Tuesday, 20 January 2009

COMMON LAW DAMAGES – It’s your Right.

Common Law is made by Juries. Even section 4 of the Jury Act 1977
No: 18 says, “verdict includes an assessment in civil proceedings”.
Damages: a sum of money awarded by a court as compensation for a tort
or a breach of contract. Damages are usually awarded as a lump sum.
The general principle is that the plaintiff is entitled to full compensation
for his losses.

Therefore, if a person believes that a settlement by an insurance company
(or any other institution) is inadequate or unfair, then he or she can take
their claim to a Court where a Jury will make an award for damages
which they, by their conscience, decide is right. A Judge then does what
the Jury tells him to do, and makes it an Order of the Court. Failure to
comply with a Court Order is an offence and a Jury has the power to
imprison the offender.

All Australians have the Right to go to Court and have a Jury administer
Justice. No Parliament has the power to take away the Rights of the
People – especially, the Right of access to their own Law, ie: Common
Law, and to the source of that Law, ie: Juries. Legislation passed by the
NSW Parliament in 2001, to remove the Right to Trial by Jury in the
District and Supreme Courts, is not only invalid because it is beyond the
Parliament’s power, ie: ultra vires, it is Treachery of the highest order.
The Right to Trial by Jury was guaranteed by the Charters of Liberty,
such as Magna Carta in 1215, Petition of Right 1627, Habeas Corpus
1641 and Bill of Rights 1688, which were entrenched as Constitutional
Law into Australia in 1828.

Schemes such as WorkCover administered by Statutory Bodies cannot
deny anyone access to Trial by Jury. The Right to Trial by Jury is
INALIENABLE, ie: it cannot be taken away and it cannot be given away.

Written by John Wilson, PO Box 4520, North Rocks, NSW, 2151.

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