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Elliott Stafford and Associated

lawyers@elliottstafford.com.au
Cc:

17-8-2015

Magistrates Court of Victoria at St Arnaud starnaudcoordinator@magistratescourt.vic.gov.au

Legal Service Commissioner admin@lsbc.vic.gov.au
Buloke Shire Council buloke@buloke.vic.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
George Williams george.williams@unsw.edu.au
Cr Reid Mather (Mayor) MALLEE WARD crmather@buloke.vic.gov.au
Cr David Pollard (Deputy Mayor) LOWER AVOCA WARD crpollard@buloke.vic.gov.au
Cr Leo Tellefson MOUNT JEFFCOTT WARD crtellefson@buloke.vic.gov.au
Cr Stuart McLean LOWER AVOCA WARD crmclean@buloke.vic.gov.au
Cr Graeme Milne MOUNT JEFFCOTT WARD crmilne@buloke.vic.gov.au
Cr Gail Sharp MOUNT JEFFCOTT WARD crsharp@buloke.vic.gov.au
Cr Ellen White, MALLEE WARD, crwhite@buloke.vic.gov.au
Re: 20150817-Schorel-Hlavka O.W.B. to Elliott Stafford and Associates Your ref LA-05-06Re Buloke Shire Council cc LSC-COM-2015-0873-Supplement 3

Sir/Madam,
in the Colosimo case I exposed the incompetence of the shire as well as tits legal
representatives as to how to conduct matters regarding an Infringement Notice.
Somehow those admitted to practice law often havent got a clue how to do so. Regretfully too
often innocent people unaware of that are duped.
.

Infringement Act 2006

QUOTE
11Withdrawal of official warning
(1) An issuing officer or enforcement agency must withdraw an official warning if
(a) proceedings are to be commenced against the person on whom an official warning was
served in respect of the infringement offence; or
(b) an infringement notice in respect of the infringement offence is to be served on the person on
whom an official warning was served.
(2) An official warning may be withdrawn at any time before the expiry of the prescribed period.
(3) An official warning must be withdrawn by serving a withdrawal of an official warning on the
person on whom the official warning was served.
(4) A withdrawal of an official warning must
(a) be in writing; and
(b) contain the prescribed details.
END QUOTE

I am not aware that Buloke Shire Council followed this legal requirement and well if its legal
representatives dont understand this either then well we end up with an escalation of an utter
mesh.
.
p1
17-8-2015
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

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Also, I understand that Shire of Bulopke is an enforcement agency and not Buloke Shire
Council, which ought to be obvious as the council exist of councillors which may change over
time. As such, I view ES&a cannot litigate for Buloke Shire Council without their specific
authority, and hypothetically if the court were to issue an order for Buloke Shire Council to pay
say $300,000.00 then the councillors themselves would be personally legally liable for say
about $37,500 each. This even so they may for long have left being a councillor.
If therefore councillors themselves didnt personally authorise ES&a to litigate for them as the
Buloke Shire Council then I view this is an unauthorised litigation and I view also a perverting of
the course of justice. Obviously, councillors themselves must make clear to ES&a that they
didnt authorise ES&a to litigate in their personal capacity. And I view report this to the Legal
Service Commissioner for investigation also. After all copies of my correspondences are
provided to them also and so they are well aware of matters.
Magistrates Court Act 1989
QUOTE
132Costs liability of legal practitioner
(1) If a legal practitioner for a party to a proceeding, whether personally or through a servant or agent,
has caused costs to be incurred improperly or without reasonable cause or to be wasted by undue
delay or negligence or by any other misconduct or default, the Court may make an order that
(a) all or any of the costs between the legal practitioner and the client be disallowed or that the
legal practitioner repay to the client the whole or part of any money paid on account of costs;
or
(b) the legal practitioner pay to the client all or any of the costs which the client has been ordered
to pay to any party; or
(c) the legal practitioner pay all or any of the costs payable by any party other than the client.
(2) Without limiting subsection (1), a legal practitioner is in default for the purposes of that subsection
if any proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any
useful progress being made, because the legal practitioner failed to
(a) attend in person or by a proper representative; or
(b) file any document which ought to have been filed; or
(c) lodge or deliver any document for the use of the Court which ought to have been lodged or
delivered; or
(d) be prepared with any proper evidence or account; or
(e) otherwise proceed.
(3) The Court must not make an order under subsection (1) without giving the legal practitioner a
reasonable opportunity to be heard.
(4) The Court may order that notice of any proceeding or order against a legal practitioner under this
section be given to the client in such manner as the Court directs.
*

END QUOTE

Because I am well aware we lack impartial administration of justice as required by the 2-11901 Gazetted Letters Patent, I knew that I would have no hope to go to court to sue for the
unconstitutional rates and illegal garbage charges and so to say had to bite my tong until the
Shire of Buloke would litigate against me.

p2
17-8-2015
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

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Obviously Buloke Shire Council (being named in the summons) could refrain from challenging
the OBJECTION TO JURISDICTION and so allow the court to find that there is no
jurisdiction.

I am currently very ill, and mostly confined to bed, but in the past a Magistrate went ahead in my
absenteeism and on appeal the orders were set aside. As such if playing games is the way to go
despite of my OBJECTION TO JURISDICTION then you may just discover that it will make
matters more complicated.
As the court noticer indicates that if there is a NOT GUILTY plea the matter is adjourned for
another hearing date, then obviously likewise with an OBJECTION TO JURISDICTION the
court cannot proceed either on the day (20 August 2015).
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!)

p3
17-8-2015
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