turboplanner

What sort of person would sue for not receiving advice? By that logic if the driver had an accident by driving on the wrong side of the road, the person who said you can get that part on the other side of town would be liable for NOT telling the driver to stay left on the road?

 

Well no, not even in my simplistic story, but if you are interested you may be able to find the case online.

Seek legal redress through a class action, what a great suggestion. Call Blackman Turner Overdrive or whoever it is is advertises on TV then pay 60% of the payout so if 2000 join the class action you'll only owe $1000 each.

 

Just what the world needs, more legal parasite action.

 

Flyboy just told you:

"Tickets that qualified for the draw had to be purchased on-line BEFORE the event.  Tickets purchased by any other means whatsoever are not valid entries so its down to me and lets say 50 others."

So before anyone gets excited they need to be in that 50, and even then they need to read the terms and conditions relating to those 50 tickets., and after that they need to read the Consumer and Competition Act 2010, and after that they would probably need to go to the Civil Adminitrative Tribunal for the Jurisdiction involved and be able to show where the Organiser breached the Consumer & Competition Act, or any other applicable Act, and the Organisers then have the opportunity to present their side of the story.

Good luck

PLENTY of people wash out from PPL training deciding that for whatever reason, flying isn't for them.

Older aircraft are not like older cars. Generally the older they get, the benefit of the lower cost is offset by the much higher cost of Unscheduled Maintenance.  A person new to flying is unlikely to get up to speed fast enough with how all the costs come together. Just Hangar rental cost could put you out of the ballpark.

The Instructors and Testers may be very scarce when you ask them to fly in it for training/testing.

Local Flying Schools already struggle for critical mass to keep costs down, so need every hour they can get on their own aircraft, so you'll have less instructors available to you, and you'll soon learn if you fly regularly that just when you need an instructor, he/she will often be tied up on a Navex etc, so you are limiting your options to an annoying degree.

My advice is to go to a flying club and take advantage of their aircraft, leaving any cost-shock impacts to them.

There was a story ( Probably not true, but presented to me as true) about a road accident victim lying on the rails at a level crossing, with all the bystanders afraid to move the victim because of fear of litigation. In the story, a passing train settled the matter.

 

On the one hand the people at the scene of an accident are often shocked, and there is usually someone with extreme ideas, but once the train came into sight I couldn't see even the extremeists being silly enough to let someone be killed.

 

 

But here's something that actually happened to me: It was noon on a very hot day and just short of the gliding club there was a motorbike accident. The young bloke was nursing what looked like a broken arm and his girlfriend had abrasions.  Somebody had gone to the nearest house to call an ambulance.

 

Then the ambulance caller finally came back to say nobody was home there, I said bugger it, hop in the car and I'll drive you up to the hospital.

 

At the hospital, the girlfriend asked me to collect her purse from the motorbike. When I returned to do this, the other bystanders told me that I was going to lose everything for sure when I got sued.

 

All that actually happened is that the bike guy and his girlfriend were very grateful.

 

Medical staff will give you a right rev up for taking someone to hospital rather than calling an ambulance, You assessed a broken arm and abrasions, but their argument is that you might have missed something else. In this case (a) that's very doubtful and (b) there was no ambulance.

If governments spent some money advertising about their Civil Liberties Acts instead of electioneering, we would all be clear that in South Australia we should read the Civil Liability Act 1936, Section 74, and we would know how far we could go.   (The link to all the State Acts is in post #49)

South Australia was the scene of another tricky little piece of law, with the precedent for you being liable for advice you give established in a country town where a temperature ligtht came on in a car as a woman was entering a town. She stopped at the first service station where the mechanic found that the fan belt had broken. After searching he told her he didn't have one which was suitable but there was a service station on the other side of town which would.  On the trip across town the engine failed. The judgment went against the first person because in providing advice he had failed to warn her that IF she drove it was likely to damage the engine.

...........Roppongi Tom Cat, but Nob smiled and said "Emperor has formed new scradron called Camaback, copied from Orstralian air force where fighters are recycled. One day Single Use Aircraft will be banned in Orstralia.

The CAG bowed to the Emperor's new rule............. 

........he was about to take on the fleet of Admiral Nimitz, and it was only pure luck that the US fighters were parked and half the gunners were sitting on the jetty fishing and the other half were in the pool. He dropped his bombs, missed the island and hurried back to his carrier where he performed a perfect landing, beautifully anticipating the 5 metre swell. On the deck, the CAG said "What are you doing back here? You were supposed to stay there.......

........bails."Jump on" [Zero Ref; you take a look in the cockpit] and the Captain was up on that fuselage like a Melbourne Cup jocky.

Nobushi slammed the Zero's throttle home, and that familiar but very deceptive huffing and puffing sound started and the Zero was off down the runway and into the air.

Captain was startled to hear the almost Centenarian singing "Walzing Matilda, WALZING MATILDA!" as he flung the stick from side to side, and he felt himself slipping. This was worse than being shot at by the Mafia. "Stop that you JAP  XXXXXXXX BASTARD" he yelled, and Nob, whose memory was failing was mortified at what he had just done to his mentor, friend, and financial saviour.  He used to say "Captrain tort me Engrish, Ratin, Gaeric and rook after me alway."  he was right about being rooked.

Soon they were safely back........

"....escape being dealt with by the Mafia when" but he didn't get any further because there was a loud BANG!, and he dropped to the ground......

...........his frenzied state.

"He's about to be chased by the Mafia" said Turbo because he siad he knew   OOOOOOO about who killed OOO, OOO, OOO and OOO, and if he survives them he'll have the record of being the first.......

We apologise for Captain’s actions in TRIPLE threading, but we understand he has been shocked to the core at finding out he was under CIA surveillance, but that’s nothing .......

[captain had double-threaded again - shows we’re getting very close to the truth, so we’ll start with the last one]

.....normally it wouldn’t record but in your case it’s th chimney effect from too much hot air.

.......and so Captain started the long trip to the side of Australia few normal people every visit. We used to be protected from them by the rabbit-proof fence, and they in turn married into families from the north. “We know ASIO have a drop at the Dome” so we’ll leave him some instructions; should be able to keep him out of our hair for a long time.....

......don’t tell the Captain he’s being bugged......

It would appear that there will be no draw so all ticket holders would be potential plaintiff's yes?

 

I don’t think so.

“......I might need to be more careful sticking it to the Captain” 

He’d spoken his thoughts out loud, but Turbo reassured him “He won’t be around for long” Turbo said “73 people who said they knew who killed JFK have died in mysterious circumstances. He’s just cooked his goose. Around the coffee pot at the CIA we’d often discussed our thoughts that he was an ASIO rogue......

NOW ! 

 

were is the class action over the missing prize ?.

 

spacesailor

 

You should sell the TV rights; a Class Action with one plaintiff would be a world record.

Was that in 1936 Bruce?

https://emergencylaw.wordpress.com/2017/02/22/good-samaritan-legislation-a-comparison/

.........the mushrooms that make up his staple diet. We've all tried to help him over the years but this has just driven him deeper under cover, where he's been mixing with the likes of................

The map refers to #297

In Victoria the link will allow you to do a search of your property and select the Bushfire Overlays

https://mapshare.vic.gov.au/vicplan/

This link will take you to the Planning Scheme for your address, the definitions of items such as "Bushfire Prone Area", where the overlays are etc.

https://planning-schemes.delwp.vic.gov.au/

In terms of public liability which this thread is about in your references the public is liable for their own safety and legislation is there to protect them.

 

The Class Action and legislation comments should have had their own threads.

The following comments don't necessarily relate to any recent events.

The public don't succeed in a public liability suit unless they can prove someone breached their duty of care, so up to a point they are responsible for their own safety. Unfortunately other people and organisations have a recond of breaching THEIR duty of care, and to be fair, thet PL law is based on an accidental breach as against a malicious decision made to hurt people.

In the case of a dwelling, a defence against a PL suit could be that the designers or builders had complied with industry codes or Australian Standards.

With the benefit of hindsight after a disaster a Royal Commission or an industry or a government may find that better codes could have prevented deaths, and upgrade the codes. To discharge your duty of care you then need to comply with the more stringent code.

