MARY GAUDRON FUNDRAISING 101: CORRUPTION AND BIAS EXPOSED IN FAILED FAMILY PROVISION COURT CASE

Court of Appeal, Supreme Court, New South Wales
Underwood v Gaudron [2015] NSWCA 269
heard by Basten JA; Macfarlan JA; and Ward JA\

1.  Bias in the Media
I wrote to Louise Hall recently, a journalist known as a “Court Reporter” with the Sydney Morning Herald, on behalf of Helen Underwood (Mary Genevieve Gaudron’s and Kathryn Teresa Gaudron’s sister). I alerted Louise Hall about the outcome of the Appeal, because when Helen learned she had lost her case for a Family Provision, she was too upset to reply, especially because Hall had refused to acknowledge Helen’s previous emails.  Louise Hall had curtly emailed Helen to ask her about the outcome of her Appeal as she couldn’t be bothered to attend either the hearing or handing down of the judgment.

I also alerted Louise Hall in this initial email to my previous post that said her reporting was “… a blight on the moral landscape” because instead of unbiased reporting, press-titute Louise Hall covered the story about the initial trial, favouring Mary Gaudron, the former High Court Judge.

Helen knew that the Fairfax media machine would continue to lie about the Appeal and that the Sydney Morning Herald would not report on the case, or if it did, it would be a short notice of the outcome only.  There would have been no in-depth research to report the facts of the matter.  According to George Orwell’s famous book “1984”, the omission is the worst type of lie.

As you would expect any bought and paid for press-titute for the Fairfax boys would laud Mary Gaudron’s glorious attributes to the Australian people in order to perpetuate the myth that Australian’s courts are fair and equitable and we live according to the rule of law, when in practice the opposite is true.  Australia is in fact a lawless country whose Constitution was never ratified, and is apparently for sale to the highest bidder.

After Louise Hall announced the dismissal of the appeal on her twitter post, I posted a reply that dared her to write an article on the court case without bias and from a moral standpoint, specifically addressing the question of where is equity and remedy.  I doubt Louise Hall knows the meaning of the words, let alone be capable of writing a essay that would pass the litmus test, a crucial and revealing test in which there is one decisive factor.  If she did have any morals, BIG Brother (the cabal who run the media) would not stand for taking out one of their own, unless of course it was in their own best interests to do so.

Unfortunately for Louise Hall, she has missed out on the chance to break the story, but as many of us are waking up to, the press is no longer independent and unbiased.  Unfortunately the job of educating the public is left to unpaid educators like me to tell the story.

2.  Three Disturbing Factors
As all press-titutes do when giving a favourable head-job to their slave masters; Louise Hall ignored three disturbing factors. The first being that the subject of bias in hearing the case for Family Provision cannot be avoided; the second was that Helen was poor, and thirdly that she was morally due her share of the estate.

3.  Questions That Need Answering
Of the four children, Helen is the only one to not receive a cent, and the one that the court has heaped the costs onto. What did Helen do to deserve the ire from her family?  Helen’s affidavits have asserted blame onto her conniving and cunning sister Mary.  Regardless, we must ask why the Mother’s Will was changed from leaving the estate to all four children to only Mary and Kathryn towards the end of her life.

Another important question that needs to be answered was what provision had the father made for the children especially considering his death predated the mother’s death, and that at the time of his death, divorce proceedings were underway.

The final outcome of the Trial and Appeal were especially strange considering Brother Paul suffered a severe disability due to a childhood accident.  Wouldn’t both or at least one of the parents want to leave a sizeable sum to Brother Paul to cover future employment problems and health care?

The most important question of all is why didn’t the Trial Court and Court of Appeal take these questions into consideration when making their decision?  Although Brother Paul was only named as an interested party in these proceedings, the facts surrounding his role within the family structure certainly clarify Helen’s assertions in her Affidavits.

4.  A Small Estate
Helen is by no means a greedy woman. She would have only received a comparatively small sum from the estate, but to her this small sum would have meant so much more.  It would mean a new life in private accommodation giving her a new start.  She could afford to buy some shoes and some nice clothes, some medical care, a car, update her computer, or even buy a caravan and travel the country.

