Tasmania: $200 Million Lawsuit Filed Against Domestic Violence Law
A group called “Juries Against Illegal Laws” (JAIL) has filed a $200 million lawsuit against the Tasmanian (Australia) Family Violence Act.
According to Sir John Walsh, who is representing the group, “The legislation, and the way it is enforced, is contrary to human rights and to international law as accepted by Australia.”
Excerpts from the article are below.
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Violence Law Faces Challenge
GILL VOWLES
Tasmanian Mercury
March 14, 2010
A TASMANIAN group has filed a $200 million class action against Premier David Bartlett and the Director of Public Prosecutions.
It is believed to be the first Australian class action against a law.
JAIL (Juries Against Illegal Laws) filed papers with the Federal Court of Australia on February 4 claiming that the Family Violence Act 2004 (Tasmania) was invalid.
The group is claiming $200 million in damages under Section 46 of the Australian Human Rights Commission Act.
JAIL is also seeking an additional $200,000 in damages for unlawful assault, trespass, negligence, conspiracy to cause economic loss, intimidation and defamation.
The writ further seeks an order that the Tasmanian Government and DPP Tim Ellis cease to engage in arresting people without proper evidence or procedures, giving police judicial powers, denying people the right to a fair and proper hearing and usurping the proper role of the courts.
Source: http://www.themercury.com.au/article/2010/03/14/133845_tasmania-news.html
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Stumble It!
Shouldn’t that be $2, 200,000?
Not before time!!!
As an ex Police Officer and victim of false Domestic Violence allegations it is great to see a stand being taken finally.
Northern Territory is similar in its laws with Orders being taken out on statement alone and no supporting evidence.
It also allows hearsay on the part of the alleged victim but not the defendant.
These laws are a recipe for disaster and are simply an easy out for authorities instead of investigating the allegation at hand.
These laws have destroyed many families, especially children and ned to be amended.