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PUP to sue Lambie and Lazarus (Read 5618 times)
Ex Dame Pansi
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Re: PUP to sue Lambie and Lazarus
Reply #30 - Apr 2nd, 2015 at 6:36am
 
Aussie wrote on Apr 1st, 2015 at 11:49am:
I suspect this a shot across their bows.....neither of them will have the resources to take the legal battle on.



By the time it goes to court, it's more than likely that neither of them will still be in government. Palmer won't get much out of them , at most they will lose their assets through bankruptcy, pocket money for him, but life changing for them. Maybe they can prove in a court of law that Palmer was impossible to work with......but personalities might not come into it.

I wonder why the major parties have never gone down this track, I'm not saying they should because we all know who would be footing the legal bills.

I wonder if there is any legally binding contract they signed when he took them on?

Interesting.
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innocentbystander.
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Re: PUP to sue Lambie and Lazarus
Reply #31 - Apr 2nd, 2015 at 11:13am
 
Quote:
Mr Abbott, we don't like the GP Co-payment.  We don't like your doctor tax.  Thank heaven for the good people in the senate.     Sad   


Mr Abbott please find crookinthehead a nice work for the dole job to do.
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Aussie
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Re: PUP to sue Lambie and Lazarus
Reply #32 - Apr 2nd, 2015 at 11:21am
 
Ex Dame Pansi wrote on Apr 2nd, 2015 at 6:36am:
Aussie wrote on Apr 1st, 2015 at 11:49am:
I suspect this a shot across their bows.....neither of them will have the resources to take the legal battle on.



By the time it goes to court, it's more than likely that neither of them will still be in government. Palmer won't get much out of them , at most they will lose their assets through bankruptcy, pocket money for him, but life changing for them. Maybe they can prove in a court of law that Palmer was impossible to work with......but personalities might not come into it.

I wonder why the major parties have never gone down this track, I'm not saying they should because we all know who would be footing the legal bills.

I wonder if there is any legally binding contract they signed when he took them on?

Interesting.


The foreshadowed suit is not based on a contract ~ it is based on an equitable principle known as estoppel, very technical....but google will give you a bit of a guide.
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Re: PUP to sue Lambie and Lazarus
Reply #33 - Apr 2nd, 2015 at 11:40am
 
Another possibility is the bloated incompetent one will be forced into bankruptcy before any of this gets anywhere. 

How are your financial reporting obligations going Clive?



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Life_goes_on
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Re: PUP to sue Lambie and Lazarus
Reply #34 - Apr 2nd, 2015 at 11:46am
 
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.
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Re: PUP to sue Lambie and Lazarus
Reply #35 - Apr 2nd, 2015 at 1:24pm
 
Rider wrote on Apr 2nd, 2015 at 11:40am:
Another possibility is the bloated incompetent one will be forced into bankruptcy before any of this gets anywhere. 

How are your financial reporting obligations going Clive?



and he's lost a few legal cases recently.
his resort up the coast is closed.
His dinosaur burnt down.
resources prices bottoming.

It's all on a downward trend.
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Re: PUP to sue Lambie and Lazarus
Reply #36 - Apr 2nd, 2015 at 1:37pm
 
This should be interesting. Personally I think it is sabre rattling of the highest order. A lot of people side with Jacqui Lambie and admire her guts for breaking away from the Fat Oaf. You might not like her but she calls a spade a shovel and she is learning the dirty game of politics.

I wouldn't be at all surprised for some high profile Legal firm to give Jacqui representation Pro Bono.

Jacqui Lambie has more guts that ten of the colourless jerks that inhabit Parliament put together.

The one thing I do admire her for is that she gives Defence Force personnel a voice in Parliament. If it hadn't been for her, they wouldn't have got the paltry C.P.I. rise that was first denied them by Abbott and Co.

I am an ex Serviceman and I hope she fires both barrels at Fat Guts point blank...the bloody fool.

There will be plenty of people out there who will support her big time, if garbage guts goes ahead with his law suit.
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Re: PUP to sue Lambie and Lazarus
Reply #37 - Apr 2nd, 2015 at 3:15pm
 
Life_goes_on wrote on Apr 2nd, 2015 at 11:46am:
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.