However it wasn’t the money that motivated Helen to pursue her share of the small estate.  It was the principal of the matter that was the driving factor.  Due to the dysfunctional family relationships, she had an axe to grind and wanted to confront Mary about her behaviour towards herself and her brother.  According to Helen’s affidavits she has known Mary as a serial liar, beginning her quest for fame and glory by using her mother’s favour to get what she wanted, to the exclusion and detriment of her siblings.  Kathryn was known for taking sides that were the most beneficial for her.

As you will see, there are good reasons why Mary Gaudron does not like to dwell on the past and doesn’t like bad press, as reported in Pamela Burton’s unauthorised biography.

5.  A David and Goliath Battle
Helen Underwood, the little sister of Mary Gaudron is the epitome of the mythical David, the underdog. In legal terms Helen’s economic status is known as impecunious, meaning she is seriously disadvantaged.  Helen survives on a small pension and carer’s allowance for her much older ex-husband of $450 per week.  She was self-represented, is not a lawyer although she partially completed her law degree and is self-taught, being a forensic accountant by trade.  To make matters worse she had to travel from Brisbane to Sydney in New South Wales to conduct the lawsuit.

On top of that she had no immediate access to legal representation or legal aid, no immediate access to precedents in NSW using Austlii, having only her own research skills to depend on. To top that off, she was simultaneously confronted on a daily basis with the possibility of an eviction from her housing commission unit because she dared complain about the poor sanitation; having faeces (not hers) flood her unit because the Government failed to address the plumbing problems in the unit block.  She is still facing a possible eviction due to the three strikes and you’re out policy of the Queensland government.

In direct contrast Mary Gaudron is Goliath of a figure in legal circles and the history of Australia.  She receives a judicial pension of $6,000 per week plus entitlements which equates to over $312,000 annually.  We should all feel sorry for the former High Court Judge (she who cannot be named) who obviously cannot manage on her judicial pension and her property portfolio (Struggle Street, I think not!).

She owns the townhouse at Lilyfield, an inner Sydney Suburb valued at $900,000 plus; a Beach House property at Greater Mackeral Beach in Northern Sydney on the Newport peninsula with a minimum value of $750,000; two properties in the Loire Valley, France (no value disclosed), all the while being Director of Hefano Pty Ltd which owns/manages fifteen (15) units in Newtown, a unit at Elizabeth Bay, both inner Sydney Suburbs, up to here admitted to.  Her first husband just died.  A Google Search shows Juan Investments Pty Ltd owns/manages units, the number not known with a possible location in Neutral Bay, Newtown.  The net yearly property income for a singular person as employee is some $315,000 (also $6,000 per week).

That means the former High Court Judge, now retired, is on a weekly income somewhere in the vicinity of between $6000 and $12,000 per week.  That’s up to a whopping $624,000 per year.

To top it all off, the subject of bias cannot be avoided due to her sister’s special status in the legal community, being a former High Court judge, and being senior to the judges sitting in the Supreme Court of Appeal.  Mary Gaudron was a specialist expert in the field of succession law and family provision law, receiving the Sydney University Medal for Succession Law.

While Mary Gaudron is a protected species, having easy access to case precedents, and open access to corruption at its worst, Helen was resigned to use the light of truth, often calling on her strong belief in Archangel Michael to help see her through difficult times.  Helen said that the ordeal of the trial and appeal was a “… pressure cooker from start to finish … the sheer severity and serious disadvantage was hell”.

6.  The Two Page Will
The two page Will generated a 105 page judgement from the initial trial with a transcript of 129 pages, while the Appeal totalled 39 pages of transcript, with all submissions ignored, generating a Dismissal Judgement of just 37 pages. This alone makes one wonder how a two page Will could generate such a long judgement yet be so glibly dismissed on Appeal.  It doesn’t make sense for reasons that will be explored in further detail below.

7.  The Trial
Helen was prepared to run the case on her own, however the trial judge recommended Helen have legal representation, and the barrister assigned for her on a No Win No Fee basis was Therese Catanzariti. This is where Helen’s problems started.  Therese Catanzariti was incompetent and was infatuated by the Defendant, Mary Gaudron.

Barrister Therese Catanzariti failed to object to the Judge’s decision not to record a transcript; failed to read into evidence an important affidavit, and wouldn’t listen to her client’s directions.  Helen accused her of being unable to comprehend the English language.

8.  The Appeal
Helen found out that Ruth McColl was the original judge set down to hear the Appeal along with Basten J. and McFarlan J., however Ward J. was substituted for McColl J. at the last minute. Helen had previously found out, after speaking to a lawyer friend that McColl was ruthless, and that Basten J. was being put in the same position as Dyson Heydon, having to make a decision on his own previous decision, and that McFarlan J. was the thorough gentleman.

After doing some research on the internet, Helen found that McColl J. Had said this on Mary’s Wikipedia page:  “Former President of the New South Wales Bar, Ruth McColl, described Gaudron’s contribution to Australian law as “an extraordinarily humanising effect… the strong views she expresses in cases involving discrimination and like issues, are very influential and important in the development of the law in those areas.”  Helen immediately rang Karla in the Registry and told them she wasn’t happy with McColl J. and warned Registry that she would immediately put McColl on Notice. 

During the Appeal, the problems in the Lower Court were to be exasperated by the lack of acknowledgment of ‘apprehended’ bias that is the ‘appearance of’ not the ‘actuality of’ bias, whereby Helen was required to prove actual bias.  There was also a presumption of infallibility.

Whenever the name on the document “Mary Genevieve Gaudron” was viewed it would instantly summon an apprehension of bias by any hypothetical observer.  The trial judge’s instruction to court reporters to only record the orders on the day and not a transcript, therefore did not record the actual details before the court and the fact that an important affidavit was not read into evidence was evidence of protecting another Judge.  Helen also valiantly tried to get evidence admitted into the Appeal that was not in evidence at the time of the trial.

During the Appeal, the penny seemingly dropped for Ward J. that there were four different versions of the same Will, however they sought to trap Helen by putting incorrect words in her mouth.  The decision was initially reserved.

9.  Proof the Appeal Was Pre-Judged
Helen was so glad to have received what appeared like a fair trial; however a lawyer friend said to her that the appearance of a fair trial is a misnomer because “if they were inclined to not allow your appeal, it explains why you got such a good hearing. They often do that, if you are going to go down”.

Further the Judgement in favour of a Dismissal did not refer to the nineteen Acts and Rules Helen was referring to.  She used the case of Collette and Knox [2010] QSC 132 (unrep) McMeekin J, an unreported case in Queensland which does not appear in the references in the Judgement.  This is an extremely important case as it has become known as the “Collette Principal”, including Barrister Treston’s writings on “Succession: Emerging Issues”. The mere fact that these cases were not included in the references of the Dismissal of the Appeal proves the decision was written prior to the Appeal being heard.

10.  Criticism of Mary Gaudron on Wikipedia Backs up Helen and Paul’s Affidavits
Wikipedia states that at the time of her appointment to the High Court in 1987, the New South Wales legal magazine Justinian (magazine)published anonymous remarks saying that “a melancholy catalogue of sins of omission and commission … ” ought to have weighed against her appointment, and that she held “an emotional disposition inappropriate in a holder of judicial office.” When Gaudron announced her retirement, an anonymous academic said that … among the other High Court Justices, Gaudron was “erratic” and “certainly not among the court’s greats.” Another anonymous academic said that Gaudron’s Labor connections had delivered unearned promotion.

11.  Intention, Corruption and Bias
Gaudron hates her own sister so much Helen alleges she has had to resort to forgery, misappropriation, misrepresentation and maladministration to ensure that Helen was left destitute. Mary Gaudron took money from the estate for her own purposes in order to pay a private arrangement between herself and her brother Paul resulting from their father’s death in 1982.  Mary Gaudron loves her brother so much she tricked him into signing a form that stopped him from seeking any further monies from the estate.

Gaudron was so used to lying about her sister, she stooped lower than low by committing perjury, deception and misleading the Supreme Court NSW to pervert the course of justice and everything in-between to ensure her sister did not receive any money or property or even a memento whatsoever.  Gaudron hid their mother’s death intentionally and Helen was never to find out in time.  The family joined in by keeping the death hidden from Helen.  Gaudron resorted to the full length breadth and depths of legal mis-conduct (professional and unconscionable) in order to not notify Helen who was an interested litigant.  This barely “allowable” method of conduct would only have been known to her being a specialist expert in Succession Law and Family Provision Law,

Gaudron has relied on access to corruption at its worst.  She could not face loss of her public standing on merit and has to be the protected species by buddies in the judiciary.  Whatever happened to their judicial oath?

