Form 55A Notice of Appeal

(Order 53, rule 2, Order 53B, rule 2 and Order 59, rule
1)

No. VID91 of 2009

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY

On appeal from the ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN

PHAM ©® (artificial person)

pham (natural man god creation) deny consent to be enslaved
Applicants
and
SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND
WORKPLACE RELATIONS Respondent

NOTICE OF APPEAL (Amended Thursday, 26 February 2009)

1. TAKE NOTICE that the applicant appeals from the decision or
determination of (specify Tribunal below) given on (specify date) at (specify
place) by which the Tribunal decided or determined (specify decision or
determination appealed from).

TRIBUNAL: ADMINISTRATIVE APPEALS TRIBUNAL,

JOHN HANDLEY, SENIOR MEMBER

DATE: On 19 JANUARY 2009

PLACE: MELBOURNE

PHAM

____________________________________________________________
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2. THE QUESTIONS OF LAW raised on appeal are — (specify each question
of law).

a) ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 SECT 2A

Tribunal’s objective In carrying out its functions, the Tribunal must
pursue the objective of providing a mechanism of review that is fair,
just, economical, informal and quick. Whether Senior Member of the
Administrative Appeals Tribunal John Handley can conspire to pervert
justice under Administrative Appeals Tribunal Act 1975, by fabricating
facts and evidence, contrary to the Crimes Act 1914 ( Cth) S 43: (1),
inter alia;

b) Whether John Handley can dispense with the rules of evidence, under
the Laws of Natural Justice, and Crimes Act 1914 ( Cth) and Criminal
Code Act 1995 (Cth);

c) Whether Senior Member John Handley did apply S3 of the

Administrative Appeals Tribunal Act 1975, requiring a direct review of
a decision, under an Enactment;

d) Whether John Handley can discriminate based on race under the Racial
Discrimination Act 1975 (Cth) and Human Rights and Equal
Opportunity Commission Act 1986 (Cth);

e) Whether John Handley can modify the Applicant’s Appeal without his
authorization, under S2a and 3 Administrative Appeals Tribunal Act
1975, inter alia;

f) Whether John Handley can refuse to address the Appeals at hand, or

frivolously and vexatiously slander and libel the Applicant and his race,
under the AAT Act 1975 or RDA 1975;

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g) Judicial Bias: Handley failed to disqualify himself from proceedings
due to prior COMCARE matter that’s ongoing to the High Court where
Handley has been named, and failed to heed the HighCourt advice
regarding apprehended bias; then failed to disqualify himself for
refusing to disqualify himself for perverting justice;

h) Whether John Handley applied Administrative Appeals Tribunal Act S3

(4) Without prejudice to any other method available by law for the
proof of decisions or orders of the Tribunal, a document purporting to
be a copy of such a decision or order, and to be certified by the
Registrar, a District Registrar or a Deputy Registrar to be a true copy of
the decision or order, is, in any proceeding, prima facie evidence of the
decision or order; no documents have been certified;

i) Whether S 13 and 15F Crimes Act 1914 ( Cth) comes into effect that
any person may commence a prosecution, against individuals for
deliberate and with malice breaches of Crimes Act 1914 ( Cth) S 43:
(1);

j) Whether John Handley applied Administrative Appeals Tribunal Act S3

by refusing to allow the Applicant the opportunity to reply to the
Respondents final submissions;

k) Whether John Handley applied Administrative Appeals Tribunal Act S3

by refusing to list in his judgment:
http://kangaroocourtaustralia.com

l) Deprivation of rights under color of law. What was the due process of
law

m) Evidence Act 1995 (Cth)

n) Privacy Act 1988 (Cth)

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o) Crimes Act 1914 ( Cth) and Criminal Code Act 1995 (Cth)
p) Administrative Appeals Tribunal Act 1975 (Cth)
q) Human Rights and Equal Opportunity Act 1986 (Cth)
r) Racial Discrimination Act 1975 (Cth)
s) Human Rights Act, 1998 (UK)
t) what presumption, assumption, interpretation of the word, statute,
society person (natural person gods creation, persona, artificial
person(s) {family name and or Mr} which has duties and responsibility)
u) This natural man does not consent to be governed or ruled by lies,
deceit and the fictional government and courts using the colour of law
v) Clause 5 of the Constitution: “This Act, and all laws made by the
Parliament of the Commonwealth under the Constitution, shall be
binding on the courts, judges, and people of every State;……”

w) Clause 5 preamble demands obedience, and s.24 AA (1) (a) 1914

Crimes Act says it is an act of treason not to obey the Constitution.

