Category Archives: Judges
Media organisations and newspapers are cowering under threat of prosecution by the Anti-discrimination Commission should they identify the ethnic origin of criminals when reporting their misdeeds. So much for the abortive attempt to rehabilitate Section 18c.
It matters not to the racist zealots of the loathed Anti-discrimination Commission that young Aborigines are by far the main perpetrators of rampant, serious assaults and other crime in the Cairns area.
Some white criminals exist but tourists bearing the brunt of robbery, assault and battery are taking home stories that a visit to Cairns is just not worth it.
If you go out at night, or now it seems even in broad daylight you are likely to be assaulted.
Worse still the average age and gender of assailants has shocked hardened policemen on the beat.
In the past week a 37 year old Japanese tourist was approached by three youths and asked for cigarettes but when he refused he was bashed with a tree branch. The juveniles then tried to steal his back pack without success. Paramedics arrived to find the man suffering “serious bleeding.”
Three of the four 13 year old muggers, some or all of indigenous appearance, have been caught and since charged but will be dealt with under the juvenile justice act. Police are still looking for the fourth offender.
Unravelling this media-speak means they will be given a stern lecture perhaps by a Magistrate and released into the custody of their parents or carers, who should have made them stay home and taught them how to respect others in the first place, instead of wandering the streets in the early hours of the morning.
Meanwhile a tourist remains seriously injured and is no doubt harbouring vicious intent against the hundreds of wandering, Aboriginal and white kids in street gangs who push pedestrians off the footpath because the Aborigines proclaim ‘white bastards’ are trespassing on their land.
In a separate and unrelated incident, a 19 year old female was taken to hospital after she was allegedly attacked by three youths during an attempted robbery in the Cairns CBD.
The trio demanded her phone but was punched and kicked unconscious when she refused to hand it over.
A Manoora boy and Bentley Park girl, both aged 12, and a 16 year old girl from Mooroobool, have been charged by police.
Police are frustrated by the Magistrates Court being unable to address the youthful crime wave across the region. The ALP can take responsibility for diluting existing laws and for failing to introduce harsher penalties to curb escalating youth crime.
At least 80 motor vehicles a month are being stolen throughout the Cairns and Tablelands district and police are discovering to their horror that some thieves who led them on car chases have been as young as 12.
In years gone by, courts would give young troublemakers two options in sentencing. One was to attend a state detention facility that provided much better facilities and tucker than that at home, or to undertake a period of attendance at the renowned Petford Farm rehabilitation centre, run by indigenous couple, Geoff and Norma Guest since the late 1970’s.
Located on a remote cattle and horse property 30 klms west of Dimbulah, the facility can claim outstanding success with more than 3000 attendees over a 30 year period.
Health authorities have boasted a 70 per cent non-recidivism success rate with Aboriginal and white youth after completing the Guest courses. Many adults also passed through the drug and alcohol rehabilitation program developed by Geoff Guest OAM. His wife Norma passed away last year after a long illness.
The Petford Wellness group in more recent times, rather than taking troubled boarders, has been developing a rehabilitation curriculum for implementation into Aboriginal communities, with the notion of prevention rather than cure.
Mr Guest wants to train trainers so they can instruct intending mothers, mothers and children about proper nutrition, removal of sugar from diets and food preparation methods. He believes in the adage, ‘we are what we eat.’
Now aged 90, the intrepid Geoff Guest still breaks in horses, which have played an integral part of his outstanding rehabilitation process.
The Queensland Labor Party recently ruled against the state’s youth boot camp apparatus, in effect the Guest legacy, claiming it was too hard on participants and ineffectual.
The crime wave apologists of the socialist Labor and Greens will continue to flay Far Northern tourism with their unauthorised United Nations Human Rights obligations, causing visitors to condemn destinations such as Cairns, being dangerous and a hazard to their itineraries. – contributed
Validity of the Australia Act 1986 comes into play
Litigants in all four levels of Australian courts have long complained about spending sometimes hundreds of thousands of dollars for lawyers and counsel to wade through thousands of pages of the Corporation law or any other law only to have a single judge throw out their case.
