HORSE LAW AUSTRALIA

TACTICS

 

 

PROOF

  • Their word against yours is not very helpful in Court. Words can and do constitute a 'verbal contract' but you have to prove it to convince the Court.
  • Documentary Evidence is all powerful. Registration papers, Newspaper Advertisements. Copy of Internet Adverts and so on. Emails from the Seller to you.
  • Proof provided by experts.
  • Video and Photographic evidence
  • X-Rays

WITNESSES

  • Your friends who were with your at the point of sale and heard the conversations.
  • The Veterinary Surgeon, EFA Coach, Horsemen and so on.

 

YOUR BEHAVIOR

  • If things go wrong with your purchase, DO not get emotional or nasty with the Seller. Remain reasonable and nice. Ask for them to take the horse back and give you a refund if you have good and proper grounds, NOT upon any frivolous change of mind.
  • If they refuse, immediately put the request to them in writing and give them 21 days to pay, take the horse back etc.
  • Do not talk to them again.
  • Phone calls are a waste of time and not helpful in Court.
  • Stay nice, write nice, keep it simply, stick to the brief main points.
  • Do not get involved in any personal stuff. It will come back to 'bit you on the bum' in Court.

 

COURT MANNERS

  • Be gracious, be willing to negotiate, be well mannered, dress well.
  • DO NOT ADDRESS THE DEFENDANT, do not look at the defendant when you are both standing at the table.
  • Keep the smart faces off yourself, do not make sarcastic comments, stick to the main points.

ABOUT THE JUDGE

  • They are all there to help the innocent and aggrieved.
  • They are all very wise and fair people.
  • They can read your mind and character as well as that of the defendant.
  • They do not like smart asses. They have seen too many of them already.
  • Address them as 'Your Honor' or at least Sir/Madam.

 

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