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Advocate has court case against your consent

#1 User is offline   greg 

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Posted 07 May 2008 - 10:01 AM

Just found out an advocate has been to court claiming to be on my behalf. I instructed him firmly no.

Rather think this is more about the advocate payments as another case also failed on a similar point.

This the same guy who decided to review a decision without my permission.
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#2 User is offline   Not Waddie 

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Posted 07 May 2008 - 10:06 AM

The person should not be acting against your instruction. I suggest you write to the Court and advise them that you are not appealling the decision. As an aside, the Court does not award costs for representation unless the appeal is successful.
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#3 User is offline   Witchiepoo 

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Posted 07 May 2008 - 10:06 AM

WTF ???? Elaborate pse Greg ? This is outrageous ....... and fraudulent !
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#4 User is offline   Spacecadet 

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Posted 07 May 2008 - 10:56 AM

It would help to know who this so called advocate is. This practice has been exposed previously.
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#5 User is offline   greg 

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Posted 07 May 2008 - 01:37 PM

I will contact ACC shortly to confirm if he was my legal advocate at the time and if ACC contributed to his financial costs
in any way. .

Please wait until I check out the truth behind this judgement and then I will post 4 all to see.
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#6 User is offline   Not Waddie 

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Posted 07 May 2008 - 04:36 PM

View Postgreg, on May 7 2008, 01:37 PM, said:

I will contact ACC shortly to confirm if he was my legal advocate at the time and if ACC contributed to his financial costs
in any way. .

Please wait until I check out the truth behind this judgement and then I will post 4 all to see.


It si irrelevant about the authority to act because the "act" bit in on the client's instruction. You say an advocate lodge an appeal against youtr instruction. That would be silly. There is a lot of work involved in preparing submission, bundle of documents etc with the risk that no costs are awarded if unsuccessfull. The advocate would have to be a nutcase. Perhaps you can just provide a link to the decision out of interest. It all seems rather bizarre.

If there is a rogue advocate then I would like to know. If its a load of bull, then I would also like to know.
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#7 User is offline   greg 

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Posted 07 May 2008 - 06:32 PM

I have tried the PM . system try to PM me greg
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#8 User is offline   MINI 

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Posted 07 May 2008 - 08:20 PM

Whew Gregg big sigh of releif. No award of costs against apellant.

OK presuming that you know what a hearing "on the papers" means, then it is actually possible for a lawyer to take this action without your knowledge as I guess all the paperwork from ACC would be going to the lawyer not to you, concerning the necessary information.

One would think that somewhere along the line someone would need your signature for something. Maybe the lawyer was hoping for costs if he won and thought chance of winning was quite high, so just ploughed on with both cases.

Non Waddie in this area, so he would know best what to do about it.

Complaint to Lawyers Committee or whatever I should amagine.

I have one 'on the papers' at the moment, but because I do the legal stuff myself, I get to see every move that is made by the Crown Law Office, even have a say every now and again. And besides Crown Law Staff have to live up to a mighty high standard of professionalism, so I don't think have any worries, apart from the fact that am up against some of the best!!!! Yee bloody Haa!!

Anyhow keep us informed eh?? and hope you sort it

Cheers
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#9 User is offline   doppelganger 

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Posted 07 May 2008 - 09:17 PM

this is what is really sponging off the system. Taking appeals to get paid for so to make a living.

I'm sure that there is someone to complain to.
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#10 User is offline   Not Waddie 

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Posted 07 May 2008 - 10:27 PM

The protocol is you advise your client, which usually will include a recommendation, then act on their instruction. If Greg didn't instruct the person to appeal the review decision then no appeal should have been lodged.
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#11 User is offline   flowers 

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Posted 08 May 2008 - 12:13 AM

Anything is possible in ACCland!
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#12 User is offline   MINI 

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Posted 08 May 2008 - 12:04 PM

And besides that it is not unusal for a injured person to not appear in court with the lawyer!!!

The mind boggles. If this was proved it would sincerely make an arse of ACC proceedures to allow this to happen and the court of course!!!

Keep us informed Gregg.

I will find the name of the Legal authorities to complain too.

Try by first asking the other case claimant if they knew anything about theirs.

Cheers
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#13 User is offline   Spacecadet 

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Posted 08 May 2008 - 12:20 PM

This is the same scam that "ACC Union" were up to. Some forum members will recall the details, but yes it has happened before.
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#14 User is offline   Not Waddie 

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Posted 08 May 2008 - 12:36 PM

Review correspondence is copied to claimants so they should be aware of a review application. However, Court correspondence goes via the representative.
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#15 User is offline   MINI 

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Posted 08 May 2008 - 05:11 PM

Likewise BoHo

I have mine e-mailed and sent.

Can't be too pedantic eh???

Not when money is involved

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#16 User is offline   greg 

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Posted 08 May 2008 - 05:30 PM

The emails have been located "not to continue". Where would I stand if costs were awarded against me?.
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#17 User is offline   Spacecadet 

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Posted 08 May 2008 - 05:53 PM

View Postgreg, on May 8 2008, 05:30 PM, said:

The emails have been located "not to continue". Where would I stand if costs were awarded against me?.

Rest assured; cost are never awarded against the claimant.
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#18 User is offline   MINI 

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Posted 09 May 2008 - 08:47 AM

I suppose it depends on your postal set-up.

Seems to be OK where I am in NZ.

Overnight to Wellington DRSL etc. Not too bad. Put a tracer on it and charge them for the trouble.

Local office I usually e-mail and hand deliver, get a copy stamped as received. If it comes to the Judge then they can see all.

Mind you the worst thing about this bullshit, is that it takes up all my life and leaves me no social life. Just to get what I am legally entitled too.

IT SHOULDNT BE THIS HARD!!!

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#19 User is offline   scared 

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Posted 09 May 2008 - 08:54 AM

I find a delivery receipt and read receipt put against any emails helps. Alot of systems say they will not do a delivery receipt but you get notification of that so it works out that even tho' it says "it" will not provide a delivery receipt for the email, that tells you the system got the email. As far as the hand delivered and stamped, we do that also and funny how the last request we put in for info in regards to our review never got actioned by ACC. still have the stamped copy done at he acc office tho' hmmmmm sometimes it doesn't matter how many hoops you go thru. They just don't want to provide the info and unless you make a big stink - you get ignored....
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#20 User is offline   MINI 

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Posted 09 May 2008 - 08:59 AM

Scared

At least you have the proof that you have done everything you were supposed too!!! Never mind their lies. They wont even try if they know you have the stamped document.

We can only cover our arses best we can!!

I am very quickly coming to the opinion that it is incompetence on some workers parts, not so much the trying to pull the wool over the eyes. So forever must be alert.

Cheers
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