MONICA SMIT, whose fight against the corrupt Victorian Covid regime of Daniel Andrews we supported, has given us all a lesson in how to not handle a legal system that does not give a toss about how just and right your cause is.
It has emerged that Smit’s self-represented “win” against the Victoria Police for false arrest resulted in her being ordered to pay the police legal bill of $250,000 – enough to send Smit into bankruptcy. Smit has now been forced to appeal the costs awarded by the County Court of Victoria, another costly legal exercise.
Normally, when someone wins a case against another party, the losing party pays the legal costs. Courts will usually make a costs order when delivering their judgment, but if you do not agree with the order that they make, you have a period of time within which to apply for a variation of that order.
The problem with Smit’s case was that she refused a $15,000 offer to settle made by Victoria Police before the trial. This obviously did not appeal to Smit, but whether or not she was aware of the consequences we don’t know.
Police misconduct lawyer Jeremy Smith, from Robinson Gill, told A Current Affair that if a defendant in a proceeding made an offer to the plaintiff to settle, but the plaintiff proceeded with court action and they were awarded less at court, the judge had the power to order they pay the other side’s legal costs.
“You obviously have a great deal of sympathy for the plaintiff in that situation but it’s how the law is set up and that is how courts are set up – they want to try and encourage parties to resolve their cases,” he said.
Smit sued Victoria Police after she was arrested three times within three hours at an anti-lockdown rally in Melbourne in October 2020, when mask wearing was made mandatory and gatherings of more thaan 10 people were banned.
Smit represented herself in court and a judge found that because of a legal technicality, two of the three arrests were unlawful. “I was my lawyer, my star witness and I was defending claims against a whole team of lawyers,” Smit told ACA.
She was awarded $4000 compensation but then ordered to pay Victoria Police’s legal bill of nearly $250,000 because Smit said she turned down the pre-trial offer to settle the case.
In her judgment, County Court Judge Tran said Smit had a “propensity to strain the boundaries of the truth in order to further her cause”. “She had a tendency to view everything through the lens of what would further her desired narrative as a freedom fighter and hero for her people.”
Smit no doubt felt aggrieved by the Victorian police state and spent 22 days in solitary confinement after refusing to sign bail conditions on charges which were later dropped. She was instead found guilty of a lesser charge of breaching COVID regulations. Smit is now appealing the County Court’s decision.
Only a jury has the power to award costs! Check it!
One thing Monica might have asked is whether she was given full disclosure?
Monica will likely never have seen this:
https://dawnkelly.com.au/the-twelve-presumptions-of-court/
One reason that the courts must give full disclosure and enlighten the respondent about the court process is that no court can proceed until you go into contract with them-and any contract must be entered into under conditions of full disclosure.
This will not have happened with Monica, as she was probably largely clueless about any of this.
And maybe Mike Holt too?
Well said Mike. While Monica is fighting for justice, she has engaged with a system whoes processes and actions are not about justice, they are about control. Those who practice “LAW” own the law, control the people and profit from it.
The system can remain irrational longer than you can remain solvent
Love you Monica
Love you All
monica has been protected by Grace … otherwise she would not be here ,…good God please enlighten our darkness on how to deal with evil according to your gracious wisdom
It’s a myth to suggest the Courts ” want to try and encourage parties to resolve their cases,”
In our adversarial system, the industry depends on dissension and conflict. Do you really think judges would be happy for forgo their exorbitant salaries if people managed to sort things our for themsleves prior to hearings?
In fact thanks to the lovely judicial innovation of Intervention Orders, in many cases it is now illegal to try and reconcile with other parties. (very handy if you’re a legal vulture)
To suggest the Courts encourage settlements is pure window dressing to try and keep the public in the dark as to what is actually going on in our law courts.
Michael Slovanos comments: Easy Peasy, please do show us a documented case where the Bills of Exchange process has worked to discharge someone’s debt and we will certainly publish it. I have to admit I’m highly sceptical.
Unfortunately Monica has harmed our cause by consenting & contracting in a way legitimising their unlawful existence to many that don’t see the big picture yet. I know she means well but alas 😔
I do not know the finer details of Monica Smith case and aware that if you decline an offer to settle and end up less awarded you may have to pay the opponent’s cost. Well, 2 barristers and 2 lawyers is what it took, and in the end in my view the judge made an error because I view that the lawyers concealed relevant evidence that would have been critical for Monica to succeed outright.
My ‘Scribd’ blog set out plenty and so no need to repeat it all. If Monica Smit were to follow the issue that the lawyers for the government concealed relevant details than I view the judgment has to be set aside! After all, the lawyers should have revealed to the court that the MANDATES were unconstitutional, and the State government had been informed about that since early 2020 but rather ignored it. While one lawyer may claim to have had an oversight in my view 4 lawyers may be deemed a CONSPIRACY. Anyone who knows about the Supreme Court of Victoria long ago throwing out all charges against protesters because the Albert park Racing Act had not been Gazetted and as such was not a valid law, may just understand that where the States had no constitutional legislative powers to apply MANDATES, (Something the High Court of Australian in Palmer v WA concealed!) then all and any Victorian Police action as well as other government action to coerce any person to be jabbed with FAKE covid-19 vaccine, which the USA courts held was not a vaccine at all but a “gene therapy”, then people can actually sue the politicians themselves and so their officials rather than taxpayers having to pay compensation bills! As such all you need to do is to prove they acted outside the rule of law1 Hansard 1-3-1898 Constitution Convention Debates
QUOTE Sir JOHN DOWNER.-
I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as any private person would be.
END QUOTE
Michael Mathews… Well said.
What goes on here? I made a valid and pertinent comment on Mike Holt’s piece and you have censored me out. WHo are you peopel to do that?I thought we had some modicum of free speech in this country. Who the F is censoring me? And if you can’t or won’t tell me then just put up my post. Really!!! WTF are you about???
My understanding is that Monica did agree and validate the proceedings when she attended the Court and partook in a defence .
If she wanted to challenge jurisdiction, that had to be done in the first instance.
There is no summary jurisdiction without Monica’s consent.
Judges and courts dont like those who defend themselves.
I hope she has learnt a lesson and hires a lawyer. No Win, No Fee. 50/50 or 60/40
Australia is not America. She should have taken the 15,000 or negotiated a little higher.
If she had counter offered and they declined the court appearance would have been on different grounds. Them declining her offer.
Here we go again with the knockers and whiners having a go at a brave young woman with no experience and she has effectively shown the system up for it’s lawlessness.
Monica will not have to pay the fake fine crap because it is unlawful and they have zero grounds to prove against her.
She is learning as she goes without any assistance from officers of the courts ( solicitors ) who remain hiding and hoping the people don’t wake up to the fact that most of them sold their souls to the God of Masonic lodges and Zionism.
Honest Jews tell us that Judaism/Talmud Law has infiltrated all western judiciary and freemasonry is Judaism for the Gentiles who are hated by Ashkenazi jews
This is nothing unusual, the fake courts often use unlawful threats and fake fines in order to keep the weak masses of people in the weakness and fear.
Their Talmud satanic Law says they are always right and the Gentiles are always wrong.
Using the Constitutional Common Law always defeats their lawlessness in principle and when they make their unlawful threats of Exthortion with unlawful fines they have zero grounds on which to prosecute their false allegations.
Always say your claims at law are based on the Common Law of Love given by God through Jesus Christ, King of kings, seated in the Throne of King David in accordance with out genuine Constitution.
They absolutely hate this reallity.
We are living in the end times of the wicked world system that is being brought to it’s conclusion as Bible prophecy says, and the evildoers know it.
They are in a constant panic because their insanity is playing a strong role in destroying themselves.
