Print Page | Close Window

Which jurisdiction ?

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24432
Printed Date: 21/April/2019 at 04:39


Topic: Which jurisdiction ?
Posted By: botel
Subject: Which jurisdiction ?
Date Posted: 25/January/2017 at 02:32
Can anyone advise if there is a NSW Lawyer that deals with Maritime Law in particular
Maritime Services Act 1935 Section 13(U)2 ?



Replies:
Posted By: citizen-joe
Date Posted: 25/January/2017 at 02:50
Take a look at http://doylesguide.com/leading-shipping-maritime-lawyers-australia-2016/ - Doyles Guide to find a lawyer suitable for your purposes.


Posted By: botel
Date Posted: 26/January/2017 at 03:45
Thanks for your response citizen-joe. I will choose one in the not too distant future. In the meantime may I show you a NOTICE and ask what you think about it. http://www.botelmarinaproject.com/E%20%28704%29.jpg - NOTICE

At that time I did not know that the section of the Act related to obstruction of the waterway. You can see from this picture that there was no such thing.


Posted By: citizen-joe
Date Posted: 27/January/2017 at 02:21
To me it doesn't look like the waterway is being obstructed, I guess it doesn't to you either, however that is irrelevant, to prove that there is no obstruction you will need to present at court an expert witness who can state that there is no obstruction and in the process prove that the expert witness that the other side will produce has got it wrong. Always remembering that the maritime authority may well be the only body to determine if the waterway is obstructed or not.

You really do need to talk with a lawyer who has expertise in this matter.

However I note that the notice you have presented is dated over 25 years ago. I would suggest that you are way out of time to act in this matter.


Posted By: botel
Date Posted: 30/January/2017 at 07:02
Thanks again citizen-joe. It turns out that I was qualified as Ships Master Class 5 at the time and furthermore the vessels were located on the Victorian bank of the river when they were seized. They were located alongside the MV Barkoona floating Jetty shown at right in this picture and in the care of Capt. Ray Dowell.

Despite the Statute of Limitations; Maritime are now conducting a preliminary investigation into the matter and I will most likely engage a lawyer soon.

http://imageprocessor.websimages.com/width/289/crop/0,0,289x95/www.botelmarinaproject.com/1988bridgeview.jpg.



Posted By: botel
Date Posted: 30/January/2017 at 07:06
http://imageprocessor.websimages.com/width/289/crop/0,0,289x95/www.botelmarinaproject.com/1988bridgeview.jpg


Posted By: citizen-joe
Date Posted: 30/January/2017 at 16:41
The fact that you had marine qualifications will be in your favor, however you cannot be your own expert witness, if you can ever get this to court. See that solicitor before you proceed any further.


Posted By: botel
Date Posted: 14/February/2017 at 16:13
Here are 2 documents both signed by Captain John Hensford Regional Manager NSW Maritime Services Board.

The first reaffirms written approval for construction of 'normal vessels' as "commercial marine development"






Posted By: botel
Date Posted: 14/February/2017 at 16:15
The second documents by Captain John Hensford is official Notice describing cancellation of mooring licence and subsequent seizure of vessels.



Posted By: citizen-joe
Date Posted: 14/February/2017 at 21:10
Sorry I'm not from that part of Australia, check that guide, but as previously advised you may be trying far too long after those events to achieve any redress.

Any local solicitor could advise you about that aspect of your enquiry and probably point you to an appropriate firm.

If you are advise that you have a case, get a quote before you proceed, remember if you lose you may also be up for the other sides costs. This could be an expensive exercise.


Posted By: botel
Date Posted: 26/June/2017 at 11:05
Dear forum,

This matter has progressed. Following a GIPA (aka FOI) application, I now know that the Maritime NOTICE (shown earlier post) is not recorded in any Register. It is an INVALID DOCUMENT "legally and officially unacceptable". Government officials confiscated my property (2 houseboats) as a result of it. I have now located my property near Murray Downs NSW. I want to regain possession of it and have charges laid.

Will you kindly advise how I am to proceed please ?

Read more

http://www.botelmarinaproject.com


Posted By: citizen-joe
Date Posted: 26/June/2017 at 11:35
Will you kindly advise how I am to proceed please ?


I don't know but if it was me I'd be making my first application to http://www.ncat.nsw.gov.au/ - NSW Administrative Appeals Tribunal


Posted By: botel
Date Posted: 27/June/2017 at 03:52
Thanks citizen-joe. I have been told that the matter is probably time barred under civil law. If it is a criminal matter then no time limit. My property was illegally confiscated. I am wanting IPC to determine the NOTICE is INVALID.
When they do this then how do I report it and recover my property. Thanks.


Posted By: citizen-joe
Date Posted: 27/June/2017 at 11:52
Sorry I don't know, all I see is a legal minefield, and large expenses.

One other consideration, in what state are the houseboats? They've been out of your control for years, rot, rust, termites, marine worms, etc. Is there anything worth pursuing?


Posted By: botel
Date Posted: 03/July/2017 at 20:29
My remaining vessel is now known as Paddy Hoggs Wharf located on the NSW riverbank as described below. I consider this to be a criminal matter in which I have been deceived and defrauded. Can you please advise further.


http://www.botelmarinaproject.com/2015-09-28%2009.14.55.jpg - houseboat near Swan Hill, Vic

http://mediaprocessor.websimages.com/width/570/crop/0,0,570x100/www.botelmarinaproject.com/9%20%282%29.jpg - Houseboats during construction 1988


Posted By: citizen-joe
Date Posted: 04/July/2017 at 06:31
Hope someone can advise you, sorry I've no idea.


Posted By: botel
Date Posted: 05/July/2017 at 16:21
Thanks again.

I have learned that my vessels were confiscated under Maritime Services Act 1935 Sec 13U(2). I note that section has been repealed. How can I discover when this happened?



Print Page | Close Window