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Sat 19 Apr 2014					Recipient:6111MMV1
REF:AAEFDJR1					Y/R: Protracted Court Hearings

			IN THE PUBLIC INTEREST

The Hon Anthony ALBANESE MP			E:A.Albanese.MP@aph.gov.au
Member for Grayndler				F: {61}(2)9564-1734
PARLIAMENT OF AUSTRALIA				M: {61}(0)
334A Marrickville Rd   MARRICKVILLE    2204	P: {61}(2)9564-3588	

Dear Anthony				cc	Carmel TEBBUTT State MP

	SEPARATION OF POWERS [SoP] GIVES FEDERAL MPS AUTHORITY TO ACT
 
Thank you for your response letter dated Wed 26 Mar 2014 to my letter 
dated Tue 18 Mar 2014

Your letter states "Unfortunately, due to the separation of powers I am
unable to be involved in your individual case as it would be unethical for
me to do so"

The legal advice that I have received is that it is the "Separation of 
Powers [SoP] Doctrine" that gives you the Authority as my Federal MP
to Act as the NSW State Executive is not supporting State Legislation

There are a number of issues to consider including:

A	Federal Separation of Powers not State Separation of Powers
B	Examples where NSW Legislation ignored by NSW Executive
C	2005 Uniform Civil Procedure Rules [UCPR]

A	FED SEPARATION OF POWERS NOT STATE SEPARATION OF POWERS

According to Wikepedia the "Australian Separation of Powers Doctrine"
was part of the 1901 Australian Constitution

"The doctrine of the separation of powers in Australia divides the institutions 
of government into three branches: legislative, executive and judicial. 

The legislature makes the laws; the executive put the laws into operation; and 
the judiciary interprets the laws".

According to the Australian Government Website the Separation of 
Powers provides the Principle the "three powers can act as checks and 
balances on each other"

"The principle of the separation of powers is that, in order to prevent oppressive 
government, the three powers of government should be held by separate bodies-the 
Legislature, Executive and Judiciary-which can act as checks and balances on each 
other"
.
This is why I am contacting you in this matter to provide the Balance 
where the Checks are not working ! 

B	EXAMPLES NSW EXECUTIVE NOT SUPPORTING LEGISLATION

There have been numerous examples of where both the NSW Judiciary 
and the NSW Court Executive have ignored NSW Legislation including:

a	s87 NSW Probate and Administration Act 1898
b	s99 NSW Civil Procedure Act 2005
c	Practice Note SC Eq 7 15 May 2009

a	 s87 NSW Probate and Administration Act 1898 {Att A}

87 Effect of neglect to file etc inventory or accounts

(1)	Where an executor, administrator or trustee neglects to file, or 
	verify and file, an inventory of the estate of the deceased or to 
	file, or file and pass, or verify and file, or verify, file and 
	pass, the accounts relating to the estate in accordance with a 
	requirement made by or under section 85 within one month after the 
	expiration of the time fixed for compliance, the Registrar shall 
	cause the executor, administrator or trustee to be notified of the 
	executor's,administrator's or trustee's neglect

(2)	Where, on the expiration of one month after having been so notified,
	an executor, administrator or trustee further neglects to comply with 
	the requirement in respect of which the notification under that 
	subsection was given, the Court may, of its own motion, order the 
	executor, administrator or trustee to show cause before the Court 
	why the executor, administrator or trustee should not be ordered to
	file, or verify and file, an inventory of the estate of the 
	deceased or to file, or file and pass, or verify and file, or verify
	file and pass, the accounts relating to the estate, as the case may 
	require, in the Court forthwith.

(3)	Where an executor, administrator or trustee to whom subsection (2) 
	applies fails to show cause as referred to in that subsection, the 
	executor,administrator or trustee shall be liable to punishment for 
	contempt of court or to the payment of a fine not exceeding 20 
	penalty units.

(4)	An executor, administrator or trustee to whom subsection (2) 
	applies shall, unless the Court otherwise orders, be personally 
	liable for the cost and expenses of any proceedings pursuant to this
	section

b	s99 NSW Civil Procedure Act 2005

99 Liability of legal practitioner for unnecessary costs

(1)	This section applies if it appears to the court that costs have been
	incurred:
	
	(a)	by the serious neglect, serious incompetence or serious 
		misconduct of a legal practitioner, or

	(b)	improperly, or without reasonable cause, in circumstances for 
		which a legal practitioner is responsible........

c	Practice Note SC Eq7 15 May 2009

This Practice Notice published 15 May 2009 and in force from 01 Jun 2009
set a timetable of 4 weeks for Defendants in Family Provisions Claims to file 
Affidavit in response to a Summons

Paragraph 6 required the Defendant to file an Affidavit within 4 weeks of receiving
the Summons

This Practice Note was in force when the Family Provisions Claim was made on 
27 Apr 2012 and Paragraph 7 required the Defendant to provide many details about
the deceased's estate within 4 weeks 
Practice Note SC Eq7 15 May 2009

However on 12 Feb 2013 the Practice Note has a dramatically changed whereby all 
requirements from the Defendant were removed including the timetable of 4 weeks 
Practice Note SC Eq7 12 Feb 2013

C	UNIVERSAL CIVIL PROCEDURE RULES [UCPR] 2005

I am informed by my legal advisers that a remedy for these Complaints 
can exist with the new Universal Civil Procedure Rules [UCPR] 2005 for 
the Australian eCourt System, hence this letter to yourself rather than
my State MP Carmel TEBBUTT 
{Att C - Rules governing ECM expected into force on 10 Feb 2014}

NEXT STEPS

I would be pleased to discuss these important issues with you in more 
detail as they will have a significant impact with the new legislation 
and Regulations for the 2013 National Disability Insurance Scheme [NDIS]
 
Thank you

Yours sincerely	


Carline  
Mother, Carer and Tutor of Plaintiff


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