20151221-Schorel-Hlavka O.W.B. To ES&a Your Ref LA-05-06-Re APPEAL-15-2502 - Re Failure To Comply With Court Order-Etc

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Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:
21-12-2015
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
Mr Garry McIntosh, Associate to His Honour Mullaly judgemullaly.chambers@countycourt.vic.gov.au
County Court of Victoria crim.reg@countycourt.vic.gov.au
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Ref; 20151221-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re APPEAL-15-2502 -Re Failure to comply with court order-etc
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Sir/Madam,
firstly, I wish you and your staff and family the best for the festivities. No matter what
disputes may exist it always is better to remain civilised.
.
I will now quote your email received 21-12-2015:
QUOTE
RE: Schorel-Hlavka v Buloke Shire Council County Court Notice of Appeal - AP-15-2502
From
Alison May
To
crim.reg@countycourt.vic.gov.au
Cc
Rebecca Orpwood
Date
Sun 23:31
, gerrit@inspector-rikati.com
Message 1 of 186 < >
25
DOC211215-211215092356.pdf
Dear Sirs,
Further to your below email correspondence please find attached scanned copy Notice that Practitioner
Acts.
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We apologise for the delay in providing same but note that a Notice of Appearance had been filed with
the court on 13 October 2015 and we had not been notified that an alternative form was required by the
registry.
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Would you kindly forward a copy of the 30 October 2015 orders at your earliest convenience.
Yours faithfully
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Alison May| Legal Practitioner

Elliott Stafford & Associates | 316A Queens Parade, Clifton Hill
t: (03) 9486 7555 | f: (03) 9486 6444 | e: alison.may@elliottstafford.com.au
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21-12-2015
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
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
Rebecca Orpwood
<rebecca@elliottstafford.com.au>
27/11/2015 11:00 AM
To"crim.reg@countycourt.vic.gov.au" <crim.reg@countycourt.vic.gov.au>,
cc
SubjectSchorel-Hlavka v Buloke Shire Council - County Court Notice of Appeal AP-15-2502
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Dear Sir/Madam
We act for the Respondent, Buloke Shire Council, in this matter.
We would be grateful for a copy of the orders made on 30 October 2015.
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We note that this matter is next listed on 22 February 2016.
Kind regards
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Rebecca Orpwood | Legal Assistant

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

The content of this e-mail and any attachments may be private and confidential, intended only for
use of the individual or entity named. If you are not the intended recipient of this message you
must not read, forward, print, copy, disclose, use or store in any way the information this e-mail
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or any attachment contains.
If you are not the intended recipient, please notify the sender immediately and delete or destroy
all copies of this e-mail and any attachments.
Our organisation respects the privacy of individuals. For a copy of our privacy policy please go
to our website or contact us.
END QUOTE
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In my 201202015 correspondence I included a coppy of the 30-10-2015 orders of His Honour Harbison J
as follows
QUOTE
Cc:
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2-12-2015
Mr Garry McIntosh, Associate to His Honour Mullaly J. judgemullaly.chambers@countycourt.vic.gov.au

Ref; 20151202-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- Re APPEAL-15-2502-Re Failure to comply with court order-etc
Sir/Madam,
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hereby, I give notice that as I am representing myself as a CONSTITUTIONALIST and

