[blml] ACBL LC Detroit minutes [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Matthias Berghaus:

>I have to support Herman, for a change. As Hans mentioned in the
>meantime: written evidence can be doubtful, even misleading.

Richard Hills:

If that is Herman's intent, then I too am supporting Herman for a
change.  But that is not exactly consistent with what Herman
actually wrote.

Matthias Berghaus:

>I do not think that Herman advocates dismissing the CC as
>meaningless, but he knows that it does not always tell all of
>the truth, for example history of misbids.

Richard Hills:

Again, I agree.  My previous posting emphasised the point "in the
absence of counterweighting evidence".  The points of difference
as I see them are:

(a) John (MadDog) Probst and I ask the player if they have a
history of misbids.  If the answer is "No" we rule misbid rather
than implicit understanding (unless we or a TD colleague have
counterweighting evidence about the player in question).

(b) According to Herman's words (but perhaps contrary to Herman's
intent) Herman will not be convinced by written evidence alone
(even with zero counterweighting evidence), but will be convinced
by written evidence plus additional evidence.

(c) The Dutch National Appeals Committee will not be convinced by
any evidence that a misbid has occurred;

Matthias Berghaus:

>We have a pair that just now invents a new bidding system.  The
>process is not finished (and will not be for some time, I have
>done something similar some years ago, even if my partnership
>didn't start from scratch), so at the moment there are a lot of
>CCs around with marginally different dates of printing. Of
>course they always use the newest CC, but from time to time
>(rather sooner than later) one of them forgets that an older
>agreement has been replaced, or rather they don't agree whether
>this is the case. So the TD often rules MI, which they bear
>gracefully.

2007 Law 21B1(b):

The Director is to presume Mistaken Explanation rather than
Mistaken Call in the absence of evidence to the contrary.


Best wishes

Richard James Hills
Graduates and Developmental Training Section
Department of Immigration and Citizenship
Telephone: 02 6223 9067
Email: richard.hills at immi.gov.au

Important Notice: If you have received this email by mistake, please advise
the sender and delete the message and attachments immediately.  This email,
including attachments, may contain confidential, sensitive, legally
privileged and/or copyright information.  Any review, retransmission,
dissemination or other use of this information by persons or entities other
than the intended recipient is prohibited. DIAC respects your privacy and
has obligations under the Privacy Act 1988. The official departmental
privacy policy can be viewed on the department's website at www.immi.gov.au
See: http://www.immi.gov.au/functional/privacy.htm