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SA Getting Fair Justice under Australian Law - How to Lodge a Complaint?

Discussion in 'Australian Consumer Law Forum' started by squirrel333, 4 September 2015.

  1. squirrel333

    squirrel333 Well-Known Member

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    Would appreciate if someone could help how I can lodge a complaint in accordance with Australian Law about:

    1. Getting Fair Justice in South Australia
    2. Arrogant and rude Magistrate
    3. Affidavit from the Plaintiff riddled with doctored documents.
     
  2. praxidice

    praxidice Well-Known Member

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    Firstly, regardless of what you may have been told, there is no such thing as equal access to justice, how much you get depends on how much you can afford to purchase. As for the arrogant magistrate I'm afraid you'll need to take a spoonful of cement and harden up because arrogance is one of the perks of their job. Thankfully there are some quite decent magistrates. There is no shortage of plaintiffs and for that matter defendants who are happy to doctor documents however if you are aware of the doctoring you at least have an opportunity to address the alleged fabrication.
     
  3. squirrel333

    squirrel333 Well-Known Member

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    Thank you for your reply.

    I have had two Magistrates ignore my attempts to prove that the Plaintiff has doctored documents.
    Totally shut me down and literally had me thrown out of the court room when I insisted he look at my documents that contradicted the plaintiffs.

    There must me a way to take this further.
     
  4. praxidice

    praxidice Well-Known Member

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    I'm in Queensland so I don't know the personalities in South Australia however if the Chief Magistrate is halfway decent, you could send a submission to him or her as they are supposedly responsible for the conduct of other magistrates. The fact that you have registered a complaint 'should' disqualify the problematic magistrate from dealing with your matter although it doesn't always work like it should. For example, a matter in which I'm involved at present is being handled in a kangaroo court rather than a 'proper' one, consequently there isn't any semblance of accountability. The president (a supreme court judge) doesn't take his job seriously so there are very real difficulties getting the matter clear of arrogant ignoramuses. That said, my experience has been that once a suggestion of bias has been raised, the majority of 'proper' magistrates are only too happy to get the matter switched to someone else.

    For what its worth, there are rarely solutions to be found with an ombudsman or politician as they will crap on about separation of powers and independence of the judiciary. In simple english that means a magistrate or judge can't be disciplined by other than one of their peers. As with most things done by a politician, its mostly smoke and mirrors trickery intended to absolve them from responsibility but its generally quite difficult to get things done without first exhausting the normal channels.
     
  5. praxidice

    praxidice Well-Known Member

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    It just occurred to me that you didn't mention the present stage of your matter. Hopefully it didn't end up with the arrogant magistrate ruling in favour of the plaintiff. In my opinion the Chief Magistrate wouldn't reverse a decision once made however you'd possibly have an avenue for appeal on the basis of facts. Depending on any relevant peculiarities in South Australia, appeals on matters of fact would probably be a magistrates court issue and you could only go to a higher court if there are matters of law in dispute. No doubt a local community legal service would be in a position to enlighten you regarding those options.
     
  6. squirrel333

    squirrel333 Well-Known Member

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    Thanks for your reply.
    I have spoken to my local member of parliment today and he is going to see what he can do.

    I have written to the chief magistrate but have not had a reply.
    Very hard to find anyone willing to take on Credit Corp here in South Australia.
     
  7. praxidice

    praxidice Well-Known Member

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    The Best of British with the politician. Every single time I've consulted one of those galahs regarding a judicial matter, even one that is clearly related to their portfolio, the response has invariably 'we can't do anything with magistrates or judges due to separation of powers'. I know what you mean about Chief Magistrates not responding, they often have their head so far up their fundamental orifice they wouldn't recognize daylight if it fell on them. I have exactly that problem with the Supreme Court judge presiding over the kangaroo court.

    Four successive Attorneys General have all ducked for cover even though all relevant documentation says they are responsible for the kangaroo court. That said, we've now collected a group of people who have either been personally victimized by the moronic kangaroo court, or who are carers of victims. After who knows how many phone calls, emails, petitions and whatever harassing local members, ministers and the premier, they are finally inviting us to come and talk. I have no doubt the intention is to pick us off one at a time but we refuse to play that game. We are happy to talk, but only as a group. That way we can record everything said and throw the smelly brown stuff in their faces if they try the tired old trick of misrepresenting minutes of meetings. Forget that crap about being nice to politicians, the ONLY thing they understand is a show of force and even then it takes quite a few swipes across the lugholes with the (figurative) baseball bat before they sit up and take notice. Don't forget the adage about knowing when a politician is lying. They can't help it, its in their DNA.

    In theory, the Financial Services Ombudsman has jurisdiction over finance companies although my experience with those oxygen bandits is that they are merely a tool of the banksters. You might care to have a go, nothing ventured, nothing gained and all that.

    Another trick I've used in the past with some success is contacting all the entities responsible for licencing operations like Credit Corp. You may find that Credit Corp needs to be accredited with one or more authorities and occasionally you'll find an authority that takes their responsibilities seriously. That worked for me with a typical Gold Coast 'more sharks on the land than in the water' scumbag (not in finance industry) who runs up bills then switches companies to avoid paying. He was still required to be a member of a certain organization that takes scumbaggery on the part of its members VERY seriously and they would certainly have spread the word to the few sister organizations said scumbag could have gone to. As it transpired I got what he owed me so I didn't need to use every tool in the box but its still good to have a full toolkit when one has to do business with the sharks around here.
     
  8. squirrel333

    squirrel333 Well-Known Member

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    Apologies for late reply...

    I have been in hospital over all this and find it 110% unfair justice over a debt that is not my debt!

    I have 42 days to vacate my home over a debt that is not my debt.

    A $15K debt that is not my debt and $160k of Trustee fees!

    I need to find a Barrister that can help me which is extremely difficult in SA. The Credit Ombudsman who is the controller off Credit Corp is a waste of time as the CEO is the same CEO of Credit Corp

    Last year there was 56 complaints against Credit Corp, all declined to be investigated by the Credit Ombudsman

    Credit Corp impersonated me to get a copy of my Birth Certificate. Reported to ACCC but they refused to investigate.

    Police are investigating this as well as identity theft but this was ignored by the courts.
     

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