The people need to be confident that God always wins, and be brave publically calling out their endless corruption.
Supporting Commo John could be very helpful, but I do not see Bosi actually doing anything but supporting Rothschild’s and Co owned Trump, but obviously Harris is also owned.
It really does now look like the fall of USA in it’s destructive Division like described for the 5th Major world Kingdom ( Empire ) by Daniels dream interpretation of King Nebuchadnezzar’s dream.
Daniel chapter 2 verses 31-45
Went to Melbourne magistrates court with Mon three times each time telling her she will lose as she has. The legal system she has consented to is laughing at her. It was a joke the whole performance. Unfortunately Monica has done huge damage to our lawful movement simply because of her spoiled brat tantrum nonsense . Monica will find some sympathetic dear old soul that will cover the costs , probably will triple her money. The good news is many now see through all the garbage 🫡
A simple fixssss Monic just use Bills of exchange act like everyone else.
Royal Registry De Jure site click on Media explains tricks and traps and how to get out card. Enjoy Everyone.
I have said before about this nice lady and about other people and their situations but, here we go again.
Simply, this nice lady has to get advice from advocate/group/site called solutionsempowerment.com then follow their instructions it is all lawful and very probable that she will get the help/instruction to get the outcome she/others need.
Next (not legal advice):
The cure is in acceptance for proof of claim and in the “Bills of exchange” act 1909 (give or take however, solutions empowerment can guide).
This nice lady just has to accept the court’s decision that she (not she individually the living woman but her “legal fiction” SMIT) to pay (actually discharge) the order for the amount specified.
She just must send the court a document with accompanying instruments such as a sincere apology (from the KJV still part of the law of the land) which must be accepted by the court (539 times), the order accepted for value and discharged with the instrument; “Bill of exchange”, on behalf of the legal fiction SMIT.
First thing though is joining solutions empowerment.com or there is a way by just paying them a small donation for access to documents and advice.
I’m no longer a member however, I derived much knowledge and info from them, and all of it is lawful and doable.
Fighting the system using their copyrighted policies is madness unless you know what you’re doing.
Good luck.
mikeholtshow said – “… If we are going to put a stop to the massive fraud perpetuated on all Australians by the corporate government, aka GovCorp, we need to stand together…”
Damn right.
And recognising that the foreign-owned COMMONWEALTH OF AUSTRALIA CORPORATION and its MYRIAD subsidiaries entrenched THROUGHOUT the fake corporate “governance” of our country is our MORTAL ENEMY is the first and most ESSENTIAL step towards that purpose.
TRAITORS one and all, folks, all SITTING and ACTING in TREASON against Australia and the Australian people. All SOLD-OUT, BOUGHT and PAID FOR, OWNED LOCK STOCK & BARREL by a pack of foreign GENOCIDAL PSYCHOPATHS.
Poor old Monica was NEVER going to get a fair shake because she was and still is playing THEIR BS corporate game by THEIR BS corpoate rules, NOT “law” because we HAVE NO LAW here in Australia, all we have is BS CORPORATE POLICIES all under the HOSTILE FOREIGN CORPORATE OCCUPATION of our country, at the hands of the BS CORPORATE ARMIES of shit-for-brains Hired Mercenary Thugs entrenched in EVERY Australian state and territory.
We don’t gain ANYTHING by white-anting our fellow patriots, no matter WHAT the merits of their efforts, but the only SURE strategy is UNITY OF PURPOSE and REJECTION of these TREASONOUS LOW-LIFE BLOOD-SUCKING BABY-EATING ARSEHOLES who presume to RULE OVER US.
Commo John has done his best to lead us in that direction, as has Riccardo Bosi. We only need a few good men and women if enough people have the GOOD SENSE to UNITE BEHIND THEM.
