Page 1

1
2
3 Molly Metcalf Lawyer, becklegal (Australia, Victoria date) 30-3-2024
4 mmetcalf@becklegal.com.au
5
6 Cc: Cr Alison Champion alison.champion@banyule.vic.gov.au
7 Cr Fiona Mitsinikos fiona.mitsdinikos@banyule.vic.gov.au
8 Cr Elizabeth Nealy elizabeth.nealy@banyule.vic.gov.au
9 Cr Mark Di Pasquate mark.dipasquale@banyule.vic.gov.au
10 Cr Alida McKern alida.mckern@banyule.vic.gov.au
11 Cr Peter Dimarelos peter.demarelos@banyule.vic.gov.au
12 Cr Rick Garotti rick.garotti@banyule.vic.gov.au
13 Cr Tom Melican tom.melican@banyule.vic.gov.au
14 Cr Peter Casteldo peter.castaldo@banyule.vic.gov.au
15 Mr RomanWojtkowski enquiries@banyule.vic.gov.au
16 Jan Richarson enquiries@banyule.vic.gov.au
17 Officer Janet Redgrave Team Leader Development Planning enquiries@banyule.vic.gov.au
18 Banyule City Council enquiries@banyule.vic.gov.au
19
20 Re: 20240330-Mr G. H. Schorel-Hlavka O.W.B. to Molly Metcalf lawyer, becklegal-Supplement 14-AI, etc
21 NOT RESTRICTED FOR PUBLICATION
22 COMPLAINT-Supplement 14
23 Madam,
24 have you ever used a search engine on the internet and discovered how generally in less
25 than a minute a search engine can locate tens of thousands of items relation to the words one
26 search for? Well, a few days ago I decided to check with AI (Artificial Intelligence) as after all
27 it reportedly has access to numerous data bases and so access where I might not have any or it
28 would take me days or even weeks to search for the same. So, I have below quoted some AI
29 responses.
30
31 As you have not formally informed me that you no longer act for Banyule City Council I am
32 entitled to hold you still are.
33
34 In my view your client is involved in an elaborate fraud (I consider to be a criminal offence)
35 upon property owners as some I set out below. Over the years I did contact Banyule City council
36 as to the so called “delegated” State land taxation claim as “council rates” and instead of it
37 communicating with me to seek to resolve matters appropriately it simply remained silent about
38 it. That has been its choice but silence can become “evidence” and might indicate that your client
39 knew or ought to have known it acted in a fraudulent manner.
40
41 In your 25 October 2023 correspondence I recall you referred to the Fire Rescue Victoria
42 allegedly being why your client entered my wife and I property. Yet, you did not then and still
43 have not provided any copy of the alleged Fire Rescue Victorian. Actually, since I last year
44 contacted Fire Rescue Victoria about the report, etc, it never provided any. As such, I am entitled
45 to take the view that you fabricated this as to try to excuse your client regarding trespassing, etc.
46 Obviously, as you are an OFFICER OF THE COURT this is a very serious matter.
47
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1 The issue is what is your client’s legal position in this all?

2 Councils were recognised by the Framers of the Commonwealth of Australia Constitution Act
3 1900 (UK) to be “corporations” and in Sydney Municipal v Commonwealth 1904 the High
4 Court of Australia held that councils are a corporation and cannot legislate, however can exercise
5 “delegated” “State land taxation” where the State legislated for this. However, on 11 November
6 1910 the Commonwealth commenced to legislate as to land taxation and that means the States no
7 longer had “concurrent” legislative powers as to “land taxation” and by this neither could
8 councils then have any “delegated” land taxation powers referred to as “council rates”.
9 Because, albeit unconstitutional, the High Court of Australia denied litigants to rely upon the
10 Hansard records of the constitution convention Debates it resulted that not uncommon the High
11 Court of Australia handed down decisions that were in violation to the legal principles embedded
12 in the constitution. The States decided that the “concurrent” legislative powers somehow was
13 always applicable, at least so it appears to me, albeit this was wrong!
14
15 Hansard 2-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian
16 Convention)
17 QUOTE Mr. DEAKIN (Victoria).-
18 The record of these debates may fairly be expected to be widely read, and the observations to which I
19 allude might otherwise lead to a certain amount of misconception.
20 END QUOTE
21
22 Despite of that the Commonwealth on 11 November 1910 commenced to legislate as to “land
23 taxation” the State of Victoria then did albeit unconstitutionally the same subsequently on 26
24 December 1910.
25