This time around a high profile victim of judicial chicanery, the erstwhile senator, Rod Culleton, wants natural justice after his brush with a bankruptcy finding.
A single judge of The High Court of Australia, or the Federal Supreme Court, on March 2, 2017 struck out Culleton’s appeal against bankruptcy, previously handed down by the Full Bench of the Federal Court.
“I am outraged and disappointed Justice Patrick Keane of the High Court did not ever read my written submissions yet he handed down his finding in spite of me asking for more time to prepare,” Mr Culleton said.
Coincidentally, March 2, 2017 was the 12 month anniversary when he was convicted of larceny in absentia in the Armidale Magistrates Court over the disappearance of a truck key worth $7.50, a charge for which he would not ever have been jailed.
“My counsel clearly told Justice Keane that the High Court did not have jurisdiction to deal with my position in the senate,” he said.
“Counsel told the court only the senate could deal with it and Justice Keane only had to read Section 47 of the Constitution which says any question over the qualification of a senator or a member of either House, ‘….shall be determined by the House in which the question arises.’
“The High Court says it gets its power from the unlawful Australia Act 1986 which was introduced two years after a referendum of Australian people said they did not want the Commonwealth to give its powers to the States.
“This referendum failed but here we have the High Court using powers the states should not have such as the denial of juries.”
The senate should be dealing with the validity of the Australia Act 1986 and this would result in Western Australia getting its fair share of GST revenue and preventing the sale of Australian freehold land to foreign governments.
“The people continue to say no to foreign buyers but the Liberals and Labor keep selling off our land,” he said.
“There is a huge cloud over the judicial system and my matter should be used as an example in the senate to clean it up.”
Comment from a reader, Howard, which is worthy of publication:
To hell with them alright, they are unfaithful usurpers and abusers of power who themselves will not acknowledge or respect law unless it is their own invention but they claim the claims of true law yet not only ignore their vows to the queen who evidently sets the example by ignoring her vows to God (legislatively recognised as the Lord Jesus Christ) and together they walk hand in hand with the Vatican to enforce legislated law that has been invented in parliament by a code that recognises the roman pontiff as God and thus, these usurpers embrace and endorse the very entity that once was universally recognised as the anti Christ eg true enemy of the legitimate head of the true and legitimate commonwealth. Whilst brutally enforcing their law they claim the authority from which their law comes doesn’t really matter. We have been manipulated into a western roman government system but in fact our legitimate government should be decidedly Christian , thus we are meant to have rights and to be ruled by moral principle but instead commercial contracts are being brutally and deceptively forced on us and that is what happened to our right of self determination. Once we are manipulated into the situation where an accused is considered guilty unless they prove otherwise as is typical of many state penalty based systems like traffic fines, then we have lost self determination. It means you can wake in the morning having stayed at home and ‘determined’ to not get involved in anything, yet, another can accuse you and you are required to defend or pay up. In such a situation (for example) you have no say in your involvement and no determination in your life, the state takes over.
Queensland living up to its reputation as a police state
Banking Royal Commission must start now
The corrupt legal system and Netherlands-based Rabobank have skinned another scalp, this time a farming family living near Prarie, 400 klm west of Townsville.
Seven carloads of armed police and two carloads of receivers arrived at the Bradshaw cattle property Laurelvale near Prarie on February 1 at the behest of dodgy receivers Ferrier Hodgson who then took possession of the property allegedly due to non-payment of a loan.
Accompanying the intimidating police armada was a locksmith from Thuringowa Locksmiths and Locksmiths Services near Townsville, Will Caldwell and Warwick Yates (pictured) from receivers Ferrier Hodgson Brisbane and Gadens Lawyers solicitor Scott Couper of Brisbane.
Neil Bradshaw, 29, the son of Lloyd and Noeline Bradshaw was arrested at Laurelvale Station and dragged off by two burly police officers then taken 200 klm to Charters Towers police station.
He was charged with obstructing police and assault. Neil says he did not at any time intentionally assault police.
Bail conditions set by the attending sergeant prevent Neil from going back to his home on the property.
He said the police told him they were there to protect the bailiff and arrived in such force because like every rural property the Bradshaws had firearms in their possession.
As can be found on most family run properties, Neil owns cattle running on the station and machinery which he believes will be stolen by the receivers.
“My cattle are not mortgaged and nor is the machinery, but I won’t get them back from this lot. I have been told they are mustering my cattle right now,” Mr Bradshaw said.
“Both properties are in drought declared shires although we have had good rain it will take us years to recover from the worst drought in history.
“We produce hay but instead of selling it we kept our own cattle alive for three years and if we didn’t do this Rabobank would have had no stock to sell at all.
“We were offered $700,000 for Laurelvale in the middle of a drought but its real value is $2.2 million and our debt is supposed to be $5 million because Rabobank has pushed it up with all their charges with the receivers.
“If we sold Laurelvale with 850 head we could pay them out but they wouldn’t accept our offer and they said they don’t want it because they can’t get the true value.”
In similar circumstances to scores of other fire sales the banks and receivers enforce unreasonable demands to make debt reductions and generally forbid moving stock to other properties with good feed.
In one case at Charters Towers in 2015 receivers Korda Mentha allowed at least 500 head of cattle to perish because the owners were not allowed to shift the cattle to agistment and the receivers had provided no money to feed them.
In this case Mr Bradshaw said Rabobank demanded the family pay the entire debt “straight away.”
“They are trying to get their hands on Ballabay Station(Pentland) too, so my parents have worked for a lifetime for nothing,” he said.
Member for Dalrymnple Shane Knuth of Katters Australia Party has been following the case and is critical of the legal system that allows such travesties to occur.
“These people have committed no crime and contributed so much to their community over many years,” Mr Knuth said.
“They have been heavily involved in Landcare and supporting the beef industry. It is not their fault they copped five years of drought and a government enforced live cattle export ban.
“It will take them up to five years to recover from this drought.
“This episode demonstrates a clear demand for a Royal Commission into banking.
CATTLE BRANDS NOT MORTGAGED
Cattle producers and agents are warned not to buy or deal with cattle with the following brands, which are not mortgaged to Rabobank and belong to Neil Bradshaw:
9G2 (script) UE9 (script)
Described as Brahman cross cows and calves; greys and reds; heifers and steers greys and reds some with Bazadais cross.
These cattle are listed on Personal Property Securities Register and legally cannot be sold without the owner’s permission. Neil Bradshaw has a registered interest and has a superior claim to that of the receivers, according to legal advice.
Senator Rodney Culleton is under siege ordered by the Federal Government aided by their political and judicial puppeteers, the banks, and is bunkering down for a battle before the Full Bench of the Federal Court.
Today his Melbourne solicitor, John Maitland, filed a Summons in the High Court of Australia, sitting as the Court of Disputed Returns requesting an order to stop the President of the senate, Liberal Stephen Parry from making any representations that Senator Rod Culleton is an undischarged bankrupt and/or disqualified to sit as a senator for Western Australia or to declare the seat vacant.
The Summons has been served on the Liberal Attorney General George Brandis and Senator Parry below.
Click excerpt picture above to view whole legal document
Culleton has made himself a target of the banks and the Liberal Party with his push to establish a Royal Commission into the banking industry after he lost farming property last year through alleged illegal activities of the ANZ Bank and its appointed receivers FTI Consultants.
For the last three years Culleton has assisted distressed and dispossessed farmers across the nation after the banks seized their farms. In most cases he maintains the repossessions were unlawful.
On January 12, Senator Culleton successfully applied for an extension of a stay ordered by Justice Barker in the Federal Court on December 23, 2016 expiring at 4pm today January 13, extended to January 20, 2017.
In spite of this extension, his bank accounts have been frozen before the stay expires and before an appeal against his bankruptcy is heard by the Full Bench of the Federal Court.
In another move Mr Maitland wrote to the Australian Financial Security Authority requesting the entry of Rodney Culleton on the National Personal Insolvency Index be removed immediately.
The letter advised the Authority that Justice Dowsett of the Federal Court extended the original stay expiring today to January 20, 2017.
ANZ not a creditor but stole the farm
The ANZ Bank has been leading the charge in farm forfeitures across Australia but yesterday Culleton said he was not going to take any more assaults from the banking industry or from being thumped from behind by a political adversary as occurred last week in front of the Perth Magistrates Court.
Culleton said as yet he was unaware of any charges being laid against his adversary.
He lost his farm and all his possessions while in the United Kingdom, when the ANZ seized his property purportedly under power of attorney and got a court judgement against him.
“The Supreme Court Rules in Western Australia allow action without an appearance and only three days for an appeal which I didn’t know about,” Senator Culleton said.
“The ANZ stole everything from my property including all my books of record, my kids sporting medallions, grain and stock. We got nothing back whatsoever.
“There were reports of machinery being buried on the property allowing others in to get it.
“At the creditors meeting it was recorded in the minutes that the ANZ Bank was not a creditor and they couldn’t come into the meeting, so how did they seize my property?”
Although Prime Minister Malcolm Turnbull had been handed all of the evidence relating to his property seizure and that of others, Culleton laments, “Turnbull won’t support a Royal Commission into the banking industry.”
The egregious farmer-come-senator has mooted he will fight the banks to the end, describing the financial industry and his case as a ‘crime scene’ in desperate need of ‘draining the swamp.’
by Robert J Lee in Canberra
Judicial corruption has again reared its head after Western Australia Federal Court Judge Michael Barker informed the President of the senate that Senator Rod Culleton is a bankrupt.
Senator Culleton said he had challenged the alleged financial claims against him that led to Judge Barker issuing sequestration orders to freeze his assets yet the judge had ignored all due process in his haste to get him tossed out of the senate.
The President of the senate, Liberal Stephen Parry, a former Tasmania police officer and mortician who has been accused of involvement in the official Port Arthur massacre cover-up, had “usurped the powers of the senate” by declaring Senator Culleton’s position vacant.
Senator Parry announced on Wednesday he had received confirmation from the Federal Court that Mr Culleton was bankrupt, making his position vacant, but Mr Culleton said the statement was premature and “should be withdrawn immediately”.
“No one is above the law, and the 21 day stay of proceedings granted to me in the Federal Court on December 23 does not expire until tomorrow,” Senator Culleton said.
“Senator Parry has no right to jump in before the 21 day stay period expires.”
Senator Culleton also filed a notice of appeal in the West Australian registry of the Federal Court late on Wednesday, along with an interlocutory application seeking that the sequestration order and proceedings under the sequestration order be stayed pending the hearing of the appeal.
“I am not a bankrupt and evidence of sworn valuations was given to Judge Barker by my solicitor in the court hearing but he refused to accept it,” he said.
The ‘law’ particularly in Western Australia has long had a question mark over its head and Senator Culleton has been another victim of the nexus between the judiciary, the Parliament and the public service.
He said the judiciary was a ‘basket case’ and this had been highlighted after Judge Barker called his own court a “circus” a sentiment echoed by the West Australian newspaper when reporting on Senator Culleton’s hearing in December after several One Nation antagonists were ordered to leave the courtroom.
“The courts have been starved of government funding and are not getting the revenue they need to operate properly,” he said.
“All courts need juries and litigants have the right to get one.”
On March 11 last year, to commemorate Australia’s worst official massacre, Cairns News ran a story about Senator Parry and his involvement in the Port Arthur cover-up by the major media and governments.
Revelations by Austrian-based author and researcher, Keith Noble, that Senator Stephen Parry had prior knowledge of the shootings, have not been refuted by him.
