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State Of Origin 3 Discussion - Printable Version

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RE: State Of Origin 3 Discussion - theaxe1606 - 07-06-2015

Fair enough, I feel bad for the guy........as bad as I can feel for a player I despise.


RE: State Of Origin 3 Discussion - ak47 - 07-06-2015

Smith has too much integrity OFF the field. He wont even fuel this fire. He knows that everyone knows that this journalism is a piece of sh*t low blow and a stunt to sell more books.


RE: State Of Origin 3 Discussion - Yuna - 07-06-2015

(07-06-2015, 01:40 PM)ak47 Wrote: Smith has too much integrity OFF the field. He wont even fuel this fire. He knows that everyone knows that this journalism is a piece of sh*t low blow and a stunt to sell more books.

Smith is very upset apparently and doesn't want to face the media and also taken time off to spend with his family.


RE: State Of Origin 3 Discussion - Steeler - 07-06-2015

(07-06-2015, 12:45 PM)ak47 Wrote: Just because Alex made it to the NRL doesn't give him the right to pursue for damages, just because the NRL has money. Its all in their contracts they sign.

That statement shows that you know absolutely nothing about workplace injury law. Of course he can sue.

And you can not sign away your legal right to sue in Australia. No matter what is written in their contracts, they could still sue. Any time you see statements like "you enter at your own risk" or "we take no responsibility for" or "we will not be held liable for" in Australia, they hold no legal weight at all.

(07-06-2015, 01:32 PM)SOR Wrote: For defamation suits I believe you need to prove the following:

1. You were financially harmed. If Smith loses endorsement deals etc off of this he'd have grounds to sue but right now he has not

2. You can prove it's untrue. Right now it's "he said" and "she said" stuff. Smith would need legitimate proof that McKinnon was lying which would be unlikely to be found.

Absolutely correct.

In addition, you have to prove that the defamatory statement was believable to a reasonable person.


RE: State Of Origin 3 Discussion - SOR - 07-06-2015

(07-06-2015, 01:33 PM)Yuna Wrote:
(07-06-2015, 01:32 PM)SOR Wrote: For defamation suits I believe you need to prove the following:

1. You were financially harmed. If Smith loses endorsement deals etc off of this he'd have grounds to sue but right now he has not

2. You can prove it's untrue. Right now it's "he said" and "she said" stuff. Smith would need legitimate proof that McKinnon was lying which would be unlikely to be found.

---

With that in mind I doubt Smith would sue.

What, so you're a law student are ya :p

No. In media classes I've had to write essays on what can be said and what cannot be said. Also have to understand the laws a little bit.

It's really boring stuff so I'll spare you all but basically if you're not hurt financially you can't really do anything about being defamed except defend yourself and ask for retractions.


RE: State Of Origin 3 Discussion - Steeler - 07-06-2015

We don't have punitive damages in Australia, so you can only be awarded money for actual damages.


RE: State Of Origin 3 Discussion - Ross - 07-06-2015

You would have to make good at court that the game was a workplace. I don't think that has worked so far for anybody to great success, mostly leagues (AFL, NRL, etc.) have settled.

You can waive your civil rights in Australia. Weight is given to such waivers except where there are acts of negligence or where damages are foreseeable.

Defamation in Australia is a hard case to make, very few get up or are worth the fight. I don't believe from what I have seen that there is anything defamatory in what has been said in this case, at best the defamation is inferred by omission. Defamation cases do provide some of the best transcripts at court as they are mostly fights related to "principles" (there is no place in court for those!). I studied some classic defamation cases at Law school - Gutnick heard in Melbourne but under US Law set some awesome precedents related to the internet (if anyone here cares or is interested Smile ).

The reasonable persons test with regard to defamation is US Law.


RE: State Of Origin 3 Discussion - Jasche78 - 07-06-2015

^ Yep , what Ross says along with physical and fault elements of the offence needed to be satisfied and also "proofs" of the offence need to be established and an actual or perceived damage or loss identified.....they are very hard cases to build a prosecution.


RE: State Of Origin 3 Discussion - HOBBSTAR - 07-06-2015

GO THE QLD MAROONS!!!


RE: State Of Origin 3 Discussion - Yuna - 07-06-2015

Someone took the liberty to upload the whole injury on youtube to clear Smith

https://www.youtube.com/watch?v=GC1CCzBJDnE&sns=tw

I remember Alex saying on the interview "Is he arguing the WHOLE time???, Thats f****** ridiculous"

The fact is, Smith only spent 31secs talking to the ref.