1

Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:

10

27-10-2015

Mr Wayne Wall, Municipal Fire Prevention Officer buloke@buloke.vic.gov.au

Buloke Shire Council buloke@buloke.vic.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Mr Martin Pakula, martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au
Ref; 20151027-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire Council cc LSC-COM-2015-0873-Re Appeal

Sir/Madam,

15

20

25

30

35

40

45

Hereby I urge you to clarify the position of Buloke Shire Council if it intends to
oppose my appeal, etc.
It should be understood that Buloke Shire Council acting within s114 of the Commonwealth of
Australia Constitution Act 1900 (UK) has the same obligations as the Public Prosecutor of the
State of Victoria.
I received from a friend the following quote email, and well you may consider the content and
provide me with a preliminary brief or brief. After all I made known that Councillor Milne
claimed not to know what it was on about (the litigation) and as such the court may have to
consider if you have any legal standing (as I disputed this) to act for and on behalf of Buloke
Shire Council considering that at least one councillor didnt appear to be able to give informed
consent to act for Buloke Shire Council. As such others may likewise not be aware of what the
litigation is about.
Obviously, I request not only for the brief/preliminary but also that Buloke Shire Council
produces records at least since 2009 as to how often it issued identical or nearly identical
FIRE PREVENTION NOTICES against landowners and how often any was against
Buloke Shire Council (Shire of Buloke).
After all I provided some but not all images of conditions in 2013 when Mr Wayne Wall issued
against me the (invalid) FIRE PREVENTION NOTICE and so the issue will be did he likewise
issue any against Buloke Shire Council, and if not why not? As the images I have indicates that
the growth on my property was at most similar to that along the roadside or lower, significant
lower!
Because this has been a systematic pestering upon me of FIRE PREVENTION NOTICES and
Buloke Shire Council persisted to proceed despite my ill health I view the court may have to
consider if the conduct of Mr Wayne Wall and so Buloke Shire Council and its legal
representatives was justified in the circumstances, and if not how the court may deal with this to
possibly prevent repeat of such harassment/vexations litigation upon me.
QUOTE 27-10-2015 EMAIL RECEIVED
Re: see attachment 20151027-Schorel-Hlavka to Country Fire authority -COMPLAINT
Important

Nigel W <changeling_au_2004@yahoo.com.au>

Today at 5:39 AM (27-10-2015)

To
Gerrit,
some things for you to consider:p1
27-10-2015
Mr 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: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati

10

15

20

25

1) Have you received a full brief from the council yet? If not, demand one in writing - see what the Criminal
Procedure Act 2009 says about full briefs. If you have received one (or even a preliminary brief), does it list
Wayne Wall as one of the witnesses they'll be calling? If not, you'll need to subpoena him.
2) If your appeal is successful, you may want to consider applying for declaratory relief from the Supreme
Court declaring that the proceedings instituted against you by the council were a nullity. You can glean a bit
about this process from Dustday Investments Pty Ltd v Minister for Planning [2015] VSC 101 at 65-74
<http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2015/101.html>
3) You may wish to investigate suing the council in an action for the tort of collateral abuse of process. I
haven't looked into this tort in any detail, but some key cases are:Varawa v Howard Smith Company Ltd [1911] HCA 46
<http://www.austlii.edu.au/au/cases/cth/HCA/1911/46.html>
Williams v Spautz [1992] HCA 34 <http://www.austlii.edu.au/au/cases/cth/HCA/1992/34.html>
Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd; Jeffery & Katauskas Pty Limited v Rickard
Constructions Pty Limited [2009] HCA 43 <http://www.austlii.edu.au/au/cases/cth/HCA/2009/43.html>
Bare in mind that such an action would need to be taken against the council NOT their lawyers, as the
lawyers aren't actually a party to the proceeding - see Leerdam & Anor v Noori & Ors [2009] NSWCA 90
<http://www5.austlii.edu.au/au/cases/nsw/NSWCA/2009/90.html>
4) Also bare in mind that if the County court find against you, the only option then is a judicial review under
Order56 of the Supreme Court rules. The only way that a judicial review has any chance of success is if you
can demonstrate that the Judge has made an error of law on the face of the record, or has fallen into
jurisdictional error - see
Craig v South Australia [1995] HCA 58 <http://www.austlii.edu.au/au/cases/cth/HCA/1995/58.html>
A judicial review is somewhat similar to an appeal on a question of law. My recent successful appeal
judgment provides quite an insight into what a question of law is - and isn't. See Waddington v Kha [2015]
VSC 339 <http://www5.austlii.edu.au/au/cases/vic/VSC/2015/339.html>
I'm sure you'll have fun!

30

35

40

45

Nigel
END QUOTE 27-10-2015 EMAIL RECEIVED

You did apply for cost regarding my writings and during the EX PARTE hearing was granted
this and as such I view the court is entitled to take it that where you charge for reading the
material then you should have presented to the court precisely what I was on about, including the
invalid FIRE PREVENTION NOTICE, I disputed all along. After all the Court may hold that
concealing such relevant details you may have deliberately perverted the course of justice.
While it was not your task to present my case however you were obligated to inform the court
what my position was and why your client had an opposite position.
If you didnt read the material but merely counted pages to claim a charge then I view this may
constitute fraud, as well as perverting the course of justice.
My view is that what you did was dishonourable and appalling and most unlettered persons may
end up having orders against them without knowing how to obtain justice. I am determined to
expose the rot and while I am aware you can try to continue using all kinds of ways to pursue
uncalled litigation do keep in mind that if the original FIRE PREVENTION NOTICE was
without legal justification then everything flowing from this (Like the Infringement Notice and
any subsequent court orders) likewise has no legal force.
I look forwards to your positive reply!

50

This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
Awaiting your response,

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

p2
27-10-2015
Mr 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: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati