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20180913-PRESS RELEASE MR G. H. Schorel-Hlavka O.W.B. ISSUE - Re The Theft of Our Democracy, Etc, & The Constitution-Supplement 15-Family Violence
20180913-PRESS RELEASE MR G. H. Schorel-Hlavka O.W.B. ISSUE - Re The Theft of Our Democracy, Etc, & The Constitution-Supplement 15-Family Violence
* Gerrit, what is your view about paid leave regarding family violence?
**#** INSPECTOR-RIKATI®, as a (male) victim of family violence I personally question it
validity. You need to address the source of family violence and I view that the Family Court of
Australia is one of the causes of family violence. I state CAUSES because if we had better
trained judges a lot of family violence could at least in my view be avoided.
* You state you were a victim but is this just imaginary or have you got hard evidence?
**#** One of my former wife’s ended up (while legally represented) with pleading GUILTY in a
Magistrates Court to assault upon me. She later also pleaded GUILTY (Again having legal
representation) to assault upon one of our children. Medical evidence showed that she nearly
strangled to death one of our sons. The Family Court of Australia had for some 10 years refused
to take appropriate action but in the end the Children Court placed the children into my care
where the Department of Human Services also provided evidence that she had all along bashed
our eldest son with cricket bat (she had broken in the process) pipes, and other implements. She
used items to place on the tong of the children and it was burning like hell but they were not
allowed to use water. She would force them to sit with their knees on a pea for long periods of
time. Neighbours would constantly report the screaming of the children but the police failed to
intervene. She I understood from the school had been banned from any school outings because of
her violence towards other school children. But as the President of the school council teachers
loved her. One day our eldest son was allegedly rude towards his mother at the school and a
teacher, a very good friend of my then ex-wife) checked our son for this. In response he lifted his
shirt and showed his back that this teacher was horrified as to the injuries she saw. She reported
it to the Department of Human services and they took it to the Children Court. The Court then
gave me custody of 3 of the boys while our daughter could remain with her as there was no
evidence she had assaulted her. But the Family Court of Australia refused to grand me custody!
This, even so the Court couldn’t interfere with the orders of the Children Court. My ex-wife had
for some 10 years causing ongoing problems regarding access and well now I was able to
revenge myself upon her. I made clear that she could visit whenever she wanted and stay
overnight albeit my bedroom was off limits. The boys made clear to a counsellor they didn’t
want to have anything to do with their mother and when he was pressurizing them they no longer
wanted to see him either. I however explained to the boys that she would always be and remain
to be their biological mother and she had a certain illness that she was violent and I contemplated
to invite her to stay for week-ends and she would then stay in the bedroom with my other
daughter, their half-sister, and their sister and they didn’t have to talk to their mother if they
didn’t wish to do so. And for years this arrangement was in place! So my revenge was to show
how a custodian parent should conduct himself/herself for the sake of the children.
* So, you hold the Family Court of Australia liable for the suffering of the children for so long?
By the orders and the only valid orders of the Supreme Court of Victoria I had the right to deny
access when I had concerns as to the safety of my daughter, but the Family court of Australia
instead forced her to stay with her mother regardless of her husband being for some time
subjected to Children court orders.
To me I was possibly dealing with pedophile judges who pretend to care for the rights of the
child but in real terms use this mantra to achieve the opposite.
Fogarty J found me in 1994 guilty of breaching orders just that he never charged me, didn’t let
me place my case before him and neither to challenge any orders. I did remind Fogarty J twice
on that he had not charged me but he ignored it. He was furious because the opponent lawyer had
read out part of my correspondence to him that I held that even a first year law student would do
better than Fogarty J. Fogarty was one of the most senior judges! I then had to go through the
expense of appeal. This can be very expensive just to obtain the transcript. On appeal opponent
barrister Sweeney submitted to the Full court that Fogarty J didn’t need to charge me because he
held that I was likely more competent in law then any lawyer appearing before the court and so
no need for any formal charges, etc. The full court took about 6 months and on 19 December
1994 upheld my appeal making known that Fogarty J should have followed proper legal
procedures to charge me, let me plea my case, etc. it did however not provide a single cent
compensation to me for the cost of the appeal! Moreover, that same day Hase J commenced a
trail for failure to comply with access orders to the non-custodian mother. But let me go back in
time. I was in Brisbane to assist Mr John Murray Abbott who was the leader of the
BLACKSHIRS in his appeal regarding the Registrar having sold his house well below cost in
violation of court orders. Mr Abbott had complied with the terms of court orders but the
Registrar nevertheless went ahead to sell his property even so not permitted to do so by the terms
of the orders. The Full Court held that the Registrar had acted in violation of the court order but
that this was not within the courts powers. I view this was utter and sheer nonsense, as the court
should have held the registrar in contempt of court and ordered him, if found guilty, to pay
compensation to Mr John Murray Abbott. However, while in Brisbane I made known to Mr John
Murray Abbott that a staff member of the Family court of Australia Melbourne Registry had in
confidence warned me to have overheard judges to collude to make me pay for exposing their rot
and they planned to imprison me to teach me a lesson. Mr John Murray Abbott scoffed on this as
surely the court would never do so. On 5 December 1994 I appeared before Hase J (mind you I
had previously filed an Affidavit questioning the mental competence of Hase J considering his
conduct in a previous hearing) and he ordered me to stand trial on 19 December for violating
access orders. I had a hearing before the High Court of Australia on 8 December 1994
challenging the validity of the Family court of Australia litigation this as my daughter was
subject to Supreme Court of Victoria wardship orders being a Ward of the Supreme Court and
the Family court of Australia had no jurisdiction in that regard. However Dawson J I view played
along with the Family Court of Australia judges claiming that the Cross Vesting Act allowed the
Family Court of Australia to take over Court wardship. This obviously was utter and sheer
nonsense as there was first of all no Cross Vesting Act application in the case to even attempt the
transfer, and the English court are on record that one cannot even by consent invoke jurisdiction
of a ward of a court of another jurisdiction. I had challenged the validity of the application of the
Cross Vesting Act but with Dawson J I got nowhere, even so I made clear the Family Court of
Australia contemplated to imprison me. It must be highlighted that in 1999 Wakim then the High
Court of Australia held the Cross Vesting Act was unconstitutional and as such by hindsight I
proved all along to be correct. It also means that all orders of the Family Court of Australia, the
High Court of Australia, etc, were indeed without legal justification as I all along had
p10 13-9-2018 © 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
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maintained. This as a legislation that is unconstitutional is ULTRA VIRES Ab Initio and as such
any orders are and remain to be NULL AND VOID this in view that I all along challenged the
validity to apply the Cross Vesting Act. So on 19 December 1994 I appeared before Hase J who
essentially was notably giving evidence from the bench that I submitted for him to take the
witness box so I could cross examine him upon what he falsely claimed from the bench. He
refused. The case finished on 22 December 1994 and I was ordered to be imprisoned for 21 days
for violating access orders (I was the custodian father). On 5 January 1995 I appeared before the
Full court of the Family court of Australia as to my appeal against the imprisonment orders but
the Full Court (which included Fogarty J-something I held most inappropriate) upheld the orders.