12.  Brother Paul Exposes Mary’s True Nature
Brother Paul’s Affidavit corroborates Helen’s contention that her sisters and extended family purposely kept the death of her mother from her. Mary’s true colours were exposed when Paul lost his leg in an accident as a young boy; his father advised him that he and his late mother did not seek compensation for his accident on advice from his sister Mary and her university lecturers.   At the same time Paul’s father promised that he would leave him the house and all his property, as his way of providing Paul with some form of compensation for the accident.  Not only did Mary prevent Paul from receiving any form of compensation to go towards medical expenses, she thought it fitting that $80,000, a mere fraction of her annual salary, was sufficient for his future medical expenses and care.

13.  Explosive Family Secret of Aboriginality Revealed
There were some explosive family secrets revealed such as her brother Paul, DNA tested, proved his aboriginality, and therefore there is a strong probability that Mary, Kathryn and Helen are also aboriginal. Paul admitted his aboriginality in an affidavit, stating that his many medical expenses are paid to him through the Australian Government Closing the Gap (CTG) programme.  This revelation has many contentious implications for the Mabo hearings.  Mary Gaudron’s biography would be inaccurate if it did not also record that she was also the first aboriginal to be appointed to the High Court.

In Helen’s Affidavit she stated “In the event the death or incapacity of one or both defendants prior to the conclusion of these proceedings order the verification of the family’s aboriginal bloodline by accessing documents held by Births, Deaths & Marriages New South Wales or elsewhere”.  Of course now she is still denied the ability to claim ‘next of kin’ status; not an executor/administrator or a beneficiary under her mother’s will, with the documents protected by the mother’s privacy.  Even though the case has been dismissed the bloodline will in time be verified as Helen does further research.

14.  Further Explosive Revelations of Attempted Strangulation
Helen’s affidavit further alleges that Mary attempted to strangle her to death when she was a Baby.

15.  Corruption Embedded in Mary Gaudron’s Career
Of course, we don’t believe for one minute that Mary Gaudron succeeded because of her determination. More than likely the real story is that the well-known ladies man, Robert J. Hawke, former Prime Minister of Australia (1983-1991) granted her a favour or two.  Did Gaudron open her legs to make the appointment stick?

If you are wondering why the case was dismissed, you need only look at Gaudron’s moral backbone of being a labor (read socialist/communist) sympathiser.  Looking at Gaudron’s and Michael Kirby’s connection when younger to the communist agenda, they obviously took the much more time honoured approach of patience, a feature of Fabian Socialism, rather than the raw brutality and police state approach of communism.  When I saw Michael Kirby at a legal dinner, he wore his gold symbol of the brotherhood loud and proud.  In fact it does seem odd does it not, that in a time of great discrimination against gays and women, that a gay man and a woman would succeed in gaining the highest and most respectful jobs in the land?

In the time of corruption in the Neville Wran and Joh Bjelke-Peterson governments, Gaudron was NSW Solicitor General.  She was friends with a number of people of bad character such as Lionel Murphy, a disgraced former High Court Judge; Norman Thomas William Allan(­Chief Commissioner of police NSW 1962-1972)  and Sir Robert William Askin (32nd Premier of New South Wales 1965-1975).  There were many people that joined the divide between Queensland and New South Wales.  In the corruption scandal that engulfed the government of Joh Bjelke Peterson and the Wran Government, it is not too far-fetched to say that Mary Gaudron had an interest in keeping the lid on information getting out to the public, because she was directly involved.  Could this be the reason she advised the Wran Government that any member of the police be provided with disincentives to block them from coming forward with further information in regard to the Age Tapes.  There can be no doubt that Gaudron’s advice helped protect her Labor “mates” including Lionel Murphy.

Sir Robert ASKIN (premier of NSW) and Norman Thomas William Allan 1967 (Police Commissioner NSW) and Shirley Margaret Brifman were involved in the Fitzgerald Inquiry in Qld

Wikipedia states that the allegations of corruption against Askin were revived in 2008 when Alan Saffron, the son of the late Sydney crime boss Abe Saffron, published a biography of his father in which he alleged that Saffron had paid bribes to major public officials including Askin, former police commissioner Norman Allan, and other leading figures whom he claimed he could not name because they were still alive. Alan Saffron alleged that his father made payments of between $5000 and $10,000 per week to both men over many years that Askin and Allan both visited Saffron’s office on several occasions that Allan also visited the Saffron family home, and that Abe Saffron paid for an all-expenses overseas trip for Allan and a young female ‘friend’. He also alleged that, later in Askin’s premiership, Abe Saffron became the “bagman” for Sydney’s illegal liquor and prostitution rackets and most illegal gambling activities, collecting payoffs that were then passed to Askin, Allan and others, in return for which his father was completely protected.”

