It's not funny, and I'm not drunk. | Page 158 | FerrariChat

It's not funny, and I'm not drunk.

Discussion in 'Australia' started by Aircon, Apr 26, 2011.

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  1. au-yt

    au-yt F1 Veteran

    Aug 13, 2006
    5,838
    Burradoo... Actually
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    Graeme
  2. Aircon

    Aircon Ten Time F1 World Champ
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    Jun 23, 2003
    100,524
    Melbourne, Australia
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    Peter
    Hmmmm

    https://www.facebook.com/gippslandwaterseweragespill/
    My name is Bernie Ferguson. The Gippsland Water Regional Outfall Sewer runs through our dairy farm, adjacent to the Princess Highway at Flynn. Our farm is leased to our son who runs it as a dairy farm, in addition to his own farm.
    On the 2nd February 2016, Gippsland Waters sewerage pipe failed , filling our stock water storage dam with raw sewerage. This water is reticulated two kilometres and fed into thirty stock water troughs. Two hundred head of dairy cows had access to that water.
    On discovery of the sewerage spill, we immediately notified Gippsland Water, the milk company that our son supplies, Agriculture Victoria and the EPA.
    On the 3rd February 2016, we organised an alternative stock water supply and Gippsland Water commenced cleaning the contaminated dam and troughs. Decontamination took 12 days which was followed by water testing to confirm safety.
    On the 11th February 2016, Biosecurity Australia notified our son by email that all affected cattle and their progeny were to be quarantined for 18 months and could be only sold for slaughter under the supervision of a government veterinarian, at an approved abattoir. This was later revised to include all cattle under his Property Identification Code (800 head of cattle, plus any calves born within the quarantine period).
    The directive made by Biosecurity Australia was to ensure compliance with the law, thus preventing the possible spread of beef measles (Cysticercus Bovis). This condition was explained to us as it poses a threat to human health and a threat to Australia’s international biosecurity credentials. Australia has a $10 billion beef export industry.
    On the 14th October 2016 there was another raw sewerage spill by Gippsland Water, which resulted in a 4 Ha irrigated paddock being quarantined for two years from the 14th of October 2016.
    Our compliance with Biosecurity Australia’s requirements has caused a large additional financial burden to my son, at a time when the dairying industry has been hit with a massive price collapse.
    Examples of cost impact include:
    1) 45 head shot and dumped at a knackery
    2) Additional labour required for management
    3) Denied access to auction system. Price taker with forced disposal at approved abattoir.
    4) Exclusion from being able to sell breeder cattle into export or domestic markets
    5) Overall herd devaluation

    Gippsland Water have made no contact with us since the water system clean up or provided any offer to help manage our situation. Given this, I requested contact their CEO. I was told that their representative would contact me. When their representative visited our farm he stated that Gippsland Water “didn’t know what to do’” and his only suggestion was that we get the cattle “unquarantined”. No further advice was provided or assistance given.
    With no alternative we sought legal representation on the 18th February 2016. Our solicitor commissioned a Farm Consultant whose assessment was provided to the legal firm who represent Gippsland Water’s insurers (Sparke Helmore). Our son sought payment of an interim claim to provide cash-flow until the final assessment was completed. This was refused by Sparke Helmore.
    On the 12th April 2017, Sparke Helmore made an all inclusive offer of settlement, 16 months after the sewerage spill occurred. The offered amount was $15,000 , an amount that would scarcely cover our legal costs.
    The lack of input or assistance by Gippsland Water and the deliberate stalling by Sparke Helmore raises several questions.
    Gippsland Water
    1) Because Gippsland Water created the problem, do they have an obligation to help affected people manage the rectification?
    2) Being a state government authority, does Gippsland Water have a responsibility to ensure affected people abide by the law on human health and biosecurity issues?
    3) Does Gippsland Water have an obligation to ensure the financial impact caused by them is resolved in a timely manner?
    4) Has Gippsland Water in the past had any similar sewerage spills and just ignored the requirements of the law?
    5) Why does Gippsland Water or their insurers use Sparke Helmore as their legal representatives?
    Sparke Helmore
    1) In dragging this claim out for 16 months and refusing to pay an interim claim that is totally quantified, do they believe they are acting ethically and upholding the paramount duty of a law firm, that being ‘The administration of justice’?
    2) Are they acting unethically and irresponsibly by forcing people into breaking the law because of financial hardship deliberately caused by them and so putting at risk human health and a $10 billion export industry ?
    3) Is a $15,000 settlement offer By Sparke Helmore that will scarcely cover our legal costs an indication of how Sparke Helmore operate?

    I have not wanted to take this course of action. It is in response to nothing else working. I will be updating this site as required.
    If anyone has any suggestions or comments, please feel free
    Bernie Ferguson
     
  3. moretti

    moretti Five Time F1 World Champ
    Lifetime Rossa Owner

    Nov 1, 2003
    59,757
    Australia
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    John
    It's a tough old world :(

    Why doesn't he do a gofundme ?

    I'd contribute to that as opposed to some fat lazy tart wanting to take her kids to Disneyland
     
  4. kerrari

    kerrari Two Time F1 World Champ

    Oct 22, 2004
    24,040
    Coolum Beach AUSTRALIA
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    Karen H.
    unfortunately his final item 3 probably sums up the situation, but this does sound like a case the ambulance chaser lawyers may be able to help with since the Water people have basically admitted liability.
     
  5. Horse

    Horse Three Time F1 World Champ
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    When did you go to Disneyland?
     
  6. greg246

    greg246 Two Time F1 World Champ
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    Jun 2, 2004
    26,628
    #3931 greg246, May 22, 2017
    Last edited by a moderator: Sep 7, 2017
  7. Aircon

    Aircon Ten Time F1 World Champ
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    Jun 23, 2003
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  8. greg246

    greg246 Two Time F1 World Champ
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  9. Aircon

    Aircon Ten Time F1 World Champ
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  10. Steve355F1

    Steve355F1 F1 World Champ
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    Aug 26, 2011
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    The world is ok.

    The problem is religion in general, and one in particular.
     
  11. Ferraridoc

    Ferraridoc F1 World Champ
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    Jun 20, 2012
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    It's alright - you can say Islam
     
  12. au-yt

    au-yt F1 Veteran

    Aug 13, 2006
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    Burradoo... Actually
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  13. IanB

    IanB F1 World Champ
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    Jun 15, 2006
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    Sydney
  14. Ferraridoc

    Ferraridoc F1 World Champ
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  15. Ferraridoc

    Ferraridoc F1 World Champ
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  16. Aircon

    Aircon Ten Time F1 World Champ
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    Yeah!
     
  17. kerrari

    kerrari Two Time F1 World Champ

    Oct 22, 2004
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    A bit disingenuous given the IRA was responsible for between 621-644 civilian deaths, 656 British Army soldiers and 272 RUC policeman... PROSECUTE the offenders, ignore the religion (but remove special treatment from ALL religions)
     
  18. Ferraridoc

    Ferraridoc F1 World Champ
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    FFS, where do I start?
     
  19. moretti

    moretti Five Time F1 World Champ
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    Nov 1, 2003
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    600 years ago
     
  20. Ferraridoc

    Ferraridoc F1 World Champ
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    1400 would be even better.
     
  21. greg246

    greg246 Two Time F1 World Champ
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    Uhuh

    https://www.thereligionofpeace.com/attacks/attacks.aspx?Yr=Last30

    "It's far easier to act as if critics of Islam have a problem with Muslims as people than it is to accept the uncomfortable truth that Islam is different"
     
  22. FazzerPorscheman

    FazzerPorscheman F1 World Champ

    Jul 28, 2010
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    Piz Gloria
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    EnzoFerdinand
  23. Horse

    Horse Three Time F1 World Champ
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    Get anything signed?
     
  24. moretti

    moretti Five Time F1 World Champ
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    Nov 1, 2003
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    Next week :p
     

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