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Filed notice of Appeal EA Sydney advice please

Hard done by and didn't get what I want

Hi , I have just received orders a month ago , managed to file notice of appeal at EA sydney on the final day of the 28 , The major concerns with my case re 18 hearings as SRL befor Out of touch irate screaming judge .  {1} Family report and said expert srink completly failed there duty of care of my child {2}  Judge read illeagaly subpoened dambing personal material subpoened by ICL re a work compo matter ,that I finally managed to get struck out , judge offered to disqualify but latter reniged . {3} judge allowed my ex wife legal aid council and the ICL 8 days of relentless personall attack on my fatherhood and allowed me 3hrs on each expert witness slashing my questions thwarting my detailed cross examine oppertuinity . {4}  On the 17/9/09 a revelation occured ICL and Legal Aid Solicitor and Barrister all for my Xwife agreed the danger was to great for my child to go home to the mothers violent partner due to the ICL subpoened DOCS material show my exwife reporting multipal abuse to DOCS re her partner who was also hitting my child and swaring abuse at my now 8 year old. All though this clearly  vindicated my 3 notice of child abuse files in this case againts my xwife and her partner .The judge is on record saying this is exactly what Mr …me….. has been saying all allong . {5} The judge refused me over 2 years ago to seek psycological help fom my the 6 year old who witness me his father being battered to the ground by my ex wifes partner . And stil the orders dis allow me to seek help for my child . {6}  The judge bullied my personal expert witness to change his opinion from my appeal based advice allowing me to seek my own swrink report full comprehensive mental health assesment , and without the bisased alligations from my ex wife { i got a very very good clean bill of health report FACT }   but got slamed by this judge for not attending the court appointed swrink at appointments set TWICE  by the ICL risking further vilonce infront the child as exwifes violent partner was to be at both appointments and evan after former apeal advise by a justice c said it would be an act of lunacy to put us all togetther . { 7}  ICL also failed to send my expert vital material in file FACT .

I beleive there are multipal mistakes . please help . Kind Regards and God Bles.
Hi masoniccourt,

Very unfortunately, you are not alone in your experiences of the federal/family court.

Everything from 'the bullied srl' to the 'icl' and 'ignored notices of abuse' and then being vindicated later, sounds just like our case.

If you managed to lodge the appeal at the 11th hour, good on you, it is not an easy task preparing an appeal as an srl.  We did ours to the best of our ability to hand in on time, then spent a further month refining and finding more substantial precedents etc.

Funny, as things have turned out, we have withdrawn the appeal in favour of a new trial which was agreed upon because of the shocking and embarrasing mess of the first trial.

It was worth all the effort of the appeal though, because it got the court moving, got us in front of a judge and registrar, and moved to the front of the queue(?sp) (front of line = two months instead of 6 or 8 or 12 months).

Regain your strength between rounds, and keep at it,
Cheers,
Stormsurge
Hi masonincourt.
I have read two of your posts, the first in this forum and the other in Hyde Park. With the greatest of respect what are you trying to accomplish? Is your post in this forum a form of vent because you have provided scant information for anybody to even proffer any basic advice. Your post in Hyde Park tells me that you are really under the severe emotional trauma of Family Law proceedings and need to take a break.

I notice that the one group that has the experience and expertise to perhaps answer some of your questions has not replied, perhaps you should re think your approach to these forums?

For Conan re Masoniccourt

Hi Conan ,  Fair coment , yes I have been venting frustration and concern !  I will now re think my aproach .  And try to focus on seeking legal advise from this forum .  But please your a person of established credibility here and obvious intelect . So I dont beleive you live as a mushrom does therefor feel it is un nessecary to try and draw out the obvious in coment , being there is an alarming culture of masonic influence in the court system from the high court down . I will say no more on the matter .   { You mention  posts on Hyde Park }  I do not know of any post in my hand on any other forum and have never heard of Hyde Park forum ???   What are you talking about ?  The only post I have done are here this being the 3rd .

A court system full of masonic influence does no justice at all !!!    No further coment from me on this subject matter !   Those wishing to be mushroms , be .    Kind Regards to you Conan  { and not directed at you ! }



Conan said
Hi masonincourt.
I have read two of your posts, the first in this forum and the other in Hyde Park. With the greatest of respect what are you trying to accomplish? Is your post in this forum a form of vent because you have provided scant information for anybody to even proffer any basic advice. Your post in Hyde Park tells me that you are really under the severe emotional trauma of Family Law proceedings and need to take a break.

I notice that the one group that has the experience and expertise to perhaps answer some of your questions has not replied, perhaps you should re think your approach to these forums?

masoniccourt said
{ You mention  posts on Hyde Park }  I do not know of any post in my hand on any other forum and have never heard of Hyde Park forum ???   What are you talking about ?  The only post I have done are here this being the 3rd .

Hyde Park is one of the forums/groups/categories within the discussion area. You may well have clicked on Forums. if you did or do, the result is a list of the forums available to yourself. They are grouped into sections. One section, has a title called General. Near the top (4th down for myself) there is a Forum that is called "LET OFF STEAM Venting area and Hyde Park Corner"; which some refer to simply as Hyde Park.

If you enter this Forum, near the top is a topic which you yourself have started, it's entitled "Re just filed apeal , thanks your responce Stormsurge"  If happened to scroll down a little you would encounter what is termed as a bread crumb (the hierarchical trail to where you currently are) this would have been Forum root > LET OFF STEAM Venting area and Hyde Park Corner.

I guess you now know where Hyde Park is, well at least in relation to this portal.
masoniccourt said
Hi , I have just received orders a month ago , managed to file notice of appeal at EA sydney on the final day of the 28 …
I assume you are not happy with the orders you have received and that you have found some techical failings in the judgement to which you are basing your appeal. SRL's need some advice before running an appeal. There is much here to review from the SRL-R executive and running an appeal is no small task without some support.. As you have already lodged a notice of appeal there is a very tight time frame and there are few exemptions if any to late appeal documents.
masoniccourt said
he major concerns with my case re 18 hearings as SRL befor Out of touch irate screaming judge.
I would be interested to know which "Judge" you are referring to and "Screaming" is an unusual word to use as I have been in and out of many courts over 9 years and have never heard any "screaming". The only screaming I may have heard is that of a screaming panic in the hearts of some ill prepared solicitors and legal aid representatives, who I am sure wish they could hide under the bar table, as the judicial officer asks the most basic questions and runs out of patience.
masoniccourt said
{1} Family report and said expert srink completly failed there duty of care of my child
Is there a duty of care? There is a requirement under the Family Law Act which lists specific sections relating to the Children and in relation to the Independant Children's Lawyer (ICL). In relation to the poor performance of an ICL you may want to read this post and topic.
masoniccourt said
{2} Judge read illeagaly subpoened dambing personal material subpoened by ICL re a work compo matter ,that I finally managed to get struck out , judge offered to disqualify but latter reniged .
Its hard to "illegally" subpoena material. Either you have gone to a subpoena hearing or you haven't.
masoniccourt said
{3} judge allowed my ex wife legal aid council and the ICL 8 days of relentless personall attack on my fatherhood and allowed me 3hrs on each expert witness slashing my questions thwarting my detailed cross examine oppertuinity .
Sounds like skilled and learned Council for the other side. And the issue is? I don't know what has happened in your case but it is supposed to be less adverserial. You also need to be mindfull when self represented that you can be up against some very aggressive opposition.
masoniccourt said
{4} On the 17/9/09 a revelation occured ICL and Legal Aid Solicitor and Barrister all for my Xwife agreed the danger was to great for my child to go home to the mothers violent partner due to the ICL subpoened DOCS material show my exwife reporting multipal abuse to DOCS re her partner who was also hitting my child and swaring abuse at my now 8 year old. All though this clearly vindicated my 3 notice of child abuse files in this case againts my xwife and her partner .The judge is on record saying this is exactly what Mr …me….. has been saying all allong . {5} The judge refused me over 2 years ago to seek psycological help fom my the 6 year old who witness me his father being battered to the ground by my ex wifes partner . And stil the orders dis allow me to seek help for my child . {6}
It sounds like there are some serious issues to be dealt with here.
masoniccourt said
The judge bullied my personal expert witness to change his opinion from my appeal based advice allowing me to seek my own swrink report full comprehensive mental health assesment , and without the bisased alligations from my ex wife { i got a very very good clean bill of health report FACT }but got slamed by this judge for not attending the court appointed swrink at appointments set TWICE by the ICL risking further vilonce infront the child as exwifes violent partner was to be at both appointments and evan after former apeal advise by a justice c said it would be an act of lunacy to put us all togetther .{ 7} ICL also failed to send my expert vital material in file FACT .
Why didn't you attend the shrink when you were supposed to (ordered to) ? That would have been a critical meeting and review for the Judicial officer to determine further facts.

These requests and appointments are not made lightly. It sounds like you may have needed support during the trial period and that support was lacking for you. There are around 5000 topics in the forums. You need to go to the forums by clicking the icon on the blue FORUM menu item at the top of the page (next to the Community link). You can also use the SEARCH link at the top right to get a lot more specific information out of the public forums.



Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
masoniccourt said
….. But please your a person of established credibility here and obvious intelect…
To add a bit of humour, for a moment, in the topic I would say masoniccourt that you are very lucky, because Conan is hardly ever this nice!! I had to ROTFL to read your comments about Conan. Perhaps he/she is mellowing in more aged years. As mentioned by others Hyde Park is another forum on this site that deals with items that are best dealt with from a soap box or bench in Hyde Park. It came about as we have some Moderators here with some distant colonial heritage who remember London's Hyde Park with a nostalgic tear or two.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Masoniccourt, I've been through an Appeal only last year. If you have any specific questions I will try to answer them if I am able to.  One thing you need to do is prepare Appeal Books and there are rules about this, see Family Law Rules.   You will need to include in them whatever is specifically ordered by the Appeal Judge. Be careful that you obey the rules otherwise your Appeal Books will not be accepted and that can be costly.

Regards Calista

First they ignore you, then they laugh at you, then they fight you, then you win.  M K Gandhi
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