x) Australian Citizenship Act 1948;

y) in contempt of the High Court's Coco v The Queen (1994) judgment

which ordered a judicial officer to support orders with legislation,
which is law pursuant to s.25 Judiciary Act 1903, with regard to High
Court decisions;
z) The University of Wollongong v Metwally (1984) H.C. decision ruled
that the Constitution has self-executing status, that does not require
judicial order.
aa) To swear false oaths affirmations with regard to the Constitution is an
act of treason (s.24 AA (i) (c) 1914 Crimes Act.
bb) a s.41 and s.30 Crimes Act 1900 indictment of attempted murder.
cc) Proof of the corpus delecti

dd) FIAT JUSTITIA, RUAT COELUM

ee) 78b notices have been sent to all the attorneys general of the states and
commonwealth and Territory of Australia.
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3. ORDERS SOUGHT: (state the orders or relief sought by the applicant).

John Handley’s illegal, null and void decision to be set aside with
PREJUDICE;

Court and Tribunal costs;

Other costs;

4. GROUNDS: (specify grounds relied upon in support of the orders sought).

a) Handley failed to seal and or serve the Applicant’s summons on
witnesses, namely Wayne Jarman and the Secretary DEWR;
b) Handley perverting justice by disregarding rules of evidence,
instructing and fabricating hearsay evidence, dispensing with
Applicant’s sworn testimonies;
c) Handley “fishing” for evidence; contradicting a previous Egon Fice
decision on whether there was payment;
d) Handley failed to summons required witnesses as noted by the
Respondents, despite Handley wasting tribunal time on matters already
supposedly dealt with by Egon Fice;
e) No Commonwealth of Australia official or employees or otherwise
would officially confirm the Commonwealth’s claim of overpayment
when asked to be cross-examined; claim is bogus and a fraud;
f) Applicant presented his evidence under oath and challenged Handley to
charge him with perjury; in the event that Handley does not charge the
Applicant with perjury, it is not reasonable that John Handley’s name is
tainted in any way by allegation of corruption against John Handley;
g) Signature on Trust account of tax return is not the Applicant’s; Handley
admits it; Handley fabricated it;
h) Respondents failed to challenge ANY of Applicant’s contentions,
evidence and facts;
i) Tim de Uray fabricated the tax return relabelling a tax return for the
year 2003-2004 as that of 2004-2005;

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 j) Paul Mentor of Sparke Helmore in affidavits to the Federal Court stated
that there were evidence of payment and ATO records; None can be
verified;
k) PHAM FAMILY TRUST owes the Applicant money;
l) No evidence of money changing hands, or being paid or otherwise;
m) The Australian parliament and the Australian Federal Police have been
notified of Handley conspiring with Tim de Uray and Paul mentor in
perverting justice through falsification of documents and evidence; to
be attached.

n) Proof of the corpus delecti

o) FIAT JUSTITIA, RUAT COELUM
p) http://kangaroocourtaustralia.com

5. FINDINGS OF FACT (if any) that the Court is asked to make are: (specify
each finding).
a) No overpayment has been substantiated; Respondents are free to refile if
they wish;
b) PHAM Family Trust owes the Applicant moneys;
c) Costs for Pain and suffering;
d) Costs for loss of income;
e) Costs for Defamation against the Applicant’s name;
f) Costs for defective administration under CDDA;

Note Item 5 only applies to appeals under section 44 of the Administrative

Appeals Tribunal Act 1975.

Date: Thursday, 26 February 2009.

(Signed, applicant or applicant’s solicitor)
Note Order 53, subrule 6 (2) provides that within 7 days after filing this notice
of appeal, the applicant must serve a copy of it on all other parties to the
proceedings before the Tribunal and on the Registrar of the Tribunal.

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To the respondent: (address)
LISA PAUL

c/o Department Education, Employment, Workplace Relations

ph 02 6240 1942
fax 02 6123 6144

Julia Gillard
Ph 02 6277 7320

fax 02 6273 4115

TAKE NOTICE:
A directions hearing in this appeal will be heard by the Court at the time and
place specified below. If you or your legal representative do not attend the
Court at that time, orders may be made in your absence (including orders for
costs).
Before taking any step in the proceeding or attending at the directions hearing
you must file an appearance in the Registry.
Time: (date and time to be entered by Registry unless fixed by Court)
Place: (address of Court)
(where the time for service has been shortened, add — )
The time in which this notice of appeal, with its notice of the directions hearing,
is to be served has been shortened by the Court to (specify time).
Date: , February 2009.

………………………………………..

(Signed: REGISTRAR)
The applicant’s address for service is (specify address for service).

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