The young female friend could have been the prostitute Shirley Margaret Brifman who was on Askin’s and Allen’s payroll at the time.  Brifman, 35, was supposedly found dead by her teenage daughter Mary Anne and supposedly ended her life in her Brisbane safe house on March 4, 1972, after fleeing Sydney.  Police declared a suspected drug overdose, and did not order an autopsy, however in one article it was stated that the daughter claimed that it was not a drug overdose as a person had visited that night and threatened her mother, and in another article the daughter said her mother was overdosing all the time, and still in another article that a woman who visited Brifman handed her a vial of drugs, telling Brifman to end her life or her children would be targeted.

Brifman was due to be the chief witness against a senior Queensland detective in a perjury case.  Brifman had been paying graft to corrupt police since the late 1950s, and in 1971 had gone on national television and blown the whistle on officers in both Queensland and NSW.  It is believed Shirley Brifman was murdered because she had arranged a live interview with the ABC to blow the whistle on Askin and Allen.

The plot thickens when Helen alleges that at the time of Shirley Margaret Brifman’s murder, Mary Gaudron also lived in the same apartment complex in Elizabeth Bay which was her family home.  Helen said that she thought Brifman was shot in the Elizabeth Bay unit, and she never knew anything about her fleeing to Clayfield, Brisbane, which is the story currently circulating in newspapers.  Considering the file on Brifman was supposedly destroyed and there was a gag order placed on the file contents for up to sixty years, it is clear that there has been a monumental cover-up concerning Shirley Margaret Brifman’s murder.

16.  Losing the Battle to Win the War
In another similar David and Goliath story of the McLibel case in the UK, McDonalds won its court case against some activists, but lost the war of public opinion.  While Mary Gaudron may have won the battle over the Will, moral activists can win the war of public opinion, so if you like this story, please make it go viral to force this story be covered on mainstream media.

COUNTDOWN TO THE APPEAL AGAINST MARY GENEVIEVE GAUDRON FORMER HIGH COURT JUDGE

The countdown is on for the public to get a rare glimpse of the former High Court Judge, Mary Genevieve Gaudron’s life, as she sits in the courtroom as a defendant against her sister Helen Underwood, in an Appeal on a family provision matter, bringing insight into the private family saga that served as the backdrop to a political era that defined the Nation.

The whole sorry state of affairs, which concerns a small estate and an alleged two page Will written by their mother, has generated a judgement in excess of one hundred pages. The Plaintiff, Mary Gaudron’s sister, now known as Helen Underwood changed her name so as to not be identified with her sister, lives off a meager pension and has housing assistance.  Helen will be representing herself against not only a former high court judge, but someone who was awarded a University of Sydney Medal for Law for her work in Estate Law.

An interesting fact that identifies why Mary Genevieve Gaudron rose to such high ranks in the law was because she had an eidetic or photographic memory, and this by itself does not mean she has handed down law using any common sense or wisdom, or indeed morals.  However, Mary Gaudron’s rise to the esteemed heights of the first woman to sit on the High Court Bench, means that she is considered a veritable “god” by many in the field of law who look up to her and hold her in the highest regard, including the Judges, the Registrars and all the underling Barristers.  It is therefore unlikely that her sister, Helen Underwood, will be afforded a fair appeal hearing or judgement unless the public can fill the courtroom with concerned Australians to bear witness and hold the court to account. How can there be a fair trial or appeal when the painted image of the defendant hangs in the court itself?  No Judge who hears the matter comes with clean hands and without ingrained bias.

Interestingly the Sydney Morning Herald’s journalist Louise Hall wrote on July 28th 2014 that “… Mary Gaudron was a judge in the highest court in Australia, sitting on landmark cases such as Mabo and Wik … earning a reputation as a passionate advocate for equality and human rights”.  However Mary Gaudron’s raw emotional display of hatred for her sister thus far contradicts any supposed display of advocacy for equality and human rights When Mary Gaudron is kept on a high paid judicial pension with fringe benefits, she has shown by her actions she does not have an equitable bone in her body.  Mary Gaudron’s actions have shown that she has taken great delight in the fact that her sister cannot afford medical care or a decent pair of shoes.  It is indeed unfortunate that the Sydney Morning Herald coldly disregards her sister’s plight of being poor, over the joyous reporting that the former High Court Judge won the initial trial.  That the journalist Louise Hall cannot see anything wrong with suffering and inequity is a blight on the moral landscape.  Shame, shame, shame.

