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Old 09-18-2004, 22:29   #1 (permalink)
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Legal Proceedings: Howto, and where to start?

I'm posting this in the hope that someone can help me work through the best way to go about getting a positive outcome.

The situation is this. Last year, whilst doing my HSC, my year co-ordinator got involved in a situation involving me and my ex-girlfriend. To cut a long, sordid story short, he basically told her i was a bad influence and did as best he could to make things difficult for the both of us (we were pretty well breaking up at this stage but it was very rough on the both of us).

After that happened he obviously made up his mind about me i.e. that i was a bad person etc etc. That didnt really bother me, as long as he kept it to himself and didnt make other people think bad things about me, especially when what he thought was all false anyway (my ex's mum pretty well painted me out to be 10,000x worse than i was).

What's happened now is that he has stuck his nose in AGAIN, this time he insulted my new gf (who goes to the same school i used to, thus she knows this teacher), and suggested that i ruined my ex's HSC (conveniently no mention of the stress i went through). This hasn't sat very well with me or my parents - effectively, this teacher is slandering me and saying things about me which are unwarranted, untrue, insulting, and making me look very bad.

So I intend to take legal action against him, because knowing him as i do he will not stop this. He has been instructed by the principal of the school not to say anything in regards to me personally or my relationship with my gf, but i know this wont work for 2 reasons - 1, the Principal says and promises a lot but doesnt do much, and 2, the teacher in question pays no attention to the principal anyway.

Therefore, i need to know the best way to go about this. I don't want to actually take it to court and sue him, i just want something along the lines of a letter saying 'keep your mouth shut or we will take this further' (said in formal legal speak ). I'm seeing a legal firm this week, but what's the best way to get this from them? I'm going ti explain the situation and tell them what i want to do, but is it possible to do this (i.e. have them write a letter to the teacher), and is there anything else i need to know in regards to this whole thing?

Sorry for being so vague in my description of the events, but i dont want to make it public on an internet forum is all.

TIA,

Aust (b2tf).
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Old 09-18-2004, 22:36   #2 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

You are doing exactly what you need already.
The only other thing you may think to do (will probably cost extra) is discuss if a letter can be sent to the school itself (the principle) stating that you will also hold the school system liable. This should get the principle off his ass in a big way as, if it all go's further, he will be held responsible by his/her managers too.

I wouldnt accept this sort of crap either, go the legal route for sure and, as a side note, try to burn this teacher in the process. If he is doing it to you I will bet he is doing it to others.
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Old 09-18-2004, 22:44   #3 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

Thanks Casper.

Just a few notes i should add:-

This is all in regards to a private school. I am meeting with the Principal on Tuesday and informing him of my intentions - whilst the letter will be addressed to the teacher in question, a copy will also be sent to the principal, as well as the school board. From there, they can do what they decide is best, as will I.

Also, i know some people are probably going to think I'm overreacting. It is a very vague description of events, but you've gotta understand that i don't exactly want my reputation ruined by this guy, especially when what he thinks of me is downright wrong! I love my current gf to bits and i don't want her to have to put up with all of this either.
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Old 09-18-2004, 23:18   #4 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

Just be careful getting into a legal fight, we all know what solicitors are like, but at the same time keep it as formal as possible.

Tell the principle that if it continues its only going to get him and his schools reputation involved, and he obviously wont want that if he knows whats good for him and his school, being a private school he will more then likely take your issues on board, however I would have asked for the individual to be present at the meeting and I would have also taken a good mate with me or one of my parents to back me up, why not be straight to the point, put your case foward and see how they react, you will soon know if they are going to take you seriously or not.

School teachers today are nothing but complete idiots (im sorry if anyone on here is a school teacher but ive met enough of you to understand how petty and selfish you can be), this is just a great example of the crap they would rather spend their time doing rather then educating our kids.

If you however wish to get a solicitor to write a letter to the individual it will cost you about $150, plus a bit extra if you want someone to serve the document on him (best get it done at night as that scares the shit out of people). Process servers cost about $100. Best if you get it sent to his home address im assuming....

I personally would rather take it up with him and the principle face to face, writing letters really isnt the way that I would be resolving the issue to start with atleast, specially not at your age, they will more then likely laugh at you. See how you go, if your not sucessful then start firing the bullets, coz if you press the wrong buttons you will more then likely get something in return specially if they are saying your conduct has interfered with other students learning... they will more then likely get your ex involved and her parents. So think long and hard about what your doing because as we know theres always 2 sides to each battle.

Treat them for what they are...
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Old 09-19-2004, 00:43   #5 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

I think a Lynching is in order for this bloke...

good luck with it mate.
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Old 09-19-2004, 00:56   #6 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

FPV TURBO,

thanks for your advice. At this stage both myself and my parents will be meeting with the principal on Tuesday morning (parents are going to really reinforce the fact that i am 100% serious about this).

I'm not aiming to get into a fight about, the legal aspect will be limited to a letter (if its required) served to the teacher in question.

Anyway, i guess we'll see how we go..........
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Old 09-19-2004, 01:12   #7 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

Gee what a difficult situation!!!
If you intend to send a letter send it registered mail and with a signature to drive the matter's seriousness home.
I wish I could help you but will be studying law November.....
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Old 09-19-2004, 01:33   #8 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

It looks like your pushing shit up hill trying to take action against a teacher at your fromal skool for what you have described, i would let your missus get into a blue with him and tape it and get proof of what hes saying then you have evidence and threaten to spread it across all the local paper if hes not sacked. Similar thing happen at my sisters private collage she attended and it worked well for the parents of this girl and he was transfered to another skool within a few weeks. If that dont work i could mention a few things that will but best keep them quiet till you hear back from the letter idear.
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Old 09-19-2004, 01:34   #9 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

OK, dont realy understand what all the fuss is about if all that he is doing is telling you girl friend that you are a "bad influence" your GF should be smart enough to know that it's not true !, as for your ex's mother who gives a s**t, BUT if this guy is saying stuff to other people out side of the school then get him for slander.
I would just like to know how old you are and how you think this may affect you future and since your out of school what are you doing going out with a girl still at school ?
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Old 09-19-2004, 01:49   #10 (permalink)
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Re: Legal Proceedings: Howto, and where to start?

Quote:
Originally Posted by shane3
I would just like to know how old you are and how you think this may affect you future and since your out of school what are you doing going out with a girl still at school ?
Im guessing he is only young, if not lynching time. Pesonally i think its a stupid thing to take it to court or even get letters written like what has been suggested. This country is turning out like so many others were sueing for every little thing that goes wrong, or taking legal action for every dick who badmouths someone.
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