1

Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:

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16-5-2016

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
The Registrar , registry.ballarat@countycourt.vic.gov.au

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Mr Garry McIntosh, Associate to His Honour Mullaly J. judgemullaly.chambers@countycourt.vic.gov.au

Associate to Her Honour Hannan J. judgehannan.chambers@countycourt.vic.gov.au
Ref; 20160516-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- -Re APPEAL-15-2502 Re service-etc

Sir/Madam,
You may be aware that in your 27November 2015 correspondence you stated:
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25

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QUOTE
Please find enclosed by way of service, amended Form 11 to accompany the Full Brief which due to an
administrative error had an incorrect hearing date and court venue.
END QUOTE
QUOTE
From: Hannah.Feeney@countycourt.vic.gov.au [mailto:Hannah.Feeney@countycourt.vic.gov.au]
On Behalf Of crim.reg@countycourt.vic.gov.au
Sent: Friday, 27 November 2015 3:44 PM
To: Rebecca Orpwood
Subject: Re: Schorel-Hlavka v Buloke Shire Council - County Court Notice of Appeal - AP-15-2502
Hi Rebecca,

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Elliot Stafford Associates are not currently listed as the acting solicitors for this matter
Please complete the attached form and email to crim.reg@countycourty.vic.gov.au and resend
your request for a copy of the Orders. We will then be able to action your request.

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Kind regards,

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Criminal Registry
County Court of Victoria
250 William Street Melbourne 3000
DX 290078 Melbourne
+61 (03) 8636 6570
crim.reg@countycourt.vic.gov.au www.countycourt.vic.gov.au
END QUOTE

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QUOTE

ee attachment 20151128-SchorelHlavka O.W.B. to ES&a Your ref LA-05p1

16-5-2016
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

2
06-Re Buloke Shire Council -Re
APPEAL-15-2502-'brief'-etc-OBJECTION
TO SERVICE-Supplement-01

From

Mr G. H. Schorel-Hlavka O.W.B.

To

lawyers@elliottstafford.com.au

Cc

admin@inspector-rikati.com
, judgemullaly.chambers@countycourt.vic.gov.au
buloke@buloke.vic.gov.au
, daniel.andrews@parliament.vic.gov.au
,
martin.pakula@parliament.vic.gov.au
, attorney-general@justice.vic.gov.au

Reply-To

admin@inspector-rikati.com

Date

2015-11-27 14:14

20151128-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire Council -Re
APPEAL-15-2502-'brief'-etc-OBJECTION TO SERVICE-Supplement-01.pdf

28-11-2015

Elliott Stafford and Associated

lawyers@elliottstafford.com.au

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Cc:

Mr Garry McIntosh, Associate to His Honour Mullaly J.

judgemullaly.chambers@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

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Ref; 20151128-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire Council
Re APPEAL-15-2502-'brief'-etc-OBJECTION TO SERVICE-Supplement-01

Sir/Madam,
see attachment 20151128-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire Council
-Re APPEAL-15-2502-'brief'-etc-OBJECTION TO SERVICE-Supplement-01

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--

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Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia
Author of INSPECTOR-RIKATI books on certain constitutional and other legal
issues.

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THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED

END QUOTE
As I outlined in the attached correspondence:

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QUOTE Criminal Procedure Act 2009

40How full brief must be served

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(1) A full brief must be served personally on the accused in accordance with section 339 unless the
informant is satisfied that ordinary service is appropriate in all the circumstances.
END QUOTE Criminal Procedure Act 2009

p2
16-5-2016
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

3
Such personal service never eventuated, besides it was out of time and no Application for Leave
to serve out of time was applied for nor granted.

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It became further complicated that the court at Friday, 27 November 2015 3:44 PM informed you
that your firm was not listed as being the legal representatives. And as I understand it the Court
upon the filing of a Notice of Appearance shall (8.05) seal a copy to be served upon me. This
never to my knowledge eventuated on Friday 27-11-2015. Consider also the Rules regarding;
Time for taking any steps, doing any act
This means that without a Notice of Appearance having been filed and your firm not listed as the
legal representatives then any purported service on 25 November 2015 of any full Brief was
invalid for this also.
QUOTE

Buloke Shire Council ATS SchorelHlavka

From

Bree Caton

To

gerrit@inspector-rikati.com

Date

2015-11-25 15:11

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DOC251115-251115144530.pdf

Dear Mr Schorel-Hlavka
Please find attached a copy of todays correspondence, this has also been sent via post.

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Regards,

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Bree Caton | Legal Assistant

Elliott Stafford & Associates | 316A Queens Parade, Clifton Hill
t: (03) 9486 7555 | f: (03) 9486 6444 | e: bree@elliottstafford.com.au
END QUOTE

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This email from Bree of 25 November 2015 included a purported 22 November 2015 Full
Brief, but as your firm (so neither you) were listed as the legal representatives of Buloke Shire
Council I hold the view no service of any documents could be affected.
It also means that even if you had filed the Notice of Appearance on 27 November 2015 after the
email was forwarded by the court, the failure to serve such a sealed copy and so without leave
being granted to do so it was and remained invalid.
Further, even if somehow a judge of the court had ex party granted such leave, albeit not known
to me this actually eventuated, then still the 25 November 2015 purported (out of time) service of
the incorrect Full Brief for this also would be invalid.
It means that even if, not that I seek to indicate it was) the Full Brief had been correctly served
(by unknown to me) leave granted by the court the failure to serve it after a sealed Notice of
Appearance before serving a Full Brief means that no service was possible. It therefore is that
no service could have been deemed to have existed.
Moreover, a document must be served with the Form 11 and you cannot rely upon a purported
document having been allegedly served on 25 November 2015 where your firm was not even
listed as the legal representatives of Buloke Shire Council in the proceeding.
As such in my view the proper conduct would have been to serve a sealed copy of the Notice
of Appearance is so leave to file and serve out of time was granted by a judge (A Registrar
cannot do so as he is not even an Officer of the Court) but merely a public servant, and after this
service then a Full Brief had been served again with leave granted by the court to serve out of
time and amending the orders of His Honour Mullaly J of 30 October 2015 to extend the terms
p3
16-5-2016
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

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from 9 November 2015 to what the judge held was appropriate, albeit giving me an opportunity
to oppose such extension for both the filing and serving of the out of time Notice of Appearance
as well as the service of out of time of the Full Brief.
.
One I posted documents but the Full Court held that because the documentation arrived via
Australia Post one day too late then the appeal had to be struck out. The fact that Denning L.J.
in Entores Ltd v. Miles Far East Corporation [1955] 2 Q.B. 327. had stated that postal
authorities represented both parties the sender and receiver was not in consideration by the court.
Well, we are not now referring to one day but ongoing failures to act appropriately as if this is
the modus operandi of your firm.

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Rule 2.06 Practitioner to notify that he or she acts

(1) If a practitioner is engaged to act on behalf of an appellant or respondent, the practitioner
shall without delay notify the Registrar in writing that he or she so acts and furnish an
address for service.

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As the court prescribe by its rules the filing and service of a Notice of Appearance, then where
this still had not eventuated by 4.33pm on Friday 27 November 2015 then I view considering the
appeal having been lodged in October, no stretch of imagination could hold that shall without
delay is taking more than a month, in fact since the filing of the Notice of appeal on 8 October
2015 was at least 7 weeks!
Also, I understand that failure to file and serve a Notice of Appearance provides that cost can be
ordered against the person failing to do so. (Rule 8.05(4))
There has been a myriad of problems by your law firm and yet no attempt was made as to try to
even obtain court orders for leave. To me this is of concern because as much as if I failed to
comply with the myriad of Rules/regulations and any other legal provisions then I view no court
could permit lawyers not to do so.
As a senior citizen I had to occupy a huge amount of time to research legality and now forced to
attend a hearing at Ballarat which could all have been avoided in my view had your firm acted in
a competent manner.
In my view indemnity payment is but one issue that I view the court needs to consider. This has
been a conduct in the absurdity by your firm of lawyers and I view people should be protected
against this kind of modus operandi of misusing and abusing legal processes/proceedings.
This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response,

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

MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

p4
16-5-2016
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