible solution, after all ethics and accountability was their theme, and the establishment of an anti-corruption commission. Ms. Carina Garland, my new Labor MP for Chisholm has been of no support, and to be honest, perhaps worse than the previous incumbent.
Having ridden this journey through both a Liberal and now Labor local MP, I have absolutely no faith in any of them anymore. The ONLY politician that i truly feel would be of any assistance is an Independent.
Once again thanks for taking the time to provide input. Cheers. Glen.
I thought the change of government, to a Labor Government would bring a possible solution, after all ethics and accountability was their theme, and the establishment of an anti-corruption commission. Ms. Carina Garland, my new Labor MP for Chisholm has been of no support, and to be honest, perhaps worse than the previous incumbent.
Having ridden this journey through both a Liberal and now Labor local MP, I have absolutely no faith in any of them anymore. The ONLY politician that i truly feel would be of any assistance is an Independent.
Once again thanks for taking the time to provide input. Cheers. Glen.
Thread Starter
Inyteresting correspondence from ICC
Hanton, Jonathan
to meMon, 28 Aug, 14:01 (17 hours ago)
OFFICIALGood afternoon Glen
Apologies for the delay.
At the meeting of CASA’s Board last week, my recommendation that your complaint be investigated despite you being aware of the subject matter for more than 12 months before you raised the issue with the ICC was accepted. The Board also agreed that given you have raised concerns about my conduct that any review be undertaken by an external investigator.
In terms of the information that will be provided to that external investigator, I will be providing the two written accounts of the CASA staff referenced in your email of 29 July 2023 and this description of your complaint:
FOI 1 states that Mr Buckley “went to push FOI 2 with an open hand” however was warned by FOI 1, and “backed off. This statement by CASA FOI 1 clearly indicates that no contact was made, and therefore FOI 2 was not “shoved” as FOI 1 claims.
FOI 2 claims that Mr Buckley in fact “approached me, and shoved me in the chest”
It is this statement by FOI 2 that I am claiming is false and misleading.
In support of my allegation that FOI Two has made a false and misleading statement (because):.
· FOI One's observations are different from FOI Two's observations, with FOI 2 claiming that I advanced toward him and shoved him, although FOI 1s statement contradicts that.
· No statement was ever made regarding stalking or assault to Police that attended in response to a complaint of possible “trespassing” by me being in the foyer of the CASA building. That was the complaint made to the police, no allegations of stalking or assault were ever made.
· The alleged incident happened directly under a security camera, and my understanding is that CASA accessed that footage, and no evidence of physical assault was on that recording.
· CASA FOI Two was encouraged to document the assault with police by his Employer, and he did not follow that guidance.
The external investigator will be engaged to establish whether on the balance of probabilities the account provided was false and misleading as you have alleged. To ensure any review is undertaken at arm’s length from the ICC, I do not propose providing the engaged investigator any further information or comment than that set out above and I will not be involved in any further enquiries they may elect to make.
Thanks
Jonathan
Thread Starter
Makiko
I wasn't aware of Doyles, I'm somewhat embarrassed to say. I have approached the Law institute of Victoria on two occasions and found them to be of very little value. That Doyles resource is sensational, Cheers Glen. be assured that will be utilized almost at the soonest opportunity..