Posted by: daviemacdonald | August 18, 2011

A Fire Fight or 2


I thought this was  going to be one of my most thinnest and content poor posts I have done. However on review I am quite pleased

This blog like the last has been a long time coming. The  reasons are many and I can write that it is frustrating with so much to post about world events Libya, Syria, East Africa (Cote d’Ivoire) Global warming, The US and EU Financial crisis, and the London Riot where the ignorant speculation from Australia is way off the mark as I suspect it to be in the UK itself.

politicsThe World is in a parlous state. Our public services workers in NSW especially our Health Care Professionals and Emergency crews are under threat of wage cuts and longer hours. See further down a short piece on the Fire Brigades Employees Union who are taking a leading role in the defence of workers conditions.

The main post I am working on at the moment and researching is on the London and UK Riots and one on Oslo. Though I make passing comment on both here.

These will be up over the weekend. I am also compelled to post something for the Voiceless and the obscenity of Australia’s Live Animal Export Trade!

books, reading and poetry“It is the role of the strong to speak out for the weak that have no voice”  Dietrich Bonheoffer

 

Those who are familiar with my work to date know that what I write is lengthy, researched and thorough. I don’t seek approval for what I, write just acceptance that I pose views most often of the minority

You can find examples of those alternative views if you flick back through my blog. Posts include Libya, Syria other events in Africa; Bin Laden’s death, US foreign Policy and NATO adventuring.

My lack of blogging recently is due to a couple of ongoing events that have taken up again valuable personal time.

law & money

Number 1 on the list is a legal matter. Not this time my family law property dispute but an event that is related and has impacted enormously on the effectiveness in dealing with that matter. It has absorbed swaths of valuable time. I will expand on this at the end of the short news pieces below.

London Riot

I am writing it from the point of view of a young person once in trouble with Plod (Police) a person who then started as a “tea Boy” Office Junior in a Law Firm who handled a matter of a physical disagreement with some young Cops. My lads with whom I am now back in touch after over 28 years never knew about this side to me.

But first have a look at these images

See anything wrong either when looked at separately or when compared together?

1 Woman in Fire

3 Image

Very suspect the 2nd shot shows a dress the last it has gone. The first it’s not there at all and the scale of the jumping woman does not correspond to the people in the street!

What is my connection with all this? Why my interest?

I was first a part-time youth worker and then Senior Youth and Community Worker on the Pepys Estate in Deptford London, a person who played a significant part in the establishment of Safe Neighbourhood Units throughout the UK and a person who was asked (though by then over age by 2 years in 1982) at the time to join the Metropolitan Police as a copper with an emphasis on Community Policing. This came after my liaison experience in the Lewisham Riots 1977 other later flashpoints and my community work in Deptford.

I am curious to know what a certain Australian National University criminologist Damon Muller would make of it…

Perhaps as a prelude you might care to explore the extensive amount of tweets and face book entries I have made on the subject of the Riots over the over past week.

 

politics

Libya

Tripoli Blasted again

Obviously I have been very silent on this with my focus on my law matter. It is clear to all who care to take their heads out of the Libyan sand that for good or bad Gaddaffi obviously enjoys the support of the majority of Libyans after 6 months of Civil War.

It may be confined to Tripoli but it is the centre for almost half of the population

If you consider the sovereign state has been under constant bombardment by NATO for over 6 months it is remarkable that they continue to fight on. If you also consider the blockade no obvious supplies of outside arms his munitions arsenals destroyed it is remarkable that the Libyan people are able to fight on.

Obviously Gaddafi enjoys support from a great % of the population.

It’s time the world woke up to this. The Libyan rebels have no legitimate basis to be recognized as the government. They disbanded the interim Council on a whim. Who democratically elected them?

The UK French Italian governments recognised the Interim Council; now disbanded so they can release to the rebels the Libyan funds so the rebels can pay for 5  months of Bombs.

Whats in Store for US after Gadaffi ?

Syria

To describe the opposition as protestors is rubbish. The fact is there is an organised armed insurgency going on and a look at any map shows that all the areas where there are disturbances are close to hostile borders.

Hostile surrounds

Are the Turks positioning themselves as a part of NATO to attack Syria when it is sufficiently weakened by the internal conflict? Not yet because there is the matter of Libya that NATO has to finish first. If the Turks go in now the whole matter would end in disaster. Hence the renewed push by the Libyan rebels.

One of the complications in Syria will be Hezbollah and the Palestinians who are supporters of Assad. Perhaps we will see another adventure by Israel to forestall any support by Hezbollah for Syria. I need time to do a closer examination.

What you can see the entire area is a tinder box It is also why the so-called Egyption revolution will remain incomplete so Israel does not have the threat from its southern neighbour. You will recall I never supported the notion that there was a revolution in Egypt See my blog articles

 

 

Syrian disturbences

 

Oslo

Norwegian Labour Party

Those who follow me on Face book and twitter I posted the link to Anders Breiviks Face book Page. Face book after just a few hours decided not only to take down his page my link to it but also to remove my comment about the content of his FB

How democratic. What did his Face book reveal?

