You can think what you like about our legal system and how Australia has become, but that won't stop someone dragging you into court if you do the wrong thing. If you do the wrong thing, it doesn't matter a jot why you did it, whether "you" think it was a fair action, or how you justified it to yourself. You might not want to muck about with courts or lawyers... until you have no option.
Legal advice please
- Thread starter Simon
- Start date
You can think what you like about our legal system and how Australia has become, but that won't stop someone dragging you into court if you do the wrong thing. If you do the wrong thing, it doesn't matter a jot why you did it, whether "you" think it was a fair action, or how you justified it to yourself. You might not want to muck about with courts or lawyers... until you have no option.
Yes I agree it's a sad state of affairs.
Quick, lets all criticise our legal system before actually determining what the law is....
...seriously?
A quick look at the austlii link shows that there is a fairly reasonable process for disposal of abandoned goods.
Access to justice is another issue though, and I agree its disappointing that its not easier for everyday people to get cheap and quick advice on everyday issues.
I wasn't bagging the legal system as such (though I'm fairly bruised by it just now, and less than impressed with the justice it provides in some cases) but more pointing out that acting on the assumption that what Simon thinks is right, or is advised on an internet forum is dangerous. I'm suggesting he get legal advice before acting, is all.
I just wonder if a live-in partner's items fall into the definition of "abandoned goods"? It is not like a tenant's things where you cannot relet the house without actually doing something with them. Simon has stored her things for a year, and enough is enough, but the last thing he needs is to find he has sold, dumped, burned or given away things when he might have no right to do so.
People break up and leave people all the time.
The person leaving usually takes what they want (or comes back soon after, or at the very least makes some inquiries about it) and leaves what they don't.
In this case I would not have emailed and would have claimed I assumed the property left behind was left to me/mine. That's if she could be bothered taking it to a civil court (remember she can't even be bothered coming to pick it up).
I personally wouldn't be losing sleep over this sort of situation or the fact that I could be sued over some low value items.
The person leaving usually takes what they want (or comes back soon after, or at the very least makes some inquiries about it) and leaves what they don't.
In this case I would not have emailed and would have claimed I assumed the property left behind was left to me/mine. That's if she could be bothered taking it to a civil court (remember she can't even be bothered coming to pick it up).
I personally wouldn't be losing sleep over this sort of situation or the fact that I could be sued over some low value items.
It's one thing to take someone to court and get a ruling; quite another to get them to honour the ruling.
Exactly.
And you just launch your own counter-sue to piz.z them off if they do sue.
When we had our B&B, we ended up in a dispute over water use from a dam in the next door neighbor's property.
Basically; we had the rights to use the water, which was a hangover from before all the land was subdivided and sold off. The new owner bought the land for a horse stud, and din't know about the water rights ruling.
So, she sued us. We got a letter from her lawyer.
I called my guy, who wrote a letter back.
And then the ping-pong began. The $ were racking up fast.
We had never met this silly chick at this stage. So, one day I saw her drive past our place, down to her property, and I walked down and introduced myself, and she nearly died of fright (I am ugly, but not that ugly!).
I said; "This is bloody ridiculous; these lawyers are playing us both off against each other. Let's nut out our own deal and get rid of these pr.i.cks and save ourselves from going broke."
And we did.
And you just launch your own counter-sue to piz.z them off if they do sue.
Yep, this.
You counter sue for items of yours that they took when they left.
Case dropped.
Sorry been offline.
I'm not back home for another couple of weeks.
I have decided to go see an uncle of hers that lives nearby. He is a retired minister and a reasonable fellow. A very nice man. I don't have the heart to dump it on his driveway, he is just in a tiny townhouse.
I doubt any of her family know she disappeared with a married co worker behind my back. From reports she has been telling folks she was a victim in all of this. Part of me wants to let them know the truth and that may well come out if they aren't cooperative with me.
Her parents live a distance away. I don't really want to be dumping stuff on them. Nice people and not well.
Quite a soap opera isn't it.
I'm not back home for another couple of weeks.
I have decided to go see an uncle of hers that lives nearby. He is a retired minister and a reasonable fellow. A very nice man. I don't have the heart to dump it on his driveway, he is just in a tiny townhouse.
I doubt any of her family know she disappeared with a married co worker behind my back. From reports she has been telling folks she was a victim in all of this. Part of me wants to let them know the truth and that may well come out if they aren't cooperative with me.
Her parents live a distance away. I don't really want to be dumping stuff on them. Nice people and not well.
Quite a soap opera isn't it.
ta!
exactly! unless the stuff is really expensive stuff, putting the shoe on the other foot,
she also has to find a lawyer and sue if she were to be difficult,
and im no lawyer but how does a judge judge against sentimental stuff? eg photos of relatives etc. etc.
as for people saying, if its not too much effort he should box it up and drop it off!
playing devils advocate thats also stupid, why should someone who is getting abused and no appreciation, let alone obligation have to do all of this,
and at the end said person gets all their stuff back after being a total moron!! what kind of lesson does that teach our kids or dumb people?
I would simply say, somehting along the lines of, you have 24-48 hours to remove all of the stuff, or its going into the trash, (if its big stuff, then say, it will cost $200 to dispose of it) any costs associated will be fwded to you (which is hard to enforce obviously, but making them aware is a start)
It's a sad state of affairs when something so stupid and so easily resolved needs to result in legal advice. If Simon were to simply dump the goods, then he's probably opening himself up to a lawsuit despite repeated attempts to do the right thing.
Certainly the law exists to ensure that everyone is treated equally and correctly, but this doesn't always equate to fair and reasonable. Imagine what Judge Judy would say if this appeared in her courtroom.
The weather's looking nice this weekend Simon, just go diving.
Certainly the law exists to ensure that everyone is treated equally and correctly, but this doesn't always equate to fair and reasonable. Imagine what Judge Judy would say if this appeared in her courtroom.
The weather's looking nice this weekend Simon, just go diving.
I reckon that's being far too kind.
agree, but based on my legal knowledge (thanks judge judy), it wouldnt surprise me if the argument can be used that she as given no notice,
I reckon JJ would give her a kick up the @rse (figuratively speaking), make her pay Simon, then scream at her; "Get the hell outta my Courtroom, you miserable selfish wench!"
JJ is a classic.
I'd love to see teachers be able to act like her - towards the smart@rses in the schools, too.
And when the parents come down for a sook about how their "Little Johhny" has been treated (deserved it of course); they should be able to give them the what for as well.
Last edited:
It will be his problem because he would be contracting with the storage company....
