answers required now, page-62

jackgreen - "For anyone who has any primary school knowledge of law you would know it is in the balance of probaility with civil law which makes it a lot easier to win."

The 'balance of probability' only relates to the 'standard of proof' and doesn't shift, alter or change the burden of proof. The standard of proof is different in criminal trials (beyond reasonable doubt) but it makes no difference to the ease of which a decision is arrived at.

The burden of proof still rests with the plaintiff (or prosecutor in a criminal trial). Therefore, the plaintiffs would need to establish that the NMS management or individuals have transgressed specific legislation (e.g. Trade Practices Act 1974 (Cth)) or other section(s) of the Commonwealth or State legislation. Essentially if you are the plaintiff or prosecutor you have to prove your claim or complaint and not simply institute an action and then say to the defendant, 'now prove you're innocent'. The defendant is not compelled to do or say anything - in fact they can sit there and simply smile at you.

There is really no such thing as a 'class action' lawyer. A 'class action' is a term used to refer a group or class of plaintiffs (e.g. shareholders) who are parties to the same cause of action against a (assumed) defendant (NMS).

It is a very, very complicated matter and while I wouldn't discourage anyone from pursuing a cause of action, per se, I would urge any party to consider their options based on a realistic, if not fully informed, basis.

The only lawyer(s) who will jump on this with only a precursory examination of the detail will be the 'ambulance chasers'. Interestingly, they set up their fees centered around a healthy slice of any compensation. Typically a figure around 40%. Moreover, there's a saying in the law that one only goes after the defendant who has the 'deepest pockets'. If NMS go into receivership the cash tin will have been empty for a long time (by the time a case of this nature gets settled). Unfortunately, far too long for any long suffering plaintiff(s) to join the creditors line.

I do not take any delight in being the 'damp squid' here but one will need far more than a 'primary school' knowledge of the law.