VIC Contested Hearing for Intervention Order?

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aussieboyboy

Active Member
30 January 2019
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I'm about to attend a contested hearing for an intervention order, no children involved, no physical violence. One Applicant has never even met me or spoken to me. The other applicant has lied on his statement and made allegations which can be refuted by other family members. The reason the applicants have lied on their statements is that l have been posting remarks on my twitter and fb accounts, they can't stop me or sue me defamation cause the statements are proven and true.

This is the only way they can stop me from posting about them.

Can anyone give me any help on whether it can be proven untrue? Will the statements they make under oath be considered perjury?
 

Atticus

Well-Known Member
6 February 2019
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It doesn't matter if your statements on social media are true or not. It's not about the truth, they are not suing you for defamation, they are seeking to restrain you from Cyber stalking and bullying, which is what it sounds like you are doing...

Maybe offer an undertaking to cease
 

aussieboyboy

Active Member
30 January 2019
14
2
34
Thanks for your reply Atticus but l have no intention of taking an undertaking for posting the truth. l want my day in court. l want my statements on public record. l want a Magistrate to hear the background into this case. l'm not the only person who has posted things about this Applicant. l don't believe what l posted constitutes cyberbullying as all l did was repost a news article
 

Rod

Lawyer
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aussieboyboy

Active Member
30 January 2019
14
2
34
Hi Rod thanks for the reply

The Applicant has been in a legal battle with me for 5 years. It's in relation to my mother's estate and the theft conducted whilst the Applicant was POA and Executor. During the investigations, we found evidence that the Executor had lied on Stat Dec and falsified the POA. This discovery brought about an investigation from Vic Police.

The applicants are saying that l yelled at them at a coincidental meeting and l have posted comments on Social Media about them. One of the Applicants is an ex-Liberal Politician, so l posted a newspaper article on twitter with no comment. The basis of this Applicants statement is all fabrication on l have witnesses that will testify to this.

The other Applicant is a proven thief and liar, l have paperwork from Vic Police and VCAT to prove this. This applicant's statements have also been fabricated and can be proven by witnesses. This Applicant is wealthy and has reasonably been in the news in regards to the recent racing saga, l reposted a tweet about this horse, and that is the basis of his claim.

I'm contesting the order on the grounds of timing. Both Applicants stated they were terrified after the alleged incident but did not seek any assistance until 8 days later, even though they went straight past several police stations after said incident. I'm also stating that order was only taken out to discredit me as a witness in the fraud case against the other Applicant, the order was sorted the day after we were informed by Vic Police that the file has been handed to the DPP.
 

Rod

Lawyer
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Statements made under oath proven to be untrue are perjury but normally require referral to the police or possibly the Office of Public Prosecutions. It is an offence the State normally prosecutes.
 

aussieboyboy

Active Member
30 January 2019
14
2
34
Statements made under oath proven to be untrue are perjury but normally require referral to the police or possibly the Office of Public Prosecutions. It is an offence the State normally prosecutes.

Hi Rod,

Not going to hold my breath, DPP has been "investigating" the last time he perjured himself, that's been dragging on for 2 years even though one of the Witnesses, in this case, has a child that is a Police Prosecutor. This male applicant has gone to the directions hearing last week without Legal Representation and the Women's Legal Service ended up representing him, he's a millionaire with shares in the Vic Derby Day Winner that won 1.6mil in prize money and he can't afford a Lawyer?

Seems he knows how to play the system and has friends in the right places
 

Rod

Lawyer
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Womens Legal Service ended up representing him

I'd be writing to the managing lawyer at the women's service with a few details and suggesting public funds should not be wasted on someone with his resources, and asking for a please explain. If you don't get a satisfactory response then write to the department of justice and say the women's service are stepping beyond their bounds in representing a client who owns an expensive racehorse and suggest that maybe they can do with less funding if they have spare resources to waste on a rich client.
 

aussieboyboy

Active Member
30 January 2019
14
2
34
I'd be writing to the managing lawyer at the women's service with a few details and suggesting public funds should not be wasted on someone with his resources, and asking for a please explain. If you don't get a satisfactory response then write to the department of justice and say the women's service are stepping beyond their bounds in representing a client who owns an expensive racehorse and suggest that maybe they can do with less funding if they have spare resources to waste on a rich client.
Hi Rod,

Yes l did that, got a response from the director of Women's Legal Service who told me they don't feel that they were out of line representing him and when l asked them to represent me in his case they replied they can't help me now or in the future. I spoke to LSCV whom want to see the reply. I'm meeting with my Local member Tim Pallas and lm lodging a formal complaint with him. Absolutely disgusting to use resources in this manner. If they googled the horse's name he comes up as the Owner.

I'm a supervisor on a local soup van and deal with domestic violence first hand to see this happening is devastating this is the exact reason Women stay in these situations cause it's all just so hard...what happened to innocent until proven guilty....no one has even asked me if l was actually there
 

Rod

Lawyer
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Sounds like you are doing what you can. Keep at them and possibly write to the director of the Women's Service Shirley Southgate, saying the response you received is unacceptable.

Their missions from the website says:

We provide legal advice and representation to women experiencing disadvantage.
We advocate for law and policy that respects and promotes the rights of women.
We build the capacity of other professionals and the community to identify and respond appropriately to legal need.

Clearly against their mission!