Did you think Australian Judges were beyond reproach?

Well hello to the Dirty Dyson matter regarding the former High Court Judge Dyson Heydon (previously a judge in Supreme Court NSW), all while other judges knew about it, but turned a blind eye.

Dirty Dyson

LAWYERS WEEKLY

The accusations against Dyson Heydon highlight a "deeper and more insidious" problem for courts globally, says a UNSW Law teaching fellow. “These issues run deep in the legal profession...."

Dirty Dyson

THE GUARDIAN

A senior lawyer at a top-tier firm has such a history of harassment that a supervisor must sit next to him at every social event... harassment rife in Australian legal profession. Link to PDF

Dirty Dyson

FINANCIAL REVIEW

The Baker McKenzie remedy :
Just Smile Ladies.... Can you imagine male lawyers being given similar advice?

DirtyDyson.com

FINANCIAL REVIEW

Across the legal industry, men and women who worked with Mr Heydon are debating a crucial question: was the brilliant High Court judge's attitude towards women an unfortunate relic of a more sexist age, or did it cross into behaviour that a jury might have deemed, to put it bluntly, crimes?

DirtyDyson.com

CANBERRA TIMES

The High Court has written to more than 100 former staff to uncover the extent of sexual harassment involving judges' associates. A group of female barristers have also lodged a complaint with the Legal Services Commissioner following allegations of sexual harassment and indecent assault against former High Court judge Dyson Heydon.

DirtyDyson.com

THE GUARDIAN

Heydon's lawyers complain that there was no opportunity to cross-examine the Victims. However the investigator invited Heydon to respond to the claims, but he declined to either be interviewed or provide a statement, effectively refusing to be involved in the inquiry. Link to PDF

DirtyDyson.com

ABC NEWS

For years, the stories of women who say they were sexually harassed by one of Australia's most powerful judicial figures were kept private, though allegations of his behaviour were apparently an "open secret" circulating among legal circles.
Link to PDF

DirtyDyson.com

LAWYERS WEEKLY

On the reports that Mr Heydon was not afforded “procedural fairness”, claimed by his lawyers and The Australian, the firm denied it as “ridiculous”. Principal Josh Bornstein said the High Court acted swiftly, that the investigation was led by a former inspector-general of intelligence-security and that a fair process was run at all times. Mr Heydon was also instructed at every point of the investigation by his lawyers.

Elizabeth Lee

ABC NEWS

Canberra Liberals politician Elizabeth Lee has claimed she was sexually harassed by former High Court Judge Dyson Heydon at the 2013 University of Canberra Law Ball. 
The former lawyer alleges Mr Heydon made unwanted sexual propositions towards her, repeatedly urging her to go to his hotel room. Link to PDF

Susan Kiefel Chief Justice High Court of Australia

BRISBANE TIMES

'We're ashamed': the Chief Justice and the High Court's #MeToo moment.
This week, the voices of long-silenced women in the legal profession became a roar – and were heard by the chief herself.
Link to PDF

Formal Statement.

Noor Blumer

SYDNEY MORNING HERALD

'The judge’s hands became very busy under the table': lawyer says Heydon groped her.
Noor Blumer, a prominent Canberra lawyer who was then President of the ACT Law Society, was delighted to be seated next to the guest of honour, whose brilliant legal mind she But the evening ended with Ms Blumer leaving in distress, disgusted after Mr Heydon groped her under the table, she says, before trying to kiss her against her will. Link to PDF

DirtyDyson.com

SYDNEY MORNING HERALD

Major legal publisher Thomson Reuters says it is reviewing its relationship with prolific author and former High Court justice Dyson Heydon, after an internal investigation by the court concluded he sexually harassed six former judge's associates. Link to PDF

DirtyDyson.com

WAS DYSON THROWN UNDER THE BUS?

Taken some time between 2007 and 2013, which is the period when Justice Kiefel and Justice Hayden served together at the High Court of Australia.