Professional Advocate I intent to pursue cost.
The litigation has been marred by blatant disregard by your client Buloke Shire Council as well as by
yourself as legal practitioners and as result cause considerable undue work upon me. Stull despite of this
you have persisted in this line of conduct that requires an extraordinary compensation.
The following is not set out in any order of importance!
Your client failed to comply with the legal provisions of the Country Fire Authority Act 1958
which I have in my previous material set out considerably hence no need to repeat it all, safe to
say that I did highlight also that remove all combustible material from land is in violation of
the legal provisions, hence s41D upon which your client relies cannot be enforced.
You persisted in filing the Summons for hearing in the magistrates Court of Victoria at St Arnaud
this even so it was not the proper venue. As however the court recording indicates you have
another case before this court and so it appears to me you misused/abused this to wrongly place
the matter before the wrong venue, against my numerous objections, and by this where I suffered
ongoing ill health prevented me to appear at the 20 August 2015 and 17 September 2015
hearings.
I understand that you failed to provide any evidence before the Magistrates Court of Victoria at St
Arnaud on either or both hearing dates to prove jurisdiction, where I had submitted in writing in
my ADDRESS TO THE COURT my OBJECTION TO JURISDICTION, on each hearing
incident.
You likewise failed to present evidence on 30 October 2015 to prove jurisdiction even so you
knew or ought to have known from my ADDRESS TO THE COURT that was then before the
Court.
Counsel for Buloke Shire Council as I understood it deliberately misled His Honour Mullaly J by
claiming my request for the brief was only made yesterday even so the request was made days
earlier, as to obtain orders I view would otherwise not have been obtained, as such I view he
committed CONTEMPT IN THE FACE OF THE COURT and perverted the course of justice.
Where His Honour then issued orders that on or before 9 November 2015 this didnt eventuate,
even so in my 31 October 2015 I specifically referred to the brief issue.
In my 20151127-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire
Council -Re (preliminary) brief-etc-Re APPEAL-15-2502-OBJECTION TO SERVICE and
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 I did set olut
that I didnt accept service in violation of the orders of His Honour Mullaly J of 30 October
2015 as well as that the brief was not what I had requested for, etc. I highlighted for example
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the hearing date being referred to as 18 March 2013 being about 20 months prior to the alleged
offence having been committed, the brief referring to a 22 February 2016 hearing which was not
known prior to the 30 October 2015 hearing before His Honour Mullaly J when I requested the
brief. The copy that was emails didnt have either a copy of the Notice and neither the email nor
the copy located in the mail box had a copy of the Infringement Notice.
You caused another Form 11 to be delivered in my mailbox but it is a mere 3 pages. In my view
without conceding or implying there was any proper service, when one replaces a brief it must
be in totality and not ad hoc some parts.
You in my view committed CONTEMPT OF COURT for failing to comply with the orders of
His Honour Mullaly J of 30 October 2015 as to serve on or before 9 November 2015.
Your 2 September 2015 correspondence failing to accurately disclose the precise terms of orders
issued on 17 September 2015, as such I view was deceptive.
It should be understood that my request for a brief was:
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QUOTE 27-10-2015 CORRESPONDENCE

Cc:
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27-10-2015
Mr Wayne Wall, Municipal Fire Prevention Officer buloke@buloke.vic.gov.au

