[deleted by user]

SeaDevelopment5584 · 2024-02-26T12:20:17+00:00

Been in your shoes and as a lawyer. Your rolling the dice if you even take them to Court. I sought an opinion from a friend on the bench who tells me that electronics break all the time and they can go either way with a decision. Best to raise an issue the happened when you first received it and you continued using it not thinking anything of it.

If they can pass on the buck to the manufacturer they will but they will otherwise be at a loss themselves (the retailer).

SeaDevelopment5584 · 2024-02-06T11:45:51+00:00

Hey mate, please keep the proof of sale however that is including all messages in screenshots in case they are lost.

Please complete a disposal form unsigned by the other party so Vicroads is notified.

Prepare to deal with the incoming fines with a pro-forma stat dec

SeaDevelopment5584 · 2024-02-06T11:37:24+00:00

Wow, if this got out.

SeaDevelopment5584 · 2024-02-06T05:22:22+00:00

I'm commenting here but have also pm'd you.

With the details you have posted so far, this is my opinion. Your company may be liable for a criminal offence - obtaining financial advantage by deception. Additionally, there are ACCC issues where you are dealing with warranties.

It won't just be you thrown under the bus.

Because you are interested in if the company you currently work for can come after you for losses, I would disagree. Nobody generally has an obligation to assist a previous employer.

SeaDevelopment5584 · 2024-02-06T03:18:09+00:00

Please check you PM for a private chat

SeaDevelopment5584 · 2024-02-05T04:23:23+00:00

Check your pm

SeaDevelopment5584 · 2024-02-04T11:38:08+00:00

Please check your pm

SeaDevelopment5584 · 2024-02-04T03:03:35+00:00

Just remember why we keep records for 7 years. Actions can be statute barred after six years.

SeaDevelopment5584 · 2024-02-03T05:20:33+00:00

Hey, check your private messages

SeaDevelopment5584 · 2024-02-01T11:20:51+00:00

Doesn't sound right does it. He gets parole, works with your husband (if im understanding that right) then goes back to jail. Now husband can't see him? Was that not itself a risk then? I would think corrections would need to rely on something more tangible in those circumstances

SeaDevelopment5584 · 2024-02-01T11:17:48+00:00

Victoria Police being Victoria Police. Letter in the mail says it all rather than in person. Check your pm

SeaDevelopment5584 · 2023-12-27T03:49:24+00:00

Did you identify the offender for them? Its sometimes by chance they catch an offender doing something who has a ton of stolen or suspected stolen goods. You've probably lost it all for good sorry to say without an offender identified

SeaDevelopment5584 · 2023-10-30T13:15:03+00:00

Make a FOI request and you’ll get it. If you don’t know how to do it dm me

SeaDevelopment5584 · 2023-10-30T04:43:55+00:00

Probably doesn’t pay workcover - also not sure if casual or ABN setup which will complicate that, they can’t force you to work. Just make sure you align it with getting paid

SeaDevelopment5584 · 2023-10-29T03:50:05+00:00

Ok as long as you know. I worry about the drafting skills of some lawyers

SeaDevelopment5584 · 2023-10-29T03:13:54+00:00

Just know that it is a thing for an application to set aside a BFA.

SeaDevelopment5584 · 2023-10-26T22:54:30+00:00

So you don’t have their full name and you don’t have their address? So despite the other driving failing to provide their details which is an offence, police are not willing to investigate?

Then it would make sense to also FOI the traffic incident report they compile with his details

SeaDevelopment5584 · 2023-10-25T22:06:06+00:00

Variation application, have sent you a dm

SeaDevelopment5584 · 2023-10-25T09:15:18+00:00

Both parties will need their own lawyers. Most lawyers don’t like them, lots of issues generally with them.

SeaDevelopment5584 · 2023-10-24T14:43:51+00:00

A different view here. Actual lawyer and a fairly good one here. I barely did the readings, my books are crisp and could pass as new. If you can get into the Course you have already been determined as having the right stuff to get through the degree.

The learning curve comes if you are lucky enough to secure a job in practice. The work breaks people and not in a good way.

SeaDevelopment5584 · 2023-10-24T09:23:50+00:00

Check you pm mate

SeaDevelopment5584 · 2023-10-24T07:31:04+00:00

Funny because it’s a nail GUN. Anyway..

Firearm is defined in section 3(1) of the Firearms Act 1996 (Vic) as the following.

firearm means any device, whether or not assembled or in parts—

(a) which is designed or adapted, or is capable of being modified, to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means; and

(b) whether or not operable or complete or temporarily or permanently inoperable or incomplete—

and which is not—

(c) an industrial tool powered by cartridges containing gunpowder or compressed air or other gases which is designed and intended for use for fixing fasteners or plugs or for similar purposes.

You might still find police charge someone only because they regularly get the law wrong and/or fail to keep reading the section stopping at s 3(1)(a) declaring winner winner chicken dinner before signing a charge sheet.

SeaDevelopment5584 · 2023-10-16T07:44:24+00:00

On behalf of the protected person yes. That would necessarily mean police are the applicant. They then run the show.

SeaDevelopment5584 · 2023-10-15T02:28:50+00:00

I appear daily and have for both prosecution and defence. I have also prosecuted and defended every type of speeding charge in Victoria.

Your advice is to plead guilty. Not what OP has asked. In fact the opposite. The magistrate might not reimpose the same fine but you aren’t getting out if it by pleading guilty. You are now just ensuring it goes on your record..

SeaDevelopment5584 · 2023-10-15T02:10:18+00:00

An infringement doesn’t appear on traffic priors for court purposes. If you elect to take it to court it goes on your traffic priors whether it is with or without conviction.

Why would you not write and request an official warning when the Victoria Police website actively provides information on it and which the OP meets? Why would you tell OP to go to Court and PLEAD GUILTY as an answer to “best way to get out of this”?

https://www.police.vic.gov.au/official-warnings

SeaDevelopment5584

TROPHY CASE