An example of this was the aftermath of the Ash Wednesday and Black Saturday fire in Victoria, where new "Bushfire Overlays" were added to all Council Planning Schemes to reduce the chance of residents being killed in fires. The map shows the Brown Bushfire Prone Area and pink Bushfire Management Overlay areas in part of Frankston South.  In these areas there are much tighter standards on what vegetation is allowed and the design and construction of the house. All the people involved in designing and building a new house, including the Council now have a duty of care to comply with these overlays. That's where Public Liability fits in.

........old building which has been turned into a History Centre, and in this history centre is a section of that old building, which as everyone except the Captain knows, was pulled down in 1972. It wasn't Turbo's house, it was to be the Moorabbin Opera House. The Councillors copied Sydney  in designing an Opera House, but the difference was they didn't hire an architect, and the result was what often happens when you build a building and let a builder design it instead of an Architect. Thousands of letters were written to newspaper editors over the years and it became known as Bowell House. The Moorabbin Council never had an opera in it because all the Opera singers politely refused to sing in a stomach. It saw reasonable success as a rock venue, but its main use was for Council retreats where Councillors would debate bright ideas like narrowing Beach Road. It was demolished in 1999 after one of the Councillors suggested that if it caught the Y2K bug it could grow. An injecting room has since been built on the site, bringing it to life. Turbo is not concerned that once again the Captain has his facts wrong; we know only too well that this is a medical issue and he can't control.....

Yes Turbs, I reckon we are referring to the same incident. What do you mean about " a procedural decision not to drive in and up to the aircraft?"

 

I can’t remember, but it was discussed at length on this site. You may find the posts in a search

Turbs, I really do appreciate your legal knowledge and have reluctantly come to see your point of view quite often, for example with the litigation stuff.

 

But I really am convinced that most crime, by far, is committed by governments. Of course they own the legislature and so can deem their crimes to be legal. 

 

Take tax as an example... if anybody else did it, it would be the criminal act of " demanding money with menaces ". Yes you can justify tax as a necessary evil, but what about waging war?

 

As a taxpayer, I reckon that I am funding most of the illegal drug lords via centerlink cash to addicts. Not to mention funding overseas armament lords...  gosh, 100 billion for useless submarines.

 

And what about destroying the planet? We are going to be failed by the very governments we "trust" to save us. 

 

Here's what is scary...  our government here in Australia is probably one of the better ones. Better than the British have for sure, I think they would have killed my grandfather for being one of those undisciplined Australian soldiers who mucked up their enjoyment of ww1.

 

There used to be a saying "I wouldn't be dead for quids; but of course the people who said that all are.

Having studied Sociology, it's fascinating to see that an invitation from a Senator to provide grass roots information to "get it right" in a Bipartisan Committee which will eventually analyse and provide what they were told to the Government, Opposition, minor parties and independents, could result in.

• Virtually no comments about your Association not participating on this forum to canvas all the thoughts you might have to improve Recreational Aviation; in fact one person even thinking he was in GA.
   
  
• No comments that this process was bypassing CASA and going straight to the horse's mouth - you.
   
  
• A string of comments criticising the body issuing the invitation to RA to come up with a wish list of improvements.
   
  

As far as your comments on the government are concerned I agree with most of what you said, and I know at least three people who left the country in disgust to go another country they'd decided was  good. They all left those countries and went to other countries and some of them have been doing this for 30 years; it doesn't pay to get too close to the black hole and look over the edge or you'll get depressed, but out of it all we are the 13th biggest economy in the world even though we're only the 55th biggest in population, so we're smarter and better off than most.

I can understand that different people in different places can look out and see the government in qute a different light.

........e

And he said to the RSPCA man  "enter, but having entered thou shalt never return, and thou shal from henceforth after entering carry a burden, no man should have to carry; Captain's weekly rubbish bin, and inhale an odour no man should inhale; Captain's BO and the Phenyle he uses as underarm deodorant, and....." but the RSPCA man had left the building without looking back....

Sweeping statements belong in the broom closet; I take it you haven't had much interface with the people who make up governments.