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Tina, not sure how this works...I'm in Australia and have an

hi Tina, not sure how...
hi Tina, not sure how this works...I'm in Australia and have an issue with a policewoman who has lied to a court ...As a result I've been issued with an Interim Intervention Order...now she wants to withdraw her application...it's 8 days before a "directions hearing", but she hasn't followed a court order to supply "further and better particulars" (prob reasoning she's withdrawing)...ummm perhaps I'll send this first..ta
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Answered in 12 minutes by:
11/21/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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God Morning

If she is willing to withdraw the Application then there is really no need as the hearing will not go ahead.

Are you happy for her to withdraw the application?

Do you have the request in writing?

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Customer reply replied 21 days ago
hi Leon, am guessing you're in Australia ..?

I am in Sydney

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Customer reply replied 21 days ago
sorry, but I'm on a pension...so, am thinking I need to keep my query to the cap of $50, I 'seem to have agreed to'
...the issue is that this "application for an Intervention Order" was made without the consent of the AFM [a friend, and now ex-lover], and in the 17 weeks since the Interim Order was made [I claim illegally, on Aug 7th] my friend Anne has received shocking treatment from DHHS and the Child Protection Services staff, been 'forced into a local psych hospital, loaded up with psychotropic drugs, and has made three (3) attempts at "serious self-harm"
I'm now intent on exposing the actions of the policewoman, and issuing a counterclaim that she "attempted to pervert the course of justice....lied to the courts ..[possibly] colluded with the Magistrate/Prosecutor....and other items"
...I want to issue a damages/costs claim for the impact it's had on my life. I'm a 68yo divorced man, with no prior involvement in any "intervention matter" and the policewoman's "charges" were laughable. However, now that she has decided to withdraw them, I want to counterclaim, and try to move the case from Mag. to Supreme Crt [since some of what I may be claiming are criminal charges]
...apologies for typos, there's some [basic] story...so far S/C Shelley McKendry [policewoman/applicant] has simply sent me a one lie email ..saying she will withdraw on Nov 30th hearing...she hasn't used the Mag Crt form [FV109] and in that form she is required to tell me why she is withdrawing ...my claim for damages will be close to the max. allowed [$100G] ....I'm needing to get forms filled..Form 4B...Proper Basis Certification ,and an Affidavit...comments plz, ta

You are not paying more than you offered.

You cannot issue a claim for costs.

If the policewoman has lied in court, then a formal complaint has to be made to the police or if there hearing has not taken place then you show the court she has lied in cross examination.

If they intend to withdraw the application, I would suggest that your friend has her solicitor get a letter and formally advise the court of the intention of the Police with withdraw and that no-one have to attend on the next occasion.

In relation to the complaint about the policewoman after the mater is finalised, your friend has to then make a formal complaint about the policewoman and show the evidence she has.

If she does not have a solicitor she has to appear on the next occasion and if they withdraw then it is over. If they do not and they have not complied with the orders of the court to provide information she seeks that the matter be struck out for their failure to provide the evidence.

But in these cases she has to be represented and the court will not deal with the officer unless there is a hearing and she purgers herself. If they are going to withdraw do not waste your friends money. Allow it to be withdrawn and everything finishes and lodge a complaint to the police integrity unit for the officer to be disciplined or terminated if it is more serious.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 21 days ago
hi Leon, seems I didn't get my story straight to you, and you've mis-understood who is who
the policewoman has initially taken the Intervention Order application out against 'me' [I'm the respondent...my friend Anne is just the AFM]
...so the policewoman now wants to 'withdraw her application' [to get a Final Order ..in Family Violence Protection Act 2008], and I've had an Interim Order affecting my life for the last 17 weeks
...why are you saying I cannot issue a counter.claim for the "impact and damages this has brought into my life"..?
...

My apology it was a little hard to follow it all. But my advise stands.

If you wish compensation you are not going to get it.

It is a criminal Jurisdiction and the courts will not make any orders for compensation.

You cannot issue a claim. You have to lodge a complaint against the officer with the police.

If you have had a solicitor appearing fro you in court, you may be able to seek a costs order against the police but that is about it.

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Customer reply replied 21 days ago
ummm, I understood this matter is in the civil jurisdiction ...?

No Intervention orders are in the Criminal Jurisdiction. They are quasi criminal

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Customer reply replied 21 days ago
got an appointment ...can I come back in 30 plz..?

Sure chat when you get back.

