CLICK THE SPONSORS' LOGOS FOR THE LATEST SPECIALS !



GOVERNANCE ISSUES
Home | Definitions | NHR | EMM | EES | BES | IBM Research EMS | Disclaimer | Copyright
 
Tue 03 Jun 2014					Recipient:6111MMV1
REF:AAEFF3R1					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	Fed Att-Gen, NSW Att-Gen, Carmel TEBBUTT MP

		LACK OF GOVERNANCE BY NSW COURT SYSTEM 
 
Thank you for the response to my letter to you 19 Apr 2014 from the NSW 
Attorney-General Brad HAZZARD MP letter dated 16 May 2014 forwarded by 
the Federal Attorney-General George BRANDIS QC MP

As the attachments were apparently not forwarded, it makes it difficult 
for anyone to respond effectively 

Hence I have accepted an offer to utilise the Internet to illustrate 
how much more effective the eCourt system can be with On-line Evidence 
rather than photocopying and posting/faxing attachments 

As you are aware I approached you following discussions with my State MP 
Carmel TEBBUTT about the "Lack of Governance" with NSW Court system and 
the attitude and antics of lawyers who I was paying

As I understand it from my research into NSW Electronic Case Management [ECM],
the NSW ECM System proposed by Justice SPIEGLEMAN former Chief Justice and L
ieutenant Governor NSW, forms the foundation of the national Electronic Case 
Management [ECM]

Ref:
1	Hon JJ Spiegelman, "Judicial accountability and performance indicators" 
	(paper presented at the 300th Anniversary of the Act of Settlement, 
	Vancouver, British Columbia, Canada. May 2001)
2	Hon JJ Spiegelman, "Cut costs Chief Justice tells lawyers 2004

Somewhere over the last 10 years the "Judicial Accountability and performance
indicators" have not eventuated hence my meeting with Carmel TEBBUTT to detail
my experiences with the NSW Case Management System since 2012

Mr HAZZARD as the NSW Attorney-General appears to be unaware of a number of 
issues in this case including:

a	On 16 Jan 2012 my disabled son's father died Intestate and as there was 
	no Will there was no provision for my son

b	On 05 Mar 2012 the Widow advertised that she would be applying for Letters
	of Administration of the Estate after 19 Mar 2012 

c	After no response from the Widow I lodged a Family Provisions Discovery 
	Summons to determine the value of the deceased estate

d	There were nine Direction Hearings in 2012 and the Widow's lawyer did not
	comply with any the Court Directions for ALL Hearings

e	More important the Court Registrar did not notify the Widow's Lawyer of 
	the 4 weeks to file accounts as per "s87 Effect of Neglect to file.."  
	accounts" Probate and Administration Act [PAA] 1898 {Att A}

f	This is a 115-year Act that still applies for Deceased estates because 
	the PAA was written after many centuries of perfecting the rules for 
	deceased estates

g	On 09 Oct 2012 the Widow's NSW lawyer and another defendant's NSW lawyer 
	conspired to arrange a mediation date with the knowledge of the Court 
	without the Plaintiff in attendance ! {Att B}  	

h	On 15 Oct 2012 the Widow claimed the estate is insolvent yet did not file
	an application for Administration until 12 Sep 2013, 18 months after she 
	advertised that she would be applying for administration

i	On 13 Mar 2013 the lawyer representing me wrote to the Judge about Fraud 
	in the estate to the NSW Court apparently after advice from the NSW Law 
	Society, yet the NSW Court has done nothing since about this issue 20 
	Court Direction hearings later {Att C - Ltr HALLEN J}

j	On 16 Jan 2014 I discovered that on 24 Sep 2007 the Widow's Lawyer received
	a "Reprimand of Delay" {Att D} from the Legal Services Commissioner [LSC]
	yet neither my lawyers nor the Court had checked the LSC Website despite 
	all my complaints about delay

k	On 27 Mar 2014 the Widow filed a document which admitted that she has 
	received over $ 474,000 in the estate that she had not declared 

NEXT STEPS

I am documenting how my NSW lawyer and the opposing NSW lawyer appear to have
colluded for financial benefit, hence the need for the Federal Attorney-General
to implement the Uniform Civil Procedures Rules [UPCR] and Electronic Case 
Management [ECM] with appropriate Key Performance Indicators [KPI] quickly

Yours sincerely	



Carline DUFFY      
Mother, Carer and Tutor of Tasman H DUFFY


Home | Definitions | NHR | EMM | EES | BES | IBM Research EMS | Disclaimer | Copyright