Our formal reply to Allianz NSW workcover case managers threatening us with defamation

Further to having received a rather pathetic and certainly unwarranted, threatening and intimidating letter from Radford Lawyers, on behalf of three lovely Allianz NSW workers compensation case managers, alleging us of defaming them, aworkcovervictimdiary.com has not been shy and has formally replied to these lovely ladies. Our marvelous  Legal representative, Atlas Legal has, most kindly, not only accepted service of any Writ, Summons, Claim, Statement or Complaint, but they have also put our thoughts into “gentle words” and FREE OF CHARGE!

Our formal reply to Allianz NSW workcover case managers threatening us with defamation

Atlas Legal formal reply to Radford lawyers

 

Note: we have deliberately omitted Atlas Legal’s physical address and phone/fax numbers in order to protect our “Atlasman” from any trolling / internet / cyber-related spam. (letter missing after changing our site to a new server- sorry, we’ll put it back up).

Atlas Legal and workcovervictimsdiary.com look very much forward to a reply, however we doubt that we’ll hear anything more. The original intimidating and threatening letter was dated 12 March, well over one month ago; and whilst a workcovervictimsdiary.com did not comply with the “demands” in Mr Radford’s letter, and merely published the insulting letter, we have not heard a squeak since….

We take this opportunity to thank you again for your misguided attempt to advise workcovervictimsdiary.com of their rights at law and of accusing them of something they did not do. As Atlasman stated, it is our humble and seriously injured opinion that you would be better served if you had explained to those three “defamed ladies” their rights and especially, their obligations under the law. These obligations include the manner in which certain ladies behave at work and perhaps also outside of work and what certain case managers have the time to do, besides infiltrating

 

Note: Read more about costs Colgate v Palmolive

The Principle with respect to indemnity costs are conveniently stated by Shephard J in Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 at 223 to 234.

These principles may be sumarised as follows:

  • The circumstances of the case must be such as to warrant the court to depart from the settled practice of ordering costs on a party.party basis;
  • The circumstances may warrant the granting of indemnity costs is he making of allegations of fraud knowing them to be false and the making of irrelevant allegations of fraud; evidence of particular misconduct that causes loss of time to the Court and to the other parties;
  • The fact that the proceedings were commenced or continued for some ulterior motive or in a willful disregard of known facts or clearly established how the making of allegations which ought never have been made or be undue prolongation of a case by groundless contentions; and on imprudent refusal of an offer to compromise.

 

 

 

Please help us say thank you to Atlas Legal!

 



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12 Responses to “Our formal reply to Allianz NSW workcover case managers threatening us with defamation”

  1. Sell the peoples assestts farm out work to multi national companies strip money  from government depts and what have we got nothing and the pricks think they can manage a budget no pullin the wool over my eyes

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  2. Quote: The fact that the proceedings were commenced or continued for some ulterior motive or in a willful disregard of known facts or clearly established how the making of allegations which ought never have been made or be undue prolongation of a case by groundless contentions; and on imprudent refusal of an offer to compromise…

    Yeah, smell totally like Ahhhh ahhhh ahhhh if you know what I mean, duh!

    What is the ulterior motive here, folks? That’s right, to shut genuine injured workers up. Strip them of their rights. Strip them of their legit entitlements, benefits and reduce them all to “system milkers”, criminals and now also “defamers”. But, folks, look who’s bullying who? Look who is threatening who? A giant insurance company against some injured workers’ blog, Grrraawwww!

    Injured workers have the right and freedom of speech ya know. And we will continue to expose the TRUTH. The TRUTH will prevail

    Thank you Atlas Legal, it’s comforting to know that there are still great lawyers around who strongly believe in basic human rights and justice, and who will help the little guys stand up!

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    workcovervictim3 April 20, 2012 at 8:11 pm
  3. Thank you to WCV & Atlas Legal for standing up for what is right but I’m not sure I agree completely with WCV3. I am not convinced that the great big insurance company actually knows what the 3 employee’s did with their Company’s name & reputation. I think that Atlas Legal should seriously consider sending a copy of their letter to the Company’s head office. The named have seriously brought the Company’s name & reputation into disrepute. The majority of employee’s sign employment contract’s stating that they will be sacked if they do anything to bring the Employer into bad light or disrepute.