In his 16 page, disturbing 1997 paper entitled ‘Port Arthur Massacre – AFDA National Embalming Team – Detailed Report’, that appears in a little-known book entitled ‘PORT ARTHUR SEMINAR PAPERS: A record of the Port Arthur Seminar’, 11-12 March, 1997, Melbourne, Victoria (ISBN 0642271364) clearly shows the incident that rocked a nation was planned.
Senator Parry stated in the following passage :
“I was particularly impressed by the quick response and initiatives by some of the team members in packaging and collecting equipment.
The response time and the amount of equipment quickly relocated was fantastic. One firm in particular, Nelson Brothers, had organised for an embalming machine box and a special large equipment case to be manufactured ready for the incident. These two containers were the envy of all embalmers and worked extremely well.
I would suggest that design specifications may be available from this firm for any future considerations by other firms.”
Such is the appalling state of injustice in Australia where justice is only(sometimes) available to those who can afford it, that the public has lost any confidence it may have had in the court system and parliaments long ago.
by Robert J Lee in Canberra
Embattled Western Australia independent Senator Rodney Culleton has accused the Attorney General of “total incompetence” for referring him to the High Court to determine if he had been disqualified from entering the senate after the July 2 election.
A petition to the Federal Court from Perth businessman Dick Lester to have Senator Culleton declared bankrupt over alleged debts could only be determined by the senate.
He said the Attorney General was “out of his depth” in referring the matter to the High Court.
“Section 47 of the Commonwealth Constitution of Australia is quite plain when it says ‘until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member,…. and any question of a disputed election to either House, shall be determined by the House in which the question arises.’” Senator Culleton explained.
“Quite clearly the judge was wrong in making a Sequestration Order to seize or freeze my assets especially after my lawyer told Justice Barker that sufficient funds had been deposited into his trust account to cover any alleged debt.
“The antics of Justice Michael Barker whose Court was described as a ‘circus’ by the Western Australia Newspaper and the efforts to frustrate the will of the people of Western Australia who have duly elected a Senator are matters that must now be faced by Attorney General George Brandis and the offending judge in the Senate.
“A referral to the High Court can only occur under the Electoral Act. There is no law which can refer a question like this to a court. This is a job for the Senate.
“The senate must consider Section 16 of the Parliamentary Privileges Act which brings in the Bill of Rights 1688 that guarantees jury trial and appeals to Parliament.”
Senator Culleton says he has the numbers to call the judge and Attorney General before the Bar of the senate to show cause why they should not be sacked.
Primary producers, small business and truck operators who had been gutted by the banks and lost their properties and lifetime’s work through similar court proceedings would benefit enormously from this manoeuvre, he said.
Dec 23, 2016
Western Australian Independent Senator, Rodney Culleton has clarified today’s court orders in light of another misinformed attack from Pauline Hanson.
“I have successfully been awarded a stay against the court order for 21 days, therefore my staff and I will continue to serve the people of Western Australia in my continued capacity as a Senator,” Senator Culleton said.
“This has been confirmed with two senior legal opinions. I will address the alleged primary judgement which the unforeseen High Court referral has diverted my attention from.”
“I will allege that at today’s court appearance, Federal Court Judge Barker ignored all the affidavits of service and again failed to allow me due process, instead pushing through without referral to these important statements of fact.”
Judge Barker’s claim today that his court on Monday was conducted in a very orderly manner flies in the face of his contradictory comments on Monday, in which he referred to his court as ‘a circus’.
“This has been a major miscarriage of justice,” Senator Culleton said.
“This, and other cases I’ve been involved in (Greg Kenney) goes to show how the courts and judges need a major overhaul and more accountability.”
“To paraphrase Judge Barker’s own retort, ‘No one is above the law’…and that includes the judiciary, who must also operate within the boundaries of procedural fairness and due process. They are not exempt.”
Senator’s lawyers stated on affidavit, “I have received substantial payment into my Trust Account on behalf of Mr Culleton which I am instructed can be used to pay his creditors”.