Ref; 20151027-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06-Re Buloke Shire Council cc LSC-COM-2015-0873-Re Appeal
Sir/Madam,
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Hereby I urge you to clarify the position of Buloke Shire Council if it intends to
oppose my appeal, etc.
It should be understood that Buloke Shire Council acting within s114 of the Commonwealth of
Australia Constitution Act 1900 (UK) has the same obligations as the Public Prosecutor of the
State of Victoria.
I received from a friend the following quote email, and well you may consider the content and
provide me with a preliminary brief or brief. After all I made known that Councillor Milne
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claimed not to know what it was on about (the litigation) and as such the court may have to
consider if you have any legal standing (as I disputed this) to act for and on behalf of Buloke
Shire Council considering that at least one councillor didnt appear to be able to give informed
consent to act for Buloke Shire Council. As such others may likewise not be aware of what the
litigation is about.
Obviously, I request not only for the brief/preliminary but also that Buloke Shire Council
produces records at least since 2009 as to how often it issued identical or nearly identical
FIRE PREVENTION NOTICES against landowners and how often any was against
Buloke Shire Council (Shire of Buloke).
After all I provided some but not all images of conditions in 2013 when Mr Wayne Wall issued
against me the (invalid) FIRE PREVENTION NOTICE and so the issue will be did he likewise
issue any against Buloke Shire Council, and if not why not? As the images I have indicates that
the growth on my property was at most similar to that along the roadside or lower, significant
lower!
Because this has been a systematic pestering upon me of FIRE PREVENTION NOTICES and
Buloke Shire Council persisted to proceed despite my ill health I view the court may have to
consider if the conduct of Mr Wayne Wall and so Buloke Shire Council and its legal
representatives was justified in the circumstances, and if not how the court may deal with this to
possibly prevent repeat of such harassment/vexations litigation upon me.
QUOTE 27-10-2015 EMAIL RECEIVED
Re: see attachment 20151027-Schorel-Hlavka to Country Fire authority -COMPLAINT
Important
Nigel W <changeling_au_2004@yahoo.com.au>
Today at 5:39 AM (27-10-2015)
To
Gerrit,
some things for you to consider:1) Have you received a full brief from the council yet? If not, demand one in writing - see what the Criminal
Procedure Act 2009 says about full briefs. If you have received one (or even a preliminary brief), does it list
Wayne Wall as one of the witnesses they'll be calling? If not, you'll need to subpoena him.
2) If your appeal is successful, you may want to consider applying for declaratory relief from the Supreme
Court declaring that the proceedings instituted against you by the council were a nullity. You can glean a bit
about this process from Dustday Investments Pty Ltd v Minister for Planning [2015] VSC 101 at 65-74
<http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2015/101.html>
3) You may wish to investigate suing the council in an action for the tort of collateral abuse of process. I
haven't looked into this tort in any detail, but some key cases are:Varawa v Howard Smith Company Ltd [1911] HCA 46
<http://www.austlii.edu.au/au/cases/cth/HCA/1911/46.html>
Williams v Spautz [1992] HCA 34 <http://www.austlii.edu.au/au/cases/cth/HCA/1992/34.html>
Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd; Jeffery & Katauskas Pty Limited v Rickard
Constructions Pty Limited [2009] HCA 43 <http://www.austlii.edu.au/au/cases/cth/HCA/2009/43.html>
Bare in mind that such an action would need to be taken against the council NOT their lawyers, as the
lawyers aren't actually a party to the proceeding - see Leerdam & Anor v Noori & Ors [2009] NSWCA 90
<http://www5.austlii.edu.au/au/cases/nsw/NSWCA/2009/90.html>
4) Also bare in mind that if the County court find against you, the only option then is a judicial review under
Order56 of the Supreme Court rules. The only way that a judicial review has any chance of success is if you
can demonstrate that the Judge has made an error of law on the face of the record, or has fallen into
jurisdictional error - see