Notably Nicholson J held I should go back to prison this even so the Child Representative as well
as the mothers lawyers made known they didn’t desire me to be imprisoned further. I submitted
that I had effectively served the 21days because of remissions and as such free to go. However
Nicholson made clear that I was wrong in law and had me returned to the cells under the
Magistrates Court in Melbourne. When I came there I made known to the Sergeant in charge as I
recall: I remind you I 2 weeks ago filed a complaint against your conduct and I request you
contact the Governor of Pentridge to have me immediately released. He responded that he was
required to first book me in but then would immediately contact the governor. To his credit he
did and returned to advise me the governor had directed to release me immediately as I had
served my time due to remissions. I was released and went back to the Family court of Australia
in Bourke Street and notified Registrar Burke personally I was released. The next morning I went
back to the Family Court of Australia to advise the child representative I had been released. I did
so while he was waiting for the full court regarding a non-related case. I sat down in the about
empty court room, there was no court in session, when a person I understood being a Australia
Federal Police officer asked me if I could follow him into the hall way. I did. He then informed
me that he was instructed by the chief Justice to arrest me and bring me back to the cells to serve
the remainder of the sentence. I explained in detail that the Chief Justice was wrong in perception
of what the Family Law Act 1975 was about and I had served the time. I made clear I would
return to the court room. I did. The Full Court was now in session and oh boy it was a pleasure to
see the face of Nicholson J that despite his claims and instructions I was sitting there in front of
him. Later that year the Family law Act 1975 was amended that remission of time was not
applicable to federal prisoners. That I view is in fact unconstitutional this as the State is
responsible for the incarceration of prisoners, state or federal, and you cannot have that when
there is a strike by prison officers and inmates are locked up denied their right to exercise outside
the cell that then federal prisoners are denied remission of time for this while state prisoners are.
I returned home and low and behold found a court order dated 20 December 1994 that I was
sentenced to 21 days imprisonment. Now, this means that Hase J had in fact pre-determined the
21 days imprisonment and issued the orders, this even so the trial was still going until 22
December 1994. As such there were now 2 sets of orders albeit the first one had different issues
also. On 27 January 1995 I appeared before Dawson J and provided copies of the both orders,
that Hase J had pre-determined the orders and as such all orders were invalid. Dawson J
dismissed this, claiming that it was a mere mistake and as my appeal before the full court of the
Family court of Australia was the next day then he was not going to do anything about it. Well
the Full Court basically couldn’t give a damn. It was clear that I had been setup and being also a
critic upon the power abuse of the High Court of Australia Dawson J wasn’t going to bother to
deal with it appropriately, at least that is my view.
When I firstly entered the cells on 22 December 1994 under the Magistrates Court I noticed a
man sitting there on the ground crying. I went to him and asked if perhaps I could assist. He
explained the police had denied him to make a call and his wife and child didn’t know where he
was and he wanted to reverse his plea. I explained that he would do better to tell the magistrate
this as more than likely the magistrate will then ensure he can make a call and can accept a
reversal of a plea. About an hour later he was called to appear before the magistrate and
sometime later he came back and announced to others that I was The Professor. He made known
p11 13-9-2018 © 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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
that the magistrate indeed had ordered he could make a call and also accepted a reversal of the
plea. On 24 December 1994 we were transferred to Pentridge Prison and while waiting there to
be booked in a prisoner came up to me and demanded cigarettes. The man I had previously
assisted went up to this prisoner and made known I should be left alone as I am The Professor. I
had law reports with me and during time in the canteen was showing other prisoners reports.
Some commenting that their lawyers never told them. So they were learning from the reports.
There was a lawyer in prison but he urged me not to reveal this to the other prisoners. I didn’t.
there was an elderly man very upset and so I asked if I could assist. He made known he had been
duped by his lawyers and ended up in the prison hospital where they provided drugs regarding
his illness but then back in the cell he was denied any further visits because of drugs in his
system. I went to the senior prison guard and asked for a copy of the prison rules. I was informed
that there was only one coppy and that he wasn’t to give this to anyone. I made clear that for me
to be able to comply with prison rules I needed to read the rules and failing this I would file a
complaint with the Ombudsman of denial iof my rights. The Senior then relented and gave me
the copy. I took it to the man and showed that by the rules he was wrongly denied family access.
I returned the rukles to the senior prison officer. The next day the access was reinstated for him.