It revealed an obsession Modern Warfare 11

He listed his interest as including Hunting (voiceless animals), Shooting in isolation from just hunting

Of himself he said he was a Conservative Christian

He was fascinated with watching Dexter.

One of the saddest things about Oslo  is tremendous loss of young labour and socialist talent for democracy.Any of these children below could have been yours.  This picture was taken the day before the shooting.

Utoya Labour Children

What few have considered on a population to population basis the number of people lost in Oslo from the Norway is the equivalent to the 3300 lost in the twin Towers Manhattan.

His well-planned and coldly executed massacre of 94 of his countrymen was, as he saw it, a blow against the policies promoting social inclusion and a recognition of a diverse multicultural society promoted by the labour-leaning government.

see the next post over the next day for more information

When I commenced the journey of fighting for my right to remain in [my] home that I had contributed to significantly financially and non financially I engaged a Lawyer as you do. This lawyer from the get go [now]in my opinion proved inept, lacking knowledge and was completely incompetent in the area of Law to wit they claimed expertise.

NSW Fire Brigades  (They’re fighting for you)

In Solidarity and as Citizen who can sleep at night and at ease because of the fine work these men and women do for us I thought I should write something about the struggle out fire-fighter are facing in New South Wales

Did you know that fire-fighters start their working lives as the most healthy of the population but after 5 years of service and exposure to the toxicity of fighting fires and clearing up Hazards they face increasingly poor heath

Firemen on the March

With the NSW Liberal Government, under Barry O’Farrell, now refusing to lift the restrictions on the rights of public sector workers in NSW, it’s time to step up the campaign.

Throughout NSW fire-fighters, delegates, and union Officials have joined dozens of community rallies, as well as meetings with MP’s and local councils.

music“They’re fighting for you” The music video

The next step is the 2nd major rally to be held at NSW Parliament, by NSW Unions, public sector workers, and community members.

In this  NSW public sector campaign against Barry O’Farrell and his NSW Version of Work choices; workers have to blunt Max the Axe

Rally details   Thursday September 8, 2011

1. FBEU Assemble St Mary’s Cathedral/Square 1130hrs

(Other Unions meet at Domain)
2. FBEU Speeches then march to Parliament 1200hrs (Meet with other Unions)
3. Parliament Speeches main Rally 1200-1230hrs
3. All Unions march back to Hyde Park 1230hrs

Fire Appliances  park in College St.This rally will be bigger than the last one of over10,000. At least 2-3 times So come on down social and community commentbring your family, bring your station crew. Community supporters are welcome.

I might suggest bring water pistols to fire at any opposition but that might land me in Jail for sedition like my Grandfather in the General Strike so ignore that idea. I want to march with my class brothers and sisters:-)

Twitter and Domestic Violence

I believe I may have been successful in having Twitter remove the hashtag#reasonstobeatmygirlfriend

I wrote to our Attorney General Robert McClelland and to a Legal activist who is expert in internet Law who in turn wrote to Twitter.

The point I came from apart from obviously opposing domestic violence would twitter allow a Nazi slogan to trend? Would it okay to have hash tags #killobama? Would it allow #mocking 9/11 victims…NO …..so why condone domestic violence?

So why support domestic violence? Since I don’t use this hashtag I can’t be sure it was stopped from trending.

One issue I have with twitter is on a personal note whereby not only my ex partner engaged in denigrating me in this public forum but they did it do it still behind the screen of anonymity

In my book this is also a form of domestic violence Yes they are female and I am a male but the attacks were then and still remain a form of violence.

Another party also anonymously (to me) engaged in the tittle tattle of denigrating me and also using the direct messaging system hurriedly locked his tweets when I was catching up to him wrote to my ex partner “have locked tweets as a possibly to late precautionary measure”

Precautionary measure against what Mr DM

Family law Courts Sydney

Now back to my legal stuff All the above is of far greater importance but I have some getting off chest to do.

My principal aim was to secure for a period my place in my home while I found an alternative home perhaps in Canberra, a job and some further time to recover more fully with my spinal injury. I had also been ill not that anyone realised for some considerable time as my body as I was to find out in November 2010 had started to reject my eye socket implants. At first in September I was treated for TB with massive amounts of antibiotics for 3 months as co incidentally I carry the [dormant] infection.

Its the Law

With marginal improvement by chance it was found my body has said enough the implants and had caused me a range of side effects. Night sweats, coldness, weight loss constant attacks of double vision caused by the socket forcing more and more my eyes minutely in opposite directions.

So all I needed in hindsight was time. As you may be aware this was not given so in the process moving a household of furnishings  I again damaged my back only far worse than before. The result being I am now registered with a disability

This solicitor’s desperate and bull-headed though weak approach to all the above property issues over several unproductive months finally made me realise or at best believe the solicitor lacked sufficient knowledge of this area law to continue to represent me.