26
27
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1 Meaning that the State of Victoria (and any other state for that) lacked legislative powers for
2 land taxation. This means that the State of Victoria couldn’t delegate land taxation to ‘councils”
3 where it had no legislative powers in the first place regarding land taxation. As the Framers of
4 the Constitution made very clear that any unconstitutional tax has to be refunded! Remember, the
5 States were created in Section 106 of this constitution “subject to this constitution”?
6
7 If a defendant appears before a court then if the defendant claims he/she didn’t know he/she was
8 acting unlawfully and the prosecutor never warned about this then this hardly will be accepted by
9 a court as a justified excuse. I did not need to warn your client about anything as your client
10 should have known what the law is about, as after all it is an alleged Law Enforcement Agency.
11 As such if iut fraudulently made claims to extort monies from property owners then well the
12 councillors should face legal accountability for this.
13
14 Once I was sitting in the public gallery when the trial judge addressed me that he wanted me to
15 leave as I would use whatever he stated in that case in another case. My response was; “Not if
16 you do not use DOUBLE STANDARDS. This judge had past experiences where I had quoted
17 him in a later case, but he couldn’t force me to leave and I didn’t.
18 I know however that at least in my view far too often judges fails to act as to their oath of office
19 and will try to railroad a case on flimsy or non-existing grounds generally well aware that a party
20 may not be able to fend for himself/herself to pursue an expensive appeal.
21 So my strategy was to see if I could get some government authority to wrongly pursue me in
22 litigation and then so to say turn the tables on them. With voting I came to understand that one
23 couldn’t trust an electoral commission, which so to say was bending backwards to accommodate
24 political parties no matter how wrong in law or even unconstitutional. I therefore decided to in
25 my way to challenge the Australian Electoral Commission without letting them know I did so.
26 I was an INDEPENDENT candidate in 2001 in the federal election of Jagajaga may recall my
27 card:

28
29 Again:

30
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1
2 I had no doubt that the Australian electoral commission more than likely would charge me with
3 FAILING TO VOTE so that upon any conviction it then could pursue me for making false and
4 misleading statements that could have deceived electors, etc.
5 Well, the AEC in AEC v Schorel-Hlavka did precisely this to charge me with FAILING TO
6 VOTE. And Well I then filed a NOTICE OF CONSTITUTIONAL MATTERS (also served
7 upon all 9 Attorney-Generals) challenging various issues on constitutional grounds. Counsel for
8 the Commonwealth gave me the understanding that no one had ever before made those
9 challenged on constitutional grounds! The court or5dered the matter to be heard and determined
10 by the High Court of Australia, however, now more than 21 years later since this 4 December
11 2002 order the High Court of Australia has not done so and I expect it never will because of the
12 implied bias of all judges to have to essentially declare themselves validly commissioned as
13 judges.
14 Still, the AEC charged me again in regard of the 2004 federal election for FAILING TO VOTE,
15 this even so I had already challenged the validity of the legislation and as such unless and until if
16 ever at all my original objection had been overruled (which till this day never has been) then the
17 legislation became ULTRA VIRES and still is so.
18 Then on 4 August 2005 the matter returned to the court and the magistrate then was faced that
19 Counsel for the Commonwealth submitting for “AVERMENT” I successfully opposed this also
20 referring to NSW Kable case. I understood that Counsel for the Commonwealth was making
21 false and misleading statements from the bar table, nevertheless he failed miserably.
22 When the matter then returned on 16 and 17 November 2005 it appeared that the magistrate
23 agreed that the 2001 federal election for the House of Representative was legally invalid, but
24 then the next day he somehow seemed to rule that he was not going to apply the previous orders
25 in my favour and simply convicted me on both charges. I successfully appealed this and did file
26 and serve a 409 pages written submission referred to as ADDRESS TO THE COURT and so
27 UNCHALLENGED by the Commonwealth and/or any or all of the 9 Attorney-Generals, even
28 so the issues that were stated in the NOTICE OF CONSTITUTIONAL MATTERS were also
29 before the Court during the appeals. When a party or parties do not challenge an opponent then
30 this implies it/they concede the truth thereof.
31
32 Over the decades, at times former opponent lawyers would recommend their clients to request
33 me to take over their case this as they held that as lawyers they couldn’t conduct the case as I
34 was able to do. And then I would succeed where their former lawyers failed. One of the reasons
35 is that a legal practitioner may refrain from speaking up against a judge due to the fact that then
36 the judge could so to say go after this legal practitioner, whereas with me I was known not to
37 fear a judge. No one should actually fear a judge as they are supposed to be impartial but
38 regretfully there are judges who simply do not take it kind when their DOUBLE STANDARDS
39 are exposed, etc.
40 Not uncommon a party appears before a court and no matter that this party might be 100%
41 correct in his/her legal set out, when appearing before a judge who lacks to understand the
42 constitutional issues involved then more than likely the party presenting constitutional issues will
43 be on the losing end. This is also why I succeeded and others failed regarding the same issues
44 concerned!
45
46 I decided to see if Artificial Intelligence (AI) would know about the successful appeals and
47 certain issues canvassed in those appeals and well the following responses were received:
48
49 QUOTE 20240326-Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both appeals
50 https://iask.ai/?mode=question&options[detail_level]=detailed&q=Are+you+aware+that+in+
51 AEC+v+Schorel-Hlavka+I+on+19+July+2006+succeeded+in+both+appeals%3F
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1 Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both
2 appeals?
3
4 According to www.iAsk.ai Ask Ai Questions Search Engine:

5 Yes, in AEC v Schorel-Hlavka I on 19 July 2006, the defendant succeeded in both appeals.

6 Top 3 Authoritative Sources Used in Answering this Question:

71. Australian Electoral Commission (AEC)

82. Legal Database
93. Court Records
10 Web Search Results
11 5 results
12
13 Comments:High Court of Australia dismisses appeal against conviction ...
14 https//en.m.wikinews.org › wiki ›
15 Comments:High_Court_of_Australia_dismisses_appeal_against_conviction,_compulsory_vot
16 ing
17 Comments:High Court of Australia dismisses appeal against conviction ...
18 The defendant claims that he has a right to disregard the will of the majority regarding
19 compulsory voting. I argue here that he does not. A holding to the ...
20
21 Submission-0506-Gerrit-Schorel-Hlavka.pdf
22 https//www.parliament.act.gov.au › __data › assets › pdf_file › 0009 › 1945197 › Submission-
23 0506-Gerrit-Schorel-Hlavka.pdf
24 Submission-0506-Gerrit-Schorel-Hlavka.pdf
25 On 19 July 2006 in AEC v Schorel-Hlavka County Court of Victoria, Case numbers
26 T01567737. 12. & Q10897630 (representing myself) I succeeded in ...
27
28 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...
29 https//www.scribd.com › document › 409006849 › 20190507-G-H-Schorel-Hlavka-O-W-B-
30 to-Australian-Electoral-Commission-Re-COMPLAINTS
31 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...
32 20190507-G. H. Schorel-Hlavka O.W.B. to Australian Electoral Commission Re
33 COMPLAINTS - Free download as PDF File (.pdf), Text File (.txt) ...
34
35 ELECTORAL LITIGATION
36 https//www.aph.gov.au › parliamentary_business › committees ›
37 house_of_representatives_committees
38 ELECTORAL LITIGATION
39 Injunctions. Mr Ned Kelly's application on late candidate nomination. On 22 October. 2001,
40 Mr Ned Kelly, previously known as Mr Terry Sharples, filed an.
41
42 20200719-Mr G. H. Schorel-Hlavka O.W.B. To The Victorian Inspectorate ...

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1 https//www.scribd.com › document › 469674114 › 20200719-Mr-G-H-Schorel-Hlavka-O-W-

2 B-to-the-Victorian-Inspectorate-Reference-11722468
3 20200719-Mr G. H. Schorel-Hlavka O.W.B. To The Victorian Inspectorate ...
4 20200719-Mr G. H. Schorel-Hlavka O.W.B. to the Victorian Inspectorate-Reference #
5 11722468 - Free download as PDF File (.pdf), ...
6 END QUOTE 20240326-Are you aware that in AEC v Schorel-Hlavka I on 19 July 2006 succeeded in both
7 appeals
8
9 QUOTE 20240326-Are you aware that in AEC v Schorel-Hlavka I sucessfully challenge the validity of the
10 Australian citizenship Act as being unconstitutional
11 https://iask.ai/?mode=question&options[detail_level]=detailed&q=Are+you+aware+that+in+
12 AEC+v+Schorel-
13 Hlavka+I+sucessfully+challenge+the+validity+of+the+Australian+citizenship+Act+as+being
14 +unconstitutional%3F
15 Are you aware that in AEC v Schorel-Hlavka I sucessfully challenge the validity of the
16 Australian citizenship Act as being unconstitutional?
17
18 According to www.iAsk.ai Ask Ai Questions Search Engine:

19 Yes, in AEC v Schorel-Hlavka I successfully challenged the validity of the Australian

20 Citizenship Act as being unconstitutional.

21 Top 3 Authoritative Sources Used in Answering this Question:

221. University of South Australia (Sue Milne)

232. High Court of Australia
243. Australian Citizenship Act 2007 (Cth)
25 The information provided in the response is based on the analysis and insights from the
26 University of South Australia’s Sue Milne regarding constitutional challenges to the stripping
27 of Australian citizenship, the rulings and decisions made by the High Court of Australia in
28 cases such as Alexander v Minister for Home Affairs, Benbrika v Minister for Home Affairs,
29 and Jones v Commonwealth, as well as the provisions and amendments outlined in the
30 Australian Citizenship Act 2007 (Cth).
31 Web Search Results
32 5 results
33
34 Constitutional challenges to the stripping of Australian citizenship
35 https//globalcit.eu › constitutional-challenges-to-the-stripping-of-australian-citizenship-an-
36 update
37 Constitutional challenges to the stripping of Australian citizenship
38 In Alexander, the High Court held the revocation of citizenship for dis-allegiant conduct
39 (foreign incursions and recruitment) unconstitutional ...
40
41 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...
42 https//www.scribd.com › document › 409006849 › 20190507-G-H-Schorel-Hlavka-O-W-B-
43 to-Australian-Electoral-Commission-Re-COMPLAINTS
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1 20190507-G. H. Schorel-Hlavka O.W.B. To Australian Electoral ...

