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Brisbane Legal new legal blog

by Leon Bertrand

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Dear Sandpit readers,

I have a new blog, which focuses on the law and related issues. It is intended to appeal to lawyers and non-lawyers alike.

The blog will comment on practical issues which will inform people of what to expect and how to deal with lawyers, the courts etc. Already I have a post about how you can help your own legal case.  I will post about topics such as why legal fees are so high and how you can reduce your legal fees in the coming weeks.

The blog will also comment about various legal issues. Already it has posted about the law of negligence, disciplinary proceedings against lawyers and criminal law. Having practiced in a number of areas, I have a reasonably broad knowledge of the various areas of law.

So please check it out and feel free to comment. Any feedback, positive or negative, would be appreciated.

I would also like to thank Ray for some advice on the technical aspects of wordpress.

2012 in review

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

About 55,000 tourists visit Liechtenstein every year. This blog was viewed about 170,000 times in 2012. If it were Liechtenstein, it would take about 3 years for that many people to see it. Your blog had more visits than a small country in Europe!

Click here to see the complete report.

“Why I Deactivated My Twitter – the racism, classism, sexism, discrimination From the Left is overwhelming”

I love to stir the possum as many of my regular readers will appreciate so when I read the post I quote below I thought it an interesting piece,even though at over 2000 words it is a bit long and repetitive I just loved the way that the author has seen the light about the brutal and rather mindless tribalism of Twitter. Of course I have a presence on twitter but its really just a vehicle to promote this humble blog and I am thankful that I don’t have a dumb phone that has enslaved me to its inanities. Anyway the poor sweet thing who runs the blog took exception to me citing her piece via a re-blog and she has played silly buggers by editing the post to make the claim that I am stealing her work, of course that is entirely untrue and it demonstrates that she understands WordPress about as well as she understood twitter. Anyway please read both the quote below and all of the post it comes from.

Why I Deactivated My Twitter – the racism, classism, sexism, discrimination From the Left is overwhelming

Having recently witnessed a group of self-identified Lefties team up with a Right-wing Murdoch media personality to gang up on an ALP defender, to the point, they were all suddenly trained psychologists who could diagnose all sorts of mental instabilities from 140 characters, I realised that Left wing or Right wing, twitter is just for trolling.

Yes, both sides really are as bad as each other.

While we seek comfort in conforming to the opinions of others, not risking having a different opinion, as long as we tweet-nice to the biggest bully on the block, we are safe.

Be different, and you risk being a victim, like the smallest gazelle in the herd, cornered by the lions and hunted down and eaten.

Run with the herd, say what everyone else says, conform, don’t think, don’t be different – and you too just may be accepted for who you are.

My people. My community. Your opinions are welcome… until we decide they’re not.

I have witnessed Lefties swarm, hunt in packs, gang up on one person they don’t like, round-up a posse, and bitch and bitch and bitch, attack, attack, snipe until their victim sets their account to private, then they move on to target all the people who follow their victim, all based on whether they prefer Kevin Rudd or Julia Gillard as prime minister, or their religion or postcode or sexuality – or something else just as trivial and insignificant.

I see Lefties all day making appallingly sexist misogynist vile comments about women. But apparently I’m supposed to laugh, because they come from a Leftie.

Um, no, voting for the ALP or Greens doesn’t somehow magically make your sexism and misogyny evaporate.

I see the most vile hateful inaccurate comments about Muslims (just tweet “Muslims deserve the same rights as all other Australians” or similar, and watch the racism and religiousism hit you thick and fast), apparently saying outrageous comments like “let’s get all the facts before we accuse people based solely on their assumed religion” is enough to warrant a torrent of abuse. Who knew that “all Muslims should be shot” – seems some Lefties on twitter seem to think so.

I have witnessed some viscous bitter on-going sagas, based on who is following who else… What is this like, you know, High school? I won’t be your friend if you are friends with that person?

Source

This is the comment I attached to my original re-blog:

I must say that I enjoyed this post immensely because I just love it when someone see’s the light of truth about social media, especially when that social media is Twitter. If ever users of a social media have been deluded it has to been the lefties who have taken to Twitter like pigs to shit and the whole thing so reminds me of the blogging environment Pre-twitter. Now that the idiots have migrated to twitter it is surely entirely sensible to leave it to them. To think that the author of this blog banned me from commenting at her blog even though my comments were polite and on topic, Ah well its good to see her learn none the less.

Cheers Comrades
😉

Dreaming of a new online normal

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In the seven years that I have been playing the blogging game I have seen some big changes, well the fact that broadband has become the ubiquitous norm rather than the exception has been a biggie. Now we bloggers can put up a far more attractive page with graphics and many photos without concern that it will be too slow to load or despised by readers because it uses too much of their download allowance. I have seen the rise of twitter and the migration to that platform of many of the snark artists that used to haunt the bloggosphere. This has also seen the decline in a vast number of blogs which existed only to accommodate the eternally mean and vicious, well good riddance to bad rubbish, such loses are not mourned in this part of cyber space. Now we are finally beginning to see an end to the online free for all that is just so beloved of the trolls and scum bags. The law is beginning to hold online miscreants responsible for what they say and do which is a trend that I am pretty certain will continue and which will help to create a new normal where one will have to be as decent online as we are expected to be in the real world.

