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Mr Garry McIntosh, Associate to His Honour Mullaly J.


judgemullaly.chambers@countycourt.vic.gov.au
Cc:

7-1-2016

Mr Peter Kidd CJ County Court of Victoria, feedback@countycourt.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
Elliott Stafford and Associated
lawyers@elliottstafford.com.au
County Court of Victoria crim.reg@countycourt.vic.gov.au
Re: 20160107-Schorel-Hlavka O.W.B. to Associate Mr Garry McIntosh to His Honour Mullaly J County Court of VictoriaRe APPEAL-15-2502-False Form11s-etc

Sir,

In my view all persons appearing before the court, regardless if they are legal practitioners or
not are equal before the courts. Hence a non-compliance by a legal practitioners with court orders
must not be ignored where if a person (not being a legal practitioner) does so then so to say the
court comes down on that person like a ton of bricks.

The above reproduced order clearly requires that the brief is posted by no later than 9
November 2015. The accompanied correspondence reproduced bellow indicates that it was
signed on 25 November 2015 and as such well past the due date of having to be posted. Albeit I
am not aware a required application to seek leave to serve out of time was made let alone
granted and as such no service could be deemed to have been executed. In any event it was not
the brief I was entitled upon that was before the Magistrates Court of Victoria on 20 August
2015 and/or 17 September 2015. This is relevant to the issue of jurisdiction!
p1
7-1-2016
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

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p2
7-1-2016
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 above reproduced part of the Form 11 in my view clearly indicates a false declaration as it
purports that on 25 November 2015 I was provided with a copy of the matters before the court on
18 March 2013 where none of the relevant documentation of any 18 March 2013 hearing was
p3
7-1-2016
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

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attached. As a matter of fact until I received this Form 11 I never even had been aware that on 18
March 2013 a hearing was listed by Buloke Shire Council against me and for what charge.
As I indicated in other writings I am well aware (from personal experiences representing parties)
that judicial officers fraternise with a party without the knowledge let alone consent of the other
party and at times orders are issued merely by a lawyer making a phone call to a judicial officer
without any formal application let alone any hearing. Hence, I do not know if the same
eventuated with the Magistrates Court of Victoria on 18-3-2013, and now involving His Honour
Mullaly J as to grand leave to serve out of time without any known application for this.

There can be absolutely no doubt that emailing it on 25 November 2015 and posting it
subsequently cannot circumvent the order of His Honour Mullaly J that it should be posted no
later than 9 November 2015. And as I previously indicated Counsel for Buloke Shire Council
obtained the order by falsehood when making a statement from the Bar table claiming that I had
made the request for the brief as I understood it yesterday when it fact it was another 2 days
earlier.
http://www.bailii.org/ew/cases/EWHC/QB/2008/617.html
England and Wales High Court (Queen's Bench Division) Decisions
Neutral Citation Number: [2008] EWHC 617 (QB)
QUOTE
I would accept that it can be submitted with some force that, if a litigant misleads the court into
granting him an order with the intention of enabling himself to steal a march in the litigation, he
should be treated as falling within Lord Devlin's second category as he described it in Rookes v
Barnard [1964] AC 1129 at 1226 and 1227.
QUOTE

A legal practitioner who signs a legal document relating to an 18 March 2013 hearing in the
Magistrates Court of Victoria must be held legally accountable if this was a deception. If a
hearing then eventuated without my knowledge and never having been served with relevant
documents then clearly the Form 121 statement failed to provide the relevant documentation and
as such the statement was in my view a false hood/fraudulent statement.
p4
7-1-2016
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

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This correspondence indicates it is signed on 27 November 2015again long after the ordered date
of 9 November 2015 to be posted. While this correspondence claims that it contains the Form 11
accompanying the full brief in fact it only included the Form 11 and nothing else.
p5
7-1-2016
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 6

This form 11 clearly was a false hood because other than the form 11 no other documentation
was attached, even so it is marked that it has so. And again, it is dated 27 November 2015 and as
such could never have been posted by latest on 9 November 2015 and again to my knowledge no
application for Leave to serve out of time was made let alone granted. As such the ordered
service never eventuated. Despite my elaborate writings ES&a Legal Practitioners having been
provided on 2 December 2015 with a copy of the order and again on their request on 22
December 2015 nevertheless didnt bother to still seek leave to serve out of time and as such
take it for granted as I view it, that the court will like a puppet-on-a-string dance to the desires of
EA&a Legal Practitioners and so no need for them to comply with court orders. After all they
were not even registered to appear for Buloke /Shbire Council on 30 October 2015 and it appears
to me that His Honour Mullaly J was not the least concerned not to have a Notice of Appearance
that is legally required to be filed and served, but was more concerned so it appeared to me, to
bully, to be patronising and pedantic in conduct and to be authoritarian, patronising attitudes to me.
p6
7-1-2016
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 7

As I requested the brief prior to the pre-hearing of the appeal then clearly it related to the full
brief that was on 20 August 2015 and/or 17 September 2015 before the Magistrates Court of
Victoria and whereas now it appears there were (secret?) litigation going on before the
Magistrates Court of Victoria on 18 March 2015 then I am entitled to those documents relevant
to these proceedings held then. As I dispute the jurisdiction of the Magistrates Court of Victoria
then obviously it is relevant what, if any, brief was before the court and if indeed secret litigation
were held on 18 March 2013 then I am entitled to know what if any corrupt conduct is going on.