Craig v South Australia [1995] HCA 58 <http://www.austlii.edu.au/au/cases/cth/HCA/1995/58.html>
A judicial review is somewhat similar to an appeal on a question of law. My recent successful appeal
judgment provides quite an insight into what a question of law is - and isn't. See Waddington v Kha [2015]
VSC 339 <http://www5.austlii.edu.au/au/cases/vic/VSC/2015/339.html>
I'm sure you'll have fun!
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Nigel
END QUOTE 27-10-2015 EMAIL RECEIVED
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You did apply for cost regarding my writings and during the EX PARTE hearing was granted
this and as such I view the court is entitled to take it that where you charge for reading the
material then you should have presented to the court precisely what I was on about, including the
invalid FIRE PREVENTION NOTICE, I disputed all along. After all the Court may hold that
concealing such relevant details you may have deliberately perverted the course of justice.
While it was not your task to present my case however you were obligated to inform the court
what my position was and why your client had an opposite position.
If you didnt read the material but merely counted pages to claim a charge then I view this may
constitute fraud, as well as perverting the course of justice.
My view is that what you did was dishonourable and appalling and most unlettered persons may
end up having orders against them without knowing how to obtain justice. I am determined to
expose the rot and while I am aware you can try to continue using all kinds of ways to pursue
uncalled litigation do keep in mind that if the original FIRE PREVENTION NOTICE was
without legal justification then everything flowing from this (Like the Infringement Notice and
any subsequent court orders) likewise has no legal force.
I look forwards to your positive reply!
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This document is not intended and neither must be perceived to refer to all details/issues.
MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!
Awaiting your response,
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(
)
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
END QUOTE 27-10-2015 CORRESPONDENCE
Again
QUOTE 27-10-2015 CORRESPONDENCE
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Obviously, I request not only for the brief/preliminary but also that Buloke Shire
Council produces records at least since 2009 as to how often it issued identical or
nearly identical FIRE PREVENTION NOTICES against landowners and how often
any was against Buloke Shire Council (Shire of Buloke).
END QUOTE 27-10-2015 CORRESPONDENCE
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This request was not specifically refused but neither complied with whatsoever!
Below I provide some I view relevant Authorities, albeit it is not to be deemed to be the limitation of
Authorities that may be applicable, nor that I have any onus to seek to get you to understand what a legal
practitioner should know as to how to conduct proper litigation.
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Regarding statutory interpretation where the court is to take the intention of the legislators and not
some ulterior motive a Municipal Fire Prevention Officer may use the Fire prevention Notice to seek to
achieve something that is contrary to legislative provisions/authority. Commissioner of State Revenue v
EHL Burgess Properties Pty Ltd [2015] VSCA 269 (29 September 2015) (http://www.austlii.edu.au/cgi-
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bin/sinodisp/au/cases/vic/VSCA/2015/269.html?stem=0&synonyms=0&query=lta195890)
Regarding amending a charge within a 12 month period, for so far a charge can be amended where the
Notice itself is in valid. Bell v Dawson [2000] VSC 169 - Re 12 months amending charge
(https://jade.barnet.com.au/Jade.html#!article=73428)
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Re service out of time without seeking other partys approval or leave to serve out of time
application
having
been
granted
HYNDMAN
V
WALLST/ARMS
higc3453
(https://www.courtsni.gov.uk/enGB/Judicial%20Decisions/PublishedByYear/Documents/2001/2001%20NIQB%2024/j_j_HIGC3453.htm)
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http://www.drink-driving-lawyers.com.au/pleading-guilty-or-not-guilty END QUOTE

