… ☞☞☞ … I have never stolen a penny of clients monies. Nor have I ever cheated on my taxes. Nor has the legal regulator ever, in 22 years, received a single complaint against me from any of my many prestigious clients or former clients. Nor have I ever committed or been charged or been prosecuted for any serious (or even trivial) criminal offence. Yet if the Victorian Civil and Administrative Claims Tribunal rubber stamps the irrefutably corrupt and failed Legal Services Commissioner’s unauthorised and illegal reprisal application this week or next, as it clearly wants to and will, I will become the first lawyer from any Top 10 Australian international law firm ever to be struck out of the profession. I will also join a growing list of human rights lawyers struck off, far from doing anything wrong, but for doing plenty that is virtuous and right. If claiming my whistleblowing scalp is what it takes to be the last will and testament of this corrupt and failed legal regulator, if this is what it takes to finally trigger Spring Street to spring into action, well in the scheme of things that is a small (and repairable) personal and political sacrifice for these insiped government agencies to make of me … ☞☞☞ …
LAWYEROCRACY ON TRIAL / THE 21 MAY PROJECT
A. MONDAY 6 AUGUST 2012 – NEXT LAWYEROCRACY ON TRIAL HEARING
I am writing to thank you for supporting me at previous VCAT hearings on 21 May 2012 and 6 July 2012 in my quest to (a) clear my name from false assertions of professional misconduct levelled at me by a corrupt legal regulator; and (b) to compel the legal regulator to investigate several dozen instances of professional misconduct (blackmail and fraud, perjury and the like) committed against me [as they are committed against 100s of other Australians every day].
Unfortunately the legal regulator’s zeal to invade my personal private legal affairs, on the false premises of “regulating the conduct of legal services providers” “for the protection of consumers of legal services” are matched by his zeal for refusing to police dozens of genuine instances of professional misconduct by paid legal professionals – mostly, I may add, paid by the Government precisely for the purpose of beating me up and whistleblocking me.
The next hearing in this lawless VCAT vigilante is scheduled for 10 am on Monday (this Monday, the 6th of August 2012) at 55 King Street Melbourne, Australia. I am hoping that as many of you as possible will be able to make it to the hearing in Melbourne to show your support. Let’s pack the public gallery again for the third hearing in a row, and show these government tyrants that we don’t like their business, and that we are “on to them”.
The “trial” is scheduled to resume at an interesting stage of development on 3 – 5 September 2012. But the reality is, that with upwards of 200 defence witnesses, requiring 100s of days to testify (and all of the 100s of days of preparation that precedes that), this year long trial will probably not be ready to commence until mid 2013.
Here are links to two letters that I have written to the Victorian Government in its various manifestations this week in pursuit of my rights “to have an Attorney appointed by the State” and responding to attempts by these bureaucrats to obstruct (by armed force) public access to these public hearings, and to hinder my presentation of “my case” against the State.
3rd Settlement Offer of 3 July 2012: http://imgur.com/sE30a
30 July 2012 Letter to LSC, VCAT, DP&C via Barristers Re consent orders: http://imgur.com/Cotld
31 July 2012 Letter to LSC, VCAT, DP&C via Barristers Re legal aid: http://imgur.com/mj3Yw
I have also blogged some background explanation to these letters:
And here is my last media release, back on 16 July 2012: http://imgur.com/9B0KI
You will see the good news is that I have retained a team of barristers, Senior Counsel (ie QC) and Junior Counsel to take up the running of my enormous defence case. I am in the process of organising an independent firm of solicitors to provide me with independent legal advice and to instruct and assist the barrister team (as Senior Counsel rightly and kindly refers, I am “understandably passionate” about protesting the corruption of my situation). And the workload for the incoming defence team is huge. There are now some 5 years worth of legal proceedings, tens of thousands of pages of Federal and State Supreme Court transcripts, mountains of evidence and hundreds of witnesses to assess and to organise for trial. This includes upwards of 200 witnesses, including the reissue of all 57 summonses (compelling “prominent” lawyers within the government to testify as to the breadth and depth of my whistleblowing on corruption and misconduct within the legal profession / government) that VCAT criminally cancelled at its secret Government only session on 17 May 2012 “a day [and a half]” before the official start of the trial on 21 May 2012 …
You will see the bad news that I am waiting for the Victorian government to get its act together to deliver on my “right to have an Attorney appointed by the State”. These bureaucrats are certainly not slack at using public monies to appoint lawyers for themselves … Having wasted $6M over the past 5 years (worse than wasted, given $6M of public monies to lawyers) to beat me up, to cloak, to cover up and to conceal and to commit further misconduct and corruption against me – it is very likely I am going to have to take the relevant bureaucracies to court to sue for orders that they deliver some monies into funding “both sides” of the case. A sad indictment of how lawyers “do government” these days. Fortunately, I am not counting solely on government monies for my defence … but it takes time …
In the course of organising all this this month, it has become clearer than ever that these #lawfare and #whistleblocking activies, which the Australian governments (in the hands of far too many corrupt and crooked lawyers for far too long) have been waging against me for so many years are not just crimes under State and Federal laws, and are not just human rights violations under State, Federal, Constitutional and International laws.
Of the Nazi’s bureaucrats who were sentenced at the Nuremberg Trials in the mid 20th Century, most of them were middle and medium ranked officials indicted for exactly the same offences of turning the machinery of government and the legal process into weapons of mass destruction of citizens and non-citizens as what these Australian government officials (with perhaps an extra kilo of gusto) are doing to me and thousands of other Australian citizens, every day.
The Australian Governments, under the controls of these corrupt and crooked lawyers (infesting all the benches of all the upper branches of all levels of government) could not be more clearly exposed for its Fascist Nazi practices, These are the same practices that have been going on in Australia without serious challenge, for more than 150 years.
All of this leads me to ask whether Australia, in splendid isolation from the rest of the world, a society created as a prison colony (a white slave plantation more like it) on stolen lands (as confirmed by the High Court in Mabo) is the most ‘perfect’ and ‘enduring’ fascist totalitarian regime (the quintessential lawyerocracy) that mankind has ever achieved for itself? And where do we begin to recognise and to repair things?
B. THE 21 MAY 12 PROJECT
Much more important than defending myself from fascist lawyer / government fraternity aggressions, I am pleased to announce some exciting news regarding the proposed High Court test cases to compel the High Court of Australia to repeal its disastrous 2004 rulings in D’Orta-Ekenakie v Victoria Legal Aid and (a barrister). Under these 2004 laws Australia remained the only country in the world since 2000 where barristers owe no legal professional duty of care for the conduct of court proceedings (the ‘barristers immunity’). And (the really damaging part) Australia became the only country in the world (since 2004) where ten times as many solicitors doing a hundred times as much litigation, became the only solicitors in the world who ceased to owe any legal duty of care to their clients or other litigants for the conduct of court proceedings.
Yes, remember the famous 1930s ‘snail in a bottle’ case of Donohue v Stevenson from High School legal studies? That was where lawyers decided it was about time that everybody was liable for professional / trade / personal negligent consequences of their decisions? (These are laws that, incidently, create work that keeps half the legal profession happy, healthy and wealthy.) Well in 2004 Australian lawyers (via a notoriously bad Government-own firm of solicitors called ‘Victoria Legal Aid’) spent $6M of public monies supposed to be spent as legal aid for poor needy citizens (and to compensate victims of negligently done lawyering) on a lawyers picnic to exclude lawyers from being subject to those same laws.
Needless to say, no other country in the world has been so, er Fascist, as to dare to create a completely different legal system and economy for its lawyers to the ones that they apply against the 99%.
You can listen to me discussion this outrageously corrupt system on air by clicking on this link to this radio interview I did recently: http://soundcloud.com/judy-ann-1/24th-may-2012-james-johnson
It seems to me that one of the best places to start to dismantle our Fascist legal system, and the Fascist lawyer-bureaucrat class that it creates, to to reintroduce justice to the law. And this begins by turning the clock back to 2004 and (a) making solicitors subject to the same professional negligence laws (for court work not just for non-court work) as they impose on everybody else; (b) by making Australian barristers subject to the same professional negligence laws as all non-Australian barristers are since 2000, 1980, 1921, 1800s etc etc in other former British Commonwealth countries); and (c) reintroducing the independent legal regulatory scheme that was in operation in Victoria from 1996 to 2004 (before the crooked Bracks-Brumby-Hulls administration of 1998 – 2010 reintroduced the bad old ‘old boys’ systems back to Victoria).
The good news is that we these law reforms are happening.
We have retained two Queens Counsel and a team of top “junior” Barristers and are auditioning for a third top tier national law firm, for the purposes instructing them. The goal is to take 6 – 10 individual test cases of blatant solicitor and barrister negligence (and worse) to the High Court so that the High Court will have a full gamut of facts and situations which should propel it to follow the 15:0 House of Lords decision in 2000 (A J Mitchell & Sons) where the all 15 English Law Lords unanimously ruled that it was time that British barristers were subject to the laws of Donoghue v Stevenson – without any attempts by the legal fraternity to dare to suggest that the ‘special position’ of barristers up to that point should be blown up and out and over ten times as many solicitors, doing hundred times as many litigations …
I have previously noted the 3 goals of the 21 May Project in an earlier blog:
C. CONCLUDING REMARKS
If you are in Melbourne, please come along to VCAT at 55 King Street, Melbourne, at 10 am on Monday (6 August 2012, yes, this Monday) for this latest Fascist vigilante hearing against me.
And put 3 – 5 September in your diary in case this Fascist legal fraternity decides to shot gun me into a rubber stamped trial on 3 September 2012 despite the fact that I am still waiting for it (the Government) to deliver on my “right to an Attorney appointed by the State” via legal aid.
As Bob Dylan wrote and sang (in his 1975 Ballad of Rubin “”Hurricane” Carter – “I am ashamed to live in a land where justice is just a game …”
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Independent Federal Candidate for Lalor
Constitutional Human Rights Advocate
Solicitor and Barrister of the High Court of Australia
(Celebrating 20 Years of Legal Practice 1990 – 2010)