Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #38

[Karinna]

With all due respect, Karinna, it was you who suggested referring to a moderator. Please see. Your post #922.

I was asking a question in a respectful manner. IMO, and m
Not at all trying to be inflammatory. Simply asking for clarification as per your post, with all due respect.

I suggested asking a mod. because as far as i know it's not against TOS to delete posts.

 

[Karinna]

Just what I said.

So nothing much? A Directions hearing is important or not?

 

[Bohemian]

So nothing much?

I don’t understand what you mean. Please explain. TIA.

<rsbm>

A Directions hearing is important or not?

ETA: it depends. William’s foster parents and their legal representative were there, if that means anything.

 

[purpleandgreen]

JMO. A lot of MSM articles are no longer available with google. Maybe read back in the threads?

That’s ok. So it’s just opinion then. No worries at all and thank you for your reply.

 

[Karinna]

That’s ok. So it’s just opinion then. No worries at all and thank you for your reply.

You're welcome.

 

[Karinna]

I don’t understand what you mean. Please explain. TIA.


ETA: it depends. William’s foster parents and their legal representative were there, if that means anything.

Okay i will rephrase it, what is the relevance of a Directions Hearing?

 

[Bohemian]

Okay i will rephrase it, what is the relevance of a Directions Hearing?

From Coronial matters [p50-180]

‘[a] directions hearing is desirable to sort out any interlocutory issues or controversies, to outline, if appropriate, the coroner’s list of issues to the interested parties and to set any ground rules the coroner proposes for the conduct of the hearing: s 49 provides that a coroner may issue case management directions. This will help the coroner estimate the likely length of the hearing.’

 

[SouthAussie]

From Coronial matters [p50-180]

‘[a] directions hearing is desirable to sort out any interlocutory issues or controversies, to outline, if appropriate, the coroner’s list of issues to the interested parties and to set any ground rules the coroner proposes for the conduct of the hearing: s 49 provides that a coroner may issue case management directions. This will help the coroner estimate the likely length of the hearing.’

Maybe Karlie will get to the inquest. Isn't Brendan back in jail? ... or maybe it is just a new restraining order against him from his mother that I am thinking of. I think that lad is becoming a bit institutionalised, unfortunately.

 

[Bohemian]

Maybe Karlie will get to the inquest. Isn't Brendan back in jail? ... or maybe it is just a new restraining order against him from his mother that I am thinking of. I think that lad is becoming a bit institutionalised, unfortunately.

I hope Karlie will be included in the inquest in some way, if that’s what she wants. I’m not sure where Brendan is at the moment. It’s sad to think he may be back in jail. He must still be suffering William’s loss.

 

[SouthAussie]

I hope Karlie will be included in the inquest in some way, if that’s what she wants. I’m not sure where Brendan is at the moment. It’s sad to think he may be back in jail. He must still be suffering William’s loss.

I think he may have a bit of a drug problem. Sometimes he reminds me of Ant. Not a lot of self control for an adult.

I am sure that Karlie is free to go to the inquest, if she is able. One would think she would even be able to get a Legal Aid lawyer, if she wanted to, being one of William's parents.

It is going to be a tough time for all of William's parents, that's for sure.

 

[Bohemian]

I think he may have a bit of a drug problem. Sometimes he reminds me of Ant. Not a lot of self control for an adult.

I am sure that Karlie is free to go to the inquest, if she is able. One would think she would even be able to get a Legal Aid lawyer, if she wanted to, being one of William's parents.

It is going to be a tough time for all of William's parents, that's for sure.

Brendan reminds me of Ant too. He must be suffering a great deal to continue to act out. Hopefully he’ll recover one day.

You’d think, even if Karlie (and Brendan) are no longer technically William’s guardians, they would still be considered his family by the Coroner. AFAIK DCI Jubelin considers them to be such as I seem to remember that he said he was keeping William’s families informed of the investigation’s progress. I feel for all of them.

 

[Karinna]

From Coronial matters [p50-180]

‘[a] directions hearing is desirable to sort out any interlocutory issues or controversies, to outline, if appropriate, the coroner’s list of issues to the interested parties and to set any ground rules the coroner proposes for the conduct of the hearing: s 49 provides that a coroner may issue case management directions. This will help the coroner estimate the likely length of the hearing.’

Thanks for posting up the link & info.

 

[Karinna]

Brendan reminds me of Ant too. He must be suffering a great deal to continue to act out. Hopefully he’ll recover one day.

You’d think, even if Karlie (and Brendan) are no longer technically William’s guardians, they would still be considered his family by the Coroner. AFAIK DCI Jubelin considers them to be such as I seem to remember that he said he was keeping William’s families informed of the investigation’s progress. I feel for all of them.

I think if BC has been an Ice addict he has probably fried his brain and will probably affect him for the rest of his life.
(quote)
Long-term methamphetamine abuse has many negative consequences, including addiction. Addiction is a chronic, relapsing disease, characterized by compulsive drug seeking and use and accompanied by functional and molecular changes in the brain.
What are the long-term effects of methamphetamine abuse?

 

[papertrail]

Maybe he is feeling the heat, and feeling a little run down. Representing Spedding at the inquest. Representing Spedding at defamation (presumably). Representing Spedding at the child sex cases.

Now he has to face some top barristers at the inquest, people who may be able to outplay his game.

There is nothing on O'Brien's website that indicates he had represented Spedding in defamation cases. He has a full archive. You posted a link to the website.

 

[papertrail]

That’s what I was wondering- bigger payout for BS, bigger payout for lawyer. I’m sure the media would have excellent representation though, IMO.

In a defamation case the party that loses the case also pays the winning party's legal costs.

 

[sleepinoz]

There is nothing on O'Brien's website that indicates he had represented Spedding in defamation cases. He has a full archive. You posted a link to the website.

It may not be on his website, but he did represent him

Spedding v Nationwide News Pty Ltd [2018] NSWSC 844 (18 May 2018)

 

[sleepinoz]

In a defamation case the party that loses the case also pays the winning party's legal costs.

Not always - That would depend on what the judge rules in regard to costs IMO.

 

[SouthAussie]

It may not be on his website, but he did represent him

Spedding v Nationwide News Pty Ltd [2018] NSWSC 844 (18 May 2018)

Thanks, sleep.

 

[SouthAussie]

Not always - That would depend on what the judge rules in regard to costs IMO.

It seems that costs are not paid by the losing party on numerous occasions. There are examples of this in a NSW govt publication.

... courts in defamation proceedings have often been reluctant to enforce provisions to impose costs on an unsuccessful party who had prolonged a trial by deliberate faze allegations, or continued proceedings where there was obviously no hope of success ....
Defamation
[5-4100] Costs

 

[papertrail]

Have been reading various missing person cases examined by the NSW Coroner and the below para is always included in the beginning stages of the report. I note the words clear, cogent and exact. The reports are on the NSW Coroner website.

...
The decision about whether a person is dead is considered a “threshold question” in a
missing person case.

Given the seriousness of the finding, it is well established that the court should apply the Briginshaw standard.

The proof of death must be clear, cogent and exact. At common law, there is a presumption in favour of the continuance of life however, it is not a rigid presumption and the circumstances of any given case must be carefully examined before a finding of death can be made.