Pervert Australian Judge

SYDNEY MORNING HERALD

I was a 23-year-old law graduate. I had worked hard to earn my degree and gain professional experience at the same time that would set me apart in an increasingly competitive industry....
The behaviour quickly escalated to the judge taking photographs of me without my permission, inviting me to his hotel room, instructing me to bring a bikini to his hotel and discussing travel plans in which we could save money by sleeping in the same bed....
I was told to complain....
I had one opportunity to speak to the chief justice over the phone about the judge’s conduct, in which I was advised to confront the judge about his behaviour myself. The chief justice did not approach me again to inquire about my welfare....
Dutifully, I confronted my judge. He denied that anything inappropriate had taken place....
The conduct complained of was replaced, however, by verbal putdowns directed towards me in open court. Link to PDF

Barrister Josie Dempster

SYDNEY MORNING HERALD

"THERE ARE JUST SO MANY"
The reason I do not intend to call out my perpetrators is because I could not possibly recall all of the people who have ever wronged me, nor all of the occasions on which I have been harassed. Because there are just so many. That is the truth. Touching, staring, lewd remarks, invasive questions about my private life. Comments about my appearance, my body. Mostly in a professional context but occasionally in a personal one....
When it happens, I feel as if I shrink. I lose my voice. My strength. My capacity for rage. I feel like a little girl. I feel immense discomfort. I feel self-conscious. Exposed. As if my body is not mine. As if being a woman makes me less....
All of a sudden, I was blaming myself for something I had no hand in perpetrating....
Is this how men who perpetrate sexual harassment and assault are feeling? Or are they simply relieved that someone else has taken the fall for their bad behaviour?...
There is no point pinning all of the blame onto Dyson Heydon. On all accounts, his behaviour was morally, if not criminally, wrong and he should certainly be held accountable.... Link to PDF

High Court Report

THE AGE

"IT'S CAREER SUICIDE"
Ironically, in law – an industry where power and money are often regarded as more important than integrity – stories of unwanted sexual attention or the "innocent" hand on knee are all too common. Whether it be on the bench, at the bar, or in the solicitor’s office it is rife....

So what’s a young lawyer to do?

Confront the source? Chances are you’ll be managed out and gradually given less and less work until you are, quite literally, redundant. Dare approach HR? A file note may be made, a meeting scheduled. But it’s career suicide. Tell the managing partner? You’ll be told the firm takes these issues seriously. And then you’ll suddenly find yourself working for a new partner, in a different team. You’re an experienced litigator. Well, congratulations, now you’re a property lawyer! And trust me, this "strategy" is akin to Russian roulette – your new boss may be just as bad, perhaps worse. Link to PDF

HighCourt.Report

THE GUARDIAN

To all men who are in on the ‘open secret’: you have failed us....

To those men who are reading this and starting to stiffen their backs in self-defence, we accept that you may not be personally guilty of misconduct. But, if you thought that the “open secret” is par for the course, then you are part of the problem....

To all those men that are in on the “open secret”, you have failed us. You failed to speak out when you should have. You failed to help salvage the career of the women who left their workplace. You failed to advocate for your colleagues, for your friends, and for a future free from sex discrimination. Your silence was complicity. Link to PDF

PODCAST with BRI LEE
Dyson Heydon and the misogyny of the law

As allegations mount against former High Court justice Dyson Heydon, Bri Lee has written about the way misogyny and harassment are embedded in the legal profession. She says that may be changing.

HighCourt.Report

SYDNEY MORNING HERALD

...a fresh allegation came to light he "used his public standing on the High Court" to lure a woman into a position where he could make advances on her....
In a separate development, police said they had begun investigations on other allegations of inappropriate conduct that may amount to indecent assault....
These developments came as an Australian-born international human rights lawyer made another allegation against Mr Heydon.
The judge's approach allegedly involved an invitation on High Court stationery and champagne in his chambers, continuing a pattern described by other women who have made allegations against Mr Heydon.
"This was not just opportunistic behaviour. It was calculated behaviour. He used not only his public standing on the court, he really abused his position of trust," said Dr Alice Edwards....
Mr Heydon stood with her as she waited for the taxi, Dr Edwards said, and "continued to insist he should come back with me in the taxi, because taxi drivers in Canberra were dangerous men".... Link to PDF

High Court Report

CRIKEY

Dyson Heydon shows us how judges aren’t just blind to the abuse of power, they’re complicit.
The institutions of society reckon that men like Dyson Heydon would never be so 'stupid' as to abuse their power. But they are....