2 46 Electoral Act 1918 being unconstitutional. 47 48 The quotations are reproduced with any
3 typing error as was in the original documentation ...
4
5 Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
6 https//www.aph.gov.au › Parliamentary_Business › Bills_Legislation › bd › bd2324a › 24bd36
7 Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023
8 Key points. The purpose of the Bill is to amend the Australian Citizenship Act 2007 to repeal
9 the current citizenship cessation provisions ...
10
11 Constitutional cases: October 2022
12 https//www.ags.gov.au › sites › default › files › 2022-10 ›
13 Constitutional%20cases%20_Oct%2022.pdf
14 Constitutional cases: October 2022
15 Steward J dissenting) held that s 36B of the Australian Citizenship Act 2007 (Cth)
16 (Citizenship Act) is invalid because it infringes Ch III of the ...
17
18 Intelligence and Security Committee to review new citizenship ...
19 https//www.aph.gov.au › About_Parliament › House_of_Representatives ›
20 About_the_House_News › Media_Releases ›
21 Intelligence_and_Security_Committee_to_review_new_citizenship_repudiation_law
22 Intelligence and Security Committee to review new citizenship ...
23 The review provides the opportunity to examine the operation, effectiveness and implications
24 of the new citizenship repudiation regime, as well ...
25 END QUOTE 20240326-Are you aware that in AEC v Schorel-Hlavka I sucessfully challenge the validity of
26 the Australian citizenship Act as being unconstitutional
27
28 QUOTE 20240325-0114-20240325-Are you aware that Barry Collier MP Parliamentarian Secretary Assisting
29 the Treasurer NSW on 2 March 2011 claimed
30 https://iask.ai/?mode=question&options[detail_level]=detailed&q=Are+you+aware+that+Barry+Collier+MP+Pa
31 rliamentarian+Secretary+Assisting+the+Treasurer+NSW+on+2+March+2011+claimed+%28to+me%29+that+th
32 e+States+had+legislative+powers+regarding+land+taxation+returned+to+them%3F+Do+you+accept+this+is+p
33 ossible+when+the+constitution+doesn’t+provide+for+this+mechanism+to+return+exclusive+Commonwealth+p
34 ower+back+to+the+States%3F
35
36 Are you aware that Barry Collier MP Parliamentarian Secretary Assisting the
37 Treasurer NSW on 2 March 2011 claimed (to me) that the States had legislative powers
38 regarding land taxation returned to them? Do you accept this is possible when the
39 constitution doesn’t provide for this mechanism to return exclusive Commonwealth
40 power back to the States?
41
42 According to www.iAsk.ai Ask Ai Questions Search Engine:
43 Answer:
44 No, it is not possible for the States to have legislative powers regarding land taxation returned
45 to them if the Constitution does not provide for such a mechanism to transfer exclusive
46 Commonwealth power back to the States. The Australian Constitution clearly outlines the
47 division of powers between the Commonwealth and the States, and any changes or transfers
48 of powers would require formal amendments to the Constitution through specific processes
49 outlined in Section 128.
50 The Australian Constitution establishes a federal system of government where certain powers
51 are allocated exclusively to the Commonwealth Parliament under Section 51, including
52 taxation. Land taxation falls under this category of powers exclusively vested in the
53 Commonwealth. While there are provisions for concurrent powers and areas where both
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1 levels of government can legislate, matters related to land taxation are generally within the
2 domain of the Commonwealth.
3 Any assertion that States could unilaterally reclaim legislative authority over land taxation
4 without a constitutional amendment would be legally unfounded and contrary to the
5 established framework of federalism in Australia. Therefore, unless there is a formal
6 amendment to the Constitution or a change in legislation at the federal level, States do not
7 have the authority to independently control land taxation.
8 In summary, based on the existing constitutional framework and principles of federalism in
9 Australia, it is not feasible for States to regain legislative powers over land taxation without
10 proper constitutional amendments or legal mechanisms.
11 Top 3 Authoritative Sources Used in Answering this Question:
12 Australian Constitution
13 Legal Principles of Federalism in Australia
14 Division of Powers between Commonwealth and States
15 These sources were consulted to provide accurate information on the distribution of
16 legislative powers in Australia’s federal system and how changes or transfers of such powers
17 would need to adhere to constitutional provisions.
18 Web Search Results
19 5 results
20
21 Barry Collier (politician)
22 https//en.m.wikipedia.org › wiki › Barry_Collier_(politician)
23 Barry Collier (politician)
24 He was a Labor Party member of the New South Wales Legislative Assembly from 1999 to
25 2011 and from 2013 to 2015, representing the electorate of Miranda.
26
27 Department of the Legislative Assembly - Parliament of NSW
28 https//www.parliament.nsw.gov.au › la › department › Documents › department-of-the-
29 legislative-assembly-annual-report-for-2009-2010 ›
30 LA%20Annual%20Report%20200910.pdf
31 Department of the Legislative Assembly - Parliament of NSW
32 parliamentary recess between december 2010 and the march 2011 election should provide
33 staffing resources to complete some of these projects.
34
35 LEGISLATIVE COUNCIL
36 https//api.parliament.nsw.gov.au › api › hansard › search › daily › pdf › HANSARD-
37 1820781676-64586
38 LEGISLATIVE COUNCIL
39 Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges)
40 Bill 2009. State Revenue Legislation Amendment (Defence Force ...
41
42 Committee Secretary 5-6-2011 Joint ...
43 https//www.aph.gov.au › parliamentary_business › committees ›
44 house_of_representatives_committees
45 Committee Secretary 5-6-2011 Joint ...
46 This did not have the effect of preventing the. States from imposing land tax, but rather
47 returned taxation powers back to them. Accordingly ...
48
49 House of Representatives Official Hansard
50 https//citeseerx.ist.psu.edu › document

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1 House of Representatives Official Hansard

2 House of Representatives Officeholders. Speaker—The Hon. David Peter Maxwell Hawker
3 MP. Deputy Speaker—The Hon. Ian Raymond Causley MP.
4 END QUOTE 20240325-0114-20240325-Are you aware that Barry Collier MP Parliamentarian Secretary
5 Assisting the Treasurer NSW on 2 March 2011 claimed
6
7 It should be clear that AI agreed that the States since 11 November 1910 had no “concurrent”
8 legislative powers as to State land taxation and it would require a Section 128 referendum to
9 amend the constitution for the States to regain State land taxation legislative powers.
10 AI also agreed that I had succeeded in the appeals on numerous grounds, albeit it did not refer to
11 all issues then before the court. This means to me that your client Banyule City Council has no
12 legal standing as to pursue any alleged “delegated State land taxation referred to as “council
13 rates”. While in my view councils can legitimately charge for garbage collection, provided they
14 actual do so) but only as a corporation and not some purported “local government’.
15
16 Obviously, the issue is the standing of Banyule City Council being a Law Enforcement Agency
17 or not? My 4 November 2023 correspondence clearly sets out a lot about law enforcement
18 issues, and it appears to me that Banyule City Council may never have properly trained any staff
19 member to be a Law Enforcement Officer, as I exposed in regard of another council where
20 during my cross-examination the council staff member admitted not to have been trained for it.
21 With your 25 October 2023 correspondence to me you included aerial images of our property at
22 107 Graham Road, Viewbank that was specifically targeted for the photos. On what legal basis
23 was each and every one of those aerial photos taken? Surely where they were from 2018, 2019,
24 2020, 2021, 2022 they hardly could have been regarding this alleged Fire Rescue Victoria
25 report? Then the 2023 aerial photo was taken after the trespassing and vandalism on 6
26 September 2023 and 7 September 2023 and the subsequent vandalising of my wife’s lawfully
27 parked motor vehicle and as such neither that aerial phot could have been claimed to have been
28 made as result of an alleged Fire Rescue Victoria report, as you already claimed the 6 and 7
29 September 2023 incidents to be because of the alleged report. Why would there be trespassing on
30 6 September 2023 in the morning if there was a fire danger without any real action for any
31 alleged fire danger to be extinguished? Despite of my various request for details information
32 both directed to you and your client none was forthcoming. However, your client then engaged
33 in further criminal conduct to trespass and scare the living daylights out of my wife that she was
34 scared that someone was trying to break in. I then located 2 Banyule City Council staff members
35 in the backyard, and I was given the understanding they had climbed over the fence to gain entry,
36 this despite ENTRY PROHIBITED signs.
37 Clearly this trespassing on 29 November 2023 couldn’t have been the result of any alleged
38 (albeit non-existing) Fire Rescue Victoria report either. Moreover, Angela O’Brien who was one
39 of the trespassers then the day posted another NOTIFICATION TO NOTICE TO ENTER, a
40 nonsensical notice albeit with a different date than which she had handed me when I caught her
41 in the backyard. Proving that there was absolutely no legal justification for any trespassing
42 Then (as recorded on video) your client yet again had staff trespassing on 3 January 2024 and
43 made photos. I had previously made clear that I charge $20 million for each aerial photo of my
44 garden art work and $1 million for each photo taken while trespassing. Which so far amounted to
45 about $127 million. However, as your client failed to provide the relevant details as to 3 January
46 2024 how many photos were taken, despite well aware that taking photos would incur further $1
47 million charge for each photo, then I am left to assume there were 10 photos taken which would
48 add a further $10 million making it so far $137 million just regarding photos not including other
49 charges I will pursue.
50 Can it be argued that your client staff acted as Law Enforcement Officers? I do not think so as
51 clearly despite my extensive 4 November 2023 set out the conduct of the staff members on each
52 occasions was anything but for law enforcement. The mere fact you claimed that they had on 6
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1 and 7 September 2023 acted based on a Fire Rescue Report also may underlines it had nothing to
2 do with alleged Law Enforcement. If a person is requested to assist in a fire then it is not for law
3 Enforcement but regarding the fire itself unless the request was specifically for Law
4 Enforcement, such as directing traffic, etc. Combatting a fire itself is not Law Enforcement and
5 as you claimed there was an alleged fire Rescue Victoria report then clearly it was not about Law
6 Enforcement but ass some firefighting! And for your client to go around the property taking
7 photos all around where there is no fire at all anywhere near the property then clearly it had
8 nothing to do with any alleged Fire Rescue Victoria Report. Do you really think that if it came to
9 litigation a Court would blindly accept that somehow staff that violates FEE SIMPLE rights and
10 privacy rights and trespasses and causing damages and personal harm somehow would be
11 properly trained to perform a job for your client let alone being trained in firefighting? And
12 considering also that Banyule City Council has fire danger on properties under its own control
13 then surely any claim that Banyule City Council alleged Law Enforcement Officers understand
14 what firefighting is about would or could be seen to make a mockery of litigation. I did request
15 you and your client to provide all and any communication between you and your client with Fire
16 Rescue Victoria regarding the property of 107 Graham Road, Victoria and none was to my
17 knowledge forthcoming, and as such I am entitled to take the position that this silence and
18 refusal to provide relevant information is an admission of implied guilt. After all, if there was a
19 Fire Rescue Victoria communication, as you seem to imply in your 25 October 2023
20 correspondence such as fire alarms, report, etc, then such communication ought to have been
21 disclosed. Failing to do so, I view, indicates you simply fabricated this as an excuse to
22 deceive/milled me as to the criminal trespass, etc, by your client, so its staff.
23
24 Can your client claim to be a “local government”? Absolutely not, this as regardless what the
25 State Parliament may have legislated about it cannot override the constitution which created the
26 State within Section 106 “subject to this constitution”, and this constitution doesn’t provide for
27 a second level of “local government” which the state government itself already is.
28 In my view your client has been acting by way of terrorism and never had the common decency
29 to even apologise for all and any harm inflicted in particular upon my wife, who now needs to
30 rely upon a wheelchair due to the 29 November 2023 incident by your client.
31
32 While you (becklegal) and your client may choose to remain silent and continue to refuse to
33 provide the details/information I requested do keep in mind that the Australian Electoral
34 Commission and their legal representatives persisted in this kind of conduct also and their
35 lawyers made false and misleading claims and in the end they lost both cases!
36
37 One may also hold this conduct by Banyule City Council as “elder abuse” upon my wife and
38 myself!
39
40 Your client, despite my past writings that “council rates” are unconstitutional nevertheless failed
41 to appropriately attend to this and this I view may constitute fraud by your client to claim monies
42 it knew or ought to have known it was not entitled upon as such, whereas if it had claimed as a
43 corporation for actual charges of collecting garbage, etc, it may have avoided a lot of problems.
44 But that is the direction your client choose to follow and well it must then face the legal
45 consequences for doing so.
46
47 Failing/refusing to provide the requested details/information I view is to obstruct the course of
48 justice and to seek to frustrate me to obtain all relevant details/information. In my view a court
49 may take the position that you deliberately made false claims in your 25 October 2023
50 correspondence to me as to seek to deceive me and so to say cover up the repeated unlawful
51 conduct of your client. We all make errors being humans and the issue is when we are faced we
52 can either learn from having done so to admit to it or seek to pretend otherwise. You had ample
53 of time to acknowledge that you may have made up the Fire Rescue Victoria report, etc, and
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1 should have done so. By failing to acknowledge you may have wrongly made the references to
2 Fire Rescue Victoria you by this appear to persist in a falsehood and for this should face legal
3 consequences, this as it may be deemed to be to aiding and abetting to the criminal conduct of
4 your client. By this you cannot either claim lawyer-client confidentiality as there is no such thing
5 when a lawyer involved himself/herself in the criminal conduct of a client. By this your ongoing
6 silence in itself can be used as “evidence” in that regard. The same may apply to Banyule City
7 council having refrained for all those months to explain matters and as such be seen as having
8 endorsed the criminal activities its staff engaged in. Perhaps you may now understand that in
9 some way I am playing you and your client off against each other, and for this provided your
10 client with copies of my writings. This then means that your client being Banyule City Council
11 should be well aware if you made false and misleading claims in your 25 October 20023
12 correspondence to me, and if they knew or ought to have known and yet remained silent about it
13 then this may be considered a “conspiracy” and also any insurance company may be justified to
14 refuse any insurance cover, and councillors and becklegal may have to foot any bill!
15 Let say a prosecutor takes a property owner to court for having an illegal water storage on his
16 property and show photos of the water on the land. The property owner then points out to the
17 Court that he admits there was water and if the court looks closely it will show the entire
18 property including the house was under water due to a flood. You see how evidence can be
19 portrayed by misleading/deceptive conduct by a prosecutor?
20 Let us be clear about it, unless you are some so to say wet behind the ears just graduated lawyer
21 you ought to have been well aware you cannot just make general allegation to try to justify
22 criminal conduct by your client. As such, you referred to a “permit” in your 25 October 2023
23 correspondence to us, but do not reveal the precise details of the alleged permit, so my wife and I
24 could check out which particular part of the alleged permit you are referring to, and indeed if the
25 illusive permit relate to us at all! Was it a permit applied for building a boat, building some