“Judge Barker however, ignored that statement and allegedly his responsibilities in this instance, he didn’t even ask for the value of my assets,” Senator Culleton said
“How can he claim such an order, without accepting all admissions of fact?”
“Dick Lester has never wanted to settle in currency, he wants the intellectual property from my invention. This was confirmed yesterday by his lawyers,” Senator Culleton stated.
“When judges continuously appear to fail in their duty of care to families and individuals, it vindicates the calls for more accountability through a system of election or appointment for a set period, subject to performance and ability.”
“Judge Barker chose to refuse my right to a jury, my right to be heard without the orchestrated obstruction of two apparent associates or advisors for the plaintiff, in Monday’s hearing and refused to allow me to read my evidence, after allowing the court to proceed in my absence.”
“Judge Barker told me that he was ‘not interested’ in the contents of the two VRO’s produced, an indictment on the claims of government, the courts and law enforcement authorities that a V RO actually protects the victims of violent behaviour.”
“The tragic loss of life in another WA courtroom the following day, is testament to the error in trivialising these court ordered restraining orders.”
Rod Culleton, One Nation senator for Western Australia puts the Attorney General and the High Court on notice: the HCA been acting unlawfully since 1979
HCA agrees to amend its Rules: the banks could owe the Commonwealth $30 billion in fines
David with his slingshot , aka WA One Nation senator Rod Culleton, launched his first question in the Senate at Goliath’s Attorney General George Brandis that shattered the halls of power.
Culleton’s legal team had discovered Constitutional flaws in the High Court Rules and the response from the Attorney General confirms the HCA Rules Committee will make amendments to bring the rules into line with the Commonwealth Constitution of Australia Act 1900.
This decision begs the question, what effect will this have on every matter that has been before the HCA over the past 37 years?
The Question asked in the senate that rattled the High Court:
“Chapter III of the Constitution creates a Federal Supreme Court to be called the High Court. Could the Attorney General please explain to the Senate how the High Court of Australia Act 1979, complies with the first paragraph of Chapter III Constitution and why when the Federal Supreme Court in the United States overturned sixty seven Statutes between 1952 and 1998 when the book, The Judicial Process (which I have) was last printed, the High Court in Australia hardly overturned any at all, because they have been allowed to make Rules of Court preventing ordinary Australians going to them for Judicial Review of alleged breaches of the Constitution and Laws of the Commonwealth.”
George Brandis, reflecting on his arrogance with ignorance, smirking while congratulating Culleton on his question, attempting to distract from his own, obvious limited legal ability, then answered:
“I will refer the question to the High Court rules committee”.
While the new age of crossbench politicians continue to threaten the establishment, this farmer, now a senator, needed to be taught a lesson. Brandis was well aware Rod Culleton had admitted guilt to the theft of truck keys worth $7.50 during an altercation with a tow truck driver thug who attacked him while trying to repossess his truck before he was elected to the senate.
Brandis referred the application to the High Court on direction from ALP and LNP senators requesting a ruling if Culleton was an eligible candidate at the July 2nd 2016 election.
The problem facing the establishment’s attempt to get rid of bank-bashing Culleton is a lower court’s decision on appeal to annul Culleton’s conviction for larceny.
Rod Culleton’s question to the Attorney General was answered by the High Court:
Brandis congratulated Culleton for pointing out to the senate the existing rules did not conform to the Constitution. His hand written congratulatory note appears below
From Peter Gargan, legal affairs advisor to Senator Rodney Culleton, One Nation Senator for Western Australia:
Since 1952, the High Court has been refusing to file process unless it first approves of it, so we have no way of judicially reviewing the Commissioners appointed by the Parliament to execute and maintain the Laws of the Commonwealth. There are four Commissioners who should be Judicially reviewed and sacked. They are the Commissioner of theAustralian Federal Police on $600,000 per year, who has allowed State Police to terrorise the populations in breach of S 268:12 Criminal Code Act 1995 in force since 2001, and has allowed the Judiciary of both the States and Commonwealth to sit as slave masters without juries, in their civil jurisdiction in breach of S 268:10 Criminal Code Act 1995.