Another High Court Groping Judge

THE GUARDIAN

ANOTHER GROPER AT THE HIGH COURT :
Diana Bryant, former chief justice of the family court of Australia, said she was “shocked by these revelations, but not surprised”.
“This kind of behaviour isn’t new, it’s been rife within the legal profession and it goes back to times when I was a young lawyer, I had experiences myself,” Bryant told the ABC.
Bryant says she was groped by a high court judge at a legal dinner, in just the manner described in the allegations against Heydon, and as chief justice heard allegations of poor conduct by other judges.
“That happened to me in exactly the same way forty years ago at a dinner in which I was sitting next to a high court judge who I might say is no longer alive, who did exactly that to me, groped me under the table,” she says.
The allegations, which Heydon has denied, describe a type of sleazy conduct that is so prevalent as to be part of the culture of the legal profession.... Link to PDF

Alleged fraud by Solicitor and Client causes the District Court Queensland to wrongly insult and defame a litigant in person, along with breaching his Human Rights and causing him the damages of a costs order.
_________________
Below is the story currently evolving, regarding a litigant in person's personal account of how some judges in Queensland are open to be misled by a lawyer and his client, then close ranks when it is found out and a complaint is made about Fraud on the Court. They are slow, inefficient and can be insulting, all while demanding respect but giving little back and collecting huge remuneration well in excess of $400,000 per annum


However, what this exposes is a culture of lawyers being able to LIE to a Court with impunity.

THE NUTSHELL

1.    Warren Nigel Russ Process Server (Licensed by the Queensland Government), unlawfully trespassed multiple times and unlawfully evicted and locked out the Plaintiff (a litigant in person) pensioner and his wife (without the required Warrant of Possession), from a property at Cooroy while the Plaintiff and his wife were performing repairs, maintanance, painting and property upgrade for a future real estate listing, and were temporally living at another address while the upgade was taking place.

2.    The Plaintiff's wife, happened to be the beneficial owner of the Cooroy property, and her company Penny's Flowers Pty Ltd had made all of the mortgage payments on the property over a 9 year period since its purchase.

3.    The pensioner Plaintiff, who subsequently found Russ to be a serial liar, sued the Defendants (Russ and his company Commercial & Process Services Australia Pty Ltd) who have a hopeless defence that idiot Russ drafted himself in 2017, which he filed in the District Court Maroochydore.

4.    Scott Argles (a subsequent lawyer at Aejis Legal) and Russ declined the Plaintiff's invitation for them to amend the Defence Pleadings, in the face of the Plaintiff's notice that he would be applying for Summary Judgement (Declarations only with Damages to be assessed later).

5.    They were served with a Summary Judgement Application. On the evening before the hearing, they cobbled together Fabricated Evidence in an Affidavit by Russ, and Fake Submissions by Argles regarding issues that were not pleaded and unsupported by evidence other than the Fabricated Evidence, thus making them false and misleading; i.e. FAKE ISSUES or in other words a SHAM.

6.    The Fabricated Evidence consisted of Russ swearing that there were no belongings on the property (which included 2 x 6 metre Shipping Containers) of any value, and providing 50 photo exhibits that DID NOT include the SHIPPING CONTAINERS or OTHER BELONGINGS ON THE PROPERTY.

7.    The delinquent purpose of Russ & Argles, was to mislead the Court that the property had been abandoned, when it had not been abandoned, and turn it into a FAKE ISSUE in order to defeat the Summary Judgement Application, by telling the Court that the Fake Issues needed to go to trial.



8.    While failing to provide a mandatory affidavit pursuant to the rules of Summary Judgement (rule 296(2)) (Cash also ignored the Plaintiff's complaint about that), they served the cobbled material on the Plaintiff just before the hearing, and then handed it up to Cash.


9.    This caused the Plaintiff to be taken by surprise which Cash ignored, and chastised the Plaintiff for daring to complain about the non-truthfulness of the Russ Affidavit.

10.    Unfortunately his Honour Judge Cash, apparently wasn't astute enought to know what was going on, and trusted the Fabrication and Argles Submissions of Fake Issues to be genuine, and took no notice of the multitude of deemed admissions in the Defence Pleading, created by the sub-rules (1), (4) & (5) in Rule 166 - Denials & Non-Admissions.

11.    In the circumstances of being misled, Cash must have considered the submissions and evidence of the Plaintiff (a litigant in person) to be a waste of time, to the extent of not even commenting on them in his judgements.

12.    Not only did Cash dismiss the Application, but also awarded costs (to be paid immediately) against the Plaintiff, contrary to the similar circumstance in the Supreme Court authority, State of Qld v Nixon & Ors [2002] QSC 296.

13.    The matter then went to Appeal before Justice Philippides, who was provided with the same Fabricated Evidence together with the False and Misleading submissions of Fake Issues by Argles.

14.    AMAZINGLY, after FOUR months and ten days of deliberation, her Honour produced a two and a half page Judgement of just 10 paragraphs, DISREGARDING the Fabricated Evidence and Fake Issues, and repeated the findings of Cash, plus making a further costs order againt the Plaintiff.

15.    The Plaintiff became totally confused about this, no wonder because he and the District/Appeal Courts were victims of a Fraud.

16.    What was happening, was that the non pleaded Bullshit narrative of the Argles Submissions/Issues, was the version preferred by Cash and Philippides, who both apparently did not bother to compare the Argles Bullshit to the Defence Pleadings.

17.    Sub-rules 149(1)(b) & (c) dictate the requirements of pleadings, i.e:
(1) Each pleading must—
(b) contain a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and
(c) state specifically any matter that if not stated specifically may take another party by surprise;

18.    Or perhaps they did, and just didn't like the Plaintiff and favoured bias against a litigant in person. All sorts of things come to mind such as CA$H for CA$H, or perhaps it's a way to get rid of litigants in person (which judges call LiPs) from the Court. Certain elements of the judiciary in Queensland may have adopted the belief of a  psychiatrist, that a "LiP" can be pre-judged as being "querulous" or even having "schizophrenia", more about LiPs from Bernard Porter QC, who is now Judge Porter of Queensland's District Court. Link to the LiPs PDF

19.    The matter came on again before Cash who then ignored the Plaintiff's four Applications that could have arguably disposed of the proceeding for reasons of Russ
/ failing to comply with an order Rule 374;
/ failing to provide particulars Rule 163;
/ a multitude of deemed admissions Rule 166;
/ failing to comply with the rules Rule 371
.

20.    Instead of hearing those applications, Cash doubled down on his previous errors, decided to follow what Philippides had found (based on what Cash himself had found), and decided to hear an application for Security for Costs by Argles to protect a hopeless Defence, which included failing to plead at all, to core issues.

21.    A comedy of errors one may say, and to make things worse, Cash decided to use the Plaintiff's unpaid costs orders (obtained by fraud) against him.

22.    The result was that in a reserved decision over 2 months later in February 2020, his Honour Judge Cash of the District Court Queensland, insulted & defamed the Plaintiff and thereby breaching his Human Rights namely; sub-section 25(b) Right to Reputation while denying him fair hearings as required by sub-section 31(1) Right to a Fair Hearing of the Human Rights Act 2019 (QLD) and resulting judgement at:
https://archive.sclqld.org.au/qjudgment/2020/QDC20-012.pdf

23.    Againt the matter goes to Appeal, alleging Procedural Unfairness and Fraud on the Court (Notice of Appeal as Amended), and the President of the Appeal Court (Chief  Justice Walter Sofronoff * ABC Story * His Honour's Ferrari) has taken an interest.

24.    Aejis Legal & Argles have dumped Russ (or vice versa), who now has a new lawyer Chris Toogood Legal.

•    Judge Glen Cash QC has been employed in the Office of the Director of Public Prosecutions in Queensland since 1992, and has been a Crown Prosecutor since 2001, successfully prosecuting a series of murder, manslaughter, rape, drug trafficking and child sex offender cases. Glen Cash QC worked on the Daniel Morcombe murder trial and in Brett Cowan’s subsequent unsuccessful attempts to appeal that sentence LINK

•    Unsubstantiated allegations by a legal practitioner against a self represented opponent, fall short of the high standards required of the practitioner, according to Commisioner Mahon of the Queensland Legal Services Commission.

THE SICKENING TRUTH

Step in Justice Morrison JA

His Honour Justice Morrison is a graduate of The University of Queensland—Bachelor of Laws (1977). His Honour received the Family Law Prize in the same year.

In 1976 Justice Morrison was admitted as a barrister of the Supreme Court of Queensland before being appointed Queen's Counsel in 1989. Justice Morrison was previously a reporter for the Federal Law Reports (1980–84).

His Honour has extensive trial and appellate experience, appearing as lead counsel in various courts, including the High Court, Queensland Court of Appeal, Full Court of the Federal Court, Full Bench of the Industrial Relations Commission (New South Wales), Federal Court, and Supreme Courts of Queensland, New South Wales and Victoria.

NUTSHELL - part 2

25. There is yet ANOTHER (the third) security for costs application by the Defendants, so as to protect a hopeless defence that has no chance of success.

26. At hearing on 17 June 2020 before Justice Morrison, Toogood for the Defendants UNBELIEVABLY yet again rely on the Fabricated Affidavit, and the fact that Cash, despite being misled, came up with a finding against the Plaintiff.

27. THE SICKENING TRUTH
Perhaps the most sickening thing about this whole saga is that both Argles and Toogood are supposed to be Officers of the Court they practise in, and as such, have an absolute ethical Duty to the Court to tell the truth, including avoiding dishonesty or evasion, so as to promote justice and effective operation of the judicial system.

28. A FURTHER DELINQUENT CULTURE WITHIN THE LEGAL PROFESSION
This exposes a culture within the legal profession, further to misogyny and harassment being embedded (as per the Dirty Dyson and others exposure), where so called Officers of the Court can outright LIE to a Court with impunity.

29. The Plaintiff has come across this behaviour previously in Queensland, however this example is clearly the most outrageous.

30. From the Plaintiff’s experience, a judge is far more likely to favour submissions from a so called Officer of the Court (lawyer) than a litigant in person, and when a judgement is made in that circumstance, it is clear that the Appeal Court favours confirming the original judgement by a kind of entrapment, that is, by going through the judgement under appeal and getting the Plaintiff to agree with certain selective sentences that the Appeal Judge reads out. Often these are matters that the Plaintiff can agree to, however the issue is NOT with what is included in the judgement, rather than what has NOT been included, together with the portions of the judgement that the Appeal Judge has selectively omitted, who then may seek to have the Plaintiff retract allegations made about the judge in the Court below (i.e. the District Court).

31. Russ was given notice to attend the hearing for cross-examination of his Affidavit.

32. He did attend, but Morrison did not seek any cross-examination, nor did he seek an expanation from Russ.

33. After being advised by the Plaintiff of all the above matters at paragraphs 1 to 22, and how these matters were also of Public Interest, that included:
i.     False and Misleading submissions to a Queensland Court;
ii.    Fabricated Evidence to a Queensland Court;
iii.   A Queensland Court's duty to be guided by the pleadings, when hearing submissions;
iv.   The application of the recently enacted (01/01/2020) Human Rights Act (QLD) to Queensland Courts;
v.    The behaviour of the defendants and their lawyer, could arguably be Perverting the Course of Justice;
Justice Morrison reserved his decision. Hopefully he can do better than Justice Philippides.

ABOUT SCOTT DAVEY ARGLES

Scott Argles

Oh really?... the Public Trustee refuses to respond to inquiries about Scott Argles.

About the so called "Special Counsel".

Funny, Linkedin doesn't mention Argles being a "Senior Associate" and "Director of Legal Services".

Queensland Law Society has been requested for details of the Argles Practising Certificate, but the request has been ignored.

SPECIAL COUNSEL
Scott has been admitted as a Solicitor of the Supreme Court of Queensland for over 20 years. Prior to joining the firm, Scott was a Senior Associate at a large national law firm and international law firm and, in more recent times, was the Director of Legal Services for the Public Trustee of Queensland, (which employs around 30 lawyers).

CONTACT FORM

Any info on Judge Cash or Scott Argles?
Need a website for A$199.00? Solicitors.Website offers are coming.



The dog is looking for a bone...

The Plaintiff reserves the right to respond by way of this website to the false and derogatoty publication about him, by the District Court of Queensland.
FabricatedEvidence.com.au  •  Bias.Report

The dog's looking for a bone

UNDER CONSTRUCTION

O TEMPORA, O MORES. SEM SED DICTUM

Lorem ipsum dolor sit amet, consectetur elit. Nulla convallis pulvinar vestibulum. Donec eleifend, sem sed dictum mattis, turpis purus.

O TEMPORA, O MORES. SEM SED DICTUM

Lorem ipsum dolor sit amet, consectetur elit. Nulla convallis pulvinar vestibulum. Donec eleifend, sem sed dictum mattis, turpis purus.

O TEMPORA, O MORES. SEM SED DICTUM

Lorem ipsum dolor sit amet, consectetur elit. Nulla convallis pulvinar vestibulum. Donec eleifend, sem sed dictum mattis, turpis purus.