Perhaps this post might inspire Mary Gaudron to reconsider and settle with her sister thereby avoiding a return to court.

Otherwise you can be assured that after the Appeal, and a judgement has been handed down, that there will be a lengthy article followed up by a expose and a tell-all book that will be a fitting final chapter to Pam Burton’s book about Mary Gaudron, “From Moree to Mabo:  The Mary Gaudron Story”

 

Invitation:
The public is invited to attend the Supreme Court Sydney in the hearing of Helen Underwood and Mary Genevieve Gaudron (former High Court Judge) and her sister, Kathryn Theresa Gaudron on Tuesday 25th August 2015 at 10.15am.  

Countdown to the Appeal:  0 days to go.

Publication of this appeal is deliberately being kept from the public in the mainstream media.  Infact,  “She,  who cannot be named” has perhaps through influence and favours, hijacked the last post of this blog which advised the public of the upcoming appeal, with those words suspiciously missing from google searches.  This repost attempts to remedy that matter.

UPDATE:  The Decision was reserved and is expected to be handed down on the morning of Tuesday 8th September 2015.  An in-depth article will be posted soon after the decision.

APPEAL AGAINST MARY GENEVIEVE GAUDRON FORMER HIGH COURT JUDGE SET FOR HEARING IN SUPREME COURT SYDNEY

The public is invited to attend the Supreme Court Sydney in the hearing of Helen Underwood and Mary Genevieve Gaudron (former High Court Judge) and her sister, Kathryn Theresa Gaudron on Tuesday 25th August 2015 at 10.15am.  This is an Appeal in a Family Provision matter and promises to be interesting to say the least.  Publication of this appeal is deliberately being kept from the public in the mainstream media.

Coming Referendum Fails Constitutional Rules

Queensland Government Treasury Buildings, Quee...

Queensland Government Treasury Buildings, Queen Street, Brisbane, ca.1907 (Photo credit: State Library of Queensland, Australia)

The coming referendum has failed the Constitutional Rules, and the State Governments and Federal Parliament have already not adhered to its conventions.  The Australian Constitution has been changed illegally over a hundred times without Referendum by various governments who just ignore it’s directions in how government should be run.  For instance, the Gonski plan for Education is an utter farce as the Federal Government has no rights to impose a national curriculum on States.  It sounds good in theory, however a National curriculum sets the boundaries for what can be taught in schools that are funded by the government.

The subject of history is particularly problematic, given that lies told often enough, become truth, and our young are led astray, as their whole world view becomes skewed.  Take for example the fact that schools used to teach that Australia was “settled”, but now the High Court has declared in a historic decision, that Australia was not settled, but was rather “invaded”. Simple enough declaration, but this hidden history also hid the genocide that was carried out in the name of the imperialist seeking Crown.

Another problem in our schools is that schooling is focused on “industry” which is short-lived, especially technology.   A classical education teaches literature (not English), classical art and music and critical thinking by using logic among other subjects.  There consists a communist conspiracy to dumb down our children which started after WWII, picking up the pace as each decade progressed.

In essence, the Gonski Funding plan is a red herring because improving education starts with what is considered “education” not the funding of such.  Children could receive as good an education in a park, but its nice to have a roof incase it rains, and technology as an aid to learning.  To read a free e-book called the ‘Dumbing Down of America’ by Charlotte Iserbyt, see the link in the side bar under Free E-books.

However, back to the Referendum, below is a copy of a letter I received which was sent to Senator Smith by Mr G. (Gerrit) H. Schorel-Hlavka O.W.B., where he asks why they are even bothering to ask people?  It is of course another trick question, which is to allow bigger government which means more and more and more taxes, until Australians wake up enough to march in the streets.

Break your trance, wake up and smell the tyranny.

_________________________________________________________________________

Email sent to:  senator.smith@aph.gov.au

Dear Senator Smith,

I am a CONSTITUTIONALIST, and have grave concerns about the coming referendum (re s96), and the misleading details provided about it.

As a retired Professional Advocate I view that any debate about the legal consequences of a s96 amendment must be FAIR and PROPER.

