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Time for review hearings? Unfair and unjust decision made by Fairway Resolution Limited

#1 User is offline   Battleaxe 

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Posted 03 February 2015 - 02:02 AM

Hi everyone, I've read everything I could get my hands on about Fairway Resolution Limited's role in review hearings and cannot find any mention anywhere, not even in the ACC Act, of how long a review hearing should be.

Fairway Resolution are bullying me. They originally agreed to my request that all of my 5 review applications would be heard separately, and in order of their application dates. They also said they would allocate 1 1/2 hours for each. Now today they've advised me that they've lumped 3 review applications together and that they've allocated 2 hours for the lot. There is NO way that I could fairly or reasonably put my evidence and submissions across at review in 1 hour for one of the review applications, let alone 3 review applications. I called them but they told me they cannot talk to me, I must e-mail them, and when I insisted that I be put through to a supervisor the call taker terminated my call, then she lied about doing this and claimed the line cut off.

Other than arguing the principles of natural justice, what suggestions do you have for this situation? I had a review with Fairway Resolution Limited at the helm about 10 months ago and they allocated 1 hour for that one application alone, however, even then I did not get my submission finished and never got to submit any evidence. This time round I want witnesses to testify as well (at least for one of the review applications). I was told I had to stop speaking half an hour after I started reading from my written submission, and then was not allowed to say pretty much else before the review ended. I'm determined this will not happen to me again.

Anyone know of any rules or guidelines that ought to be followed with timing of review hearings. I do not trust ACC or Fairway Resolution Limited possibly saying something along the lines "well if you need extra time we can discuss this on the day" as I know that there will be no returning on a later date to complete my evidence presentation and/or verbal submissions.

Any advice would be very welcome. Thanks.
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#2 User is offline   MINI 

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Posted 03 February 2015 - 12:36 PM

View PostBattleaxe, on 03 February 2015 - 02:02 AM, said:

Hi everyone, I've read everything I could get my hands on about Fairway Resolution Limited's role in review hearings and cannot find any mention anywhere, not even in the ACC Act, of how long a review hearing should be.

Fairway Resolution are bullying me. They originally agreed to my request that all of my 5 review applications would be heard separately, and in order of their application dates. They also said they would allocate 1 1/2 hours for each. Now today they've advised me that they've lumped 3 review applications together and that they've allocated 2 hours for the lot. There is NO way that I could fairly or reasonably put my evidence and submissions across at review in 1 hour for one of the review applications, let alone 3 review applications. I called them but they told me they cannot talk to me, I must e-mail them, and when I insisted that I be put through to a supervisor the call taker terminated my call, then she lied about doing this and claimed the line cut off.

Other than arguing the principles of natural justice, what suggestions do you have for this situation? I had a review with Fairway Resolution Limited at the helm about 10 months ago and they allocated 1 hour for that one application alone, however, even then I did not get my submission finished and never got to submit any evidence. This time round I want witnesses to testify as well (at least for one of the review applications). I was told I had to stop speaking half an hour after I started reading from my written submission, and then was not allowed to say pretty much else before the review ended. I'm determined this will not happen to me again.

Anyone know of any rules or guidelines that ought to be followed with timing of review hearings. I do not trust ACC or Fairway Resolution Limited possibly saying something along the lines "well if you need extra time we can discuss this on the day" as I know that there will be no returning on a later date to complete my evidence presentation and/or verbal submissions.

Any advice would be very welcome. Thanks.


Battleaxe

I know from a case of my own that DRSL can adjourn a case and bring it back at a later stage.

Personally I do not like this as it enables the ACC person present to gather you evidence and talk it over with ACC legal before they get back to the second review.

The ACC representive also had changed her submission and put her new on in at the second review with no time given for me to submit mine before the hearing. This put ACC on a very clear advantage.

This advantage flowed through to the appeal where when I appeared with the documents as evidence, it didn't sway the Judge to comment in my favour. He didn't even mention it and also that two of the same submitted 'transscripts' were not identical. They were changed. The typists would have to have a very good reason why that should not be called fraudulent.

I use review just as a stepping stone to the court. Why, because, in instances they are very unreliable and so easy to prove wrong. But do the Judges take any notice of their wrongness, well I expect that depends on who you get on the bench.

Read the Review information in the Act. That will give you an idea of the things they are supposed to do and the things they are not allowed to do.

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