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Leon, in regards to the same scenario i was asking you about…

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Hi Leon, in regards *****...
Hi Leon, in regards ***** ***** same scenario i was asking you about last night, as a solicitor what would you say to another solictor who told you that you could not commence proceedings because the community is so far away from the area being challeged and that you don't have the Attorney Generals permission ?Thanks
Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/15/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,710
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
Thank you
Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

You rely on the act.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/bca2016309/s13.17.html

You do not have to have suffered any loss and you can sue even if it is in another state provided there is some nexus to NSW.

There is no requirement about being close.

The argument is this section against what the Solicitor says. Also it makes no requirement that the Attorney General has to consent.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Are you saying that i could sue the other solicitor?
Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

If because of the advise you could not take action because you delayed based on their advise, then you may have an action in negligence against that solicitor.

But you have to show they caused loss.

But if the time has not expired and something can be done it will be hard to do anything.

To sue you have to show they were negligent and as a result there has been some loss or damage caused.

This would be hard in this case as the individual may not have suffered loss only the environment and that cannot be compensated but a community could if they can show the damages suffered.

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Customer reply replied 4 months ago
Do you believe that the community group should be able to commence proceedings ?
Solicitor: Leon, Solicitor replied 4 months ago

Based on what you have told me think so.

I have looked for cases on that section and there has been nothing decided.

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Customer reply replied 4 months ago
what are you reasons for believing they should be able to commence proceedings
Solicitor: Leon, Solicitor replied 4 months ago

I am mainly relying on the Act.

The section clearly says anyone can bring an action.

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Customer reply replied 4 months ago
what about from a non- legal perspective?
Customer reply replied 4 months ago
As an average person do you think they should be able to commence proceedings?
Solicitor: Leon, Solicitor replied 4 months ago

What do you mean?

You cannot decide on a non legal perspective.

I think people should be allowed to fight injustices and stand up for what they believe.

Standing up and having a stand is important.

eg. Greenpeace. They stand their grounds and fight injustices against government for injustices against the environment.

We all have a moral obligation.

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