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The test is whether the evidence as it stood was such to prove that the respondent was given
reasonably sufficient information to know what was required of him and why: Rankin v
OBrien [1986] VR 67 and DPP v Blyth 16 MVR 159
END QUOTE
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The fire prevention Notice not only violates the provisions of the Country fire authority Act 1958 but also
its demands are unreasonable, vague and aloof and fails to be the product of the required opinion.
The legislation, as I understand it limits the powers of a magistrate/Judicial Registrar to hear and
determine matters on a Full Brief if served upon the other party or in the alternative upon evidence by
the informant. I understand neither eventuated.
.
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I requested the brief that existed or should have existed on 27 October 2015 regarding the Magistrates
Court of Victoria (at St Arnaud) hearings held on 20 August 2015 and 17 September 2015. His Honour
Mullaly J on 30 October 2015 didnt specifically mention which particular brief and as such where His
Honour Mullaly J did question Counsel for Buloke Shire Council as to the brief I had referred to in my
written submission in my ADDRESS TO THE COURT then it can be held that His Honour Mullaly J
referred to the brief that was to have existed prior to the 17 September 2015 hearing before the
Magistrates Court of Victoria at St Arnaud. Even if it was held that His Honour intended to refer to as
new brief regarding the 22 February 2016 hearing then it wouldnt diminish/avoid my right to have a cop
of the Full Brief that was existing at the time of 17 September 2015. In that case I am/was entitled to both
copies. Being the 17 September 2015 Full Brief within 14 days of my written request of 27 October 2015
meaning by 10 Nov ember 2015 (not including the date of the request) and with the Full Brief for the
appeal hearing before or on 9 November 2015.
QUOTE
HYNDMAN
V
WALLST/ARMS
higc3453
In Davis v NI Carriers [199] NI 19 Lowry LCJ (as he then was) said at page 20:
Where a time-limit is imposed by statute it cannot be extended unless that or
another statute contains a dispensing power. Where the time is imposed by rules
of court which embody a dispensing power, such as that found in Order 64, rule
7, the court must exercise its discretion in each case, and for that purpose the
relevant principles are:
(1)
whether the time is sped: a court will, where the reason is a
good one, look more favourably on an application made before the time
is up;
(2)
when the time-limit has expired, the extent to which the party
applying is in default;
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(3)
the effect on the opposite party of granting the application and,
in particular, whether he can be compensated by costs;
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(4)
whether a hearing on the merits has taken place or would be
denied by refusing an extension;
(5)
whether there is a point of substance (which in effect means a
legal point of substance when dealing with cases stated) to be made
which could not otherwise be put forward; and
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(6)
whether the point is of general, and not merely particular
significance.
To these I add the important principle:
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(7)
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that the rules of court are there to be observed.
In this connection I could not hope to improve on what Lord Guest has said in
Ratnam v. Cumarasamy [1965] 1 W.L.R. 8, 12:
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The rules of court must prima facie be obeyed, and in order to
justify a court in extending the time during which some step in
procedure requires to be taken there must be some material
upon which the court can exercise its discretion. If the law
were otherwise, a party in breach would have an unqualified
right to an extension of time which would defeat the purpose
of the rules, which is to provide a time table for the conduct of
litigation.
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The importance of the rules and compliance with them cannot be overlooked.
END
QUOTE
HYNDMAN
V
WALLST/ARMS
higc3453
Litigation is often a very exhausting issue for unlettered persons, and even for members of the legal
profession, when it relates to matters they ordinary do not equate with. Hence, even a barrister, (I
understood to charge himself about $20,000 a day representing a client) practicing for more than 2
decades, required me to represent him (on 4 occasions), because of my knowledge and expertise. I
therefore see no reasons why even so representing myself I should not be compensated for the extensive
work I involved to counter act the utterly vexatious Fire Prevention Notice and this ongoing ill-conduct
by legal representatives.
His Honour Mullaly J on 30 October 2015 made a specific order as to service, and they were blatantly
disregarded/ignored. Despite my 31 October 2015 (next day) correspondence regarding the brief this
was blatantly disregarded. Despite my indication I refused to accept proper service to have been executed
you have ignored to file for leave to served out of time, irrespective if the Court were to grand it or not.
Members of the legal profession should understand that they cannot have any more rights in the courts
then the client they represent. No court can tolerate that a party for having legal representation then can
flaunt its orders.
Hansard 1-2-1898 Constitution Convention Debates
(Official Record of the Debates of the National
Australasian Convention),
QUOTE Mr. OCONNER (New South Wales).Because, as has been said before, it is [start page 357] necessary not only that the administration of
justice should be pure and above suspicion, but that it should be beyond the possibility of suspicion;
END QUOTE
While His Hon our Mullaly J was understood by me to comment at commencement of proceedings
something like; You are a person who holds that the law applies to everyone else but yourself (to that
meaning) but to the contrary I pursue that the rule applies also to lawyers (judges) and politicians.
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I obtained a court order and entitled to have my rights within that court order to be enforced. You mazy
no attempts to even communicate with me as to if I would accept service out of time. And failing to seek
leave to serve out of time and by today still not served a proper copy of the Full Brief I request on 27
October 2015 nor a complete copy of the brief as ordered by His Honour Mullaly J on 30 October 2015
then I view the court must apply the rules of the court to hold my appeal is and remained unchallenged,
and I view orders cost against you specifically. Why on earth, as a so called ratepayer, should I have to
pay for legal representation Buloke Shire Council engages who in my view are amateurish and cannot
manage to even litigate to reasonable standards.
In my view it would be appropriate for the court to restrain Buloke Shire Council to issue any further Fire
Prevention Notices against me where this has been an abuse for several years, and yet despite s43 of the
Country Fire Authority Act 1958 nothing was done to ensure that along the highways the soft shoulders
were cleared properly from any fire danger, as I proved with the many images of the roadsides.
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(Our name is our motto!)
END QUOTE
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Well aware lawyers often tried to claim they didnt receive my email I always forward a copy to myself to
know what was sent out and what was attached to it. This also as in case I accidentally omitted the
attachment I can become aware of it.
QUOTE
see attachment 20151202-Schorel-Hlavka
O.W.B. to ES&a Your ref LA-05-06- -Re
APPEAL-15-2502Re Failure to comply with
court order-etc
From
To
Cc
admin@inspector-rikati.com
, judgemullaly.chambers@countycourt.vic.gov.au
feedback@countycourt.vic.gov.au
, buloke@buloke.vic.gov.au
,
daniel.andrews@parliament.vic.gov.au
, martin.pakula@parliament.vic.gov.au
general@justice.vic.gov.au
Reply-To
admin@inspector-rikati.com
Date
2015-12-02 09:18
,
, attorney-
Message 5 of 100 < >
10
20151202-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- -Re APPEAL-15-2502Re

Failure to comply with court order-etc.pdf
2-12-2015
15
Cc:
Mr Garry McIntosh, Associate to His Honour Mullaly J. judgemullaly.chambers@countycourt.vic.gov.au

20
Ref; 20151202-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- Re APPEAL-15-2502-Re Failure to comply with court
order-etc
25
Sir/Madam,
see attachment 20151202-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- -Re APPEAL-15-2502Re
Failure to comply with court order-etc
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--
107 Graham Road
Viewbank 3084, Victoria, Australia
Author of INSPECTOR-RIKATI books on certain constitutional and other legal issues.
THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED
END QUOTE
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As such the court can verify, even if they didnt read the attachment that in fact they received the same.
And yes lawyers at time claimed not to have received the email while the court discovered it was their
correct email address as well as the court had received a copy of the same. Meaning the lawyer was
claiming a falsehood.
5
I will also quote my most recent email to Mr Wayne wall (informant):
QUOTE
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Mr Wayne Wall, Municipal Fire Prevention Officer

buloke@buloke.vic.gov.au
Cc:
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19-12-2015
Buloke Shire Council (Councillors) buloke@buloke.vic.gov.au

Elliott Stafford and Associated lawyers@elliottstafford.com.au
Ref; 20151219-Schorel-Hlavka O.W.B. to Mr Wayne Wall - Re APPEAL-15-2502 -Re legislative enforcement powers-etc
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Wayne,
I urge you to consider a proper training course for yourself and/or get involved in firefighting with
the CFA so you may gain some knowledge and understanding what your duties and obligations are as a
Municipal Fire Protection Officer.
For example you demand in the numerous Fire Protection Notices that certain growth must not be more
than 100mm (Regardless along the highway it is at time higher than 1500 mm.) but there is to my
understanding no legislative provision for you to demand growth to be kept to 100 mm of land holders.
It is essentially a provision you have implemented to micromanage private property while disregarding
the same on public properties and not within the provisions of the Country Fire Authority Act 1958 (Vic)
You legal advisers (if they can understand and comprehend legal provisions that is appropriately)
may like to read up on Garcia v New York Health Departnet (http://thefullertoninformer.com/newyork-court-issued-a-decision-today-that-overtured-a-mandate-that-had-required-all-children-age-6-monthsthrough-59-months-to-be-forcibly-vaccinated/) in which the Court sets out that an administrative body
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cannot assume legislative powers, which in effect you appeared to have by violating the
provisions of the Country Fire Authority Act 1958 (Vic) by demanding that all combustible remove
material from property whereas the Act (s41) itself exclude certain items. Also where is the evidence that
a growth at 100mm or lower is any protection against fire danger and indeed so provided for by the
legislature? It appears to me that you and perhaps also other Municipal Fire Prevention Officers also, have
exceeded the delegated powers provided for by the Parliament and simply uses it as your personal power
base top dictate whatever you may deem suitable to yourself. As the Court in the above mentioned case
made clear that where a provision is Ab Initio from onset than any other legal arguments must fail. Any
invalid Fire Protection Notice cannot be in legal terms amended as if the Fire Prevention Notice was
invalid (a nullity) Ab Initio then a later purported amendment cannot overcome this invalidity in law.
In my view your overall conduct may amount to place communities as well as motor vehicle and
other traffic as well as CFA firefighters at undue and unnecessary risk where you seek so to say
micro manage private properties and act negligee/derelict of your duties to ensure that fire danger
is as much as possible kept to a minimum. Obviously the question also will be under what legal
authority can Buloke Shire Council demand payments to itself (regarding purported Infringement
Notices) regarding alleged enforcement of State legislation! I have currently an elaborate FOI
request outstanding regarding this and other issues.
I look forwards to your positive reply!
50

Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
END QUOTE
55
Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 (28 April 1998)
p10
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11
Dawson J pointed out in Hunter Resources Ltd v Melville when discussing the
statutory provision in that case: "substantial compliance with the relevant
statutory requirement was not possible. Either there was compliance or there
was not."
5
10
The last paragraph of your correspondence makes it obviously clear you were well aware of my
OBJECTION TO JURISDICTION. While you may have suggested I seek legal advice it might be better
for the adversaries and the court do obtain some competent legal advice what an OBJECTION TO
JURISDICTION stands for and how it is to be dealt with. After all His Honour Mullaly J failed to order a
jurisdictional hearing and somehow misconceive the same can be heard during a trail which simply
cannot, as it must be determined on its own before a judicial officer who will have no other involvement
in the case and this judicial officer then has to determine if the OBJECTION TO JURISDICTION is to
p11
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12
succeed or not and then issue reasons of judgment upon the evidence of any or both of the parties, where
however the objector doesnt have to disprove jurisdiction.
I understand that on the 3 occasions I made my written submission as to OBJECTION TO
JURISDICTION (208-2015, 17-9-2015 AND 30-10-2015) not one did you or those acting on your
behalf submit to the court any evidence the court any material to seek seeking to prove jurisdiction and
by this overcome each and every element of material I submitted also in additional supports of my
OBJECTION TO JURUISDICTION!
And while on legal technicalities I will also quote the following Authority:
10
CRUDEN v. NEALE 2 NC 338 Chief Justice Paul de Jersey AC [1796]
http://www.publicnoticeposted.com/cruden.htm
QUOTE
15
20
25
"When we speak of the law, we contemplate the legislature which enacts it, the police service which
enforces it at least on the criminal side, and the courts of law which ensure the delivery of justice according
to law.
It must be remembered that the charter of the courts is not to do justice, but to do justice according to law.
Subjective notions of justice vary immensely from person to person. The legal system would be unworkably
uncertain and unpredictable if judges applied their idiosyncratic notions of what is just. Accordingly, judges
and police officers, are constrained by the law enacted by the peoples elected representatives in the
Parliament.
The stipulation is for equal justice, of which the probably best-known symbol of the Supreme Court is the
statue of Themis standing with dignity before the courthouse in George Street. She is quite regularly
displayed in television coverage of legal proceedings. That regular air time probably increases her notoriety,
but more fundamentally, it reflects her enduring iconic status an ancient goddess whose influential message
still defines modern civil society."
END QUOTE
Again:
30
CRUDEN v. NEALE 2 NC 338 Chief Justice Paul de Jersey AC [1796]
http://www.publicnoticeposted.com/cruden.htm
QUOTE
The legal system would be unworkably uncertain and unpredictable if judges applied their idiosyncratic
notions of what is just.
35
END QUOTE
While His Honour Mullaly J as I understood it expressed himself, before even anything was stated by the
parties as to that I was a person who held the law applies to anyone else but himself, the truth is I pursue
the law to apply to everyone including politicians, lawyers and judges!
40
45
As I indicated in my numerous writings the Fire prevention Notice was in violation of the legislative
provisions and hence a nullity Ab Initio. The Court cannot invoke jurisdiction upon hearing and
determining something that legally doesnt exist. Hence, the Infringement Notice was without legal basis.
The 20 August 2015 Magistrates Court of Victoria at St Arnaud never dismissed my ADDRESS TO THE
COURT written submission of OBJECTION TO JURISDICTION and as such didnt invoke jurisdiction
to even adjourn the matter till 17 September 2015 and as such neither on 17 September 2015 invoked
jurisdiction when my then 17 September ADDRESS TO THE COURT yet again contained an
OBJECTION TO JURISDICTION which then was also not disposed of and hence the court never
invoked jurisdiction.
50
55
Neither should it be overlooked that from onset I opposed St Arnaud venue as being not the appropriate
venue (without conceding jurisdiction) in regard of any litigation involving my property at Berriwillock
as Sean Hill or the Heidelberg venue (temporary at Ringwood, City of Melbourne or Broadmeadows due
to water damage to the Heidelberg venue) were the 2 appropriate venues. I understand however that as
you had also other matters at the St Arnaud venue (as the 17-9-2015 court recording indicates) you
ignored my legal rights.
p12
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13
.I noted also that the PURPORTED notice of appearance is undated:
10
15
20
Besides that it is out of time and I view is unacceptable because of it, even if it was dated, the fact remains
that the very intention of your client Buloke Shire Council is to pursue so to say legal technicalities and
yet itself with its legal representatives has done nothing but failing to abide by legal technicalities. If
lawyers cannot manage to comply with legal technicalities why then are the courts ongoing pursuing legal
technicalities against accused/defenders who have not had any formal legal training, I may ask?
In fact you provided no material to support that you previously made any NOTICE OF APPEARANCE
and never, even if the incorrect forma was used (not that this is an excuse) you never did serve this either
upon me. Hence, I do not accept service of the NOTICE OF APPEARANCE. I may indicate that even
last night I was wondering when you eventually may come around and what excuse you would have for
failing to serve this in time!
And again you never sought any leave to serve out of time the brief as was required by His Honour
Mullaly J on 30-10-2015 by His Honours orders. And for the record never was any complete brief served
upon me, even without leave, not that I indicate this would be acceptable as service.
If the Rule of law applies then no doubt a decent, fair minded judge will deplore the conduct of Buloke
Shire Council and its legal representatives and may well despise this kind of conduct where such as on 19
December 2015 there were reportedly more than 300 fires raging through Victoria and yet we have
Buloke Shire Council leaving years of build-up of dead wood, etc, along the highway as a fire danger
while seeking to absurdity persecute me for what is no issue at all.

