Page 1

Melinda Hampshire Registrar

18-2-2016

Melinda.Hampshire@courts.vic.gov.au & registry.ballarat@countycourt.vic.gov.au

Cc:

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
Mr Garry McIntosh, Associate to His Honour Mullaly J. judgemullaly.chambers@countycourt.vic.gov.au
Re: 20160218-Schorel-Hlavka O.W.B. to Melinda Hampshire Registrar-Re APPEAL-15-2502--Re 22-2-2016 hearing-Medical issues

Melinda,

I had my appointment with the doctor at 4PM but while at OfficeWorks printing out the
written submissions I discovered that after I had made the appointment on 17 February 2016 for
4 and received confirmation by text to my mobile at 16.01 I had received at 17.12 on 17 February
2016 from my usual doctor a request to contact her. Usually doctors do not contact patient s as I
understand it and where I had already an appointment with a different doctor at the same clinic it
was rather surprising to me to get this text message. Nevertheless I decide to immediately go to
the medical centre and saw her. The doctor indicated that she had seen the ex-rays and while she
was aware I had a blood test last October she wanted me to have a blood test tomorrow (Friday
192-2016) as well as having a test done for blood cloth for me to attend to the nearest place at
115 Plenty Road Bundora. I attended to 115 Plenty road but was told they no longer do this kind
of test and was given 230 Somerton road Epping. When I arrived there I was advised that they
were booked out for several weeks and I better go as soon as possible to another facility. I
explained that I had a court case on Monday and so I ended up with a booking early Wednesday
morning, however I understood I can change this to Monday if needed.
My wife who used to work in the laboratory at Royal Melbourne Hospital explained to me that it
would be totally irresponsible for me to undertake any long distant driving to Ballarat as in an
emergency I would be without any service, and if an ambulance had to drive down onto a
freeway precious time might be lost and it be too late for me to obtain the required assistance.
As my wife explained the fact that this doctor contacted me means she has certain concerns and
without any test results I have no alternative but to not ignore the doctors concern.
I have spent about 40 years at the bar table (even so not being a lawyer) and represented/assisted
lawyers including a QC, and as such well aware that if I were to fabricate something I could face
serious charges. I have my mobile text records to prove what I am stating.
Further, as I stated
QUOTE
Later today I will be attending to my doctor to find out if the x-ray indicate an urgent leg operation
(as occurred twice before) and as such my appearance will be depending upon what the doctor may
hold having to be done. Where possible I will notify the court as soon as possible if there is any
problem to appear

END QUOTE

Well the doctor I usually attend to (but was not available last week- hence I saw a different
doctor) has stepped in because of her concerns. This obviously means that I required you to make
appropriate arrangements to avoid me having to travel to Ballarat in the circumstances.
p1
18-2-2016
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 2
.
I prepared the written submissions (ADDRESS TO THE COURT) well aware that I may be
prevented from travelling, due to the ongoing health problems I have been suffering. And His
Honour Mullaly J permitted me to remain seated at the 30 October 2015 hearing and as did the
trail judge on 19 July 2006 in my successful appeals also then due to my health problems. And it
is a matter of records that I had several operation on my leg.
There can be absolutely no doubt that I opposed the jurisdiction even before any litigation was
filed in court, and as such had the Magistrates Court of Victoria at St Arnaud then dealt with the
matter this ongoing litigation saga would never have eventuated.
I opposed the transfer of the case from William Street Melbourne to Ballarat for various reasons
and again His Honour Mullaly J was made aware of certain problems. It was part of my written
submissions (ADDRESS TO THE COURT) that Ballarat was the wrong venue also.
On a legal basis (considering the rules of the court and court orders 30 October 2015) no valid
Notice of appearance was filed by or on behalf of Buloke Shire Council and my written
submissions (ADDRESS TO THE COURT) set this out in details and so I refer to this.
Further, no valid full brief was filed and/or served and hence no case exist before the court,
even if (without conceding the court could do so) it were to dismiss my OBJECTION TO
JURISDICTION. Again the written submissions (ADDRESS TO THE COURT) sets this
out. As also the written submissions (ADDRESS TO THE COURT) sets out no application
for leave to file and/or serve out of time was to my knowledge filed let alone granted and as
such time for this has long expired, nevertheless the written submissions (ADDRESS TO THE
COURT) sets out authorities in case at the last minute an attempt was being made for this.
As I did set out in previous written submissions (ADDRESS TO THE COURT) the
Parliament held that electronic filing was acceptable and as such my conduct to forward the
written submissions (ADDRESS TO THE COURT) must be deemed appropriate.
In a legal sense my OBJECTION TO JURISDICTION is not opposed as Buloke Shire
Council at no time (including the Magistrates Court of Victoria at St Arnaud) file a shred of
evidence to prove otherwise.
Also my appeal is not nor can be deemed to be opposed because besides the failure to file in time
the Notice of appearance there is no evidence validly filed and/or served as set out in the
written submissions (ADDRESS TO THE COURT).
As such, where I have given considerable efforts to set it all out in the written submissions
(ADDRESS TO THE COURT) what I hold are grounds for the OBJECTION TO
JURISDICTION then even if the court were to desire to proceed with hearing this matter on the
basis of my written submissions (ADDRESS TO THE COURT) then without any opposition
known in law then my OBJECTION TO JURISDICTION cannot fail, at least in my view.
It is not for the court to now provide an opportunity for Buloke Shire Council to file and serve
details/material/evidence which it failed to do since at least 20 August 2015. In my submission it
would be a misuse and abuse of judicial power to provide further opportunity for Buloke Shire
Council to do so, as unlikely would the court do so for any unrepresented party.
Obviously the court could transfer the case back to William Street Melbourne venue, to avoid for
me long distance travelling but it could not use this to then allow Buloke Shire Council to
file/serve details/material/evidence which it could have done so long ago but for whatever reason
didnt do so.
As my own vehicle is at the moment not usable and I have been using my wifes motor vehicle
she has made clear that in the circumstances as the owner of the motor vehicle she cannot permit
me to drive her vehicle as in the event of an accident (due to my health problems) she would be
liable. This also adds to my problem to attend to the Ballarat venue. In particular if it could cause
harm to other road users. Using a train wouldnt allow me to attend at 10 am, and as a senior
citizen I lack the funds to spend time overnight in hotels neither should I have to incur
horrendous cost where I all along opposed jurisdiction.
p2
18-2-2016
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 3
.
I request you to vacate the 22 February 2016 hearing date any of the above suggested options are
not acceptable, as obviously the seriousness of a blot cloth could have considerable consequences
if this were to cause me to fall ill during any form of travelling. It is not only the travelling to the
court but at the court and returning home would be problematic times.
QUOTE ( including typo errors)

