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Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:

20-10-2015

Magistrates Court of Victoria at St Arnaud starnaudcoordinator@magistratescourt.vic.gov.au

Buloke Shire Council buloke@buloke.vic.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Mr Martin Pakula Attorney-General
martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au
Re: 20151020-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06Re Buloke Shire Council cc LSC-COM-2015-0873-MCV-F12748095-AP-15-2502-etc

Sir/Madam,
In the past I referred to the Colosimo case in which I represented Mr Francis James
Colosimo so successfully and if just you had understood what I was on about you could have
avoided any litigation. In the Colosimo case one of the principle issues was where the more than
20 lawyers, including Mr Colosimos former barrister never bothered to the validity of a
NOTICE issue by his council. From the moment I took over the case my first issue was to
check the legalities of the notices and Infringement Notices and discovered numerous problem
issues with them, hence being successful in the appeal also.
I view that the first issue for any lawyer advising a client is to check the legal validity of possible
litigation and this I view ES&a Legal Practitioners failed to do totally. Hence, no matter the legal
hurdles I had never any doubt that I would comprehensively defeat the litigation against me. Just
that it appears to me that Alison J. May lacked the competence to understand basic legal
requirement for a lawyer to do. As proved however it seems to me the magistrate of the
magistrates Court of Victoria at St Arnaud also lacked a basic understanding of what is legally
appropriate in various ways and so issued orders which I knew would never have any legal
validity, as I indicated previously, but just cause some annoyance.
The fact that Alison J May pursues a County Court of Victoria hearing in Ballarat may in my
view underlines her so to say immaturity in litigation.
Buloke Shire Council has yet again issued a FIRE PREVENTION NOTICE (against me) in
violation to legislative provisions and while so far this neve r was presented in court that this is
the same/simular as previous FIRE PREVENTION NOTICES I view it is time to expose the rot
that goes on. I view the Attorney-General should take over from ES&a Legal Practitioners and
immediately ensures that it prepares for undertakings to the court that it will abide with the 19
July 2006 judgment of the County Court of Victoria and will ensure that never again litigation
will be pursued against me within s114 of the constitution by anyone using delegated powers of
the State of Victoria. Further, that immediate action will be taken to stop the rot and that there
will be an impartial and proper investigation to Buloke Shire Council conduct and its legal
representatives. I am also pursuing to strip municipal/shire councils of any powers to issue FIRE
PREVENTION NOTICES as the gross incompetence shown justifies this.
Basically what I view ES&a did was to ensure I so to say gained more ammunition to
expose the rot that has been going on. Too often people end up contemplating and even
committing suicide because of lawyers who unscrupulous are perverting the course of
justice.
p1
20-10-2015
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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Despite that I made known suffering of ill health (and still under medical care) ES&a relentlessly
pursued to litigate where I view any competent legal practitioners would from onset have advised
his/her client that it had no hope of success. The fact that the magistrate on 20 August 2015 and
17 September 2015 made orders doesnt alter it a bit because orders issued without jurisdiction
simply are not worth the paper it was written upon. Disturbingly is that despite that I provided
copies of my writings to Premier Daniel Andrews he failed to tally act to get the AttorneyGeneral investigating what was going on. As such willingly stood by to allow the gross injustice
to continue. This is precisely what people gave me the understanding was happening with them
that politicians couldnt give a darn about the rule of law and only use it when it happens to suit
them.
No use for a lawyer to claim cost when in fact the lawyer didnt bother or didnt understand what
I was writing about. After all when a lawyer seeks cost then the court must hold it that the lawyer
actually read the material. As such for the lawyer ignoring what was written, but nevertheless
claiming cost as if he/she read it goes against the integrity of the lawyer. For my part I had an
obligation to provide as much information to the other party, albeit the issue as to the validity of
the FIRE PREVENTION NOTICE as now published in my 20151020-G. H. Schorel-Hlavka
O.W.B. to Wayne Wall -Municipal Fire Prevention Officer & Country Fire Authority
writing may indicate why all along I never had any doubts that in the end I would prevail in the
litigation! The FIRE PREVENTION NOTICE upon which the INFRINGMENT Notice relied
upon was all along in violation of the legislation and hence as set out to Wayne Wall invalidate
the FIRE PREVENTION NOTICE. The mere fact this has been going on and Buloke Shire
Council legal representatives apparently not bothering to check out basic legal issues is of grave
concern.
In my view as Buloke Shire Council through its legal representatives are acting for and on behalf
of the State of Victoria it is appropriate that the Attorney-General takes over the case. Because I
filed my appeal it is beyond the Attorney-Generals power to withdraw the case. That is
something the Attorney-Generals learned in 2006! It means that the Attorney-General can pursue
not to contest my appeal and this would mean I succeed unchallenged against the Magistrates
Court of Victoria that it had no jurisdiction. If the Attorney-General desires to persist to litigate
(or for that anyone else) then my 20151020-G. H. Schorel-Hlavka O.W.B. to Wayne Wall Municipal Fire Prevention Officer & Country Fire Authority correspondence will in my
view be sufficient to show to the Court that where the notice was in violation to the legislative
provisions then the Infringement Notice itself (which relies upon it) is without legal validity.
Further the Attorney-General is then also facing further many constitutional and other legal
issues that I raised having to overcome. In the end the Attorney-General in my view is so to say
in a corner he cannot succeed against me. As I did on 19 July 2006!
Lets call a spade a spade and expose the rot of council endangering CFA fire fighters and
other members of the community.
The document can be downloaded from:
https://www.scribd.com/doc/286033637/20151020-G-H-Schorel-Hlavka-O-W-B-to-WayneWall-Municipal-Fire-Prevention-Officer-Country-Fire-Authority
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!)

p2
20-10-2015
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati