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Old 11-10-2015, 15:32   #121
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Re: Aussie Legal Hurdles (RTW) ???

To summarise, Chris,s best bet is to stock up on tucker and booze, set sail before daylight, zip around the world, and quietly put the boat back in the pen, all the while attempting to come up with a reasonable excuse for the "where the hell have you been" from his partner.
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Old 11-10-2015, 15:45   #122
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Re: Aussie Legal Hurdles (RTW) ???

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Errors of law are the usual but not only basis for any appeal i see Hatzimanolis v AM Corporation Ltd, appeals in the criminal jurisdiction are not "as of right" they only occur when leave is granted and leave will only be granted when the matter is or is likely to have wide ranging effect, when the matter defines a contentious point of law or when the miscarriage of justice is so gross that the court must act.

The High Court has consistently stated that it is not a court of criminal appeal. see for example MASON J discussion on this point

I

I am enjoying these discussions.
Very true
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Old 11-10-2015, 15:58   #123
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Re: Aussie Legal Hurdles (RTW) ???

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To summarise, Chris,s best bet is to stock up on tucker and booze, set sail before daylight, zip around the world, and quietly put the boat back in the pen, all the while attempting to come up with a reasonable excuse for the "where the hell have you been" from his partner.
Wotname reckons he is a she and it's his hypothetical and we can't change stuff.....

I think it would be more like "where the hell have you been and where did that little bundle of fun come from ???????"
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Old 11-10-2015, 16:02   #124
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Re: Aussie Legal Hurdles (RTW) ???

You know babies born outside of Australia, both on sail boats and on land happen all the time without any problems.
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Old 11-10-2015, 16:35   #125
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Re: Aussie Legal Hurdles (RTW) ???

At Sea.....is it a Birthing or a Berthing?
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Old 11-10-2015, 16:58   #126
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Re: Aussie Legal Hurdles (RTW) ???

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You know babies born outside of Australia, both on sail boats and on land happen all the time without any problems.
At sea they may take the nationality of the ship...no flag = stateless
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Old 11-10-2015, 17:52   #127
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Re: Aussie Legal Hurdles (RTW) ???

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At sea they may take the nationality of the ship...no flag = stateless

I'd like to see you back that up with legislation?

I don't believe it has anything at all to do with what flag the ship is operating under. A child born to Australian Citizen's anywhere in the world remains an Australian citizen as far as I'm aware.
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Old 11-10-2015, 18:21   #128
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Re: Aussie Legal Hurdles (RTW) ???

Many years ago, I was approached by an investors group with a plan to buy a small cruise ship, suitable for conversion into a maternity hospital.

Their intent was to use the Ship's Canadian registration to legitimize application for Canadian citizenship.

This mostly for Asian clients whose children would be born onboard at sea.

I was not interested for ethical reasons, so did not personally research the legal aspect, but the immigration lawyer of the group assured me it was workable.

Having said that, never heard of a ship doing that.
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Old 11-10-2015, 18:34   #129
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Re: Aussie Legal Hurdles (RTW) ???

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I'd like to see you back that up with legislation?

I don't believe it has anything at all to do with what flag the ship is operating under. A child born to Australian Citizen's anywhere in the world remains an Australian citizen as far as I'm aware.
Her ship is flagless and we only have her word for the fact that she is australian.

The child's father would appear to be 'unknown'....
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Old 11-10-2015, 18:37   #130
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Re: Aussie Legal Hurdles (RTW) ???

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Her ship is flagless and we only have her word for the fact that she is australian.

The child's father would appear to be 'unknown'....

Well, like I said before then, her and her bastard child are both going to Naru

"Bastard" said as per the old English terminology and not as abuse not that it makes it sound any better
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Old 12-10-2015, 03:10   #131
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Re: Aussie Legal Hurdles (RTW) ???

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Her ship is flagless and we only have her word for the fact that she is Australian.....
It was only in your hypothetical that the dog ate the birth certificate etc.

In the one true hypothetical, Chris has her Aussie photo drivers license and her birth certificate safely on board. In a post some pages back, she also rolled over on the ships registration...

No one has answered the question though if her log entry noting Indian Rounder's birth is acceptable explanation for the additional otherwise unidentified baby on board.

Leaving aside Naru for the moment (pleeeeeeze)....
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Old 12-10-2015, 03:15   #132
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Re: Aussie Legal Hurdles (RTW) ???

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At Sea.....is it a Birthing or a Berthing?
At sea...it is consecutive but you got the order ar*e about
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Old 12-10-2015, 03:18   #133
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Re: Aussie Legal Hurdles (RTW) ???

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It was only in your hypothetical that the dog ate the birth certificate etc.

In the one true hypothetical, Chris has her Aussie photo drivers license and her birth certificate safely on board. In a post some pages back, she also rolled over on the ships registration...

No one has answered the question though if her log entry noting Indian Rounder's birth is acceptable explanation for the additional otherwise unidentified baby on board.

Leaving aside Naru for the moment (pleeeeeeze)....
I'm guessing the 'log' is not that important. She can prove she's an Australian citizen and therefore so is her child.
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Old 12-10-2015, 03:20   #134
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Re: Aussie Legal Hurdles (RTW) ???

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If we go for 'R' rating.

'The Second coming of Chris.....a Tale of two Horns.....and one horny customs officer'
I think you meant 'The Second coming for Chris etc'
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Old 12-10-2015, 03:24   #135
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Re: Aussie Legal Hurdles (RTW) ???

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I'm guessing the 'log' is not that important. She can prove she's an Australian citizen and therefore so is her child.
Well without a DNA test or the log entry we have no proof that it is her child.





She might be one those people smugglers - oh heck, Naru again and it was me this time...
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