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H J AMES J OHNSON

S OL I C I TO R A N D B A R R I S T E R OF T HE F E DE R A L C O U RT S
A N D T HE H I G H C O U RT O F A U S T R A L I A
C A P I TA L C I T Y GOLD COAST SYDNEY MELBOURNE
w w w. j a m e s j o h n s o n 2 0 2 0 . c o m

Friday 12 September 2010 (at 6.30 am) *** IMPORTANT COMMUNICATION

Mr Family Lawyer
Solicitor
C/- Ms ### ###
Family Law Firm
666 Front Street
Capital City GOTHAM 911

By Email: (4 pages)
By Facsimile: (4 pages)

Dear Mr Family Lawyer and Ms ###

FAMILY LAW PROCEEDINGS – THURSDAY ADAMS (AN INFANT), ADAM ADAMS AND HAI KON YU
1. I refer to this matter and my previous facsimiles including:

a. my hand written in transit facsimile to you of approximately 4pm yesterday afternoon which omitting
formalities read:

“I enclose court documents (Application and Affidavit) relevant for the hearing
listed at 9:15 am tomorrow. I ask please have the courtesy to forward this
facsimile in its entirety to the other members of the Court appearing tomorrow
(including Gotham State Legal Aid). I am in transit since these were filed at
4pm yesterday. I will send you and send Gotham State Legal Aid a proper,
elegant, lengthy facsimile overnight so that you are properly informed prior to
court tomorrow.”

b. my first facsimile to you of 21 July 2010 (prior to my accepting instructions as barrister in extremis to
advocate Mr Adams's case at trial on 27 July 2010 – and enclosing a copy of my facsimile to the
Court of the same date.

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2. I enclose for the record a further copy of my facsimile to the Court of 27 July 2010, including the 6 one page
attachments. The Court record will show that Mr Adams sent this facsimile directly to the Court, as well as
my sending it to the Court a second time.

3. I advise that Mr Adams is not able to be present at Court today. Mr Adams cannot afford other legal
representation, and in the circumstances it would be ungracious for me to represent him in Federal
Magistrate Macbeth's Court. Therefore I ask that as the ICL ('Independent Childrens Lawyer in name and
'investigative Court Lawyer and pseudo Crown Prosecutor in fact) that you make Mr Adams's situation
known to the Court at the 'hearing' this morning.

4. I also advise that Mr Adams is prevented from being able to spend contact time with his daughter tomorrow
morning. I ask that you make this fact known to the Court at the 'hearing' this morning.

5. On Mr Adams's behalf, I demand that at the 'hearing' this morning you encourage the mother and the
mother's lawyers to consent to the interim orders that Mr Adams seeks in this Application. If at all
necessary, I also demand on Mr Adams's behalf that you as 'ICL' consent to these as interim orders. I note
that as 'ICL' (whilst reserving Mr Adams's position of concern as to the dubidity of your appointment as such)
you have multiple convergent duties (a) as legal representative of the Australian Government's interests (sic)
in this family matter (nb); (b) as legal representative of the Gotham State Government's interests (sic) in this
family matter (nb) – at least to the extent that I assume (conceding the possibility I assume incorrectly) that
you are funded by the Gotham State Government; (c) as the Court appointed (expressing same dubidity
reservations) Court lawyer; and (d) generally as an officer of the Court – viz as per your oaths of admission
and binding ethical duties to the proper administration of justice. I note that these convergent duties on you
are convergent and compelling as to why your conduct must accord with these demands.

6. I advise that Mr Adams has filed appeals on 'legalities' [refer the transcript for 27 July 2010 where I
foreshadowed this to the Court]. Theses appeals are filed in the Family Court proper against all of the
adverse orders made by Federal Magistrate Macbeth during 27, 28 and 29 July 2010. I am informed by the
Family Court Registry staff that the appeal documents have been processed and are in the post back to me.
I will attend to formal service etc once they are back to hand. I am informed that a first mention date of 25
September 2010 has been set and the file reference number given to me is No. 28 of 2010.

7. I advise that Mr Adams has also filed an appeal on 'unconstitutionalities' in the High Court [please refer
again to the same passages in the transcript for 27 July 2010]. I will attend to formal service etc once the
documents are back to hand. I do not have a file reference number or first mention date at the present time.

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8. I note my concern, on receiving on 12 August 2010 by facsimile transmission copies of the printed and
signed orders, authenticated by Federal Magistrate Macbeth wherein Her Honour suggests that she
somehow banned me from representing Mr Adams in Her Honour's Court.

a. Whilst Her Honour's voice was extremely sutto voce on the morning of 29 July 2010, I was listening
very intently.

b. Whilst Her Honour was gratuitously (and, as I will raise in other and appropriate forums, illegally)
insulting towards me, I certainly did not hear her purport to make such a banning order against me.

c. Any such order would be an must non-judicial act – a grossly illegal impossibility -- as should be
readily obvious to anyone with even the most rudimentary of an education in law.

d. I shall refer in those elsewheres to relevant case law for the purposes of having this error on the face
of the record rectified (if necessary).

e. Clearly any such banning order would violate section 92 of the Constitution (its the section of the
Constitution protecting freedom of “intercourse” of course).

f. I am vaguely aware of a non-High Court case – I believe it was Gotham State Supreme Court, some
10 or 15 years ago involving the Gotham State Bar Association which may be on point.

9. Given all of the above, and given multiple obvious applications of High Court laws made in Johnson v
Johnson [2000] 1 HCA 488 (refer again to the transcript of 27 July 2010 in particular where my
submissions referring to this case are recorded) Mr Adams reserves his position that Federal Magistrate
Macbeth is officious de functus as regards these legal proceedings. Mr Adams reserves his rights should
Federal Magistrate Macbeth purport to exercise any judicial functions whatsoever this morning or
subsequently, save to authorise consent orders (or make orders without consent of the first respondent –
and/or you as ICL if relevant) to the effect of the interim orders Mr Adams seeks in his application.

10. It would be fortuitous for Mr Adams's Application to succeed this morning (even in his absence) so that the
application need not be raised in the Family Court on 25 September 2010.

11. I advise that Mr Adams is unable to attend court personally this morning because of a medical emergency.

a. Mr Adams telephoned me yesterday afternoon in a distressed state.

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b. Mr Adams informed me that he had emergency dental surgery on Tuesday morning.

c. Mr Adams informed me that, in extreme agony, he attended Hospital Emergency Room Wednesday
afternoon, and passed out whilst waiting to be attended.

d. Mr Adams has (but is in no fit condition to forward to me) a medical certificate from the Hospital
Emergency Room.

e. With some obvious audible difficulty, Mr Adams read to me the medical certificate, which I noted
down as follows:

“Adam Adams presented to the Emergency Department on 11 [sic, query


10??] September at 20 past 5. The diagnosis was patient presents with
increased tooth pain for last 2 days. 6 weeks ago patient broke 2 posterior
molars. Patient states that he broke teeth when he gritted down on them
during court trial.”

Best wishes

JAMES JOHNSON

Attachments: (1) Copy letter to Federal Magistrate Macbeth 21 July 2010 (4 pages) plus 6 pages of annexures.

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