Dear Dr Helen Tsigounis,
Attorneys General and VIC Equal Opportunity & Human Rights Commission,
MPs, Friends, Students of Law and Human Rights Defenders,
1. You are invited by me to come save Australian Democracy, protecting
not only the Victorian Charter for Human Rights and Responsibility Act
2016 but also the Administrative Law Act 1978 (VIC);
2. As a matter of fact, Dr Tsigounis, you are challenged by the judge
Emerton J to do so;
3.
Administrative Law Act 1978 - SECT 3
Tribunal decisions may be reviewed
3. Tribunal decisions may be reviewed
Any person affected by a decision of a tribunal may make application
(hereinafter called an application for review) to the Supreme Court
for an
order calling on the tribunal or the members thereof (hereinafter
called an
order for review) and also any party interested in maintaining the
decision to
show cause why the same should not be reviewed.
4. Your task, Dr Tsigounis, is in effect tell Judge (and Australia)
your experience of the Australian judicial system, the little tactics
they use to set you up to fail and then to call you inferior, deny you
education, employment, and basic human rights.
5. Attached is the afternoon transcript of hearing on 15 May 2013,
email me if u need the full transcript.
6. You will notice some of their tactics to deny natural justice,
essentially an attack on Australian Democracy and the Separation of
Powers of the Judiciary and Executive.
7. We are always happy to see "activist" judges interprete human
rights provisions (correctly).
8. What we dont need is "activist" judges making up their own laws
when the "written" law is crystall clear, and black and white.
9. Dr Tsigounis, your submission will also be used in any high court
challenges with permission.
Searching for Answers,
Le Tuan Pham
PO BOX 1255
ST ALBANS 3121
---------- Forwarded message ----------
From: chas x <
nwn.we...@gmail.com>
Date: Mon, May 13, 2013 at 9:15 PM
Subject: Racist Corrupt Judges are just out of control: No right to an
effective investigation of cruel, inhuman or degrading treatment under
the Victorian Charter
To:
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Dear Attorneys General and VIC Equal Opportunity & Human Rights
Commission, MPs, Friends, Students of Law and Human Rights Defenders,
1. Racist Corrupt Judges are just out of control even with a Charter
of Human Rights and Responsibility Act 2006:
No right to an effective investigation of cruel, inhuman or degrading
treatment under the Victorian Charter
Bare v Small [2013] VSC 129 (Unreported, 25 March 2013)
http://www.hrlc.org.au/no-right-to-an-effective-investigation-of-cruel-inhuman-or-degrading-treatment-under-the-victorian-charter
2.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2013/129.html?stem=0&synonyms=0&query=bare%20and%20small&nocontext=1
3. We were just perusing what the lawyers were doing on the Human
Rights front, and it doesnt seem that they are getting anywhere very
fast either; the legal services couldnt even get procedures correct to
get the investigation up and running in the first place. the honorable
thing would have been for the lawyers to admit that they were inept
and that the underaged Ethiopean man to have proper investigation into
Police violence and misconduct yet again. (I have a mind to seek
judicial review of the matter myself in the high court on the basis of
an unsafe judgment and deaths in custody and the "acts of bad faith"
in failure to investigate)
4. Berto, you will note that the above matter has NOT been reported
either. SO do not believe in a free and fair press !!
5. As for our own matter, since these lawyers are not doing so well,
we seek to have interpretation of the Charter as well, and our own
questions of law are as follow. Feel free to make corrections.
6. Not least is the question as to whether we can make digital
recordings of Court proceedings, so judges cannot corrupt the process
by refusing to release transcripts or authenticate orders and
judgements (Whelan, Vickery, Nettle and Neave JJA)
7. We have an intervention of the Victorian Attorney General with an
accompanying complaint of unlawful racial discrimination and racial
vilification against them for the same act. Their submission and our
response are attached.
8. We mentioned that we will match the wisdom of judges in New Dehli
with those of Commonwealth of the Australia, well here is a start,
taking on the ageless advice of Abe Lincoln: "Tis better to remain
silent and be thought a fool, than to open your mouth to remove all
doubts".
9. Charter of Human Rights and Responsibilities Act 2006 - SECT 24
Fair hearing
24. Fair hearing
(1) A person charged with a criminal offence or a party to a civil
proceeding
has the right to have the charge or proceeding decided by a competent,
independent and impartial court or tribunal after a fair and public
hearing.
"decided by a competent,independent and impartial court or tribunal
after a
fair and public hearing," we are still waiting for the Court of Appeal
to answer
our questions, so we can determine if they are "competent,independent
and impartial ".
We are just not sure who is more fond of the Abe Lincoln saying !!
Searching for answers,
Le Tuan PHAM
PO BOX 1255
St Albans 3121
Aboriginal Elder to take on the Whiteman's Judicial corruption &
perverting of the Rule of Law: Thorpe & Pham vs Lulham, Wenthworth,
VCAT & Ors, S CI 2013 0093; S CI 2013 0092;
IN THE SUPREME COURT OF
VICTORIA
AT MELBOURNE
JUDICAL REVIEW AND APPEALS
LIST S CI 2013
00093
COMMON
LAW DIVISION
BETWEEN
Robert Alan Thorpe
Le Tuan PHAM
Applicant(s)
and –
Ian B Lulham (Deputy President, VCAT)
E Wentworth (Member, VCAT)
& ors
(according to the attached Schedule)
Defendants
RESPONSE TO DEFENDANTS’ SUBMISSION
DATED 10 April 2013
Date of document: Monday, 13 May
2013
Filed on behalf of: The Applicant
Prepared by: Le Tuan
PHAM
Tel:
Fax:
Address:
1. This is an appeal against the decision of Associate Justice
Muhktar on 4 March 2013, under the Administrative Law Act 1978 and
Supreme Court Rules, inter alia;
2. The decision was to remove names of Applicants and Respondents
without the consent of the Applicant(s);
3. The Attorney General has applied to intervene in this matter
and was given permission;
4. Aboriginal Elder Robert Alan Thorpe and Dr Helen Tsigounis,
also applied to be heard under the Administrative Law Act 1978 and
Supreme Court Rules, inter alia, but have been denied to be heard;
5. We seek a referral to the Court of Appeal on these questions
of law under the
Charter of Human Rights and Responsibilities Act 2006 - SECT 33
Referral to Supreme Court
33. Referral to Supreme Court
(1) If, in a proceeding before a court or tribunal, a question of law
arises
that relates to the application of this Charter or a question arises
with
respect to the interpretation of a statutory provision in accordance
with this
Charter, that question may be referred to the Supreme Court if-
(a) a party has made an application for referral;
6. The questions are:
7. Does the right to a fair trial pursuant to s8(1),(2),(3) and s
24(1) and s38(1), inter alia, of the Charter operate to include the
right to be able to tape or digitally make a court proceeding,
especially when
a. the Court of Appeal (Whelan and Vickery JJA, Nettle and Neave
JJ) refuses to authorise and seal their orders and judgments, and
b. refuses to release on request the transcript of proceedings,
and
c. that applicant has a disability and memory loss.
8. Does the right to a fair trial pursuant to s8(1),(2),(3) and s
24(1) and s38(1), inter alia, of the Charter operate to include the
right to be effectively heard in the court of law at all, by
a. Applicants who were all unrepresented litigants;
b. Applicants who were either Aborigines, Refugees and immigrants
with ethnic backgrounds;
c. Applicants who were presented with disability(ies);
d. when judge of the supreme court victoria (Emerton J) admits to
being confused, or mostly confused about basic common law rights to
procedural fairness or
e. when judge of the supreme court victoria (Emerton J) appears
to be confused on the definition of certiorari and mandamus;
f. when judge of the supreme court victoria (Emerton J) refuses
to allow Aboriginal Elder Robert Alan Thorpe and Dr Helen Tsigounis,
to be party to proceedings under the Administrative Law Act 1978;
despite allowing the Attorney General to intervene
g. when judge of the supreme court victoria (Emerton J, Muhktar
AsJ) refuses to provide proper reasons for orders and judgments;
9. How does the right to a fair trial pursuant to s8(1),(2),(3)
and s 24(1) and s38(1), inter alia, of the Charter be best served,
a. when the Attorney General intervened seeking a Summary
dismissal requiring a full hearing rather than mere threshold of
establishing prima facie case;
b. and whether that amounts to an abuse of process;
c. and whether there should be an adjournment to allow the
Applicants further time to proceed with a full case;
10. Does the right to a fair trial pursuant to s8(1),(2),(3) and s
24(1) and s38(1), inter alia, of the Charter operate to include
harassment and intimidation of unrepresented litigants,
a. for the Prothonotary, court registrars and or officers and or
judges to harass and intimidate unrepresented litigants into
unauthorised and non-consensual alterations of his court applications,
removal of Applicants and Respondents,
b. and without the Applicants’ consents;
c. interfering with the administration of justice;
11. Does the right to a fair trial pursuant to s8(1),(2),(3) and s
24(1) and s38(1), inter alia, of the Charter operate to include proper
reasons for orders and judgments,
a. On plainest consideration of justice, the (Court) ought to
have set forth its reasons howsoever brief, in its order indicative an
application of its mind, all the more when its order amenable to
further avenue of challenge.
b. ''The giving of reasons is one of the fundamentals of good
administration and failure to give reason amounts to denial of
justice,'
c. (Justices Arijit Pasayat and Aftab Alam, Supreme Court India,
New Dehli)
12. The Submissions and Responses from the Respondents and Attorney
General are defective and incompetent;
13. They fail to challenge any of the Applicant(s) allegations and
questions of law, or question of the interpretation of the Charter;
14. The Respondents and the Attorney General have sat on their rights
to reply, and their submissions should be struck out for incompetence
and being defective;
15. The Administrative Law Act 1978 statutory provisions that the
Applicants rely upon in particular have not been challenged;
16. There are NO affidavits from the Registrar of the VCAT; and or
any Respondents party of breaches of the Charter;
17. And there appears to be an admission from VCAT of a collusion to
prevent the Applicant from access to s120 of the VCAT Act;
18. Where the (Principal) Registrar of VCAT and Member Wentworth and
Deputy President Lulham falsely and in bad faith claimed that the
Applicant was present at all or some of the hearing in front VCAT;
19. The Orders that the Applicants seek are:
20. The Judge Emerton J refer the questions of the interpretation of
the Charter to the Court of Appeal pursuant to s33 of the Charter;
21. And or The Judge Emerton J disqualify herself from proceedings
for admitting to being confused and not knowing the definition of
certiorari and mandamus;
22. And for refusing to provide reasons why Aboriginal Elder Robert
Alan Thorpe and Dr Helen Tsigounis, should not be party to
proceedings; and to reply to any submissions of the Attorney General;
23. Both matters should be run separately so as NOT to confuse the
judge(s)
a. S CI 2013 00093, is proceedings pursuant to the
Administrative Law Act on the conduct of VCAT, and breaches of the
Charter, Jurisdictional errors, where the Aboriginal Elder Robert
Alan Thorpe (and others) wishes to be party in order that the unlawful
actions of VCAT will not affect his peoples or other peoples who
cannot defend themselves for various reasons of inequality.
b. S CI 2013 00092, is an appeal pursuant to s148 of VCAT Act on
the original matter, that the Applicant was
i.
denied procedural fairness based on race and or disability, and
ii.
that the Real Estate agent, Tony Rachele, acted in bad faith; and
iii.
breached s133 VCAT Act, Non-compliance with Order made by Kefford 30
August 2011;
iv.
that the Applicant was denied Quiet and Peaceful Enjoyment under the
Residential Tenancy Act and other compensatory mechanism; inter alia
v.
that there is NO Valid Notice to Vacate;
vi.
that there should compensation for disability and hardship;
vii.
that the rooming house was unregistered and illegal;
viii. And
unfit for human habitation.
24. We seek proper orders for Aboriginal Elder Robert Alan Thorpe and
Dr Helen Tsigounis, to be added as parties and to have proper
submissions from them.
25. We seek that the Equal Opportunity and Human Rights Commission,
be added as party, since there is a complaint of unlawful racial
discrimination and racial vilification by the Attorney General to
intervene in matter pursuant to s148 of VCAT Act.
26. All submissions in the Appeal Book, form the Applicant’s
submission and include further affidavits and submissions, dated 11,
12 and 16 April 2013:
27. The Notice of Appeal from Orders made by AJ Mukhtar made on 4
March 2013, dated 6 March 3013;
28. The Affidavit in Support, of Le Tuan Pham, dated 6 March 2013;
29. The Affidavit of Elder Robert Alan Thorpe, dated 9 April 2013;
30. The Affidavits of Le Tuan Pham, dated 10,11,12,16 April 2013;
31. The Notices pursuant to the s35 of the Charter were served on the
Human Rights and Equal Opportunity Commission, and the State Attorney
General, dates ;
32. The Notice of a Constitutional Matter, served on all the
Attorneys General, on dates ;
33. will form the Submissions of the Applicant(s), and includes this
submission.
SCHEDULE OF PARTIES
Robert Alan
Thorpe
Applicant One
Le Tuan
Pham
Applicant Two
Ian B Lulham (Deputy President,
VCAT) Defendant One
E Wentworth (Member,
VCAT) Defendant
Two
President of
VCAT
Defendant Three
Principal Registrar
(VCAT)
Defendant Four
Principal Prothonotary (Supreme Court
Victoria) Defendant Five
Attorney General (State of
Victoria) Defendant
Six
Department of Justice, Victoria,
Australia
121 Exhibition St
GPO Box 4356
Melbourne VIC 3000
The Hon. Robert Clark, MP
121 Exhibition Street
Melbourne
Victoria, 3000
Supreme Court Victoria
210 William Street,
Melbourne, Victoria, 3000, Australia
Victorian Civil and Administrative Tribunal
55 King Street
Melbourne Vic 3000 Australia