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tdierikx

After some legal help - Sydney

24 posts in this topic

tdierikx   

Thought this might be a good place to ask...

 

Does anyone know a criminal lawyer in Sydney willing and able to take on a case against the RSPCA - some experience in same would be great, as most seem to be afraid to take the buggers on... grrr!

 

T.

 

 

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trifecta   

You could contact Sally Rogers at Happy Paws Haven, Grafton, for information - she had a lawyer work pro bono for her in her fight against the local council.

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There was a group of Barristers and Solicitors in NSW called something like Lawyers for Animals - I think it was more of a legal ethics group - I know it had some very genuine and dedicated animal lovers in the best sense as core members.  Maybe some googling would find whether they still exist, this was around ten years ago that I was aware.

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Danois   

Check in with the Animal Law Committee resources on NSW Law Society website. 

 

It isn’t a criminal lawyer that is needed. 

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tdierikx   

Thanks @Danois... do you think it could be possible to run one's own defense only using advice from a solicitor - or would you advise that a barrister's advice would be needed? It's only local court.

 

One issue is the way information is fielded by the RSPCA... comes in dribs and drabs over a long period of time, and that drives legal bills up and up with little or no movement forward.. grrr!

 

T.

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Danois   

Barristers are needed for technical points of law or complex advocacy IMO. 

 

Just get a good lawyer to run it. 

 

If you self represent - well you get what you pay for...

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tdierikx   

Thanks @Danois - you make a good point... *grin*... but the lawyers sure know how to rack up the bills... *sigh*

 

T.

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Danois   

Lawyers bills are ordinarily a reflection of the quality or quantity of their clients’ instructions. 

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tdierikx   
9 hours ago, Danois said:

Lawyers bills are ordinarily a reflection of the quality or quantity of their clients’ instructions. 

Can you suggest any strategies to improve the quality of the client's instructions @Danois?

 

What about other things, like the dissemination of documents/information in dribs and drabs by the other party? As this requires the lawyer to read and forward the info - at a cost each time. Would it be feasible for the client to receive this information, then have a meeting with the lawyer at certain intervals regarding same?

 

eg. Email with 10 pages of attachments - lawyer charged 2 hours to read and forward... and no communication as to what he wanted the client to do with said document, nor what he did with it other than forward it on. The document in question was not 10 pages of "legalese" - I read it all twice in about 20 mins myself, and had answers to claims made in same within another 30 mins. (Note: the case is not against me)

 

T.

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Based on experience elsewhere, it's hard to win.  RSPCA is likely to have top legal advice who know the ropes and love the RSPCA.  If you can find someone who hates the RSPCA and has prior knowledge, you have a good chance. Otherwise, expect to pay through the nose.

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tdierikx   
3 hours ago, sandgrubber said:

Based on experience elsewhere, it's hard to win.  RSPCA is likely to have top legal advice who know the ropes and love the RSPCA.  If you can find someone who hates the RSPCA and has prior knowledge, you have a good chance. Otherwise, expect to pay through the nose.

RSPCA NSW have 2 lawyers on their board... and from looking at a few cases, they have represented them on a number of occasions...

 

Seriously though, from the charges I've seen so far, none have much merit and can be countered with evidence/physical proof... and a couple have just been at the very least embellished (if not completely false).

 

Also in question is the length of time they have to actually bring charges... POCTAA says someting about 60 days, but this is certainly not the case here... they have taken 5 months to come up with the latest, and indicate that they might add more in the following weeks... it just keeps dragging on in dribs and drabs which is completely frustrating and time wasting (especially if you are paying legal people to help deal with it all).

 

I'm starting to form the opinion that the strategy is to run their cases in such a way that your legal bills get so high that you end up capitulating so you don't end up bankrupt... grrr!

 

T.

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tdierikx   

Also - in the documents I have seen, the dates are all wrong... as though the person filling them in just pulled up an old form and filled in new charge details on it...

 

Nothing is signed or stamped by the court either... nor any notice of attachment to any previous case (which is what the wrong dates refer to, and to my knowledge was finalised ages ago)...

 

T.

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