Page 1

9-10-2015

Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:

Magistrates Court of Victoria at St Arnaud starnaudcoordinator@magistratescourt.vic.gov.au

Buloke Shire Council buloke@buloke.vic.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Re: 20151009-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06Re Buloke Shire Council cc LSC-COM-2015-0873-MCV-F12748095

Sir/Madam,
I attended to the Magistrates Court of Victoria at Heidelberg court building to
discover it was blocked off with fencing. I was unable to find any information why this was. I
attended to the next door police station where a signage was showing that alternative venues was
at the Melbourne City, William Street venue, Broadmeadows venue or Ringwood venue. The
police officer informed me that for some time the court building had been closed and lack of
funding to repair left it it as such.
QUOTE 26-8-2015 CORRESPONDENCE

Magistrates Court of Victoria at St Arnaud

26-8-2015

c/o the coordinator starnaudcoordinator@magistratescourt.vic.gov.au

Cc:

Elliott Stafford and Associated lawyers@elliottstafford.com.au

Buloke Shire Council buloke@buloke.vic.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
George Williams george.williams@unsw.edu.au
Cr Reid Mather (Mayor) MALLEE WARD crmather@buloke.vic.gov.au
Cr David Pollard (Deputy Mayor) LOWER AVOCA WARD crpollard@buloke.vic.gov.au
Cr Leo Tellefson MOUNT JEFFCOTT WARD crtellefson@buloke.vic.gov.au
Cr Stuart McLean LOWER AVOCA WARD crmclean@buloke.vic.gov.au
Cr Graeme Milne MOUNT JEFFCOTT WARD crmilne@buloke.vic.gov.au
Cr Gail Sharp MOUNT JEFFCOTT WARD crsharp@buloke.vic.gov.au
Cr Ellen White, MALLEE WARD, crwhite@buloke.vic.gov.au
Re: 20150826-Schorel-Hlavka O.W.B. to Magistrates Court of Victoria at St Arnaud
cc ES&a LA-05-06-Re Buloke Shire Council

Sir/Madam,

As I stated in my 19-8-2015 correspondence and the same applies still at the time of writing:
QUOTE

despite my various writings no response from ES&a, the St Arnaud coordinator or the Magistrates Court at
Collingwood about the 20 August 2015 hearing that was listed in St Arnaud. This I view is the scandalous kind of
conduct by the court.
END QUOTE

The distance of Melbourne to St Arnaud is 244 KM and [2011] UKPC 31 Privy Council Appeal No 0101
of 2010 Electra Daniel Administrator for the estate of George Daniel (deceased) (Appellant) v The Attorney
General of Trinidad and Tobago (Respondent) while this was a wheelchair access issue, nevertheless the
judgment itself refers to access to the courts. As a senior citizen I view the Age Discrimination Act 2004

applies also, considering also that a Magistrates Court of Victoria court facility at Heidelberg is
about 4 KM away from my residence.
QUOTE Age Discrimination Act 2004
p1
9-10-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 2
3 Objects
The objects of this Act are:
(b) to ensure, as far as practicable, that everyone has the same rights to equality before the law,
regardless of age, as the rest of the community; and
(c) to allow appropriate benefits and other assistance to be given to people of a certain age,
particularly younger and older persons, in recognition of their particular circumstances; and
END QUOTE Age Discrimination Act 2004

(Back to the doctor tomorrow for test results- etc, regarding the possible cause of ill health)
This correspondence is not intended and neither must be perceived to state all issues/details.
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

END QUOTE 26-8-2015 CORRESPONDENCE

At no time did the Magistrates Court of Victoria at St Arnaud nor ES&a Lawyers advise me
about the precise terms of the orders of 217 September 2015, not that I concede it had
jurisdiction, and only upon my attendance on 8 October 29015 to the Magistrates Court of
Victoria at Broadmeadows, after already having instituted an appeal was I made aware that
the appeal document then provided for me to sign shows without conviction.
As I understand it ordinary there is a difference as to being convicted or without conviction
and the STATEMENT OF FINES AND PENALTIES IMPOSED is precisely that a mere
statement and not any formal court order. Indeed, such a statement may include errors which
in itself will not alter the terms of court orders actually issued, if the court had invoked
jurisdiction appropriately. Again not that I concede this eventuated. As the STATEMENT OF
FINES AND PENALTIES IMPOSED did not include any mention of without conviction it
is clear that it is not a document that could be relied upon for an appeal purpose. Hence,
effectively I was denied to file an appeal on basis of actual court orders known to me.
At the Magistrates Court of Victoria Broadmeadows venue Registry a Registrar Kimberly
attended to me also, besides another staff member (appeared to me to be training), and she
advised me that I was too late in filing an appeal because it had been a judicial registrar and the
appeal time for a decision of a judicial registrar is a mere 2 weeks. I explained that I write books
about the law and I am entitled to appeal the decision on basis that there was an OBJECTION
TO JURISDICTION and it made no difference if it was a Judicial Registrar or a Magistrate
who made the orders. Kimberly then outlined that I could apply leave to appeal out of time.
Again I explained I had a right to appeal. (Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84
(17 April 1991) made clear one has no time limit to appeal a decision of a judicial registrar! This
was confirmed in Abbott v Abbott at the Family Court of Australia at Brisbane venue by Kay J
24/25 October 1994 and again some years later by Kay J again in Mitterer v Mitterer at the
Family Court of Australia at the Dandenong venue.) As such not only was I being misled by
Kimberly as to the 2 week time limit and the need to apply for leave to appeal out of time but
likely so thousands of others around Victoria when they seek to appeal and be wrongly advised
that there is a 2 week time limit to appeal. After my insistence that I have the right to appeal then
subsequently Kimberly made known that the judicial registrar was recently appointed to be a
Magistrate and so I could appeal. I do not know when this alleged appointment was made but
concern that Kimberly somehow suddenly discovered it was a magistrate even so prior to that
claiming it was a Judicial Registrar. Even if the Judicial Registrar had been appointed to be a
Magistrate if the hearing was at the time before a Judicial Registrar then the subsequent
appointment to be a Magistrate was totally irrelevant. If however the appointment was prior to
p2
9-10-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 3
the 17 September 2015 hearing then the argument that there was a 2 weeks time limit was
deceptive/false/misleading. There ought to be no doubt in that any ordinary citizen would have
been deceived in his/her legal rights to appeal.
As such we have that the Magistrates Court of Victoria at Heidelberg venue is unduly protracted
closed for a damage that I understood was similar as in Ringwood venue, one of water damage,
but it seems the Victorian government cannot bother to have the venue repaired as to force all
litigation upon other court venues. This in itself I view violates the Authority of [2011] UKPC
31 Privy Council Appeal No 0101 of 2010 Electra Daniel Administrator for the estate of
George Daniel (deceased) (Appellant) v The Attorney General of Trinidad and Tobago
(Respondent) as effectively those having to attend to the courts are caused to incur uncalled
problems such as more extensive driving, time loss, etc. And considering the additional man
hours to the police force to attend other venues of the Magistrates Court of Victoria over those
months the cost of loss of police resources may by far outstrip the repair bill of the Heidelberg
venue. Indeed the delay can cause the repair bill to escalate due to rot setting in which could have
been prevented by immediate repair. As such what appears to me is that the State Government is
deliberately seeking to close down court venues as to force more matters through the government
Infringement court system. This as I indicated is not a court system within the terms of the
Letters patent published in the gazette on 2-1-1901 that requires an impartial administration of
justice because ordinary persons cannot institute legal proceedings in the Infringement Court,
such as my wife where so far for years the SRO (State Revenue Office) refuse to refund the
entire about $218 of overpay -in 2000 - on a water bill, lawyers had wrongly paid by having
been advised at settlement was owing, even so the SRO acknowledges this was overpaid. Within
Enduring Powers of Attorney for my wife I pursued and still pursue this matter. As such, where
the Infringement Court doesnt facilitate for me to litigate against the SRO for an
acknowledged entitlement then it clearly is not an impartial administration of justice (rather
a government purported court system) besides other issues I set out previously as to the
Infringement Court being unconstitutional.
QUOTE 17-8-2015 CORRESPONDENCE
Because I am well aware we lack impartial administration of justice as required by the 2-1-1901
Gazetted Letters Patent, I knew that I would have no hope to go to court to sue for the unconstitutional rates
and illegal garbage charges and so to say had to bite my tong until the Shire of Buloke would litigate against
me.
Obviously Buloke Shire Council (being named in the summons) could refrain from challenging the
OBJECTION TO JURISDICTION and so allow the court to find that there is no jurisdiction.
I am currently very ill, and mostly confined to bed, but in the past a Magistrate went ahead in my absenteeism
and on appeal the orders were set aside. As such if playing games is the way to go despite of my
OBJECTION TO JURISDICTION then you may just discover that it will make matters more complicated.
As the court noticer indicates that if there is a NOT GUILTY plea the matter is adjourned for another
hearing date, then obviously likewise with an OBJECTION TO JURISDICTION the court cannot proceed
either on the day (20 August 2015).
END QUOTE 17-8-2015 CORRESPONDENCE

From the appeal noticed, (Again provided to me to sign after I had already instituted the appeal
as the appeal date and time to attend on a prehearing was already inserted into the documentation
to be signed) there is no mention of any orders to dismiss the OBJECTION TO
JURISDICTION and hence no such order appears to have been made.
Again, this is yet another totally deceptive conduct by the Court as one has a right to appeal
where the Court did not make an order where it should have made one. As such the court should
have made an order, that is to invoke jurisdiction (albeit it is not conceded this would have been
appropriate in the circumstances prevailing), to dismiss the OBJECTION TO JURISDICTION
and as this was not dismissed then the purported orders are of no legal justification.
p3
9-10-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 4

p4
9-10-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 5
Onn Thursday 8 October 2015 my doctor herself commented that my illness so far lasted since
July (2015) and she is concerned about it going on and on.
To me what is also an issue is that despite my illness Buloke Shire Council and so its legal
representatives nevertheless persisted in litigating in the in correct venue (even admitted by
Kimberly) at the Magistrates Court of Victoria at St Arnaud even so the litigation itself couldnt
be a matter of urgency. In my view any legal bill of ES&a Lawyers, if the court determines it
justified in the first place (Considering also that Cr Graeme Milne MOUNT JEFFCOTT
WARD didnt appear to have been in any position to give informed consent to litigate.) should
be ordered to be paid by councillors themselves as they should have been aware of their own
irresponsible conduct to persist as they did, and the so called ratepayers (of which I am one of
them) shouldnt be lumped with legal cost that was unjustified in the circumstances. Why on
earth should I no matter win or lose my case end up having to pay for litigation cost against
myself?
The problem also that I had to institute an appeal without having any formal
communication of the Magistrates Court of Victoria at St Arnaud as to the precise, if any,
terms of orders of 20 August 2015 and 17 September 2015. Considering that not untilafter
having instituted the appeal I became aware of the alleged terms or orders. This to me is a
scandalous unconstitutional and further unlawful conduct that cannot be permitted to go on.
JUSTICE IS DENIED in various ways.
Further, as I had to institute an appeal without having any formal orders of the 20 August 2015
and 17 September 2015 hearings I have requested for the 17 September 2015 audio recording to
be provided. Obviously pending what was recorded at the time further issues may eventuate to be
raised by me. Safe to say that without any transcript, reason of judgment and court orders (This
as the statement itself is not a court order) I view there was a gross injustice that needs to be
addressed. JUSTICE IS DENIED in various ways.

Why indeed do we have a Chief Magistrate if he is incompetent to ensure court venues are
operating appropriately, and repairs are completed within a reasonable time frame? The same
why have some CEO and others assisting the Chief Magistrate if they still cannot manage to have
repairs done without the least disruption to people needing to attend to a court venue? Here the
taxpayer is paying for fencing cost where this money could be better spend on the repairs itself. It
should be clear that the overall long term cost such as loss of police man hours to attend to a
court venue, etc, is in the overall likely to exceed the repair bill itself. And then to consider the
huge burden upon accused/defendants who have to do additional travelling, etc. JUSTICE IS
DENIED in various ways.
As I indicated in past correspondence the court/and members of the legal profession
involved has blood on its hands, this where as result of this kind of conduct people end up
committing suicide/murder.
A copy of this correspondence together with the actual NOTICE OF APPEAL (of which a copy
is attached with this correspondence) signed by me will be forwarded to you by Australian Post
to; ES&a Legal Practitioners, 316A Queens Parade, Clifton Hill, Vic 3068, as noted on your
letterhead.
This correspondence is not intended and neither must be perceived to state all
issues/details.
Awaiting your response,

G. H. Schorel-Hlavka O.W.B. (Gerrit)

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

p5
9-10-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati