[BLML] Delayed challenge to a claim [SEC=UNOFFICIAL]

Richard HILLS richard.hills at immi.gov.au
Thu Nov 7 22:20:13 CET 2013


Inscription upon the gravestone of Spike Milligan:

Duirt me leat go raibh me breoite.
[I told you I was ill.]

Richard Hills:

>>(1) The non-claimers did NOT create any irregularity whatsoever. A non-
>>claiming side has a RIGHT to delay acceptance of a claim under Law 69A.
>>(2) Law 70A's prescription on "Doubt" merely states that "...any doubtful
>>point ++as to a claim++ shall be resolved against the claimer...". If there is
>>doubt as to the cards played to tricks BEFORE the claim, then the relevant
>>Laws are Law 65D and Law 85.

>I don't see how L65D is relevant. Can you explain? To recap, the players
>have put their cards back in the board and the defenders are now challenging
>the claim.

Law 65D, Agreement on Results of Play:

"A player should not disturb the order of his played cards until agreement
has been reached on the number of tricks won. A player who fails to comply
with the provisions of this Law jeopardises his right to claim ownership of
doubtful tricks or to claim (or deny) a revoke."

Richard Hills:

All four players have disturbed the order of their played cards by shuffling
them (Law 7C) and putting them back in the board. Therefore neither side
gains the benefit of the doubt as to the sequence and composition of the pre-
claim tricks. Ergo, to determine the nature of the pre-claim tricks the Director
++must++ apply -->

Law 85A1, Rulings on Disputed Facts, Director's Assessment:

"When the Director is called upon to rule on a point of law or regulation in
which the facts are not agreed upon, he proceeds as follows:
In determining the facts the Director shall base his view on the balance of
probabilities, which is to say in accordance with the weight of the evidence
he is able to collect."


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