This man then asked if I was willing to work for him as I was better than all his lawyers. I
declined. I understood he had a trucking company. I was well received by the other inmates and
when I came to the canteen I was given more than my fair share of pies, cakes, etc, as they made
clear they had to look after The Professor. One inmate gave me the understanding of an offered
to deal with my daughter’s mother so she never again could bother me. I declined politely. On 4
January 1994 a prisoner made known to me that he overhead some prison guards they were going
to deal with me after lock up and he gave me the understanding that it would mean the next day I
would leave the prison in a pine box feet first. Being warned I went to the doctor and asked him
to inspect my body for any bruises, etc. Back in the cell I decided to hide pencils which had my
name printed on them so if the guards were claiming to do a drug search then they surely could
find the pencils. After all instead of a pencil it could be a straw containing drugs. Well, after lock
up the cell did swing open and a bunch of prison guards where there. I stood next to the door and
I recall stating: officers I was this morning notified you would visit me and so I have been to the
doctor to have my body checked for any injuries, etc. OK, that was what they had not expected.
They told me to strip outside as they were going to search for drugs. The ripped as part my law
reports and other items threw the food out of containers but at no time really searched for any
drugs and didn’t find any of the pencils. The experiences I gained was that at times so called
suicides may be nothing less than prison guards having killed an inmate. The next morning I had
to go to the Family Court of Australia for my appeal (as referred to above) and a prison guard
made clear to me that when I return they would have their kind of fun with me to teach me a
lesson. Just that I never returned.
Not long after I was released from prison and my daughter returned to my care the mother
arrived to return my daughter from access. She was explaining they had a hold up due to a
damaged windscreen. I went to my car took my windscreen protector of and handed it to her
husband.
Now, instead of having me going on to her, I simply was nice and friendly and gave them a
windscreen protector.
It was after that the mother didn’t to my recollection bother to have access again.
After many months I instituted contempt proceedings against the mother for violating court
orders. This was dismissed. On appeal making clear what is good for the Goose is good for the
Gander, Nicholson CJ made clear the mother was not bound to comply with the court orders as
the non-custodian parent if she didn’t want to. Moment, many non-custodian parents are held
legally accountable for violating terms of access orders but this woman is not bound to comply
with orders. That to me is using DOUBLE STANDARDS!
p12 13-9-2018 © 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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
.
My daughter now married with 4 children made clear she still feel some guilt that I ended up in
prison for her protection. As such, the Family Court of Australia caused long term harm and this
in blatant disregard to the terms of the Supreme Court of Victoria court orders. He refused to
consider other Family Court of Australia court orders regarding 4 of my other children,
regardless of the conflict of the orders. No one in his right mind can accept that a single father
can travel with 5 children making a 1,000 round trip and due to the lack of public transport has to
stay over in motels, etc, can do this from a mere $20 a week, that the mother didn’t even pay at
all.
Despite drawn out litigation for child support the mother simply disregarded compliance with the
orders, this even so I was forced to make a 1,000 kilometres round trip to provide my daughter
for access as the judge made clear that the mother would be paying $20 a week for child support.
* Quite frankly I do not know how you were able to keep your sanity by all this!
**#** Again there is a lot more to it all but that is why many a non-custodian parent regretfully
may come to a decision that to kill might be the best in the circumstances. Many a person have
given me the understanding that the reputation of the Family Court of Australia deters them to go
near this court and they rather find their own kind of solution.
* This is horrible!
**#** As I discovered you cannot raise the issue of sexual abuse of your child, as least as a
single father, as you find some idiot of a judge who will accuse you then regardless of the
medical evidence I filed. This is why even so I make clear not to condone any killings I can
UNDERSTAND that a person can be driven in despair to kill.
* Now I can understand why people were eager to contact you as they became aware you were
successfully doing your own representation to keep custody despite the conduct of the judges.
**#** I once assisted a woman (she never had lawyers) to again custody only for her to tell me
afterwards she had fabricate the sexual abuse against the girl’s father, etc. Well not long
thereafter I was able to get the custody to the father! The father represented by lawyers had lost
custody and discovered that I was able to get custody transferred to him by minutes of consent
orders properly signed with witnesses!
* Do you accept that family violence is the start of things?