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Customer reply replied 21 days ago
Hey Leon, this guy talked more than me..!!!
..ready to ask more questions plz

Sure

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Customer reply replied 21 days ago
what disturbs me is some advice I got yesterday from a barrister in court [I was there on a driving matter/different Court] who said, "yes, put in a counter.claim"

You cannot counter claim on an Intervention order.

You can raise the issue of perjury but you have to run a hearing.

If they withdraw then the hearing will not go ahead.

There is no compensation available.

But as I said if you have evidence of the false evidence you can lodge a formal complaint against the officer.

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Customer reply replied 21 days ago
another thing is that at my first appearance back in Aug [7th...when the Interim Order was made ...more on this later re S23 of the Act] I'm sure I remember getting the duty solicitor to give me some advice.....even though I said I'd "self.represent"....and she said "this is a civil matter"
..ok, will send, then read what you have typed, ta
Customer reply replied 21 days ago
ok, am just needing to confirm this with the Court...the Interventions Counter staff know me well ..so, I'll call them, and get back to you soon, ta

Good Morning

That is normal as you did not accept the order to be final and it was to go to hearing.

If you did not want ti made on an interim basis then the court would have had a mini hearing to decide if it should be or not.

It is dealt with on the civil standard. But under the law it is quasi criminal.

If you breach the order then you have committed a criminal offence.

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The court staff will not give you legal advise.

They will tell you to see a solicitor.

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Customer reply replied 21 days ago
hey Leon, the Intervention Order staff know me well ..so far I've put in a case Transfer Application [1991 Case Transfer Act] and was about to issue a Writ of Certiorari to have the issue of the first hearing [S23...my right to be 'heard'] dealt with
..so, the Registrar was most helpful, she explained that any "claim" I wished to make would be via a civil damages claim ...termed a cross.claim...
I am in the process of applying to a local uni [Deakin in Burwood / Victoria] to start a Law Degree and what you're telling me is of great interest
...it appears all I'll get out of this last hearing will be a chance to give the police.woman/applicant a 'piece of my mind'
...however I would like to obtain the copies of the reports from DHHS / Child Protection...any advice you can give me about this will be helpful, ta

You have to issue subpoenas to get documents released.

All the best and good luck with it.

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Customer reply replied 21 days ago
have already issued subpoenas to the staff member [team leader] at the Preston office of DHHS ...all I asked for was the reports ...and later intended to ask to cross-examine the staff members who were involved
..the whole matter escalaated when 'criminal threats' were made to my friend Anne at a 'home interview on June 14th' ...saying "DHHS would seek orders to remove her two young children if she refused to give them my name"
...interestingly police were present, and told Anne, and CPS officials that there were no 'grounds for an I/Order'...however the following day, Anne was forcibly summoned to the local police station because "an Intervention Order application had been ordered to be made [by DHHS]"
...I'd like your comment on the 'police/applicant' continuing to complete/sign on oath an 'application....while she has "knowledge of a threat made against Anne to 'coercively control/manipulate her into doing things against her wishes"
...is that not the applicant aiding/abetting a criminal act...by others [CPS officials]..??
...luckily Anne did "NOT CONSENT" to the making of the application ...and here is where the policewoman has lied [in writing] by claiming Anne came in of her own volition and "asked for the order"
...so, am I right in being able to "sue' the policewoman for "attempting to pervert the course of justice" from the very start of her "filling out her application, knowing there has been threats"..??
..thanks
Customer reply replied 21 days ago
sorry Leon, didn't check for typos ..!!!

I do not think so

All I can say is good luck and let me know what happens.

I cannot comment any more than I have.

I also think you better be prepared for cost orders if you are unsuccessful and you should not be doing this on your own

I would also be looking at the Act that give police powers as they may not have breached any law in making their demands to get a person to appear at a station.

But I cannot comment any further than this.

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Customer reply replied 21 days ago
ummm, hang on, are you saying you are restricted on "type of advice, or extent of advice" ...
will be back to you on this, ta
Customer reply replied 21 days ago
I'll be about an hour, thanks

I have given you what I can.

I am not here to assist you to run a case.

If you wish that you need to appoint a solicitor to act for you.

You have to understand I am restricted and I am not acting for you and cannot take you on as a client.

Also your question has no changed from the initial one. I stand by what I initially said that you cannot seek compensation from the officer

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Customer reply replied 21 days ago
ok, got you Leon...sorry I'm so long getting back to you, so, I'm hearing that I go to the top of the page and 'sign.off'...will do, and thanks
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,267
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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