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It may well take a while for the lawmakers to fully address these sorts of issues, heck it may even take the suicide of a few more victims of cyber-bullies (although I hope not) but there is no doubt in my mind that the tide has turned against a totally unregulated online environment and we can only hope that the right balance can be struck between adequate disincentives for despicable behaviour and the maintenance of our rights to free expression online.
Cheers Comrades

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Lord Justice Leveson’s address in Australia

I hope that readers can forgive me returning to a pet topic of mine but I found this piece about Lord Justice Leveson’s address rather interesting and I am pleased to note that he is saying things about the “new media” that Both Ray and I have been arguing for quite sometime, namely that its users have to be held responsible for the things that they write or  say.

In the super-injunction example, the writ of the law was, perhaps, believed not to run against bloggers and tweeters. This is perhaps an example of the wider phenomenon I mentioned earlier: the belief that the law does not, and cannot apply to the internet. In many ways this is a pernicious and false belief: false because the law can be enforced against those who blog and tweet; pernicious because the idea that the law does not apply to some while it applies to others undermines the rule of law as it is inconsistent with the idea of equality before the law. Procedural justice requires the law to be equally applicable to all.

While Lord Justice Leveson speaks  to the nature of the problem with the “New Media” he does not offer any idea about how individuals may be held responsible for the things that they may publish in a tweet or blog and while he does not go further than mentioning online anonymity in passing  I am saddened that he has not made the logical connection between easy anonymity and the behaviour that it enables and encourages.  personally I think that easy anonymity goes hand in glove with bad behaviour and that Ray’s suggestion that no social media presence without verifiable bona fides should be possible has merit for improving accountability and  civil behaviour. The suing of Twits and Bloggers who have thought that they could ignore the law with impunity is something that we will see far more often in the coming years and we Bloggers will have to be eternally aware of just where the boundaries of the law are if we are to avoid litigation. Personally I have always strived to remain within the bounds of the law because I do understand that doing so is essential for the civility of  social engagement, hopefully those who have thought other wise will be brought to heal by the evolution of the law in the way that it pertains to our ever  increasing online presence.

Cheers Comrades

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The squawking of twitter

Ah the joys of social media!

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To be entirely frank I am delighted by this development because it means that those people who have believed that twitter is a place where the malicious things that they have blasted out into the ether would never  have repercussions for them  are  now reaping what they have sown.  and the man who has been so cruelly defamed with the most vile accusations that can be imagined is showing the arrogant  that there is no such thing as a free pass on the electronic super highway.

More power to Lord McAlpine’s arm Comrades

Mainly Morris in a minor key

a car for my daughter

Readers may just notice a new addition to my blog roll because I have decided to link to a blog that I have been running for a while on a  low profile because it is entirely non political and I did not wish it to have the unwelcome attentions of the now defunct stalker blog that had been vexing Ray and I for the last few years. Anyway Its all about the Morris Minor build that I have mentioned on this blog before. I will be documenting the project there and even though my progress is very much dependant upon the state of my back I do hope that by doing a little every day I will manage to finish it by the time  she is old enough to drive it.

I am in the process of updating my blog rolls and readers will notice a few changes in the near future so that the sites I link to reflect what I have been currently reading and what I am happy to recommend to others. I am of course open to suggestions (in the comments) for new places to visit and enjoy and promote.

Cheers Comrades

versatile Morris Minor

Catnip makes me laugh

When I see a post open like this I do a double take:
Because I am sure that “exclude” does not fit in that context as the definition below demonstrates:

ex·clude  (k-skld)
tr.v.ex·clud·ed, ex·clud·ing, ex·cludes

1. To prevent from entering; keep out; bar: a jar sealed to exclude outside air; an immigration policy that excludes undesirables.
2. To prevent from being included, considered, or accepted; reject: The court excluded the improperly obtained evidence.
3. To put out; expel.

[Middle English excluden, from Latin excldere : ex-, ex- + claudere, to shut.]
source

In fact if you follow that instruction reading the post you are left with this:

Yesterday’s Law Report provides useful context for last week’s High Court decision that overturned the unjust process put in place by the ALP and the Liberals for dealing with asylum seekers who arrive by boat.
(Please exclude the following large slabs of quoted material; believe me, the details are both interesting and outrageous.)
First, who’s actually been making these life and death decisions:
And how they’ve been acting unjustly:
There have been even worse injustices:
And outright cockups:
And the ultimate cause of all this? Mandatory detention itself:
Could it be any clearer? The whole stupid system, founded in xenophobic panic, needs to be restored to the way it was before we started locking up people without charge. And promptly.
source

Hmm I think the word that he was looking for is “excuse” isn’t it amazing how just one word use in the wrong context can undermine even the most passionate argument for a cause that the author is so  keen on promoting?

Cheers Comrades

 

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