If Alison Jean May signed a fraudulent form 11 on 25 November 2015 then I view she must be
held legally accountable for this also. The same with the 27 November 2015 Form 11 that was
provided without the listed documentation.
While you may utterly dislike my persistence to expose what I consider the rot in the court
(legal) system it would in my view better if you did your job and ensure the court is alerted to
those breaches of law so that His Honour Mullaly J and/or other judicial officer will be aware of
the breaches of law and that the law must and will be applied to legal practitioners also!
What should be understood is that in my view there was absolutely no need for His Honour
Mullaly J to issue orders limiting time to post for service by 9 November 2015 if His Honour
referred to the ordered De Novo hearing for 22 February 2016 because legislation is in place that
requires the full brief to be served no later than 14 days prior to the hearing date.

In my view His Honour Mullaly J referred to the full brief that was before the Magistrates Court
of Victoria at St Arnaud on 20 August 2015 and/or on 17 September 2015 as otherwise the court
neve could, besides the issue of OBJECTION TO JURISDICTION, have dealt with the matter
p7
7-1-2016
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 8
in my personal absenteeism, this so where the audio recording indicates no evidence was
placed before the court.
I do not know how often, if ever all al, previously Counsel for Buloke Shire Council appeared
before His Honour Mullaly J and perpetrated the same conduct, or that perhaps His Honour
Mullaly is known so to say as an utter fool who easily is deceived/misled, and this might have
been why Counsel for Buloke Shire Council as I view it deceived His Honour Mullaly J as to
yesterday and perhaps concealed the fact that no full brief ever existed in regarding of the 20
August 2015 and /or the 17 September 2015 hearings before the Magistrates Court of Victoria at
St Arnaud. In my view all cases that were before the relevant judicial officer at the very least but
perhaps all cases before the Magistrates Court of Victoria at St Arnaud should be checked if this
is the modus operandi by the court to issue orders without a shred of evidence and without any
full brief having been filed and/or served. His Honour Mullaly J may so to say have been
grandstanding about that as I understood it I was some person who held the law applies to
everyone else but myself, this without any evidence before the court at all to justify any such
kind of remark against me, but it is now so to say in His Honour Mullaly Js court to prove his
own integrity and to ensure that Buloke Shire Council and its legal representatives are not let of
by so to say having taking him by the nose and led him up the garden path.
While Counsel for Buloke Shire Council didnt specifically give any sworn evidence,
nevertheless I view it is a CONTEMPT OF COURT to make statements that are designed to
pervert the course of justice, to deceive the court, to conceal relevant details, etc. No court can
permit someone, regardless of being a legal practitioner, to misuse and abuse the special
privileges that are associate with presenting a case from the Bar table. In particular members of
the legal profession should be well aware of the legal consequences when engaging in
deceptive/misleading conduct including concealment of relevant details. In my view Counsel for
Buloke Shire Council submitting that it would take time because of photographs in my view
likely was well aware no full brief ever existed, regarding the 20 August 2015 and/or the 17
September 2015 hearing before the magistrates Court of Victoria at St Arnaud and I view should
have properly disclosed this, but rather so to say led His Honour Mullaly J by the nose!
Likewise I view the making of a false/misleading Form 11 statements must be dealt with
severely because the courts rely upon it to be accurate.
My wife is in panic mode insisting I just pay up because she holds that no matter what I will lose
the case. This is the kind of sheer terrorism inflicted upon a person like my wife, this even so no
litigation exist against her. Likewise I understand this to eventuate with many others. After all,
why on earth should all these issues have been left unattended when I notified the Associate time
and time again about the blatant breaches of the orders of His Honour Mullaly J. I get it we have
this lawyers club mentality that the Rule of Law applies to everyone but to lawyers! Well the
credibility of His Honour Mullaly J as well that of the courts is placed in question and this
merely by me using the Rule of Law against lawyers and judges!
One thing should be clear that Buloke Shire Council legal representatives fabricating Form
11s and a full brief by this must be deemed to admit there never was one existing, and as
such there was absolutely nothing to justify the Magistrates Court of Victoria at St Arnaud
to have invoked jurisdiction and to issue orders!
It looks like the legal representatives are trying to do their best to build my case against their
client and themselves! I wonder, who need enemies with legal representatives like that?

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!)
p8
7-1-2016
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

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