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Does Australia have a suing culture?

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  • 15-12-2019 11:52am
    #1
    various artistes
    Banned (with Prison Access) Posts: 59 ✭✭


    Might seem a bit of a daft question, but the glut of cases in the Irish media over the last few years got me thinking of what happened in my past.

    I was in Australia from 2008 to 2011. In that time two incidents happened to me, I didn't even consider taking any legal action because it wasn't even part of mainstream Irish culture back then, you just didn't hear of these mental pay outs like you do today.

    One night I, without explanation at the time, was asked to leave a nightclub in Western Sydney, in front of friends. When I asked why, I was told I had been spotted trying to dip into handbags. Complete nonsense, and pretty embarrassing to be accused of in front of friends. I emailed the club the next day asking for CCTV footage of me doing this, was told that could only be provided to police or a solicitor or something (can't recall exactly now)

    Another time, I was drunk as a skunk and on yokes in Newcastle (both illegal in itself inside a bar under Australian law), slipped on a wet floor in a disco bar, broke my ankle. Was so off it I managed to hobble out of the place and into a taxi, and off home, no memory of getting back, only truly realised what happened the next morning.

    Another Canadian friend of mine drunkenly scaled up a pipe and tried climbing into his 2nd floor balcony window only for the old fence to pull off sending him to the ground below. He was lucky not to be killed or disabled. Again, would he have had a case? Certainly seems like he would in Ireland (daft as his climb was, to be fair a landlord renting a property with such a weak fence deserves to get rinsed, could well have come off leaning on it from the inside)

    I'm not going to be taking cases obviously, and I'm not looking for neither sympathy nor criticism, I'm just curious, reading about the massive payouts for similar back here (knackers taking Tesco etc to court when they're challenged by security for not paying, Maria Bailey and her swing et al) whether this type of thing ever holds weight in Australian courts, and how much they can be worth if they do.


Comments

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    #2
    cnocbui
    Registered Users Posts: 19,678 ✭✭✭✭cnocbui


    No, Australia does not have a suing culture.


  • Options
    #3
    various artistes
    Banned (with Prison Access) Posts: 59 ✭✭various artistes


    cnocbui wrote: »
    No, Australia does not have a suing culture.

    So I'd have been laughed out of court over the fall incident? They simply don't entertain that type of thing? In this country that could well be 70,000.

    I must admit you'd have a neck like a jockey's bollocks for trying it, it was wholly my fault. I'm actually glad to hear it, it's only in the last few years these loopy awards have become common in Ireland and it got me wondering whether I'd turned down the chance to essentially pay for a good chunk of a house.

    The nightclub pickpocketing thing mind, that was completely out of order. Would that carry any weight over there law wise?

    One thing that did annoy me over there, especially after work, I'd be lugging my work bag and a bag or two of groceries in my two hands, the security would regularly stop you and ask to look in the backpack. Asked them if they'd just unzip it for me save me the hassle of putting down the shopping, said they weren't allowed to do so.

    Something as innocuous as that can, and does, end up in court here.


  • Options
    #4
    cmac2009
    Registered Users Posts: 1,373 ✭✭✭cmac2009


    various artistes wrote: »
    Might seem a bit of a daft question, but the glut of cases in the Irish media over the last few years got me thinking of what happened in my past.

    I was in Australia from 2008 to 2011. In that time two incidents happened to me, I didn't even consider taking any legal action because it wasn't even part of mainstream Irish culture back then, you just didn't hear of these mental pay outs like you do today.

    One night I, without explanation at the time, was asked to leave a nightclub in Western Sydney, in front of friends. When I asked why, I was told I had been spotted trying to dip into handbags. Complete nonsense, and pretty embarrassing to be accused of in front of friends. I emailed the club the next day asking for CCTV footage of me doing this, was told that could only be provided to police or a solicitor or something (can't recall exactly now)

    Another time, I was drunk as a skunk and on yokes in Newcastle (both illegal in itself inside a bar under Australian law), slipped on a wet floor in a disco bar, broke my ankle. Was so off it I managed to hobble out of the place and into a taxi, and off home, no memory of getting back, only truly realised what happened the next morning.

    Another Canadian friend of mine drunkenly scaled up a pipe and tried climbing into his 2nd floor balcony window only for the old fence to pull off sending him to the ground below. He was lucky not to be killed or disabled. Again, would he have had a case? Certainly seems like he would in Ireland (daft as his climb was, to be fair a landlord renting a property with such a weak fence deserves to get rinsed, could well have come off leaning on it from the inside)

    I'm not going to be taking cases obviously, and I'm not looking for neither sympathy nor criticism, I'm just curious, reading about the massive payouts for similar back here (knackers taking Tesco etc to court when they're challenged by security for not paying, Maria Bailey and her swing et al) whether this type of thing ever holds weight in Australian courts, and how much they can be worth if they do.

    Where can I apply for a refund for the time I spent reading this? Thanks.


  • Options
    #5
    various artistes
    Banned (with Prison Access) Posts: 59 ✭✭various artistes


    cmac2009 wrote: »
    Where can I apply for a refund for the time I spent reading this? Thanks.

    Wish my life was so caught up in doing such important work that I hadn't got a spare 24 seconds on a Sunday.

    We doff our cap to you, good sir. I only hope I haven't set back the cure for cancer or whatever it was you were up before I interrupted by waffling too long.


  • Options
    #6
    cnocbui
    Registered Users Posts: 19,678 ✭✭✭✭cnocbui


    various artistes wrote: »
    So I'd have been laughed out of court over the fall incident? They simply don't entertain that type of thing? In this country that could well be 70,000.

    I must admit you'd have a neck like a jockey's bollocks for trying it, it was wholly my fault. I'm actually glad to hear it, it's only in the last few years these loopy awards have become common in Ireland and it got me wondering whether I'd turned down the chance to essentially pay for a good chunk of a house.

    The nightclub pickpocketing thing mind, that was completely out of order. Would that carry any weight over there law wise?

    One thing that did annoy me over there, especially after work, I'd be lugging my work bag and a bag or two of groceries in my two hands, the security would regularly stop you and ask to look in the backpack. Asked them if they'd just unzip it for me save me the hassle of putting down the shopping, said they weren't allowed to do so.

    Something as innocuous as that can, and does, end up in court here.

    I lived in Australia for 30 years and only once was I ever asked to show the contents of a bag. Given the two incidents, I wonder if there is something in your appearance that attracts negative attention.

    In WA, they did away with the some of the suing culture by having legislated fixed payouts for injuries received in car accidents. Break an arm - x amount; break both legs, Y amount, etc. That's why 3rd party car insurance could be rolled into you car registration on a 4L petrol at about €180 a year - that's right - car rego and 3rd party insurance in total, not f'n €1,400 a year like here.

    Perhaps this country could follow the example and pass similar legislation. Fixed payouts for injuries as per a table.


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  • Options
    #7
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Do Australian forums have a culture of starting pointless BS threads?


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    #8
    Pauliedragon
    Registered Users Posts: 2,459 ✭✭✭Pauliedragon


    various artistes wrote: »
    Might seem a bit of a daft question, but the glut of cases in the Irish media over the last few years got me thinking of what happened in my past.

    I was in Australia from 2008 to 2011. In that time two incidents happened to me, I didn't even consider taking any legal action because it wasn't even part of mainstream Irish culture back then, you just didn't hear of these mental pay outs like you do today.

    One night I, without explanation at the time, was asked to leave a nightclub in Western Sydney, in front of friends. When I asked why, I was told I had been spotted trying to dip into handbags. Complete nonsense, and pretty embarrassing to be accused of in front of friends. I emailed the club the next day asking for CCTV footage of me doing this, was told that could only be provided to police or a solicitor or something (can't recall exactly now)

    Another time, I was drunk as a skunk and on yokes in Newcastle (both illegal in itself inside a bar under Australian law), slipped on a wet floor in a disco bar, broke my ankle. Was so off it I managed to hobble out of the place and into a taxi, and off home, no memory of getting back, only truly realised what happened the next morning.

    Another Canadian friend of mine drunkenly scaled up a pipe and tried climbing into his 2nd floor balcony window only for the old fence to pull off sending him to the ground below. He was lucky not to be killed or disabled. Again, would he have had a case? Certainly seems like he would in Ireland (daft as his climb was, to be fair a landlord renting a property with such a weak fence deserves to get rinsed, could well have come off leaning on it from the inside)

    I'm not going to be taking cases obviously, and I'm not looking for neither sympathy nor criticism, I'm just curious, reading about the massive payouts for similar back here (knackers taking Tesco etc to court when they're challenged by security for not paying, Maria Bailey and her swing et al) whether this type of thing ever holds weight in Australian courts, and how much they can be worth if they do.

    I used to work in pubs/nightclubs over there. Basically if you want someone to leave you just tell them they've had to much to drink. Race, religion none of that stuff comes into it. The law in NSW at least says once your asked to leave a licensed premises due to "approaching" or "showing signs of intoxication" you have to leave. No law suit needed.


  • Options
    #9
    various artistes
    Banned (with Prison Access) Posts: 59 ✭✭various artistes


    cnocbui wrote: »
    I lived in Australia for 30 years and only once was I ever asked to show the contents of a bag. Given the two incidents, I wonder if there is something in your appearance that attracts negative attention.

    .

    You and a few others seem a bit upset over my question. Is the heat getting to you or something?

    Foreign backpackers are, or at least were, notorious thieves from supermarkets, continental Europeans in particular, you'd be daft not to ask. It was still a pain in the hole though.

    Simple question asked. Do people get money thrown at them for spurious claims like they do at home.

    Seems they don't.
    Car99 wrote: »
    Do Australian forums have a culture of starting pointless BS threads?


    A scroll through the main page seems to indicate this forum averages about a post every four days. I clearly interrupted the flow of heated debate and groundbreaking insights.

    If I'd known everyone here was on their ****ing man blob I wouldn't have asked.

    Thread can be closed now before any one else has a cry.

    xx pet.


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