Legal Fees (Assorted Topics)

acerman i here ya buds and im with ya.call it damages ore any other name but the goc must pay.
allways question athority
propat

Was the Government even asked if they would pay? If the Government refuses can not this be part of the damages we seek? Any thing less is a clawback in sort again. Why just refuse to negotiate and bring this totally before the courts? Maybe a long drawn out trial with ugly stories of what this claw back has done will bring us true damages!

acerman1234

McInnes Cooper cannot force the Government to pay legal fees. The Federal Court Rules provide that no costs are generally payable in class action proceedings. This benefits a Plaintiff in the event that they lose, but unfortunately also benefits a Defendant. As there is no legal way to force the Government to pay legal fees, this issue does not form part of the negotiations with the Government nor part of the Court case against the Government. Legal fees will be set by the Court at the end of the Court process.

Navrat, regarding your post at 18:44. You raise a very good point.There seem to be discrepancies in many areas and I guess we will see more in the future between classes or sub classes, whatever they are called. And what are we to think of the recent SISIP recipients (less than 24 months) who will benefit from this Federal Court ruling without paying any legal fees?

(copied over from another post, and amended)

this matter is still being worked on, so it has not been resolved as of yet, and should not be signed off by anyone before the judge is given it as a sticking point.

if it must go back to the judge to decide, then let him, this will not drag out another year or two as it is in his power to sort out now.

it is too late for the government to appeal the decision (May 1st) against them

Navrat that's a good point about those in receipt are in the clear but those of us zeroed out are "sol".

So let's hope that by voicing our opinions and thoughts start to bring the light of logic to the powers to be to do the right thing.

As for the press I'm pretty sure they are looking at it but I will see what I can muster up Recon.

To tell you the truth, Teen mentioned the law firm already asked the government and they said a big no. S o i have a very bad feeling this is already decided because why are they mentioning all this CRA letters and so on. Even if you can deduct it , it would not be dollar for dollar so unless they change there mind, if someone is owed (myself my sisip clawback for VAC is 2500 a month times 97 months which equals 242000 but if you take off 30 percent that is 72000 dollars then take offincometax 30 percent at least 72000 i will be lucky to clear 100000 for 8 years of income. TO me that does not make sense or is very fair at all. I would have been better off reciving it all those years.

Hi TeenTitan ,

This situation is creating the Perfect Storm for the Media to get involved before it is sorted out , CTV National News Would / Will have Great Ratings WHY ?... .Because the Veterans would be getting Raped AGAIN , before ....... JUDGE BARNES ..... gets to hand down his Decision , JUDGE BARNES , holds the key to this majic box & i believe should shed some light TO BOTH PARTIES INVOLVED , before CTV NEWS catch this , & mess up the match only to drag it on longer .

Question of the Day : Will The Federal Government be handed the BILL FOR LEGAL FEES because they LOST or not ?.

Mr. Peter Driscoll , over to YOU .........................

Teen, please correct me if i am wrong, We will have to pay whatever rate the judge decides on our offset. If this is the case the first thing that comes to me is all those people on sisip ltd for all those years got there monthly payment but us , the class will have to give up a portion of ours just to get what was rightly owed to us. So for 8 years, what i am owed, i get deducted but someone released and had no clawback got every penny of there 75 percent from sisip. If there was ever a more unfair situation , this is why the goverment must pay the legal fees because we are being screwed again because we had to take the legal route

I agree, the government should cover all legal cost as part of damages. Like many of my fellow vets I am a zero out member. I served in 6 active duty tours including the gulf war, somalia, hatiti etc. I am honoured to have serve beside and with some of the best people in our country. Vets aren't just a group of people that come out on Nov 11, they are the soul behind the honour and respect our country recieves from other nations. Please remember us as we remember thoses of us that are no longer here.

As explained to me by Peter Driscoll the last topic to be discussed between the lawfirm and Judge Barnes is legal fees. Legal fees are always last because the lawfirm does not want to look like they gave up on a point for the class to get a better payment for them.

The above is info for everyone to let them know it's the last thing discussed. Personally I agree with everyone the government should pay the legal fees. This is an issue of a bad policy by the TB that SISIP had to follow. So to make veterans pay for this bad government policy in an insurance plan meant to help us when we are wounded is absolutely insane!

I said it on another thread and I will say it again...PM Harper you talked the talk and did not appeal Judge Barnes decision. Now walk the walk and pay the legal fees.

By doing this Mr. Prime Minister you will show us that your government fixed what 30/35 years of governments refused to do. You will also prove to veterans that you are a man that admitted to a mistake and willing to take the punishment for said mistake. Just like we did in our military career.

Do you know why they talk about legal fees in the note from the lawyers of course in is hidden at the end so most people did not see it? Because the government and the law fimr are going to stick it to us and they are preparing the VASELINE to do just that! Hell who cares I mean who is out there sticking up for us zero-sum and the rest. I think we are on the slippery slope....

still we should be fighting I mean the sisisp LTD guys dont pay now and I am happy for them but we should not go down that slope of paying the legal fees without a fight - you are Bang On navrat!, let the government pay for it.

I also read about the legal fees and how they are trying to get them tax deductable. This worries me because i think the government should cover the legal fees because people right now who started to receive their monthly sisip ltd will not have any deducted so this creates an unfair burden on those who are zero sum before the 24 last months. Think of it this way say you get 20000, legal fees are 30 percent so that is 6000 off the top plus income tax another 30 pecent, 6000 so you clear 8000.
Take care
navrat out