**#** Not necessary. As I indicated some woman are couched by others to pursue a divorce and
make false allegation and the environment of the Family Court of Australia is such that you got
judges who do not care less about the commit perjury. I understand that in the USA judges
purchase many homes and an investigation found that when the home was paid off by the
lawyers of a defendant then the defendant was cleared of any wrongdoing. Also there was a
Family court judges who was trained by the opponent barrister, so was made clear when he
became a judge, and this judge as I understand it without any formal hearing simply issues orders
for a police officer to provide copies of all my writings to him. The police officer while objecting
did so on a CD as it was a lot of documents. All my writings had been WITHOUT PREJUDICE
but this judge couldn’t care less as he ordered the opponent party to be provided with it all,
without my knowledge when he made the orders. This judge was hoping to get me for
CONTEMPT OF COURT with my writings but failed miserably. I was suddenly called as a
witness for the party I was assisting and the judge then accused me of breaking and entering a
property belonging to the other party. This judge had been dealing for some time with the case. I
made clear that he simply failed to understand what the case was about because on written
request of the party I was assisting to secure the empty property I had installed new locks and
locked the windows to prevent unauthorized access and that the other party never was a
p13 13-9-2018 © 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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati
registered owner of the property as the judge claimed. So this judge then simply ordered that the
other party could have full control of the property! To me there was absolutely no legal
justification for any of it, but when the opposing barrister is your former teacher who got you to
become a lawyer then that to me stinks big time.
*. Have you ever heard other lawyers about this?
**#** Not uncommon lawyers would tell me albeit off the record they wish they could speak up
as I did even so I always remain polite, but they would likely have their next client suffering as
result.
*. You indicated that the reference of legislative powers is not constitutional valid, or to that
perception.
**#** I wrote about the Registrar in the courts without supervising judge would be
unconstitutional and sometime later they announced that the Registrar in the Family Court of
Western Australia was without a supervising judge and now a judge was appointed. Also
regardless what any judge may claim otherwise the Letters Patent that was Gazetted on 2 January
1901 regarding the State of Victoria is clear that there must be an impartial administration of
justice. As such, the Parliament cannot refer legislative powers to the
Commonwealth without s123 of the federal constitution state referendum, this as any referral of
legislative powers includes diminish the judicial powers of the State Supreme Court. Parliament
has absolutely no legislative powers to diminish the judicial powers of the Supreme Court of
Victoria as only the State electors by referendum can achieve to do so, by approving a reference
of legislative powers.
*.On that basis all references of legislative powers of any State without a state referendum then is
unconstitutional?
**#** That is correct. Any orders flowing from unconstitutional reference of powers are NULL
AND VOID.
*. Is it constitutionally permissible for the federal government to direct family violence paid
leave?
**#** When it comes to ordinary employment contracts within the limits of a state I view that
the Framers of the Constitution made clear that the Commonwealth cannot interfere with that.
This PRESS RELEASE is already long and so I will avoid quoting the Framers of the
Constitution but rest assure they did make this clear. Regretfully in my view we lack competent
constitutional trained judges and so there will be an ongoing mess out of it all. We lack properly
educated politicians in constitutional matters and their advisors seems to me to be no better. You
can throw good money after bad but will not get any better system when the system at least in
my view is rotten to the core. What I have set out is merely a small part of a lot more but should
be sufficient to indicate there is a lot wrong with the Family Court of Australia/Western
Australia, so with magistrates operating under the same system. When so to say you disfranchise
in general many men from their parental rights not because they wronged but because of
unproven allegations by ex-parte orders then you are in fact ensuring that the killing fields will
remain to exist! I may add that all Family Law court orders relating to non-marriages are
unconstitutional as no reference of legislative powers was ever validly referred to the
Commonwealth, as no State referendum was held to approve this reference of legislative powers.
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!)
p14 13-9-2018 © 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
Email: admin@inspector-rikati.com. For further details see also my blog at Http://www.scrib.com/InspectorRikati