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Mr Garry McIntosh, Associate to His Honour Mullaly J.

judgemullaly.chambers@countycourt.vic.gov.au

1-12-2015

Re: 20151201-Schorel-Hlavka O.W.B. to Associate Mr Garry McIntosh to His Honour Mullaly J County Court of VictoriaRe APPEAL-15-2502-Missing sealed orders

Sir,

as yet I have not received the sealed orders of His Honour Mullaly J of 30 October 2015.
I urge you to ensure they are issued without further undue delay. It is to me disturbing that
the courts seems to be blatantly ignorant to the right of a party to be provided with sealed orders
as to the precise terms of the orders. While the County Court of Victoria cannot do something
about the failure of the Magistrates Court of Victoria likewise failing to provide sealed orders
regarding its purported 20 August 2015 and 17 September 2015 hearings, surely an appeal court
ought to have a more professional conduct?
I had this incident where I submitted to a judge a of head quotation of a case quoting part of it when His
Honour responded that I was totally wrong about the case because His Honour had been the barrister in that
case. I invited His Honour to check the law reports (of which I also had a copy with me) His Honour did so
and then admitted that in fact I was right and he had totally forgotten that part of the case . The case had been
just before His Honour had been appointed to be a judge. Therefore, if a judge cannot even remember an
important issue of a case he did then how can the court dealing often with people who have no proper
understanding about legal issues and have language difficulties to be aware and remember what precisely the
terms of a court order may be. This also where at time the Registry alters the terms of orders as stated by a
judge afterwards. (I once received 5 different versions of the one judgment!)

Also, at times an error on record may be shown versus the transcript/court recording, and it is
unfair to a party if such an error remains hidden and a trail judge then relies upon one version not
knowing the true version whereas the parties have a different version. As a matter of fact, as I
made clear previously, I filed my appeal upon the basis of the orders Buloke Shire Council legal
representatives had claimed were issued on 17 September 2015, only to discover, after I had
already filed my appeal, that the terms of the orders were not completely known to me. This just
underlines the absurdity not to provide sealed orders, as an appeal can stand or fall by the terms
of the sealed orders, such as being interim or final orders, etc! At times the meaning of an order
can be to the precise grammatical usage and as such it is essential that the court provide sealed
orders regardless if the orders are regarding a pre-appeal hearing, a trial or whatever. The court
itself should not so to say create some obstacle course in litigation that may undermine the rights
of a party.
Again, I request that the sealed orders regarding the orders made by His Honour Mullaly J
on 30 October 2015 are provided without any further undue delay.
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!)
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1-12-2015
G. H. Schorel-Hlavka O.W.B.
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