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The Forum > General Discussion > should judges be given more directionary power?

should judges be given more directionary power?

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Mr Hlavak
Thank you for you very kind reply. I have emailed you and I hope I have sent it to the correct address.
I would have already replied to you however we had a black out at this silly hour of the morning.
The case is back in court tuesday. Friday she tried to file an aff she had done herself and they rejected it because it was not pandering to the EXACT lay out.
She is a person on a dissabilty p and there was little wrong with the aff because I saw it myself.
I rang the court and had a few words to say!
For the life of me I cant follow the court.
I mean its a clear case of asking them to enforce court orders that he has been in contempt over for over two years.
He has NEVER filed one scrap of paper in all that time yet the court keeps giving him another chance to file while shes destroyed!

I think if he gives him another chance- Which will be the "5th" she should find out if she can ammend her claim and charge him with child abuse which I think her first lawyer ought to have done in the first place.
This creep was her step father - until her mother died and then he married her.
Not hard to read between the lines and understand shes been abused by him all her lfe and very fearful of him.
Anyway the court is giving him every consideration despite the fact the same judge has now give him chance after chance to file.
I want to know how she can appeal-
"The Judge!" He would have to be on drugs! this is SO unfair.
It was really appreciated that you bothered to reply.
I rang and woke her up and she is actually sitting here having a coffee with me.
Funny how one act of kidness can change peoples lives isnt it.

You have hepled her because somebody offered to hear her story.
Thanks
Posted by People Against Live Exports & Intensive Farming, Sunday, 19 August 2007 4:40:33 AM
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Due to a large amount of e-mail I receive every day, and responding to them it might be that your e-mail was already responded upon. If not, then forward it again, if it is still relevant. Do keep in mind that the issue of appealing a "interlocutory order” may be subject to an application for “leave to appeal”. In my view, the so called “administrative decisions” which are to regulate the conduct of the proceedings and not being of judicial character may also have difficulties to appeal directly.
The issue of alleged child abuse is a very serious one and should not be made willy nilly. No matter how guilty a person might appear to be, in the right circumstances the person might actually be innocent of any wrongdoing.
From personal experiences I found that there are judges who “appear” to be bias, that is to allow one of the parties to get away with all kind of breaches of the rules of the Court while the other party is so to say clubbed over the head for any perceived breached. There are a range of Authorities about judicial bias or perceived judicial bias and if you like you can forward to me an e-mail and I could provide some.
If there is an appearance of bias then it might be best to have the judge to disqualify himself/herself from the case.
.
Dimes v. Proprietors of the Grand Junction Canal (1852) 3 II,L.C. 759
“The fundamental rule of English (Australian) law is that "No man can be a judge in his own case". It has long been held that if there is bias or the appearance of bias such as to deny justice or create the impression that justice has not been done, then that bias, or apparent bias, is sufficient to invalidate the decision of those who made the decision.”
.
As such this is one that could be used.
Posted by Mr Gerrit H Schorel-Hlavka, Monday, 27 August 2007 8:23:26 AM
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