In my view, to amend s96 would be dissasterous. I would undermine the very principles embedded in the constitution.

 Hansard 17-3-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON.- When we consider how vast the importance is that every word of the Constitution should be correct, that every clause should fit into every other clause; when we consider the great amount of time, trouble, and expense it would take to make any alteration, and that, if we have not made our intentions clear, we shall undoubtedly have laid the foundation of lawsuits of a most extensive nature, which will harass the people of United Australia and create dissatisfaction with our work, it must be evident that too much care has not been exercised.  END QUOTE

.Hansard 8-2-1898 Constitution Convention Debates
QUOTE:  Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is I think correct in the history of this clause that he has given, and this is [start page 672] one of those instances which should make us very careful of following too slavishly the provisions of the United States Constitution, or any other Constitution. No doubt in putting together the draft of this Bill, those who were responsible for doing so used the material they found in every Constitution before it, and probably they felt that they would be incurring a great deal of responsibility in leaving out provisions which might be in the least degree applicable. But it is for us to consider, looking at the history and reasons for these provisions in the Constitution of the United States, whether they are in any way applicable; and I quite agree with my honorable and learned friend (Mr. Carruthers) that we should be very careful of every word that we put in this Constitution, and that we should have no word in it which we do not see some reason for. Because there can be no question that in time to come, when this Constitution has to be interpreted, every word will be weighed and an interpretation given to it; and by the use now of what I may describe as idle words which we have no use for, we may be giving a direction to the Constitution which none of us now contemplate. Therefore, it is incumbent upon us to see that there is some reason for every clause and every word that goes into this Constitution.  END QUOTE

.I would also urge you to pursdue the s101 Inter-State Commission, which the Framers of the Constitution held should always be in place. It means that the Inter-State Commission and not a political minded government would be dealing with funding to what may be in the interest of each State,

.Hansard 1-3-1898 Constitution Convention Debates
QUOTE:  Mr. WISE.If the Federal Parliament chose to legislate upon, say, the education question-and the Constitution gives it no power to legislate in regard to that question-the Ministers for the time being in each state might say-“We are favorable to this law, because we shall get £100,000 a year, or so much a year, from the Federal Government as a subsidy for our schools,” and thus they might wink at a violation of the Constitution, while no one could complain. If this is to be allowed, why should we have these elaborate provisions for the amendment of the Constitution? Why should we not say that the Constitution may be amended in any way that the Ministries of the several colonies may unanimously agree? Why have this provision for a referendum? Why consult the people at all? Why not leave this matter to the Ministers of the day? But the proposal has a more serious aspect, and for that reason only I will ask permission to occupy a few minutes in discussing it.  END QUOTE

This too indicates that Education is a State matter and Commonwealth fuinding cannot be used to interfere and undermine State authority as to education as now is being done.

The (federal) constitution, in which the States in s106 are created, has a principle of separation of powers between the legislators, the executive and the judiciary. Municipal councils clearly have no such doctrine within themselves.

The Framers of the Constitution referred to the “State Government” as being the “Local Government“, and the “Federal Government” being the “central government”. It begs the question; How can “municipal councils” be a “local government” when the State Governments, that is constitutionally, already are their “local governments”?

Also, if “municipal councils” are corporations in some States and in NSW and Queensland now (since 2012) part of the Crown, then how can one elect councils for a State Department, as councils are once they become part of the Crown?

Also, consider the wage and other cost explosions once councillors take the position that they are entitled as Members of Parliament(s), for the same remunerations, perks, etc?

As you are a Senator to represent State interest, I look forwards to hear from you.

This email is very limited in context because it may turn you off if I sent a large volume, but my blog http://www.scrib.com/inspectorrikati has numnerous documents regarding constitutional issues.

For the record, I defeated on 19 July 2006, in the County Court of Victoria, the Commonwealth as to compulsory voting as the Framers of the Constitution held that registration and compulsory voting legislative powers should not be given to the Commonwealth.

 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) 
QUOTE Mr. ISAACS.-We want a people’s Constitution, not a lawyers’ Constitution.END QUOTE

Lawyers tend to misinterpret what the true meaning and application of the constitution is about.

Gerrit

Mr G. (Gerrit) H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL®

Blog (constitutional issues) http://www.scribd.com/inspectorrikati
Website: http://www.schorel-hlavka.com

URGENT – SUBMISSIONS ON LOCAL GOVERNMENT RECOGNITION CLOSE 15 FEBRUARY 2013

English: Picture of Colin Barnett, Premier of ...

