[2600-AU] Apple cannot be trusted - violation of Australian federal Data Protection/Electronic Crime Law

[Zenaan Harkness]

On Wed, Dec 04, 2019 at 07:05:47PM +1100, Sid E wrote:
> All the affidavits were dismissed, not just some, ALL, including 2
> witnesses there at the time, and the person putting the case against me.

I would like to know why they were dismissed - sometimes there's some
technicality, such as the other side failing to provide their
affidavits within allowed time frames, or some other technicality;
but "affidavits are not allowed in the Magistrates Court" is simply
not true, that's why I was hoping you might remember, or be able to
look up, how you got the other side's affidavits removed - could be
useful to me (and others) in the future :)


> If I represented myself it would have been much more difficult to win even
> though ultimately i was innocent.
> 
> I spent hours and hours building a case with CCTV footage, sms screenshots
> and information about phone calls, a detailed log of events for almost a
> year...
> 
> And like you suggested I put it all together in a nicely orderly fashion to
> make it easy to present to a magistrate, save the lawyers time and save big
> $, unless you get paid like $400 an hour then just dump a pile of paperwork
> on them...

Well done, sounds like your work paid off - in more ways than one.


> I'm wasnt trying to say you're completely wrong at all with your advice - I

Since IANAL, I can give no "legal advice", only my opinions =)


> was just pointing out affidavits can't be used in the magistrates court,
> which is actually not that significant if you have witnesses on hand - so
> if OP (i know where you live) decides to go to court he's aware and ready
> with proper evidence, or particulars as they like to call it.
> 
> Also I don't really know where OP lives but I reckon I could backtrace it

If it was  "relatively recent", it might be an interesting adventure
for them to drag Apple's butt into small claims :)

For the $37 filing fee and a few hours of preparation, you can't go
too far wrong on this one :)

Although personally, I'd at least consult a lawyer about "reasonable"
exemplary damages given the circumstances, and a useful precedent or
10 related to such claims, and then file in the appropriate court for
the size of the claim.

And remember to enjoy the journey,