S 12DJ of the Australian Securities and Investment Commission Act 2001 bans harassment and coercion in respect of loans from Banks, and the ASIC Commissioner has the power to collect $1,300,000 per offence from all the Banks when they use harassment and coercion to collect loans on which they have been manufacturing defaults. I estimate there is around thirty billion dollars owing to the Commonwealth, if that Commissioner was doing his job properly.
S 44ZZRA — of the Competition and Consumer Act 2010 empowers the Commissioner for Consumer Protection to smash the cartel with the High Court at its head. People who use legal services are consumers, and because this cartel extends from the tiniest solicitor through Judges and Magistrates to the High Court the refusal to accept process to judicially review this lazy person, has allowed thousands of productive people to be destroyed by the cartel whose biggest clients are drug dealers, Banks and Insurance Companies who will not willingly pay, even if a premium has been paid for years.
The fourth Commissioner who should be immediately Judicially Reviewed is the Commissioner for Human Rights. She has the duty to enforce the International Covenant on Civil and Political Rights which is Schedule 2 to the Australian Human Rights Commission Act 1986. In Article 14 there is a Statutory Command drawn straight out of the New Testament that all persons shall be equal before the law. That section is an element of the Offence against S 268:12 Criminal Code Act 1995, so there can be no doubt it is a law. If that law was enforced every criminal would be entitled to be tried with a jury and also sentenced by a jury. Civil Litigants would no longer be second class citizens subject to arbitrary and ridiculous orders from Judges and Magistrates depriving them of their driving licences, their properties, and in some cases their children, on application from people who can afford the services of the Cartel.
Further if the High Court had not been in contempt of the Parliament for 64 years, S 90 of the Constitution would see car registration abolished, as car registration is an internal tax on goods, as are licence fees to drive cars, and the exclusive responsibility of the Parliament of the Commonwealth. Likewise if they had not been in contempt, the Fines Registry in every State, the subject of Political Protests from people who have no means to pay such fines, would have to be immediately abolished as they Offend S 43 Crimes Act 1914 ( Cth) in that they are acting on the pockets of Australians without the sanction of the Judicial Power of the Commonwealth. That is about nine billion dollars that should no longer be owing. The Commonwealth would have to put a little more excise on fuel, to build the roads we need and Ferries needed to give Tasmanians equality of transport.
I attach for your perusal the brilliant Speech given by Alfred Deakin in 1902 which tells us what we should have as a High Court. It was to be head of an Independent Australian Judiciary separate from any State Parliaments influence. That it has been in contempt since 1952, has allowed all sorts of skulduggery to take place in Queensland , Western Australia, New south Wales and Victoria, where Rules of Court are held to overrule any prior inconsistent Act depriving the people of Australia of the Rule of Law, and substituting instead The Rule of Lawyers.
click the book.
Dark clouds are gathering over the duopoly dictatorship with One Nation unearthing the High Court of Australia dismissing the rule book and running their own race.
This video of the senate show attorney general Brandis running for cover to the question from Senator Culleton;
“It has come to my attention that there is a discrepancy between Section 33 of the High Court Act 1979 which says all process shall (which means must) be issued in the name of the Queen and the High Court Rules 2004. Why has the High Court felt free to defy the Parliament for 12 years?”
Maurice Blackburn still retaining bushfire victims payments takes on Queensland flood victims class action
A trial date has been set for a class action by thousands of victims of southeast Queensland’s devastating 2011 flood.
The hearing in the Supreme Court of NSW is due to begin on October 3 next year and is expected to run into early 2018.
More than 6000 individuals and businesses have joined the class action by Maurice Blackburn Lawyers against the Queensland Government, Seqwater and SunWater, seeking compensation for financial loss and damage allegedly caused by the negligent operation of Wivenhoe and Somerset dams.
