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Explains why Aussiespeedingfines.com is a scam.
Aussie Speeding Fines
A legal analysis of Mike Palmer's ebook.

Barrister's legal advice:
"It's a scam.
Don't waste your money on this useless eBook"

  Previous Page 11 Next

 

 Unlawfully providing Legal Advice?

Mike Palmer is earning money selling legal advice and legal opinions. It is more than just legal information, it is a controversial strategy that has the ability to adversely affect your legal rights. Mike Palmer's book purports to tell you what your legal rights are, what the law is and how you should exercise your legal rights to achieve a specific goal. You are paying Mike Palmer to assist you to avoid liability for a criminal offence. So much is clear from the fact that his book is targeted at people who want to defeat being liable for speeding fines. The issuing by the police of a speeding infringement notice is a legal process and advice on how to deal with that process is legal advice, no matter how much Palmer might deny that it is. Palmer is selling you a legal strategy intended to affect your rights in a legal proceeding. It is not an offence to give legal assistance for free, and it is not an offence to provide people with information about the law. If aussiespeedingfines truly had your interests at heart, they would be providing this information free of charge just like fightfines.info does. if you charge money for providing legal assistance you could be engaging in legal practice. Under the s.2.2.2 of the Legal Profession Act 2004 it is unlawful to engage in legal practice without being registered. This offence is punishable by up to 2 years imprisonment. By charging money for his legal advice, Mike Palmer is possibly engaging in legal practice in breach of s.2.2.2 of the Legal Profession Act because he is not a registered legal practitioner in the state of Victoria. You can search for him yourself at the Legal Services Board.

If you have paid money to anyone for legal advice of this nature, you should demand to see a current legal practicing certificate. If the person is not a registered legal practitioner, they may be committing an offence against the law of the state in which they are practicing, i.e. in the state in which you are receiving the advice. You might wish to complain to the law institute in your state if you believe you have paid for legal advice from someone who is not qualified or registered. If as a result of relying on legal advice you have suffered loss and damage (e.g. you have lost your licence for 12 months because you lost the chance to defend yourself in court), you may be able to claim compensation from the person who gave you the incorrect advice. All lawyers carry insurance against such claims. Non-lawyers have no such cover and you will have a much harder time recovering your losses from a non-lawyer. You will also find that non-lawyers will have an exclusion clause that says they are not giving you legal advice (even though they are) and you are fully responsible for the choices you make and if in doubt you should get legal advice!

Palmer says he is not selling legal advice. Apparently he is just publishing a book. If that is true then he is obliged to deposit a copy of his book with the State Library of Victoria pursuant to s.49 Libraries Act:

1. A good copy of the whole of every new publication published in Victoria, other than a prescribed publication, must be deposited by or on behalf of the publisher in accordance with directions of the Library Board of Victoria at a place or with a person determined by the Board within two months after the day on which the publication was first published.

If you do a search at the State Library you will not find any record of a deposit of his publication. So is Palmer publishing a book or providing private legal opinions? As they say on ACA: You be the judge!

 

 

Contents
1. Introduction
2. The aussiespeedingfines strategy
3. The First Letter
4. Analysing the First letter
5. The Second Letter
6. Analysing the Second letter
7. What happens when you rely on the letters
8. Who operates aussiespeedingfines.com?
9. Aussiespeedingfines' Exclusion Clauses
10. More of Mike Palmer's legal nonsense
11. Unlawfully providing legal advice?
12. Terms and conditions of this website
 
 

 

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