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Buloke Shire Council (councillors)

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Cc:

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8-2-2016

buloke@buloke.vic.gov.au
Mr Garry McIntosh, Associate to His Honour Mullaly J. judgemullaly.chambers@countycourt.vic.gov.au
Mr Wayne Wall & 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
Essential Service Commissioner (Fair Go Rates System) localgovernment@esc.vic.gov.au
Ref; 20160208-Schorel-Hlavka O.W.B. to ES&a Your ref LA-05-06- -Re APPEAL-15-2502 Re COMPLAINT-etc

Sir/Madam,

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this is a COMPLAINT as to the scandalous manner Buloke Shire Council is wasting monies
and I am informed by the Essential Service Commissioner that Buloke Shire Council regarding the Fair
Go Rates system seeks to increase rates beyond the CPI.
Apart that I have made clear all along that municipal/council rates are unconstitutional a fact also remains
that by s109 of the constitution also any increases regarding those on a pension or welfare benefits must
be kept to a maximum of the CPI (at least since the ALP introduced this in 2009). This as the higher
increase undermines the federal government intent to provide pensioners and other welfare recipients with
a decent standard of living.
Buloke Shire Council employed a Municipal Shire Prevention Officer who I view was never properly
trained and doesnt seem to understand what the legal provisions are about and as result issues ongoing
Fire Prevention Notices that are in violation to the legal provisions of the Country Fire Authority Act
1958.Then ES&a legal practitioners sent me a correspondence without their contact details for me to
contact Mr Wayne Wall the Municipal fire prevention Officer. Now how dumb is this to demand I contact
the Municipal Fire Prevention Officer who fails to understand/comprehend the legal issues. Surely you
would expect to have more competent lawyers representing Buloke Shire Council? When for example I
took over the Colosimo case from his previous barrister, the first thing I did was to check the legalities of
the various notices and discovered they were invalid as they were issued in violation to the legislation.
Surely you could therefore engage lawyers who at the very least in this matter against me could have the
capacity and competence to check the basic issues upon which Buloke Shire Council seeks to litigate
against me? In my view a competent lawyer would have advised Buloke Shire Council to withdraw all
and any Fire Prevention Notice that contained demands in violation of the legal provisions of the Country
Fire Authority Act 1958.
The lawyers instituted the legal proceedings to be heard in the Magistrates Court of Victoria at St Arnaud
the incorrect venue, this as either Swan Hill or my nearby residential Court Heidelberg venue (currently
Melbourne city William Street venue) should have been used.
While the lawyers commenced to litigate, despite my elaborate prior writings, to Buloke Shire Council,
somehow they couldnt even manage a simple full brief where it appears to me they failed to provide
one to the court and myself. The inappropriate full brief that was provided to me (albeit not served) had
a hearing date of 18 March 2013 whereas the Form 11 was signed on 25 November 2015. Surely anyone
would be aware that you cannot have a brief signed on 25t November 2015 that was before the court on
18 March 2013 and then regarding an Infringement Notice that was issued on 17 November 2014!
On 30 October 2015 Counsel appearing for Buloke Shire Council (albeit no Notice of Appearance was
filed to allow for this representation, hence in real terms there was no appearance by Buloke Shire
Council or on its behalf, nevertheless His Honour Mullaly J was informed that Buloke Shire Council
needed a week to provide me with the full brief. Counsel claiming that Buloke Shire Council had
received the request yesterday this even so email records prove it was in fact 3 days before the hearing.
p1
8-2-2016
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

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Again they couldnt even manage to file and serve a Notice of appearance as is required by law.
I refused to accept as service both the purported brief and the purported Notice of Appearance.
I did however notify Buloke Shire Council (albeit it is not my obligation) that it should request for leave
to serve out of time regarding any material it served too late. I am not aware they did so regarding the
purported full brief and the purported Notice of Appearance.
I am pursuing exemplary damages against councillors also as I provided them ongoing with copies of
my writings and must be held legally accountable to permit this absurdity by their lawyers to continue.
Councillor Milne wrote to me to the effect that he doesnt know what is going on and one then has to
ask if Buloke Shire Council is wasting what it collects as rates to unjustified litigation against whomever
using as I view it incompetent lawyers.
The lawyers also as I understand it claimed cost regarding my writings on 17 September 2015 albeit
without presenting any evidence from the witness box, while concealing from the court the authorities that
were contained in my writings. And without setting out let alone respond appropriately about my
OBJECTION TO JURISDICTION.
Neither have they been able to manage to provide the court with a set out as to why the court has
jurisdiction, if that is what they pursue, as without this the court can but only rule in my favour, as it did
on 19 July 2006 when then also I OBJECTED TO THE JURISDICTION of the court.
The court can only adjudicate upon any evidence properly presented to the court and this seems to be
badly failing for and on behalf of Buloke Shire Council. For sure the full brief now purportedly for the
22 February 2016 hearing contains images but they appear to me to be the product of trespassing and as
such inadmissible.
I will refrain from quoting the numerous Authorities as I wrote ample about them in the past. Safe to say I
will object to Buloke Shire Council request for increase of rates as clearly it is wasting so called rate
payers hard earned monies on vexatious litigation.
On top; of that rates used to be because municipal/shire councils were for example providing services
such as garbage collection. However, as no one resides on the property no garbage service is used and yet
Buloke Shire Council nevertheless I view unlawfully charges me about $360.00 a year, and considering
that my wife and I are senior citizens that is a lot of monies to be defrauded of.
As such the rates which are supposed to cover garbage collection now is without it and I am slugged
about $360a year for non-collection of garbage.
Then we had this nonsense of municipal/shire councils spending monies on this constitutional
referendum, that never eventuated, that was nothing to do with municipal/shire councils representing the
so called rate payers but rather a gross abuse and misuse of monies.
With the current litigation by Buloke Shire Council against me it means that win or lose I still end up
paying for the litigation. That is something I object to and view that this kind of irresponsible conduct by
councillors must stop.
Worse is that Buloke Shire Council in litigating against me is wasting monies that could be better
used to keep the soft shoulders of the highways clear of fire danger as to prevent fire fighters being
placed at the peril of real fire dangers along the highways.
While municipal/shire councils may desire to gain more power and so willing to accept delegated powers
from the State government it never should be the cause of burdening citizens within the shire to being
extorted more monies as result as municipal/shire councils were created to look after the interest of its
citizens and not to act against its citizens, as it turns out to do now!
This COMPLAINT should be independently investigated as to why Buloke Shire Council maintained
this litigation against me with using legal practitioners who I view should never have passed law school
considering their inept conduct in litigation, such as set out above briefly.
In my view Buloke Shire Council would have done better to obtain (as I suggested long ago) a second
opinion from competent lawyers as this may have avoided the waste of hard earned monies of citizens
now used to so to say keep lawyers in a job, rather than pursuing any justified genuine litigation.

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!)

p2
8-2-2016
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