The reason I shared photographs of that text was because whilst Andrew did say that in court, it wasn't in any of our submitted papers. Obviously it will appear in the transcript.
I know what you mean about emotive language and you are probably correct. Certainly the Australian court was far dryer and more technical than I would have imagined (I've sat through earlier hearings with just Andrew and the Judge but this was considerably different). However, in the context here the other side had directly attacked Andrew's competence in their written submissions. As soon as Andrew fired back in his reply submission he destroyed them on this point and they completely dropped it. That was partly why Andrew started by pointing out that they had got his name wrong! They first claimed Andrew isn't able to handle a case like this and then get his name wrong on their main affidavit! It's worth scoring a point over that.
Their whole thrust was to make out that this was a cynical money grab: one of the ways to counter that was to bring a little emotion to it because Andrew (and I) really are emotional about it.
But yes, this has to be managed carefully.
Shoooo... I can feel my rage rising just hearing about it!
Funny... one of the top lawyers in CT got the docket number wrong on a case and I was naive enough to play fair and let them know. Boy did I learn too late. 🙄
Australia probably similar to ZA. Regarding prejudice and bias then. I'd watch for that as well.
I wish you had a good lawyer. It's mostly a money game sadly. Who knows who in the upper echelons. It's a club and all the good lawyers know the judges personally. So. Not much actual law or justice there really. Honestly. It is what it is.
If you guys ran a fund to raise money for this for a good lawyer?
I've had magistrates ignore legal protocol completely and rule in favour of someone who had a good lawyer when I couldn't afford one and did my own case in Regional court. And it was illegal. What she did.
And if your judge is dodgy the system will protect them. To protect itself. Of course.
Full support here. I know what you're up against.
"Justice". Ugh :(