    Do you understand where I am going with this? I think it’s called ‘shooting one’s self in the foot’ or Karma, which ever you prefer!

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    • I can almost guarantee that Allianz head office initiated and funded this action.

      These three “ladies” didn’t hire a big gun lawyer, funded it themselves, and didn’t tell their employer.

      If you believe that Allianz doens’t know about this I think you’re very naive.

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      • Absolutely, Terry Towell is the Managing Director of Allianz Australia and Nicholas Scofield is General Manager Corporate Affairs. ” It was impossible to determine the pay and perks of nine Allianz Australia directors because their remuneration is not made public.”, these people sipping their whatever have the blood of many worker’s on their hands by managing company policy to deny delay and avoid claims. The company spending the most on advertising and corporate perks is the worst payer, the most dishonest player in-my experience and I will not be silent and stop saying that. This week the medical panel ruled in my favour after 3 plus years of Allianz denial. http://www.hereticpress.com/Editorials/Editorial09.html

        If you look at the company history, are we forbidden to mention letters by Holocaust survivors falling on deaf Allainz ears. If you work there at a Directors level, you must have lost your heart many years ago, to enrich yourself and not quickly pay valid workcover claims. This is not car insurance, it is Australian worker’s lives and we demand they with due diligence quickly process claims.

        Terry Towell ultimately directed this feeble intimidation attempt on an aggrieved victim. How was your Allianz experience after being hurt at work? “Bloody Awful! And they tried to stop me talking about it as well” Dare I mention the level of the intimidating threat on an injured worker, without mighty Atlas beside you it would be more intimidating and Allianz would gladly take your home in compensation for slander in an action that on Terry can afford. Terry Towell has the dollars and budget to avoid delay deny and legally INTIMIDATE. I have twice witnessed in disbelief an Allianz employed Australian Psychological Society registered psychologist attend a workplace twice for a private management ordered consultation to try and convince an injured worker that they were adopting a-victim-mentality by making a workcover claim and that it would be better for their mental health to drop the compo claim. Allianz: Avoid, Delay, Deny and Intimidate.

        ATLAS Standing strong against bullies

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        • So so glad you finally obtained justice and had you LEGIT claim approved – but, God, after 3 hellish years! Allianz ***Avoid, Delay, Deny and Intimidate*** ought to be deeply ashamed of themselves. They are trained in the art of bullying and intimidation. I don’t know how these people sleep at night.

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          workcovervictim3 June 7, 2012 at 10:13 am
  4. Also, the “ladies” brought the company into disrepute when they were mentioned adversely in the Workers Compensation Commission of NSW — Allianz was there, their legal team was there, acting on behalf of the NSW WorkCover Scheme. Therefore Allianz knew, WorkCover NSW knew.

    Were the ladies sacked? No, they were not. Why were they not sacked? Because it is Allianz (unwritten) policy to threaten and intimidate injured workers.

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  5. Thank you so much atlas legal
    Nothing like rubbing their nose in it 🙂
    If only now we could discipline them with the sunday newspaper lol
    “now thats a good boy radford”
    roll over while we tickle your tummy
    I hope you,re not feeling too “ruff”
    you get back what you give out so don,t be too butthurt LOL
    ranty poopypants (the third)

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  6. Thanks for the rap over the knuckles Nope!  I thought we were all on the same side?

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    • We are mate, but I felt that needed to be said.

      I’m sorry if the message came across harshly.

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      • I think we are all in an ‘injured’ state 1 way or another & your apology was not needed but thankfully accepted. ;0) We all have different experiences with our WC agents & before WCV’s wonderful site came along, we had nowhere to share them. Now that we can share them, hopefully one persons experience can help another. I am not naive, but I am suffering from a serious head injury caused by an accident in my workplace.

        {unprivatized by WCV3 – None maybe using TOR (like many others) and won’t be able to read if private} 😉

         

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  7. Thank you AtlasLegal AU, you’re the best, together with aworkcovervictimsdiary and Lisa that is 😉 🙂

    THANK YOU, THANK YOU, THANK YOU !

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