Page 1

Mr Garry McIntosh, Associate to His Honour Mullaly J.

judgemullaly.chambers@countycourt.vic.gov.au
Cc:

27-12-2015

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
Elliott Stafford and Associated
lawyers@elliottstafford.com.au
County Court of Victoria crim.reg@countycourt.vic.gov.au
Re: 20151227-Schorel-Hlavka O.W.B. to Associate Mr Garry McIntosh to His Honour Mullaly J County Court of VictoriaRe APPEAL-15-2502-How the courts are misused-etc

Sir,

I will commence to quote from the Framers of the constitution and well I view this is typical
also of Australian courts.
Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. SYMON (South Australia).-The only argument I have heard in support of the argument of my
honorable friend (Mr. Glynn) was that which O'Connell used in the House of Commons. He said that he was
concerned in a case in which a prisoner was being tried for murder. The case was tried in Ireland. The one
witness who was called for the defence was the murdered man. There was no doubt as to his identity,
but the jury found the prisoner guilty.
END QUOTE

When His Honour Mullaly J commented not wanting to waste the courts time, it was clear to
me His Honour Mullaly J doesnt seem to understand/comprehend how the country court of
Victoria, as other courts so to say are led by the nose and wasting valuable court time on
vexatious litigation. Regretfully far too often the victim has no recourse to justice as even when
filing an appeal the appeal will be on legal issues and not to reality.
.

In my view it is well overdue that someone exposes the rot in the court systems and that victims
are far too often left without any way to obtain justice. So, if Huis Honour Mullaly J desires so to
say to take me on as to credibility then well let see about the courts credibility.
And if you find that the material reproduced below is authentic then as an OFFICER OF THE
COURT I view you are bound to inform the court about this and the Court must set aside its
judgment. And the Court then should investigate how many perhaps hundreds of like cases were
wasting the courts time where it ended up making orders against innocent persons because the
court system fails to provide justice? Having been a constitutional adviser to a lawfirm, as well
as spend decades researching clients files held by lawyers, I learned the rot that went on and how
they exploit the legal processes to their advantage to dupe innocent victims and the court simply
has no system in place to deal with this elaborate fraudulent conduct perpetrated by OFFICERS
OF THE COURT against the court itself.
I will now quote the 7 August 2015 correspondence of GE Moneys (GE) to Mr John Murray
Abbott to make a point and how this was a gross abuse of the County Court of Victoria legal
processes.
p1
27-12-2015
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

Page 2

p2
27-12-2015
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

Page 3

Yet, this was a matter in which the County Court of Victoria in GE Finance Australasia Pty Ltd v
John Murray Abbott.
p3
27-12-2015
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

Page 4
Will the Country Court of Victoria set aside a fraudulent obtained Court order, I doubt it?

Because court orders are to be supervised by the Court and the Sheriff is there to ensure they are
appropriately complied with, this also means the Court is responsible for its orders it issued by
having been obtained fraudulently and the sheriff then should act to arrest the offenders and
bring them before the court. Or is the court viewing the sheriff is merely to act as some terrorist
so to say to imprison little old ladies who allegedly were overstaying a parking limit.
Oh I get it His Honour Mullaly J made clear that for an ex parte (criminal) hearing no evidence is
needed.
So if Banyule City Council issues a Fire Prevention Notice against the occupiers of 106 Graham
Road, Viewbank then followed with an Infringement Notice then His Honour Mullaly J so it
appears to me would have no issue to issue orders against106 Graham Road occupiers. The fact
that 106 Graham Road, Viewbank doesnt exist as the number goes 104 then 108 as where 106
used to be is a street, obviously is not relevant to His Honour Mullaly J as his intelligence
appears to be that where the owner doesnt appear (one wonder how a non-existing owner can
appear! Houdini?), but still it seems to me His Honour Mullaly J would find it justice to issue
orders and non-compliance would result with the Sheriff by warrant to suspend the driver
license and motor vehicle registration.

How idiotic legal system is there in place, I wonder?

And contrary to His Honour Mulallay J claims that no evidence is needed, the Court
documentation includes the following:

Where then by 30 October 2015 I had still not been provided with any Full Brief then clearly the
court couldnt consider this either! As a matter of fact even to this day no proper full Brief was
served upon me, as being it beyond the time limits ordered by His Honour Mullaly J and no
Leave to serve out of time was applied for and neither therefore granted, it means that no full
brief could be deemed to have been served.
In any event, regardless if one were to consider that a magistrates court can rely upon a full
Brief where none was served than this cannot be considered in the circumstances, besides the
failure to deal first with the OBJECTION TO JURISDICTION.
Do not for a moment I am attempting to make out that His Honour Mullaly is some so to say nut,
because I view he is doing ample of it by himself and doesnt need me to assist him in it.

p4
27-12-2015
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

Page 5

Moment, Her Honour Lewitan holds that where no evidence is presented an appeal should
succeed but His Honour Mullaly seems to have the view that you dont need any evidence in an
ex parte (criminal) case. And this where the Commonwealth was already defeated by me on 4-82005 that averment doesnt apply in the litigation!
p5
27-12-2015
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

Page 6

Well, lets look upon this a bit closer.

The document can be downloaded from:
https://www.scribd.com/doc/294021255/20150813-G-H-Schorel-Hlavka-O-W-B-to-Mr-John-MAbbott-Re-GE-AR-226183-Re-AGC-0045873235
QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235

QUOTE (Red colour and bolding added)

Then in the 10 January 2006 correspondence of Gadens lawyers to myself;
QUOTE
Dear Sir
GE Finance Australasia Pty Ltd v John Murray Abbott
Supreme Court of Victoria Proceedings No. 6690 of 2005
We refer to your further letter dated 10 January 2006, and respond as follows.
As you are aware, we are instructed by Bridgement Smith Collections acting in the capacity as agent for GE Finance
Australiasia Pty Ltd (GE).
In regard to payment of funds from your Bank West loan settlement, Bridgement Smith has obtained its instructions
from GE that all funds be paid unto our trust account.
Yours faithfully
Patrick Walsh
Partner
END QUOTE

It appears to me to be clear that Gadens lawyers were claiming to represent Bridgement Smith
Collections acting in the capacity as agent for GE Finance Australiasia Pty Ltd (GE) and as such GE had in
my view a legal obligation to step in, such as seeking leave to interven, as to make clear to the
Court that it had not and neither intended to authorize Bridgement Smith Collections acting in the
capacity as agent for GE Finance Australiasia Pty Ltd (GE) as claimed by Gadens Lawyers.
END QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235
QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235

QUOTE CORRESPONDENCE 14 January 2006

Mr. Christopher Gerard Vanderkley
Director GE Finance Australasia Pty Ltd
Fax: (03) 99216177

Mr. John M. Abbott

1 Piccolo Street
Coomera Waters
QLD, 4209
Ph/Fax: (07) 55734041

14 January 2006
Dear Sir
Re:

GE Finance Australasia Pty Ltd -v- John Murray Abbott

On the 7 December 2005, a default order in the County Court of Victoria in favour of Australian Guarantee
Corporation Pty Ltd (AGC Pty Ltd) formerly trading as Australian Guarantee Corporation Limited (AGC Ltd) for an
amount in excess of $167,000.00.
The acting legal agent for AGC Pty Ltd was Rotman and Morris acting for Bridgement Smith Collections.
On the 16 December 2005, an enforcement order of the Supreme Court of Victoria was obtained against me for the
principal sum, interest and costs, which the total may amount to on, or about $229,267.30.

p6
27-12-2015
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

Page 7
From onset, I have made every attempt to request from GE Money what if any claim was being made against me and
if GE were involved in the said court proceedings. So far, GE has not been forthcoming with any correspondence
and/or assistance to me to clarify what if any claim GE had or has against me.
END QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235
QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235

It later turns out that Bridgement Smith Collections let the cat out of the bag so to say when by way of their letter to
me dated 22 December 2004 and after obtaining a judgment by default in the County Court on the 7 December 2004,
the letter mentions:
Re:

CREDITOR: GE FINANCE AUSTRALASIA Pty Ltd

AMOUNT OWING $167,247.66
Therefore, finally, and after many letters, phone calls and the like, Bridgement Smith Collection made it known to
me (and others) that GE was allegedly the Company involved or so it seems.
It appears odd that where Bridgement Smith filed the action in the County Court as Australian Guarantee
Corporation Pty Ltd formerly Trading as Australian Guarantee Corporation Limited and the after obtaining orders by
default then send me a demand letter to pay GE Finance Australasia Pty Ltd.
END QUOTE 20150813 G. H. Schorel-Hlavka O.W.B. to Mr John M Abbott Re GE AR 226183 Re AGC 0045873235