I am cautious of what and how I write simply because the matter is before the appropriate State Law Society. Though they do hold a view that anyone should be free to write lies about anyone else under the guise of Freedom of Speech.

Why should I worry you may ask if indeed that is what they believe then it follows I should be able to write name and shame as I wish.  However I would rather wait until I get the just result I deserve before doing that. It which event it will be published in the mainstream media.

pic

Extra Extra

It makes you wonder if any solicitor should be practicing in an area of law where it is as I understand the ethos was intended to reduce conflict, not inflame it and certainly not to waste a clients money. Obviously there must be other lawyers out there who do not have the developed skills in mediation, negotiation and balls to stand up to their opposing ‘friends’.

To make matter worse my lawyer did not listen to me, follow my instructions from day one, explain anything to me or inform me if she was completely out of their depth which in hindsight it now appears she was.

The result is I have filed an extensive complaint to the appropriate Law Society to wit they responded. Almost a month enough was spent on my reply gathering up evidence to their response. It had taken up considerably more time than I expected.

Over 3 weeks was spent to produce a document of response that is over 30 pages and supported by annexure of supporting *written evidence over an inch thick. Much as I would like to I will for now refrain from highlighting any of that evidence.

This document was presented over the weekend and it is an amazing relief now it is filed. I wait confidently but anxiously also for the next step.

On the positive side the exercise has enabled my new Lawyer to gain a far better grasp of the original family property dispute to which we can now return our aggressive attention to. Yes I mean aggressive as in peruse hard.

We have perfected our working relationship and understand each other’s foibles; I think J  It has also given me a thorough knowledge of my own evidence and written material of almost 6 years Most of it written by the other party and have now got it organised and filed accordingly.

The matter filed with the Law Society has been a good practice run though in that matter my affidavit alone will be well over 70 pages and if using the other complaint matter as a guide where most of the supporting evidence was only a little over 6 months the material in my Property Law affidavit will be covering a period of almost 6 years.

Seriously the written evidence of annexure to be attached to my affidavit will probably be seriously couple of feet thick.

Though probably we will save the  mass of the evidence  for any court hearing and so perhaps we will only include with my affidavit such material as proof to my claim and to file the action.

These matters are not cheap but my determination is such I am fully expectant that it could cost me $50,000 and I have budgeted accordingly. Should the matter go to court I will instruct a SC Senior Counsel otherwise known in previous times as a QC.

In this family property matter as the other side have declined to mediate they will have no claim to recover their costs from me in the event I should not be successful; which is unlikely. In matters where the parties’ positions appear irreconcilable, smart parties engage a highly experienced Barrister Mediator, to whom both parties comprehensively present all facets of, and support for their respective positions.

stupidIn search of stupidity

After comprehensive deliberation, the Barrister Mediator will give their advice on the Family Court’s probable decision, with comprehensive explanation for that advice, allowing each party to contemplate that advice for possible resolution. But no in search of stupidity you don’t have to further than the other side

The legal cost in mediation is 95% less than the alternative of a Family Court determined settlement; and one in which the Barrister Mediator feels more accountable to the parties than is a Family Court Judge.

My only decision is in what Jurisdiction to file my matter. There are pros and cons to file the application in either the Family Court or the District Court. In the later I will if successful be able to claim all my costs on the other side. Since there are no children involved the District Court will do and since the other side again refuse to mediate I will most likely win costs. In the District Court our thrust will be based on 1)deception by the other [defacto] party and my proven financial and non financial contributions to the home. In the District Court we are not put to prove the nature of the defacto relationship.

In case you wonder the core of the other side’s resistance is that we were in a casual relationship though we lived together for many years in excess of the minimum of 2 years.

No doubt the other Solicitors will have their attention drawn to this post and mine will probably kick my ass but I have nothing to hide and I am not revealing anything they don’t know.

My adversaries must think they hold a smoking gun and if it’s what we believe it is 1) it won’t apply in the jurisdiction of the District Court and to rely on it in the Family Court is purely a game of chicken and my material evidence to squash is overwhelming and water tight. Hence why I believe my claim will be successful.

As I’m in the right (win or lose) I have no fear anyway. It’s like boxing if you believe you are going to lose you most probably will If you are not prepared to be hurt in the process or accept it could hurt badly or you may indeed lose you shouldn’t step into the ring. My ex knows me well and so she will confirm what I say about myself is true.

I reckon we should have my application filed within the month. Mark you a few weeks away from the legal jostling is great

In the meantime I am working on the London Riot post which should be up in a few days.

musicTo finish on a lighter note and I expect my friends will cringe but I had to put this up. Its bourgeois but its class and I really like the music

http://www.youtube.com/watch?feature=player_embedded&v=Ts5aEt40o28#!

Advertisements

Responses

  1. Hi there, Thank you for this brilliant article! I will save A Fire Fight or 2 escalator over the hill. Many thanks.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: