Monday, 21 March 2016

Mr Keenan please fix

After the 6 hour public transport discovery journey to lodge at Brisbane I have had to write to the Minister fro Justice Mr Keenan to ask him to solve the problem of a possible liberal party member running the High Court registry in Sydney.

You are in charge of the High Courts, in so much as your department employs the public servants.
Is the registrar of the Sydney office of the High Court a liberal party member or does he have family members with connections in the party?

I ask because I tried to lodge at the High Court post box in the Brisbane Federal court registry yesterday.  They faxed the papers to Mr Grey at Sydney instead of the Canberra High Court.  Mr Grey took about 8 minutes to read 25 pages of documentation and say he rejects because of rule 27.

Rule 27 has 70 parts, one part does not comply, that of the notification time for in Australia or Overseas.  The respondent is an MP known to flit about the world don his gold card,the day I lodged he was in transit to London. Goodness knows where he is today.  Rule 6.01 of the High Court rules allows for this and special circumstances but Mr Grey being in Sydney refused to talk to me about it.
He refused to explain which of the 70 parts of rule 27 other than the service was at fault.

I asked Mr Grey on 3 occasions prior to lodging about the where is Abbott part of rule 27 amongst other problems and he refused to answer my emails.

will you please ask Mr Grey to transfer the lodgement applications forms or what ever  he wants to call them to the Canberra High  Court and ask the registrar there to explain which of the 70 parts of rule 27 is at fault.

would you like a copy of the paperwork sent to your office for your professionals to check?

I have had legal advice from professors of constitutional law at two major universities and lawyers throughout the country. unfortunately all are terrified of being blacklisted by the liberal party and demand to remain anonymous.  hence my lodging as a private individual.

I know it is highly unlikely the MPs involved in the party would resort to black listing but there are 60,000 members of the party running at least 30,000 businesses in this country. That is what lawyers are afraid of,those potential customers not employing them. 

The basis of the lodgement is in this and links to documents are in my blog.  Of course those documents weren't used in the High Court, one of the constitutional professors suggested I try the Federal court first, because that is where the case will end up and it gives me a back door look at what is needed by the courts.  Except for the liberal hack in the Sydney registry all would be fine. 

I don't blame people being members of political parties, I was once a member of the Scottish Nationals because I met and liked Mr Salmond, but senior public servants should be able to separate work and play.

I do hope you can have the High Court in Canberra examine the documents and determine which of the 70 points in rule 27 is at fault, except as I said the service in Australia or overseas which will be solved using rule 6.01.

It is very poor public service practice for a senior staffer like Mr Grey to refuse to talk to someone lodging papers especially when those papers are lodged 1500km away.  And to be hung up on by another staff member because I asked for the part of Rule 27 at fault is not what the public service is about.  I am ex Defence Signals Directorate,Taxation, ABS and know about service and what public servants are there to do.

I look forward to your response so this fiasco can be sorted before the election.

The bit down the bottom that paid for the printing,the photocopying,the envelopes and stamps and phone calls.  The trips to Brisbane and caffeine top ups from 5am until home time. The trips to Brisbane are a 6 hour round trip public transport adventure.  Thanks to everyone who has clicked on this in the last year or so.


Sunday, 20 March 2016

yet again

It really is quite surprising where the protection of Anthony John Abbott comes from.

The latest may be a member of the party or someone associated with a member of the party working as registrar of the High Court in Sydney.

I wrote to him 3 times in the past few weeks asking fro normal registry assistance on lodging the High court proceedings against Abbott.  He refused to answer any email.  A while back he responded to my request for a simple how to for lodging after I had explained a couple of professors of constitutional law had looked over the case and said it was sound.  I got a few anonymous lawyers to look at it and again everything looks fine.  With Mr Grey of the Sydney Registry of the High court he suggested "get some legal advice" or talk to " your"  professors of law.

Canberra High Court registry have been very helpful.

Today I lodged the High Court documents at Brisbane registry for the High court.  It's a mail box for the High Court and instead of sending to Canberra as would be normal they faxed it to Mr Grey in Sydney.  In about 19 minutes he read the 25-30 pages and said he refused the lodgement because I don't comply with rule 27 of the High Court Rules.  There are 70 parts to rule 27.

Mr Grey refused to tell the Brisbane registry office which part of the rule wasn't complied with.

I rang the Sydney office a minute after the Brisbane office was speaking with Mr Grey and he "wasn't in the office".  The registry clerk I spoke to refused to tell me which part of the rule wasn't complied with.

Is Mr Grey or a member of his family a part of the liberal party?  I have asked the Canberra registry,assuming the emails get through to them and aren't hijacked by Mr Grey.  I have asked Mr Keenan as Minster of Justice but he is one of the Abbottistas and I doubt he will bother even thinking about replying.

Some other fine coverups for Mr Abbott are:-

Senator Brandis destroying my emails about a possible crime and not referring them to the Attorney General Department.  AFP have been advised but breath holding doesn't work.

Mr Quaedvlieg deciding he as 2IC at AFP couldn't investigate fraud where Mr Abbott signed false declarations for the AEC because the AEC couldn't ask about citizenship.

The petition to parliament,number 1108-2606 asking Mr Abbott to show parliament his renunciation of British citizenship papers.  That remains ignored by Mr Abbott.

The petition to parliament 1133-1639 asking if Mr Abbott's mum filling in his citizenship application was legal and within the Immigration department rules. That petition was lobbed onto Senator Cormann as Special Minister of State instead of Mr Dutton as Minister for Immigration. It is marked not referred.  Why on earth was it with Cormann and marked not referred?  It's Duttons department stupid.  And the Petitions committee dont respond to emails about that one.  Doc Jensen is the boss of that.

Peta Credlin telling me she would never allow an FOI about Abbott's renunciation papers before I had even written an FOI.

They are good,persistent and not even worried about being caught out.

So it comes to Mr Grey.  Are you a member of the party Mr Grey or is your wife? Perhaps mum and dad?

The lawyers in Queensland are terrified of being blacklisted by the party should their name ever be associated with the Abbott High Court trip. Who could blame them, the party has directors and owners of probably 30,000 companies in it's ranks and if they decide officially or unofficially to blacklist a lawyer that's a huge potential loss.  even without the actual blacklisting the threat of a possible blacklist terrifies the smallest individual all the way up to multi national companies.  One wanted to charge $800 to tell me there is a conflict of interest.

In case you didn't catch the gist of this, the High Court action has been knocked back by a possible member of the party because it doesn't comply with one bit of a 70 part rule of the high court.  Mr Grey registrar of Sydney High Court refuses to say which bit.

The bit down the bottom that paid for the printing,the photocopying,the envelopes and stamps and phone calls.  The trips to Brisbane and caffeine top ups from 5am until home time. the trips to Brisbane are a 6 hour round trip public transport adventure.

Wednesday, 2 March 2016

Lodged in the Federal Court

I lodged the following with the federal court today.

It is now up to the court to see if the eyes are crossed and the tees dotted, hopefully all is well and then they will set a date for things to happen.

Federal Court rejected it,says its a High Court matter, so frantically learning high court legalese and lodging there.  Much more expensive LOL, even the number of copies of documents.  2 for court, 1 for Abbott, 1 for me and one each for every Attorney General in the land.  All states territories and Brandis.  fun fun fun in the sun

Tony Magrathea  
Anthony John Abbott

To the Respondent
The Applicant applies for the relief set out in this application.
The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.
You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding.

Details of claim
On the grounds stated in the statement of claim, accompanying affidavit or other document prescribed by the Rules, the Applicant claims:
1.            I seek relief under the Common Informers (Parliamentary Disqualifications) Act 1975, part 3,1 a & b, being $200 per day Mr Abbott has sat in parliament as a dual national in breach of S44 of the Australian Constitution.  A copy of form 18 20 110801 is attached.


Tony Magrathea
Anthony John Abbott
The applicant gives notice that the proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903.
Nature of Constitutional matter
The Common Informers (Parliamentary Disqualifications) Act 1975 3.1 states “Any person who, whether before or after the commencement of this Act, has sat as a senator or as a member of the House of Representatives while he or she was a person declared by the Constitution to be incapable of so sitting shall be liable to pay to any person who sues for it in the High Court a sum equal to the total of:” Mr Abbott has failed to comply with that part of the constitution which requires him to be disqualified if he “is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;” Section 44, (i) of the Australian Constitution.
Facts showing that section 78B Judiciary Act 1903 applies
1.            Mr Abbott was born in London England on 11th November 1957 to a British father and Australian mother.  This gave him automatic British citizenship under the laws operating in the United Kingdom at that time. Document 1 is a copy of his British birth certificate.
2.            In June 1981 Mr Abbott gained Australian citizenship which was granted as per section 11(4) of the Australian Citizenship Act 1948. That states “The applicant, and any natural child of the applicant included in the application, becomes an Australian citizen on the day on which the applicant is registered as an Australian citizen”.  With this granting of citizenship Mr Abbott became a dual British and Australian citizen.  Document 2 is a copy of the National Archives of Australia file page detailing the granting of citizenship.
3.            In October 1981 Mr Abbott entered Oxford University which advised “Mr Abbott had British nationality when he matriculated on 17 October 1981. ie. When he was formally admitted to university”.  A copy of the FOI document is document 3.  This shows Mr Abbott was aware he had dual British and Australian citizenship when entering Oxford four months after gaining Australian citizenship.
4.            The Department of Prime Minster and Cabinet in an FOI 2014/159 states that the renunciation documents do not exist.  A copy of that decision is at document 4.
5.            On 4th February 2016 the National Archives of the UK sent me an email detailing that up until February 1986 Mr Abbott had not renounced his British citizenship.  A copy of that is at document 5.

6.            On 8th February 2016 I wrote to both Senator Brandis in his capacity as Attorney General and to the Secretary of the department of the Attorney General Mr Moraitis advising I may be commencing proceedings relating to the constitution and 78b of the Judiciary Act 1903. A copy of that letter addressed to Mr Moraitis is at document 6.  The same letter was sent to Senator Brandis.

7.            On 23rd November 2015 a petition was lodged in parliament to have Mr Abbott show his renunciation papers.   As of 29th February 2016 Mr Abbott has not responded to that petition.  The petition is number 1108-1606 and a copy is at document 7. 

~~~~~~~~~~~~~~~~~~~ all the document mentioned above can be found in previous blogs 
or the FOI link mentioned so often   

The petition to parliament unanswered by Abbott is in the blog
The letter to Brandis and Moraitis is basically whats in the lodged documents for court. 
And the email from the National archives is in the blog 

The cost surprised me.  

And that bit at the end of everything,just for old times sake