Large parts of Brisbane, Ipswich and the Lockyer Valley were inundated in the January 2011 disaster. The landmark case – Australia’s second-largest class action after the Victorian bushfires – will now be led by senior counsel Noel Hutley, SC, as Steven Finch, SC, is unavailable for the trial.
Do the people of Queensland know the law firms track record in class action dealing with victims?
Let us take a brief look at Maurice Blackburn Pty Ltd
The parties to the Kilmore East Kinglake Black Saturday bushfire class action agreed to settle on 15 July 2014, after more than 200 court sitting days before Justice
In December 2014, a settlement of $494 million was reached for the Kilmore East-Kinglake fire, while the Murrindindi-Marysville fire was settled for $300 million in May 2015.
Black Saturday victims say they feel left in the dark by law firm Maurice Blackburn after it confirmed payouts from the record $494 million class-action settlement would be delayed until next year 2017 just days before the event’s seventh anniversary on February 7, with survivors still facing dire financial circumstances.This is 3 and 4 years after settlement with victims still awaiting payment.
Andrew Watson, who is in charge of Maurice Blackburn’s class-actions department, was appointed administrator of the Settlement Distribution Scheme. Other class-action schemes run by other firms make interim payments to clients, but Maurice Blackburn did not respond to questions about its policy or any intention of interim payments.
In a statement, Maurice Blackburn said they knew better than anyone the importance of getting payments to survivors and were working as quickly as possible – now four years down the track where they still receiving regular payments from the dwindling compensation fund.
Since 2014 the company have in trust $794 MILLION awarded payment to victims they are withholding on a premise of “we are working on it”. Amazingly windfall dividend payouts to equity partners of Maurice Blackburn Pty Ltd has occured, disclosed in financialal documents filed with the Australian Securities & Investments Commission as follows;
$200,000 on July 1, 2014
$3,938,368 on July 9
$1.364m on October 31
$22,000 on November 7
$687,500 on December 23
$7,828,250 on February 18 2013
$2,029,500 on April 28 2013.
A total of $16,069,618 paid to the partners, information they kept from their 460 staff reporting a loss after tax of about $7.5m, which it said was “driven by increased share-based payment expenses and exit retirement benefits”. The $16.069m in dividends in the last financial year 2014 compares with $2.589m paid to the firm’s senior equity partners in the previous year, according to the firm’s accounts with ASIC.
However dividend sums pocketed by the partners who held the more lucrative ordinary shares in the firm in the last financial year — Chairman Steve Walsh, Josh Bornstein, Kathryn Booth, John Voyage (since resigned), Rod Hodgson, John Salanitri, Bennett Slade, Liberty Sanger, Andrew Watson and Peter Koutsoukis — are not disclosed in the financial accounts that must be a worry to everyone outside Maurice Blackman Pty Ltd.
It will be interesting to view the 2015-16 Maurice Blackburn Pty Ltd company return to update the partners dividends.
Of further interest the daily cost and charges incurred to keep this gravy train alive since receiving that massive compensation payment would be of further interest. We have discovered law firms could charge fees of about $600 an hour for essentially an administrative role, not a challenging legal role.
QUEENSLAND CLASS ACTION
Next Maurice Blackburn Pty Ltd gravy train to leave the station is carrying 6,000 Queenslanders.
On factual information to hand, and subject to a win in the very suspect Queensland kangaroo courts who dismiss the Westminster system of justice, will have the privilege of a long, long, very long waiting term for any sign of payment while also, like Victorians, observe the settlement slowly dissolve funds from the trust account in the name of legal fees and directors feeding.
Company Chairman Steve Walsh delivering the sales pitch.
But it gets better !!!
Maurice Blackburn lawyers are running a class action against law firm Slatter & Gordon who flagged the media over Julia Gillard, once a lawyer with the firm suffering allegation of fraud and corruption over union transactions that were laid before a Royal Commission that experienced many colourful witnesses.
One can say this will be extremely interesting as the games begin.