Peterbro’s message is an amalgam of nastiness and good advice, something frequently seen with cynical and malicious interveners but not necessarily applying here. There was nothing honourable about the deal offered to Monica but on the other hand she could have benefited from knowing (or perhaps heeding) what e.g. Cal Washington and InPower https://halva.proboards.com/thread/935/cal-washington recommend as the way to proceed in such cases.
Sorry Mike, but I told Monica how to bill the cops for unlawful detention as she had actually committed no prosecutable crime, because her arrest was unlawful, in the first instance.
Had she billed as I suggested she would have been-at my Standard Rate of $250 per hour or part of-in for around an $85k payment.
Unfortunately, Monica does not listen to good advice.
She was eligible for that payment also because Victoria Police are a privatised corporate entity, as per the article Cairns News published that I wrote-and I can furnish you with the Lawful Notice I issued Daniel Andrews, if you like.
The article:
https://cairnsnews.org/2021/08/27/victoria-police-now-independent-of-parliament-says-premier-andrews/
Furthermore, Monica was surrounded, it seems, buy a bunch of lawyers-well that is how it looked anyway-who, if she actually did have legal peopel around her, did not much of a job at all of helping her.
I tried to help this woman, but given she refused that help I see no reason to give her a cent, because of that-and I do now what I am talking about, Mike.
So I am happy to be on your list of bad guys, and consider it an honour,as I have actually helped a lot of people, as per what you will see in this other Cairns news article about me:
https://cairnsnews.org/2024/01/09/council-watch-groups-bleat-about-unaccountability-but-reject-liability-solution/
And those traders have now been happily doing business, unencumbered by any construction banging up their “works” for around 5.5 years-all because of me,
Monica did not respond honourably to the offer to settle, and this is why the Court had the power to apportion the defendants’ costs.
Her recalcitrant stance was imposing on the Court and the defendants.
She had to respond to the offer with a Conditional Acceptance, whereby if the offer was manifestly inadequate or deficient, she had to require the offeror to prove that it was not so.
The cops and the courts are two halves of the same thing, look at it from their perspective, why would you bite your own hand. They have it all worked out by the time you get to the legal side. As Monica knows there is a huge collaboration involving Banksters, Pharmakia and Law going on. People can defund them by not using their services to the greatest extent possible. If Monica wants to go down as Joan of Arc 2.0 that’s nice but what will be really effective is a GREAT WALKOUT from Banksters, Pharmakia and Law services.
Something about this doesn’t gel. If defendants are required to accept any piddling out of court settlement or face paying the plaintiff’s expenses, then surely this encourages governments to continue wrongfully prosecuting people. They’ll just unfairly persecute whoever they like to make an example of them to coerce compliance from the public at large, spend a heap of tax-payer’s money in legal fees for the best lawyers and barristers, and then, knowing their actions are unlawful and they’ll likely lose in court, make a pitiful out of court offer (also taxpayer funded) to avoid being shown up in court as the unprincipled thugs they are. Surely, there’s the matter of whether the out of court offer is fair and not only covers compensation for false imprisonment and defendant’s costs but also includes punitive damages for false prosecution to act as a deterrent. Such punitive damages these days should start in the tens of millions.
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Monica and I have never seen eye-to-eye on much, but I do support her fight to get justice in the corrupt courts. She’ll never get it, of course, but I respect her will to fight.
What really pisses me off are the cheap-arse scum who post on social media urging people not to give her any money. These cowardly keyboard warriors have never lifted a finger in their lives except to sow division and hate. The are a disgrace to our nation.
Monica deserves our support. She’s gone to fight bravely while these scumbags attack her without mercy. I’d love to see one of them try to denigrate her to my face.
If we are going to put a stop to the massive fraud perpetuated on all Australians by the corporate government, aka GovCorp, we need to stand together. We don’t all have to agree on everything, but we do have to stand and defend our rights. When one of us gives up a right, they give it up for everyone, and this is why Monica’s fight is so important. She is trying to right a very big wrong done to all of us. It’s time we all recognize this and do the right thing.