He'd bother because PUP are owed two Senate seats occupied by Lambie and Lazarus who were elected on PUP votes, not their personal voter support.
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Re: PUP to sue Lambie and Lazarus
Reply #38 - Apr 2nd, 2015 at 3:28pm
 
Aussie wrote on Apr 2nd, 2015 at 3:15pm:
Life_goes_on wrote on Apr 2nd, 2015 at 11:46am:
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.


He'd bother because PUP are owed two Senate seats occupied by Lambie and Lazarus who were elected on PUP votes, not their personal voter support.


I wonder if he could have sued them if they lost.

Well he paid all the advertising and they failed to deliver.

Same same to me
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Re: PUP to sue Lambie and Lazarus
Reply #39 - Apr 2nd, 2015 at 3:44pm
 
Sprintcyclist wrote on Apr 2nd, 2015 at 1:24pm:
Rider wrote on Apr 2nd, 2015 at 11:40am:
Another possibility is the bloated incompetent one will be forced into bankruptcy before any of this gets anywhere. 

How are your financial reporting obligations going Clive?



and he's lost a few legal cases recently.
his resort up the coast is closed.
His dinosaur burnt down.
resources prices bottoming.

It's all on a downward trend.


Death spiral...drowning..you name it. But he's thrashing around and he'll take a few more down with him.....just had a mental image of his titanic II going down -but it never got up let alone afloat!

Disgusting litigious bloated just three of my favourite descriptors.
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Re: PUP to sue Lambie and Lazarus
Reply #40 - Apr 2nd, 2015 at 3:54pm
 
Redmond Neck wrote on Apr 2nd, 2015 at 3:28pm:
Aussie wrote on Apr 2nd, 2015 at 3:15pm:
Life_goes_on wrote on Apr 2nd, 2015 at 11:46am:
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.


He'd bother because PUP are owed two Senate seats occupied by Lambie and Lazarus who were elected on PUP votes, not their personal voter support.


I wonder if he could have sued them if they lost.

Well he paid all the advertising and they failed to deliver.

Same same to me


No...he could not have sued them unless the loss could be put down to any misleading statement said loser made to PUP if that was the reason they lost......like a failure to declare to the Party that they were bankrupt, and thus were disqualified ab initio.
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Re: PUP to sue Lambie and Lazarus
Reply #41 - Apr 2nd, 2015 at 4:14pm
 
Aussie wrote on Apr 2nd, 2015 at 3:54pm:
Redmond Neck wrote on Apr 2nd, 2015 at 3:28pm:
Aussie wrote on Apr 2nd, 2015 at 3:15pm:
Life_goes_on wrote on Apr 2nd, 2015 at 11:46am:
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.


He'd bother because PUP are owed two Senate seats occupied by Lambie and Lazarus who were elected on PUP votes, not their personal voter support.


I wonder if he could have sued them if they lost.

Well he paid all the advertising and they failed to deliver.

Same same to me


No...he could not have sued them unless the loss could be put down to any misleading statement said loser made to PUP if that was the reason they lost......like a failure to declare to the Party that they were bankrupt, and thus were disqualified ab initio.


Well maybe Lazzo could claim the reverse, Clive gave misleading statements to him.

Such as Clive failed to declare using Chinese money illegaly
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Aussie
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Re: PUP to sue Lambie and Lazarus
Reply #42 - Apr 2nd, 2015 at 4:20pm
 
Redmond Neck wrote on Apr 2nd, 2015 at 4:14pm:
Aussie wrote on Apr 2nd, 2015 at 3:54pm:
Redmond Neck wrote on Apr 2nd, 2015 at 3:28pm:
Aussie wrote on Apr 2nd, 2015 at 3:15pm:
Life_goes_on wrote on Apr 2nd, 2015 at 11:46am:
I don't know why he'd bother.

PUP are basically dead and buried now. A bit of legal action isn't going to save them.


He'd bother because PUP are owed two Senate seats occupied by Lambie and Lazarus who were elected on PUP votes, not their personal voter support.


I wonder if he could have sued them if they lost.

Well he paid all the advertising and they failed to deliver.

Same same to me


No...he could not have sued them unless the loss could be put down to any misleading statement said loser made to PUP if that was the reason they lost......like a failure to declare to the Party that they were bankrupt, and thus were disqualified ab initio.


Well maybe Lazzo could claim the reverse, Clive gave misleading statements to him.

Such as Clive failed to declare using Chinese money illegaly


Oh.....has there been a Court finding to that effect?  (Even if that is so, it will not save Lazarus/Lambie from the foreshadowed action.)
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Re: PUP to sue Lambie and Lazarus
Reply #43 - Apr 2nd, 2015 at 4:35pm
 
Aussie wrote on Apr 1st, 2015 at 8:54pm:
And the Lambie response is ~

Link.

Sorry Jackie......Senators are not immune from normal legal processes.  You are far from safe sitting in that seat you now occupy under false colours.  I have to laugh about your alleged 'legal advisors' as though you can afford an army of QCs standing around at your beck and call.  What a joke.  Jackie, there is a freight train heading your way at high speed, and I doubt you have the sack or the bank roll to withstand the impact.  You lose this foreshadowed legal action, and you are bankrupt.  Kaput.  Done and dusted.  You lose your seat as bankruptcy is a disqualifier.

Can I also offer this piece of gratuitous advice?  Get rid of Messenger if he is still your Principal Advisor.


And the response of PUP to that:

Quote:
Palmer United Party
5 hrs ·

Senator Lambie’s Statement has no Foundation

Federal leader of the Palmer United Party and Member for Fairfax, Clive Palmer, said Senator Jacqui Lambie’s referral to the Clerk of the Senate has no foundations.

Mr Palmer said the legal action is a civil matter and relates to the recovery of party funds based on what happened prior to the last federal election.

He said the action is based on a promise and the party spending millions of dollars relying on those promises made by Senator Lambie.

“Senator Lambie has breached promises and that doesn’t release her from accountability under the law,” Mr Palmer said.

“Regardless of who they are, no Member of Parliament is above the Australian law.

“The Palmer United Party hasn’t made any threats with its correspondence or public statements, the party is simply seeking a refund of the dollars spent on Senator Lambie’s election campaign.”

Mr Palmer said no one should expect special treatment or think they are above the law.

“The Palmer United Party simply hopes Senator Lambie will refund the dollars spent in reliance of her promises and legal action will not be necessary,” he said.

“The party’s legal action does not seek to interfere with Senator Lambie’s performance, remove her from her seat or interfere with her Senate vote in any way.

“This cause of action has nothing to do with the Senate but the legal obligation under Australian law to recoup the money spent on her reliance of promises made.”


Yeah...sure Clive.  As though Lambie has the capacity to pay Jack poo.  This is a strategic legal action designed to put Lambie/Lazarus within the sights of bankruptcy......and if they force the matter to litigation and all the way to trial, and lose......just the legal fees they will be ordered to pay will bankrupt them.

And....that means they lose their Senate seats.  And that means the State of Queensland the State of Tasmania will have the obligation to appoint replacements, and only twice has convention not been followed...( Senator Bunton and Senator Field...Qld Joh and NSW Premier Lewis appointments)...said convention being that the replacement must come from a Member of the same Political Party they were a Member of when elected.
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Re: PUP to sue Lambie and Lazarus
Reply #44 - Apr 2nd, 2015 at 5:17pm
 
....and I hear you ask.....'cause I asked myself....what happens if, at the time of the resignation or disqualification, the person was an Independent having resigned from the Party they were in when elected?  Here is the answer...from Wiki with citations:

Quote:
On 21 May 1977, a referendum was held on the question of whether the Constitution should be changed to require future Senate casual vacancies to be filled by a member of the party represented by the former senator at the time of their election, if the state parliament chooses to fill the vacancy. The referendum was passed and came into effect on 29 July 1977. Where a senator had been elected representing a certain party, and changed allegiances to a different party mid-term, and then died or resigned, the replacement senator would be a person representing the first party. This was first implemented when Senator Steele Hall, who at the time of his election represented the Liberal Movement but had later changed to the Liberal Party of Australia, resigned and was replaced by Janine Haines. She represented the Australian Democrats and was chosen because the Liberal Movement had merged with the Democrats.
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