[AusNOG] AFACT logged an appeal

[Mark Newton]

An appeal will only win if they can show that the judge made an error  
of law.

They won't be able to introduce new evidence, and they oughtn't be  
able to re-litigate the facts of the case.

Have a re-read of Cowdroy J's ruling again in that light. Take note of  
the way that he nails each of his conclusions to a series of well- 
explained facts and simple snippits of legislation and caselaw.

It's a very conservative judgement. Even if their appeal wins on a few  
points, I think it'll be difficult for AFACT to find errors of law  
which change the outcome in any meaningful way.

IANAL, but I can pretend to be one on the Internet :)

    - mark

On 25/02/2010, at 14:59, Jeremy Visser <jeremy at visser.name> wrote:

> On 25/02/10 12:32, Julian DeMarchi wrote:
>> Why waste more money?????????
>
> Or, rather, what is the purpose of a democracy and legal system when
> those with money can just keep appealing until they get a verdict they
> agree with.
>
> Maybe I haven't seen enough non-technical court cases, but all I ever
> see "appeals" being used for is getting your own way, rather than
> receiving what is supposed to be just.
>
> Maybe this is an unreasonable or naïve expectation, but shouldn't the
> judge make the right decision in the first place, and leave it at  
> that?
>
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