[BLML] Claim with partner on lead -- Swiss ruling rectification [SEC=UNOFFICIAL]

Richard HILLS richard.hills at immi.gov.au
Wed Nov 13 23:59:47 CET 2013


UNOFFICIAL

Peter Eidt:

>.....
>There is no such law that allows the opponent(s) of a claimer to
>"demand" or "forbid" a suit or suits. It is simply the TD's task to
>apply Law 70 A
>.....

Richard Hills:

Yes. It seems that the claimer's opponent incorrectly remembered
Law 26, but the Director correctly remembered Law 26. What both
failed to realise is that Law 26 cannot apply to a claim, because
after a claim "play ceases".

According to the publicly released XA Draft, the 2007 Drafting
Committee considered abolishing the unnecessary Law 26. Perhaps
the 2017 Drafting Committee should revisit this idea.

Kind regards,

Richard

UNOFFICIAL




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