So here we have it that the County Court of Victoria issued orders of a non-existing debt of a
non-existing account. After all who needs evidence?
Well, the link reproduced above but again I will reproduce it below provides extensive details
and well to me this was one almighty con-job and it seems this is not wasting the courts time?
Unlike 106 Graham Road, Viewbank in this matter Mr John Murray Abbott was a real living
person and well he tried to appeal but limited to errors of law he lost.
Will the Country Court of Victoria set aside a fraudulent obtained Court order, I doubt it?
The document can be downloaded from:
https://www.scribd.com/doc/294021255/20150813-G-H-Schorel-Hlavka-O-W-B-to-Mr-John-MAbbott-Re-GE-AR-226183-Re-AGC-0045873235
This is how absurd the County Court of Victoria operates and it seems to me when you got
people like His Honour Mullaly J making statements such as what I understood to be you are a
person who thinks the law applies to everyone but to yourself then it underlines to me that His
Honour Mullaly J needs some basic retraining as to what the Rule of law actually stands for.
I did ask you to provide me free of charge a type written transcript of the 30 October 2015
hearing but this was refused. Well I have now emailed out copies of the audio recording to others
so perhaps they may be able to transcribe it for me.
With my self-professed crummy English I hat e mistype something and this could perhaps
result in people gaining the view that His Honour Mullaly is a total idiot, but then again nothing
prevents them to conclude that merely listening to the audio recordings, if that is their conclusion
from what they hear.
It must be clear that the County Court of Victoria is having a legal process where judges appear
to be gullible to issue orders on vexatious/fraudulent litigation involving OFFICERS OF THE
COURT. And, as the link shows I personally at the time notified each and every directors of GE
and they simply let it go on and on. And as I view it Gadens Lawyers were complicit to every
extent to pervert the course of justice. Mr John Murray Abbott had the impression he was an
isolated case but my own private investigations gave me the understanding this was an elaborate
scam and one then has to ask was the court receiving kick-backs or something like that for
dealing with fictitious cases of debt and using legal technicalities to prevent an innocent victim
from obtaining justice?
The bill, after the Supreme Court failed appeal, was in excess of $229,000.00 and that doesnt
include the interest and other charges Mr John Murray Abbott incurred to borrow those moneys.
Well as you are an OFFICER OF THE COURT you are in my view duty bound to notify the
court of this matter and see if the court has any credibility to pursue the offenders, including the
lawyers, and set aside the orders it originally issued against Mr John Murray Abbott?
p7
27-12-2015
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

Page 8
Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.

Fraus et jus numquam cohabitant. Fraud and justice never agree together. Wing. 680.
http://familyguardian.taxtactics.com/Subjects/LawAndGovt/ChallJurisdiction/AuthoritiesArticle/AuthOnJurisdiction.htm
QUOTE
37 Am Jur 2d at section 8 states, in part: "Fraud vitiates every transaction and all contracts. Indeed, the
principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into
which it enters, and that it vitiates the most solemn contracts, documents, and even judgments."
END QUOTE
Taylor v. Taylor (1979) Fam LR 5, 289289 at 290 298 and 300 HIGH COURT OF AUSTRALIA
QUOTE
In my opinion, the words 'false evidence' in s79A(1) do not mean evidence which is wilfully false. The subsection should be read according to its terms. To say that 'false evidence should be read as 'wilful false
evidence' is to introduce a provision not expressed by the provision; cf s6H of the Royal Commission Act
1902 which speaks of a witness 'who knowingly gives false testimony'. This interpretation is reinforced by
reference elsewhere in s79A(1) to the separate grounds of fraud and suppression of evidence which
would comprehend cases of wilful false evidence. At common law, a judgment will be set aside if it
has been obtained by fraud. In the exercise of this jurisdiction, it has been held that an applicant must
show something more than perjury, ie. new facts (Baker v. Wadsworth [1898] 67 LJQB 301; Everett V.
Ribbands [1946] 175 LT 143). This tends to suggest that the words 'false evidence' should be given their
literal meaning
END QUOTE
QUOTE Byrne v Byrne (1965) 7 FLR 342 at 343
Fraud: Usually takes the form of a statement of what is false or the suppression of what is true.
END QUOTE
County Civil Court: CIVIL PROCEDURE Pleading The trial court properly granted relief when the defendant
perpetuated a fraud on the court. Affirmed. Balogh Enterprises, Inc. v. Billy E. Humphries, No. 2012-AP-000006WS, (Fla. 6th Cir.App.Ct. June 24, 2013).
Donnelly v. Dechristoforo, 1974.SCT.41709 56; 416 U.S. 637 (1974) McNally v. U.S., 483 U.S. 350, 371-372,
Quoting U.S. v Holzer, 816 F.2d. 304, 307 Fraud in its elementary common law sense of deceit... includes the
deliberate concealment of material information in a setting of fiduciary obligation.
A public official is a fiduciary toward the public,... and if he deliberately conceals material information from them
he is guilty of fraud.