25

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20151221-Schorel-Hlavka O.W.B. To ES&a Your Ref LA-05-06-Re APPEAL-15-2502 - Re Failure To Comply With Court Order-Etc

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Elliott Stafford and Associated

Mr Peter Kidd CJ County Court of Victoria, feedback@countycourt.vic.gov.au

Alison May| Legal Practitioner

From: Hannah.Feeney@countycourt.vic.gov.au [mailto:Hannah.Feeney@countycourt.vic.gov.au] On

Rebecca Orpwood | Legal Assistant

PRIVATE & CONFIDENTIAL

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

hereby, I give notice that as I am representing myself as a CONSTITUTIONALIST and

It should be understood that my request for a brief was:

QUOTE 27-10-2015 CORRESPONDENCE

Mr Wayne Wall, Municipal Fire Prevention Officer buloke@buloke.vic.gov.au

Today at 5:39 AM (27-10-2015)

MAY JUSTICE ALWAYS PREVAIL

Awaiting your response,

END QUOTE 27-10-2015 CORRESPONDENCE

http://www.drink-driving-lawyers.com.au/pleading-guilty-or-not-guilty END QUOTE

that the rules of court are there to be observed.

MAY JUSTICE ALWAYS PREVAIL

Message 5 of 100 < >

20151202-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- -Re APPEAL-15-2502Re

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

Mr Peter Kidd CJ County Court of Victoria, feedback@countycourt.vic.gov.au

Mr Martin Pakula, martin.pakula@parliament.vic.gov.au & attorney-general@justice.vic.gov.au

Mr Wayne Wall, Municipal Fire Prevention Officer

Buloke Shire Council (Councillors) buloke@buloke.vic.gov.au

MAY JUSTICE ALWAYS PREVAIL

CRUDEN v. NEALE 2 NC 338 Chief Justice Paul de Jersey AC [1796]

MAY JUSTICE ALWAYS PREVAIL

Awaiting your response,

(Our name is our motto!)

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