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  #11  
Old 17-05-2013, 12:06 PM
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http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/247c7dec63e09b1348256c9f000313d1/$FILE/Civil%20Liability%20Act%202002.PDF

page 26 of the act, not the pdf

I have links to case specific shit at home somehwere.
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  #12  
Old 17-05-2013, 12:23 PM
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i thought this was a going to be a thread about why there isn't dual carriageway between joondalup drive & hester ave, to which i would totally agree
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  #13  
Old 17-05-2013, 05:39 PM
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  #14  
Old 17-05-2013, 07:40 PM
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Quote:
Originally Posted by mARC View Post
Curious how they claim/prove they don't have prior knowledge? Wouldn't they still have a duty of care regardless?
Totally agree with this, so when I called the company that look after the claims to enquire what evidence I can provide to prove the shire should have had previouse knowledge ( for example the roads been shit for a while and the local council drives along this road to a pick up rubbish from the area every week or that the council is altering a local road around the corner from here to add more parking and they would have to use this road to get there) I was told they could not tell me what evidence to supply or tell me how to supply any evidence at all. I was also informed that they do not report to any insurance ombudsman of any description for complaints only ASIC as they are not an "insurance company".
So if they are not an insurance company how/why do they have claims accessors and the word insurance in one of their multiple trading entity names?

End ticked off rant for now.
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  #15  
Old 17-05-2013, 07:58 PM
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  #16  
Old 17-05-2013, 08:23 PM
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Quote:
Originally Posted by teejay View Post
http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/247c7dec63e09b1348256c9f000313d1/$FILE/Civil%20Liability%20Act%202002.PDF

page 26 of the act, not the pdf

I have links to case specific shit at home somehwere.
Correct me if I'm wrong but regardless of what is actually reported they're under no authority to give a fuck and or care regardless?

I didn't think it was possibly to contract/legislate yourself out of a duty, but well now....

I'd really be interested in hearing if it would be possible to classify that part of the act you referred me to as some sort of exclusion clause?

I'd also be keen on links etc to some of these cases/any case(s) you found particularly interesting.

P:S I wanted to thank you for that post but after reading that paragraph I couldn't bring myself to it.
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Last edited by mARC; 17-05-2013 at 08:27 PM.
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Old 17-05-2013, 08:43 PM
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