In my view, any lawyer (including a judge and/or his/her associate) must report any alleged
criminal matter to the court where it can be deemed that there was a conspiracy to pervert
the course of justice and so in particular involving OFFICERS OF THE COURT and a
miscarriage of justice eventuated.
Let be clear about it this was a case where in spite of that I urged Mr John Murray Abbott not to
file his Affidavit too late, he nevertheless ended up doing so. Hence the Court in his failure to
file in time made orders against him. The appeal court was obviously not interested to the merits
of Mr John Murray Abbott case that no such claimed debt existed. And this clearly underlines
that in the Victoria legal system a non-existing debt that is fictitious nevertheless can and will be
held to exist merely because a party failed to file in time his affidavit. Yet, when then in the
matter with Buloke Shire Council no full brief was filed let alone served at least 14 days prior
to any court hearing somehow then it seems this is different, after all they have lawyers who are
OFFICWERS OF THE COURT and so DOUBLE STANDARDS seems to me to apply. The
same with the issue of Notice of appearance, which was not filed and served in time and yet His
Honour Mullaly J had the gall to claim, as I understood it, that I was a person who held the law
applied to others but not to me. In my view not only Gadens Lawyers, and Bridgement Smith
Collections but also the (then) Directors of GE and others involved in this elaborate
fraudulent scheme should be arrested and put to trail.
p8
27-12-2015
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

Page 9
How can anyone claim the courts have credibility and integrity if it has a legal process that is
used to scam innocent victims and the judges are having such limited views about legal
technicalities than to understand and comprehend that ordinary people do not understand the
concept of legal technicalities, in fact to my experiences and understanding most lawyers do not
either. After all Buloke Shire Council legal representatives ES&a lawyers are seemingly to me
falling over each other to outdo each other to prove this.

Lets be clear about it that over about 4 decades of representing parties at the bar table I have
come across very few judicial officers I held actually seemed to poses some intelligence.
Hansard 19-4-1897 Constitution Convention Debates
QUOTE
Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able to understand.
END QUOTE
.
Hansard 8-3-1898 Constitution Convention Debates
QUOTE Mr. ISAACS.We want a people's Constitution, not a lawyers' Constitution.
END QUOTE

Then why are legal processes so extremely difficult that most (likely limited in mental
perception) lawyers cannot even understand/comprehend/comply with legal processes, and then
you expect ordinary persons to do better?
Sadly, having conducted since 1982 a special lifeline service under the motto MAY JUSTICE
ALWAYS PREVAIL I understand that many faced with court orders against them simply
contemplate and at times succeed in suicides.
Every judicial officer and his/her staff has an obligation to ensure that the court legal processes
are not resulting in that innocent people are wrongly subjected to orders. And where the system
fails in protecting an innocent victim then the court (so its staff) must ensure that it will hold
those who perpetrated this perverting of justice upon the court and the victim will be held legally
accountable.
Again the link I quoted above has a more extensive set out and proves the Directors of GE
knowingly permitted this elaborate fraud to continue.
QUOTE Sorell v Smith (1925) Lord Dunedin in the House of Lords
In an action against a set person in combination, a conspiracy to injure, followed by actual injury, will give good
cause for action, and motive or instant where the act itself is not illegal is of the essence of the conspiracy.
END QUOTE

Next time some judge has in mind to try to belittle me then well you may understand I am not the
person to let this go by. But again many who are very vulnerable in the legal system may lack
this ability to expose the real truth how rotten the legal system really is and I view His Honour
Mullaly J is the perfect example to indicate why we have such a rotten system. No judicial
officer should seek to belittle a party appearing before the court! That is bullying!
For the record I still hold Enduring Power of Attorney granted by Mr John Murray Abbott and as
such well entitled to pursue his best interest to obtain justice! Also, for the record I never charged
Mr John Murray Abbott for my out of pocket expenses to do so! To me it is an issue that we are
all entitled to obtain JUSTICE and well it is so to say now in your court to notify the court about
this elaborate misuse and abuse of the court processes as was done by GE and its co-conspirators,
as after all didnt they waste valuable court time with their fictitious debt claim?
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!)
p9
27-12-2015
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