English: Picture of Colin Barnett, Premier of Western Australia and leader of the Western Australian Parliamentary Liberal Party. (Photo credit: Wikipedia)

——– Original Message ——–

Subject: URGENT – SUBMISSIONS LOCAL GOV. RECOGNITION CLOSE – 15FEB 2013 Date: Sat, 2 Feb 2013 12:21:27 +0800
From: Donna Aussie <fedupmandate@

To: undisclosed-recipients:;

Please everyone, put your submissions in with regards to local government recognition in constitution. Some of the submissions state Australian Constitution and not the Commonwealth of Australia Constitution Act.

I have attached the submission from Colin Barnett. Something is going on it WA. The federal government does not have his support. Maybe he already knows this will wipe out state government in preference for local government.

Do you know about this Committee?

Joint Select Committee on Constitutional Recognition of Local Government

On 1 November 2012 the Parliament of Australia established a Joint Select Committee to inquire into and report on the majority finding (financial recognition) of the Expert Panel on Constitutional Recognition of Local Government including by amending section 96 of the Australian Constitution.

The Committee may report from time to time but it has been asked to present a preliminary report no later than December 2012 if possible; and directed to present a final report no later than February 2013.

The Final Report from the Expert Panel on Constitutional Recognition of Local Government can be accessed by clicking on the link Expert Panel on Constitutional Recognition of Local Government. Public submissions to the Expert Panel are available to the Committee for the purposes of this inquiry.

The Committee invites interested persons and organisations to make submissions addressing the terms of reference by Friday 15 February 2013.

_______________________________________________________________________

Section 96. The Constitution of the Commonwealth of Australia.

“During a period of ten years after the establishment of the Commonwealth and thereafter until Parliament otherwise provides, Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit”.

_________________________________________________________________________

—– Original Message —–
From: healthachievers –
To: jsclg@aph.gov.au
Sent: Wednesday, January 30, 2013 4:53 PM

Subject: Further: URGENT: 2nd PUBLIC HEARING 20FEB2013 – SUBMISSIONS LOCAL GOV. RECOGNITION CLOSE – 15FEB 2013 /

Attenton: jsclg

It is with regret that I was not aware – by any Media that on 01Nov2012 that the Commonwealth Government established as per below. I note as at yesterday morning on the website “Parliament of Australia”…, a 2nd Public Hearing will take place on:

Wednesday, 20 February 2013
9.00am and 5.00pm –
Macquarie Room,
Parliament House,
New South Wales.

I will strictly make an effort to listen to the Television News, ABC in particular- (I do not buy newspapers) as to whether I will hear abut the 2nd public hearing in February.

Todate, I have asked at least 20 of my friends, and not one person was aware. Therefore, I kindly request that the Submission date of 15 February, 2013 be extended. I know that it can be done. The Northern Territory Intervention Submission date was extended.

Thanking you, and have a good day.

Marg

_______________________________________________________________________

 IMPORTANT TO READ THE TRANSCRIPT AS DETAILED BELOW AS WE MISSED OUT ON THE PUBLIC HEARING.

BUT HAVE TIME TO PRESENT OUR “SUBMISSIONS”: Please circulate

 http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/index.htm

01Nov12 Parliament of Australia established a Joint Select Committee to Inquire and report on the majority finding (financial recognition) of the Expert Panel on Constitutional Recognition of Local Government including by amending sect 96 of the Australia Constitution.

Submissions due by Friday, 15 February 2013

Submissions Received todate:

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/localgovt/subs.htm

ONLY ONE ‘PUBLIC HEARING’ IN SYDNEY ON 16 January 2013 – Did you know about it?????????????????????????????

To Read the Transcript – Click into “Public Hearing”, then to left of screen: ADOBE PD File – this is the Transcript folks!!!!!!

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsclg/localgovt/hearings.htm

Enjoy the read, and ensure to read some of the submissions by councils and associations.

_________________________________________________________________________

Dear Reader

The attached files give you an avenue of interpretation regarding the invalidity of the State government in Victoria, and in other States where the so called Parliament rely upon section 51(xxxviii).

Constitutional Powers Act (1980) Victoria
Section 51

Any questions please forward those questions through the CLRG email and they will answered asap.

Regards
Darryl