26 religious building, building some shopping centre or whatever? Surely a competent lawyer
27 would be well aware that you need to provide specific details of the alleged permit. The same
28 with the alleged store. Where is the evidence that your clie4nt obtained evidence of an alleged
29 store? How does the store building looks like? Or are you one who equates litigation in the same
30 way as telling a child there is a Tooth Fairy? And why referring to a (illusive) permit and an
31 (Illusive) store when also seeking to claim about a Fire Rescue Victoria report? Which one if
32 anyone at all is it? About 4 decades ago an opponent counsel complained to a trial judge that I
33 was using his witnesses (including 5 expert witnesses) against his client, actually his own client
34 in cross-examination. Well he didn’t get far with this because the trial judge made clear I was
35 entitled to cross-examine them to expose the facts. Then an opponent Counsel complained that I
36 was communicating with his witnesses rather than through the lawyer and again a trial judge
37 made clear that while lawyers ordinary act through opponent lawyers I on the other hand was
38 well entitled to directly contract their witnesses in particular where the lawyers failed to respond
39 and/or clarify matters of concern.
40 I obviously am well aware that some opponent lawyers may claim they didn’t have sufficient
41 time to consult with their clients about matters, and well now many months have passed and your
42 client ought to be well aware of what I consider false and malicious allegations you made against
43 my wife and I and as such your client had ample of time to correct you and you had ample of
44 time to contact your client and request relevant details about evidence of a “permit”, a “store”
45 and “Fire Rescue Victoria” report, etc. As such, the ongoing silence by you and your client rather
46 will strengthening the evidence and/or implied evidence that you and your client conspired to
47 deceive my wife and I and maliciously pursued us with no lawful excuse. Indeed, where is the
48 evidence that your client approached a court to obtain or at least seek to obtain a lawful authority
49 to enter our property well aware of the signs that prohibit entry without our consent? Neither my
50 wife or I were invited to participate in a legal battle in the court how on earth your client could
51 claim the court had jurisdiction merely upon some believe as like believing in the Tooth Fairy?
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1 And the legal principle embedded in the constitution is that the Court must hear (or at least give
2 the opportunity to be heard) both parties before it can determine a matter before the court. In
3 regard of an objection to jurisdiction the court may invite the parties to make written
4 submissions. Actually, I once had an opponent party disputing jurisdiction and I filed a complete
5 set out about relevant legal issues and it was held there was jurisdiction. As such, in particular
6 where a party had travel or other issues that may prevent attendance to a court then the court can
7 clearly provide for written submissions. Without the court given an opposing party any
8 opportunity to be heard the court cannot invoke jurisdiction. Simple as that. This is also an issue
9 why the purported Infringement Court lacks any judicial powers!
10
11 Even when I campaigned in council elections I made it very clear that “council rates” were
12 unconstitutional where they relied upon being delegated State land taxation! As such, your client
13 was or should have been well aware that I ongoing challenged the validity of “council rates”.
14 Your client ignoring this is their own undoing! You may also check out:
15
16 Can we have a Premier who is not braindead, and one who actually can manage
17 matters within the provisions of the constitution and not despite of it?
18 https://www.scribd.com/document/718201594/202403029-Mr-G-H-Schorel-Hlavka-O-W-B-to-Jacinta-
19 Allan-Premier
20
21 This document also sets out why councils cannot be excluded from GST (apart of my view GST
22 is unconstitutional) and that the purported “council; rates” cannot be purported delegated
23 Commonwealth land taxation because all Commonwealth taxation laws must be “UNIFORM”
24 throughout the Commonwealth albeit may be on a “SLIDING SCALE” and clear where the
25 purported “council rates” are varying from council to council then it cannot be claimed to have
26 been purported delegated Commonwealth land taxation! Recently reportedly a SA council
27 discovered about $36 million they didn’t know they had for the last 20 years! This underlines
28 that accountability by councils is missing. This underlines that “councils” cannot be regarded as
29 some form of “local government” for this also because there appears to be no legal
30 accountability and no proper usage of Appropriation Acts and Taxation Act, Consolidated
31 Revenue Funds, etc, as even during the 2008 GFC many councils reportedly lost millions of
32 dollars in what they had invested overseas, and this underlined that “councils” were not just
33 claiming “council rates” to fund projects but rather to gamble on the international stage to try to
34 make monies. Well beyond what “councils” are supposed to be for.
35

36
37
38 We need to return to the organics and legal principles embed in of our federal constitution!
39
40 This correspondence is not intended and neither must be perceived to state all issues/details.
41 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

42 MAY JUSTICE ALWAYS PREVAIL®

43 (Our name is our motto!)
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