common law

[scuba-steve]

I invite and ask if there are any lawyers onsite to jump in on this one. i by no means say this is right or think it is but want peoples view on it. ill kick of just quoting a few things i seen to read or over heard .

"Did You Know That Road Tolls Around Australia Are Illegal"?

When a driving license (DL) is taken away due to a monetary reason and it is said that a person can no longer drive on the roads.

This is a human rights violation.

"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.

The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right

so you get the point .. its a right to travel so your thoughts

[faulked]

as a gardener id guess your right but from a pedestrians point of view as opposed to a motorist as ive often been told its a priveledge not a right to be able to drive

[rayke1938]

I invite and ask if there are any lawyers onsite to jump in on this one. i by no means say this is right or think it is but want peoples view on it. ill kick of just quoting a few things i seen to read or over heard .

"Did You Know That Road Tolls Around Australia Are Illegal"?

When a driving license (DL) is taken away due to a monetary reason and it is said that a person can no longer drive on the roads.

This is a human rights violation.

"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.

The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right

so you get the point .. its a right to travel so your thoughts

One Definition of common law.

Common law

From Wikipedia, the free encyclopedia

This article is about the general legal concept. For the book by Oliver Wendell Holmes, Jr., see The Common Law.

Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law,[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent.[3] Thereafter, the new decision becomes precedent, and will bind future courts.

In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems.

Common law legal systems are in widespread use, particularly in England where it originated in the Middle Ages,[4] and in nations or regions that trace their legal heritage to England as former colonies of the British Empire, including the United States, Malaysia, Singapore, Bangladesh, Pakistan, Sri Lanka, India,[5] Ghana, Cameroon, Canada, Ireland, New Zealand, South Africa, Zimbabwe, Hong Kong, and Australia.[6]

I am in no way an legal expert but the first thing I woulkd challenge is by what authority do you make your statements?

I have been involved in a few legal union based cases where the common law concept has been utilized and what a field day it was for the Qcs with days or weeks involved of legal argument with subsequent accounts in the hundreds of thousands of dollars and that was 15 years ago.

If you wish to challenge go for it.

Remember an opinion is only an opinion until it is established in law.

Cheers

Ray

[daveylad]

I'd say your rights only go as far as "Shank's Pony"

[Guest]

I find the whole thing, one big rip off :dry:

Cheers

Darren

[scuba-steve]

ok well i made a few calls today and called like 100 diffrent lawyers . a few of them where like no ....then 80percent stated we have been waiting for someone to find this out so we can try it in court over in the uk and the states it has been done and tryed and it true if you state you do not wish to enter in to contract Ie getting lic and rego you dont have to. but no one has or will try it. just handy to know i guess. but all fines and tickets can not be in forced. and a few lawyers even stated that the income tax we pay we dont have to.

[BassTracker]

With income tax you dont have to pay by choice you enter into a contract with Australia the corporation by filing for a tax file number, If you don't do this the person who employs you who does have a tax file number is required to garnish your wages for tax purposes to around 50 cents in the dollar, Australia does have a corporation number (is a registered Corp)

[Gad]

ok well i made a few calls today and called like 100 diffrent lawyers . a few of them where like no ....then 80percent stated we have been waiting for someone to find this out so we can try it in court over in the uk and the states it has been done and tryed and it true if you state you do not wish to enter in to contract Ie getting lic and rego you dont have to. but no one has or will try it. just handy to know i guess. but all fines and tickets can not be in forced. and a few lawyers even stated that the income tax we pay we dont have to.

yep... and if you have multi millions $$$,that you want to donate to the legal eagles, they will take your case to the highest courts in the Intergalatic Cosmos,and just before the Supreme Cosmic Guru gives his ruling,some blithering group of parliamentarians would pass retrospective legislation that would crap all over it.

If a challenge to the laws were highly likely to succeed,and also not financially crippling,I`m sure the legal minds would have banded together to pursue these common law areas long ago.

[BassTracker]

yeah guys have been having a crack at this one fr a long time.. not gunna happen, its like carbon imissions and poverty, both could be fixed but niether will be

[bootyinblue]

Pfffftt!

[billythakid]

the toll roads are charged as a convienience to use as there is always another route to avoid the toll roads , might be 100k's longer to get there via the back of hicksville but there will always be a route without any tolls as far as i am aware .

[Freshy]

I guess the pertinent question is, how many of the lawyers contacted are currently unlicenced!!!

[scuba-steve]

well how of like 20 or how every many i called only 5 know of this loop hole. and based on the law they cant be lawyers and get paid if they wish to do what i posted about. my old man is one who is at the moment doing this thing. and getting away with it

[greystoke]

"getting away with it" read, hasn't been caught

challenge it in court and win, then he's getting away with it.

I've seen quite a few run this line and appear in court, so far not one has got away with it.

My understanding is -

'Common Law' only holds sway so far as there is no legislated law for a particular circumstance.

[ellicat]

I guess if we don't pay taxes there will be no roads. A win win all round

[bennykenny]

The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right

so you get the point .. its a right to travel so your thoughts

you may have a right to travel apon the highways, this doesnt mean you have a right to drive.and if it ever got to the High court this word would be a big point.