Page 1

Mr Garry McIntosh, Associate to His Honour Mullaly J.

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

11-5-2016

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
Re: 20160511-Schorel-Hlavka O.W.B. to Associate Mr Garry McIntosh to His Honour Mullaly J CCV-Re APPEAL-15-2502
-Re Vacating hearing date

Sir,

I have absolutely no doubt that so to say the rules of the court and so its legal provisions are
thrown out of the window as to pervert the course of justice to suit Buloke Shire Council and it
lawyers, but then again one has to be aware that I do publish matters on the internet and not I but
the court by this itself undermines the credibility (for so far there is any left) in the judiciary.
The was clearly, as I reported in my past writings a blatant disregard and failure to the orders by
His Honour Mullaly J on 30 October 2015 for Buloke Shire Council to serve by no later than 9
November 2015 via Australia Post the brief I had requested for. This never eventuated neither
did Buloke Shire Council provide a valid Notice of Appearance in the time allocated by the rules
of the court/ legislation and yet, ordinary when an unrepresented party does such conduct the
court will hold a special hearing as to determine what, if anything should be done to address this.
Now I find that the Court blatantly disregarded this and as such becomes a party to the violation
of the court rules/legal provisions. A judge of a court is an OFFICER OF THE COURT and is
not the court itself, hence, a judge and any associate who permits the courts to be misused and
abuses again by this become a party to the misuse/abuse of the legal processes.
As I stated in my 10-5-2016 correspondence:
QUOTE

No valid Notice of Appearance and/or brief was served upon me either!

Any attendance by me to the Court is not intended and neither must be perceived to indicate I
accept the courts jurisdiction, as I maintain my OBJECTION TO JURISDICTION.
END QUOTE

I maintain the same, but what should be considered is that His Honour Mullaly J by failing to
appropriately supervise his own orders makes a mockery of the legal system/processes.
Orders were made on 30 October 2015 and I am entitled to the bull rights and benefits of the
orders that was that the brief was to be served via Australia Post by no later than 9 November
2015. Where this didnt eventuate and I duly notified the Associate Mr Gary McIntosh then the
court could should have immediately convened a special hearing for Buloke Shire Council (with
or without its lawyers) to explain why the court should not deal with it for CONTEMPT OF
COURT.
The listed hearing for an APPEAL for 17 may 2016 should be vacated because on legal basis the
court cannot proceed with it. Neither can it change the hearing to a jurisdictional hearing at the
p1
11-5-2016
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, ERnmail:
admin@inspector-rikati.com Blog at Http://www.scrib.com/InspectorRikati

Page 2
last minute because it would deny me proper preparations and it would be absurd to have a
jurisdictional hearing held in Ballarat where I made the objection also before His Honour
Mullaly J at Melbourne (William Street).
What appears to me rightly or wrongly, is that His Honour Mullaly J his Associate Mr Gary
McIntosh and others are colluding with Buloke Shire Council and lawyers as to deliberately
pervert the course of justice and seeking to undermine my rights as a party in litigation.
.

QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords

In an action against a set person in combination, a conspiracy to injure, followed by

actual injury, will give good cause for action, and motive or instant where the act itself is
not illegal is of the essence of the conspiracy.
END QUOTE
.

QUOTE In the Marriage of P.N. and J.S. Axtell 7 FLR 931

The test of judicial bias as laid down by the high court is whether it has been established that it might
reasonably be suspected by a fair minded person that the judge might not resolve the question before him
with a fair and unprejudiced mind
END QUOTE
http://www.heineraffair.info/site_pages/heiner_affair_quotes.html

If the public understand, and value, the rule of law, then that is the best safeguard
against excessive use of power. The best way to encourage people to value the rule of law
is to point out the alternative, which is a society in which the strong do what they can, and
the weak suffer what they must.

Chief Justice Gleeson on LEGALITY - SPIRIT AND PRINCIPLE The Second Magna Carta Lecture,
NSW Parliament 20 November 2003
http://www.heineraffair.info/site_pages/heiner_affair_quotes.html

"...Legal institutions are interdependent. In the area of criminal justice, the police force, the
prosecution and the judiciary have a symbiotic relationship in which the performance and
the functions of each depends to a substantial degree on the capacity and integrity of each
of the others. The same kind of relationships exist in other areas of the law, involving the
broad range of regulatory authorities and adjudicating bodies, including tribunals. If the
powers given to any participant in this process are abused by being exercised improperly
e.g. to serve the interests of those who wield the power, the whole system is distorted,
indeed perverted."
NSW Chief Justice the Honourable James Spigelman speaking extra-judicially at the
ICAC/Interpol Conference in Hong Kong on 22 January 2003.
http://www.heineraffair.info/site_pages/heiner_affair_quotes.html
".So far as public confidence in the administration of justice is concerned, the position is even
worse if, as is usually the case, the law enforcement agents or those acting on their behalf are not
brought to account for their criminal acts. In cases of that kind, the courts are brought into
greater disrepute because they give the appearance of sanctioning illegality. And that appearance
is given even if criticism is made of the police conduct involved. Indeed, criticism may well
appear to be mere humbug and, itself, lead to a further erosion of confidence in the courts. "
Justice Gaudron in John Anthony Ridgeway v The Queen F.C. No. 95/016 (1995) 129 ALR 41
(1995) 69 ALJR 484 at 39

In my view both His Honour Mullaly J and his Associate Mr Gary McIntosh and others have
placed the court in disrepute by their failure to follow proper legal procedures ordinary
applicable in the circumstances, where I provided in my writings relevant details. I view this is
indeed the combined result of this in various ways of an obstruction to justice.
How absurd that I have to travel to Ballarat and may be told day after day at the end of each day
to come back the next day because of another matter still to be heard, as if I can afford this, and
the associated financial and other problems, where any fair minded judge would be aware that
the Appeal cannot be heard whatsoever where an OBJECTION TO JURISDICTION is still
p2
11-5-2016
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, ERnmail:
admin@inspector-rikati.com Blog at Http://www.scrib.com/InspectorRikati

Page 3
outstanding to be divided and where I have not been served with the brief as ordered by His
Honour Mullaly J on 30 November 2015.
From having appeared at bar tables for decades, even representing lawyers (barrister) I know
too well that had I been in violation as Buloke Shire Council has been then so to say the court
would have thrown the book at me and made me suffer the legal consequences.
I am also aware that this as I understand it is a game play by the courts to try to increase its ratio
of convictions so as to possibly achieve a better government funding, by deliberately so to say
railroading cases where a party is not represented by legal practitioners.
.

In my view the Court has an onus to ensure that litigation is conducted in a proper manner and
not unduly cause financial hardship, etc, upon a party that is reasonably able to avoid.
Clearly, I challenged from onset the jurisdiction of the Magistrates Court of Victoria at St
Arnaud and as such where this OBJECTION TIO JURISDICTION was never disposed of then it
was appropriate for me to file an appeal in the County Court of Victoria for a Melbourne hearing.
If the court lacks judges and others unable to produce the intelligence/intellect to understand this
then what kind of justice is there at all?
It seems to me I am dealing with half-wits who cannot manage to even understand/comprehend
the basic legal provisions/legislation governing the legal system.
I on 12 May 2016 am due to fit yet another set of mouldings for my hearing aids and to try to get
them working properly as so far they fail to work in an acceptable manner and the coil system for
the court also didnt appear to be working. And yes they do have a written record of my
complaints about the hearing aids! It can for this take another many weeks before the hearing
aids, if ever at all, can be found working appropriately or the solution might be to revert to the
old hearing aid system that they do not provide but can be provided by my previous provider. As
such, considering this I have no issue with the Court to vacate the 17 May 2016 hearing date at
Ballarat and to have a special hearing at Melbourne as to the failure by Buloke Shire Council to
have complied in various ways with the orders of His Honour Mullaly J.
After all, no appeal hearing can be proceeded with (even if hypothetically, not that I indicate it
will dismiss the OBJECTION TO JURISDICTION) on 17 May 2016 where the brief was not
served as was ordered by His Honour Mullaly J on 30 November 2015.
To my knowledge no application for leave to file/serve out of time was made by or on behalf
of Buloke Shire council to serve the brief and/or the Notice of Appearance.
Because the way His Honour Mullaly J dealt with the matter on 30 October 2015 I all along
suspected that this would be a case where the court itself or at least those employed in the court
system will seek to pervert the course of justice, as I understand it so often did with other parties
who do not engage legal practitioners, and so nothing new to me as to what eventuated just that I
am not the kind of person who accepts this perverting of the course of justice.
As once a judge made clear, when I asked a n opponent and the legal representatives to be
restrained in filing applications without first obtaining the courts permission, that he had required
me to comply with the rules of the court and where clearly now the opponent lawyers proved to
repeatedly comply with his specific orders to do so he was left no choice but to issue such an
order against them, and did so. In my view in the current circumstances the county court of
Victoria could issue orders as such against Buloke Shire Council, as to prevent further abuse of
the legal processes! Consider also Victorians Human Right Charter provisions!
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!)
p3
11-5-2016
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, ERnmail:
admin@inspector-rikati.com Blog at Http://www.scrib.com/InspectorRikati