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I live in a retirement village. but have been accused by…

Customer Question
I live in a...

I live in a retirement village. I'm Australian but have been accused by Asian residents of poisoning their vegetables. I do not know the women involved nor do I have any idea of what they have claimed. I'm being ostracised by the Asian residents throughout the village, and Management insist I attend mediation. The concierge is Chinese and the residents speak no English whatsoever. How do I know what is being said throughout medation.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

I havve written to the retirement village maker setting out the incident of being harrassed by one Asian woman when I was surrounded by four others. In a nutshell nothing was said merely glaring at me for some time in front of a witness. Then I learned from the Concierge that a "group" of women had gone to the office and claimed I had poisoned their vegetables.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I've been in touch with Consumer Affairs as well as Elder Rights Advocacy who have attempted to help but say that because it is a village with both Asian and non-Asian residents I am at a disadvantage. Elder Rights Advocacy thought at first I would be eligible for an independent translator in order to find uut what is being claimed but that was denied.

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/20/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,340
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

have you considered the option of getting a restraining order against the other resident that is causing the problem

you have a legal right to be protected.

would you like to consider this option ?

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Customer reply replied 4 months ago
A restraining order wouldn't work surely because I don't know who the person is who has claimed, neither by sight or name
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,723
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

I am Leon a Solicitor from Sydney

This appears to be a matter where you have been defamed.

The accusations are false and as a result your reputation has been tarnished.

Who told you about the accusations?

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Customer reply replied 4 months ago
The accusations were told to me by the Concierge (a Chinese) here at the retirement village. Rumours have been flying around the village, even outside the village to a large local garden centre. I have followed all the procedures laid down by the owner of the village; also sought answers from Consumer Affairs, the Elder Rights Advocacy. I still do not know who made the claims, what the claims are nor had any proof provided. I really need to clear my name.
Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

Are they prepared to put this in writing and also disclose who told them? If they are then you can take the matter further.

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Customer reply replied 4 months ago
The management are aware but have only written to say they've received my letter outlining the incidents. That I should agree to meet in mediation with the other parties to sit down and resolve the situation. I've confirmed this agreement and stated that I wish to live quietly and in harmony with my neighbours.Because I'm unaware of who these people are, the claims they've made, the basis of the claims, and what proof they have of their claim which is poisoning their plants and vegetables, I'm totally in the dark as to what is going on. Coupled with that the "other parties" are Chinese who don't speak English, the Concierge herself is Chinese, I'm becoming distressed about the whole matter.Acccrding to the retirement village's policy for dispute resolution, written by the company, as well as Consumer Affairs on the same matter, I should have been advised much earlier of confirmation of the details I wrote initially outlining the incidents with the company's procedures in attending to the "dispute" and resolving it.Once again, I've followed all the company's protocols and procedures; yet nothing has been achieved. The Concierge herself has not spoken to or with me about this matter. Furthermore with the Concierge and the "other parties" all being Chinese, surely puts me at a disadvantage in being able to understand what all the nonsense is about, let alone being able to explain my position of being totally confused as to why I've been singled out in this regard.Leon, I'm 80 years of age, and this whole incident, has impacted upon my health. The first incident occurred on 25th February and could well have been resolved within 24 hours if a small note written in Chinese had been placed on the notice board saying the rumouts of poisoning were untrue.
Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

As they have lied and it is impacting on you this gives you a right to make a claim.

You need to get a solicitor to appear with you at the mediation and it is a god thing. You should then see the people that made the accusation.

Contact the law institute of victoria and get a referral to a solicitor that practices in defamation law.

Their website is as follows

https://www.liv.asn.au

You also have a right to see what the nursing home has at the mediation.

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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