Re: Appeal
From

Mr G. H. Schorel-Hlavka O.W.B.

To

registry.ballarat@countycourt.vic.gov.au

Reply-To

admin@inspector-rikati.com

Date

Today 11:11
Message 1 of 133 < >

20160201-Schorel-Hlavka O.W.B. to County Court of Victoria-Re Buloke Shire Council APPEAL-15-2502-ADDRESS TO THE COURT.pdf
20160214-Schorel-Hlavka O.W.B. to Assoc Mr Garry McIntosh to His Honour Mullaly J
CCV-Re APPEAL-15-2502-Re ADDRESS TO THE COURT Supplement 1-Re 22-2-2016
hearing.pdf
20160217-Schorel-Hlavka O.W.B. to Assoc Mr Garry McIntosh to His Honour Mullaly J
CCV-Re APPEAL-15-2502-Re ADDRESS TO THE COURT Supplement 1-Re 22-2-2016
hearing.pdf
Mel, Registrar,
Thank you for providing the detasils of the Ballarat venue location.
Can you p;rovide details as to parking facilitiesavailable for those attending to the court?
Also, can you make sure that the written submissions in the ADDRESS TO THE COURT dated 1-22016, 14-2-2016 and 17-2-2016 will be on court file?
I intend to bring printed out copies along also.
In view that I continue to challenge the jurisdiction of the court by my OBJECTION TO JURISDICTION
ist is essential that the judge is aware of this and that any appearance by me wiis not intended and
must not be perceived that I in any way relignuish my objection.
Later today I will be attending to my doctor to find out if the x-ray indicate an urgent leg operation
(as occurred twice before) and as such my appearance will be depending upon what the doctor may
hold having to be done. Where possible I will notify the court as soon as possible if there is any
problem to appear.
Just in case you do not have already the ADDRESS TO THE COURT on file I attach them hereby again.
As I explained to His Honour Mullaly J on 30 October 2015 that once a judge refused to consider the
content of the ADDRESS TO THE COURT and on appeal the Full court set aside the orders on the basis
His Honour made an error in law not to consider my written submissions.
Thanks
---

Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia

p3
18-2-2016
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

Page 4
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

On 2016-02-18 00:50, registry.ballarat@countycourt.vic.gov.au wrote:

Good Morning
Please note the Ballarat County Court is located at 100 Grenville St Sth Ballarat
Vic 3350, the postal address is PO Box 604 Ballarat Vic 3350.
Regards
Mel
Registrar
Ballarat County Court
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
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If you are not the intended recipient, please notify the sender immediately and delete or destroy all
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Our organisation respects the privacy of individuals. For a copy of our privacy policy please go to our
website or contact us.

END QUOTE

While I have been providing Buloke Shire Council lawyers with copies of writings it is not
intended and neither must be perceived that I recognise their representation as valid because
again no Notice of appearance was filed and served within the required time period by the rules
of the court.
The written submissions (ADDRESS TO THE COURT) Supplement 1 (14-2-2016) sets out
the numerous failures. In my view no fair minded judge could hold that this is a reasonable
conduct by legal practitioners.
Again, it was the doctor who contacted me via text message on my mobile because of her
concerns and I view any fair minded judge would accept doctors generally do not do so unless on
medical grounds they have a real concern, and that should not be ignored by anyone.
As the written submissions (ADDRESS TO THE COURT) supplement 2 (17-2-2016) on the
last page sis submit that orders and judgment be reserved then clearly a judge could consider it
all and then if desiring to do so hand down a reason of judgment and orders upon the content of
the written submissions (ADDRESS TO THE COURT) with its supplement 1 & 2,
considering also no (valid) material was filed and/or served by Buloke Shire Council.
I look forwards to your reply and confirming appropriate resolve to the issues raised in this
correspondence.
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!)
p4
18-2-2016
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, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati