-

WITHOUT PREJUDICE
Senior Member Ms Preuss vcat@vcat.vic.gov.au 11-1-2010
5
Cc; * Mr & Mrs Colosimo, 72 Shuter Avenue, Greendale, Vic 3341 francesco.c@live.com.au
* Mr Lindsay M Vowels Phd FAPS MAPA aeiou@netspace.net.au
* Maddocks (for Moorabool Shire Council) (Ref MYM:KJM:5285015
Email Annie.Bird@maddocks.com.au
10 * Deputy Registrar Ashe Whitaker VCAT – Guardian List) vcat@vcat.vic.gov.au
* Mr Brendan Hoysted brendan.hoysted@justice.vic.gov.au
* Mr. Peter Sier, Peter.sier@statetrustees.com.au
* Moorabool Shire Council Councillors info@moorabool.vic.gov.au
Cr Michael Tidball (mayor) mtudball@moorabool.vic.gov.au
15 Cr Allan Comrie Cr Pat Griffin
Cr Russell Hendry Cr Philip Flack Cr Tom Sullivan Cr Pat Toohey

Ref; G54449/00 (including V2/2007 & P194/2007 and other related proceedings) Mr Francis
James Colosimo Re Ms Preuss – Dates -disqualification - etc.
20 .
. Ms Preuss – Dates - disqualification- etc
Madam,
further to my previous correspondences I provide the following;
.
25 QUOTE 14-12-2009 correspondence
While VCAT may have legislative provisions that it is not always bound to follow certain
legal procedures nevertheless it is essential that it provides for NATURAL JUSTICE, and
this I view it has denied for a long time.
QUOTE 14-12-2009 correspondence
30 .
I received a NOTICE OF REHEARING
QUOTE
Date of notice: 29 December 2009
END QUOTE
35 And
QUOTE
Date: 01 February 2010
Time: 09:30 AM
Venue: Ground Floor
40 55 King Street
Melbourne

Proceedings initiated by: Brendan Hoysted

END QUOTE
45 .
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 I received at the same time another notice stating
QUOTE
Date of notice: 29 December 2009
END QUOTE
5 And
QUOTE
Date: 02 February 2010
Time: 09:30 AM
Venue: Ground Floor
10 55 King Street
Melbourne

Proceedings initiated by: Brendan Hoysted

END QUOTE
15 .
For the record Brendan Hoysted being the Duty Officer of the Officer of the Public Advocate.
.
It must be noted that therefore there are two hearing schedules one for 1 February 2010 and one
for 2 February 2010 and both being initiated by Brendan Hoysted Duty Officer of the Office of
20 the Public Advocate.
Due to the 2 February 2010
.
Considering that I recall that on 22 October 2009 you made a ruling that the medical evidence
relied upon by Brendan Hoysted with his original application, now subject to a review, did not
25 support a continuation of the Administration orders and no list of witnesses has been filed by 14
December 2009 as directed by you having to be done then clearly no supportive evidence, at
least known to me and also Mr Francis James Colosimo has been left in support of the original
application. It therefore seems to me absolutely madness that VCAT even contemplates to
continue this vexatious kind of litigation let alone schedules two hearings on subsequent days
30 and notably so issue them on the same day (29 December 2009) as if by lack of holding hearings
then has nothing better to do then to pester people to attend to vexatious and harassing hearings.
.
Can VCAT not even manage simply things such as scheduling a hearing in a proper manner?
.
35 Because of the second notice for 2 February 2010 my 77 year old wife had no alternative but to
re-schedule her 2 February 2010 medical appointment to 3 February 2010 as she doesn’t want
Mr Francis James Colosimo so to say be left on his own to the vultures. The issue is that this
nonsense has to stop!
.
40 You made a ruling that there was no evidence by the applicant to be relied upon and neither did
he (Brendan Hoysted) file any list of witnesses he relied upon and as such there is simply nothing
to support his original application.
.
.
45 QUOTE Main v. Thiboutot, 100 S. Ct. 2502 (1980).
The law provides that once State and Federal jurisdiction has been challenged, it
must be proven.
END QUOTE
.
50 QUOTE Hagens v. Lavine, 415 U.S. 533,
Once jurisdiction is challenged, it must be proven
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 END QUOTE
.
QUOTE Standard v. Olsen, 74 S. Ct. 768,
No sanctions can be imposed absent proof of jurisdiction.
5 END QUOTE
.
QUOTE Basso v. Utah Power & Light Co., 495 2nd 906 at 910,
Jurisdiction can be challenged at any time, even on final determination.
END QUOTE
10 .
QUOTE Thompson v. Tolmie, 2 Pet. 157, 7 L.Ed. 381; Griffith v. Frazier, 8 Cr. 9, 3L. Ed. 471.
Where there is absence of jurisdiction, all administrative and judicial
proceedings are a nullity and confer no right, offer no protection, and
afford no justification, and may be rejected upon direct collateral attack.
15 END QUOTE
.
To me it appears you are acting maliciously against Mr Francis James Colosimo and so without
jurisdiction as you failed time and time again to appropriately dispose of the OBJECTION TO
JURISDICTION and as such never in the first place invoked jurisdiction and I view you should
20 immediately disqualify yourself from further proceedings as I view you are totally incompetent
to provide FAIR and PROPER hearings for Mr Francis James Colosimo.
.
Hansard 1-3-1898 Constitution Convention Debates
QUOTE Sir JOHN DOWNER.-
25 I think we might, on the attempt to found this great Commonwealth, just advance one
step, not beyond the substance of the legislation, but beyond the form of the
legislation, of the different colonies, and say that there shall be embedded in the
Constitution the righteous principle that the Ministers of the Crown and their officials
shall be liable for any arbitrary act or wrong they may do, in the same way as any
30 private person would be.
END QUOTE
.
Let’s also consider:
Dimes v. Proprietors of the Grand Junction Canal (1852) 3 II,L.C. 759
35 QUOTE
The fundamental rule of English (Australian) law is that "No man can be a judge in
his own case". It has long been held that if there is bias or the appearance of bias
such as to deny justice or create the impression that justice has not been done, then
that bias, or apparent bias, is sufficient to invalidate the decision of those who made
40 the decision.
END QUOTE
Reg v. The London County Council (1894) XI .L.R. 24
Sharp v. Carey (1897) 23 V.L.R. 248 Austin Digest 17.
Reg. v. Moleswort (1893) 23 V.L.R. 582 Austin Digest 17.
45 Black v. Black (1951) N.Z.L.R. 723
Ex Parte Blume (1958) W.N. (N.S.W.) 411Austin Digest 93,339,457,458
.
Marriage of Baines (No. 2) (1981) 7 Fam LR 232 at 237;-
QUOTE
50 We recognise that each party is entitled to a Fair and Proper trial and to an
adequate opportunity to adduce relevant evidence and to test the quality and
veracity of the evidence adduced by the other party.
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 END QUOTE
.
It should be clear that Mr Francis James Colosimo is but being subjected to legal harassment
with ongoing vexatious hearings authorised by you even so you never invoked jurisdiction and as
5 such I view you have a case to answer were Mr Francis James Colosimo personally sue you as
you would have no protection of your office as you ousted such protection when failing to
appropriately deal with the OBJECTION TO JURISDICTION way back on 27 January 2009!
.
As far as Mr Francis James Colosimo is concerned there is no case as he is not known of any
10 evidence against him and no list of witnesses was filed (as you directed on 22 October 20109) by
Brendan Hoysted or for that by anyone else to call witnesses and as such why continue this absue
litigation against Mr Francis James Colosimo where you are aware or should be aware he already
has heart problems which are understood to be related to the litigation.
.
15 Don’t you have no shame to, as I view it to be, terrorise Mr Francis James Colosimo ongoing
with the vexatious litigation? Is this the modus operandi VCAT works with so perhaps lawyers
otherwise unable to earn a living can keep themselves employed?
.
In my view this is an utter scandalous conduct and you should disqualify yourself at the very
20 least immediately of any proceedings involving Mr Francis James Colosimo.
In case they never taught you in during your formative legal studies how litigation is to be
conducted let make it very clear that there are ample of Authorities on record outlining what is
required and above are but merely a few quoted. Try to educate yourself as to the meaning of
“DUE PROCESS OF LAW”
25 .
I urge you to ensure that both hearing dates are cancelled and VCAT stop this vexatious litigation
against Mr Francis James Colosimo forthwith and notify him that the Administration orders are
set aside and no further hearings are pursued! Again, stop the vexatious litigation against Mr
Francis James Colosimo!
30 .
This correspondence is not intended and neither must be perceived to set out all relevant matters!
.

MAY JUSTICE ALWAYS PREVAIL®

.

35 Awaiting your response, G. H. Schorel-Hlavka

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