It is called Form 29a - Notice of Discovery, which is actually available from the Magistrates' Court of Victoria.
No doubt they will pretend they don't know what you're talking about!
Who's it for?
Anyone who has been:
- 'stitched up' by the court,
- rolled by the court,
- denied natural justice in the court,
- noticed a judicial registrar / judge / magistrate has 'erred' in law,
If you ask the registrar for the form, they may reply that they don't know what you're talking about, remind them that if they refuse to co-operate, they could be up for a serious (indictable) offence, as in the
Commonwealth v Hospital Contribution Fund [1982] HCA 13; (1982) 150 CLR 49 (11 May 1982)
ref: http://www.austlii.edu.au/au/cases/cth/HCA/1982/13.htmlalso remind them of the
MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 - REG 29.02
Notice for discovery(1) Except where these Rules otherwise provide, any party to a proceeding may serve on any other party a notice for discovery requiring the party served to make discovery of all documents which are or have been in that party's possession and which, in accordance with Rule 29.01.1 , are required to be discovered.
(2) A notice for discovery must be in Form 29A.
(3) Despite paragraph (1), a notice for discovery must not be served without leave of the Court in—
Rule 29.02(3)(aa) inserted by S.R. No. 70/2014 rule 5.
(aa) a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013 ;
(a) a proceeding under the Accident Compensation Act 1985 ;
(b) a proceeding under the Workers Compensation Act 1958 .
(4) If leave is granted under paragraph (3), Rule 63.04 does not apply, unless the Court otherwise orders.
(5) A notice for discovery must not be served more than 28 days after the day on which notice of defence is given unless the Court otherwise orders.
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Ref: http://www.austlii.edu.au/au/legis/vic/consol_reg/mcgcpr2010464/s29.02.html
Use this form, THEY hate it !!!
P.S. The actual validity of law in Victoria is put aside.
8 comments:
I wish to communicate with the owner of the Corporate Australia website because I am a freelance reporter wanting to generate stories on the topics discussed on your blog. So, please reply to me with an email address or mobile number if you'd be so kind. Also, does Form 29A mentioned on your blog, apply (can it be used) in other states of Australia?
Robert W are you still wanting to generate stories on the topics covered here? Are there any other people with media access/contacts who would like to expose what is going on in Australia in our courts? Was just in court in NSW - my daughter tried to establish her standing (a woman not her capital letter entity) and the jurisdiction of the court, asking the magistrate to produce his Oath. A warrant for her arrest was issue for non-appearance, she was patted down, cuffed and basically incarcerated at a correctional institute to appear via video link in court. I am writing letters to several authorities in an attempt to redress the matter.
Zara,
First and foremost people need to comprehend that the actions of the authorities are the actions of the administrators of a penal colony.
Australia, at law is still a colony of the British empire, hence the results you are experiencing.
One of the things the people can do is to obtain the names of the people who unlawfully incarcerate them, to lay charges at a later date.
I am in the process of writing letters and will be laying criminal charges against the judge and police involved if affidavit under penalty of perjury, full commercial liability that they were operating under their oath and police moving on a lawful warrant. Not waiting. : )
Yes, Robert W is still interested in speaking to both Zara Pine an to the admin/moderator of Corpau. Please make contact to glossa.channel@gmail.com for written or filmed interviews. We will help you.
Zara and Corpau admin, I would still like to speak to you about these matters. Please reach us at: glossa.channel@gmail.com
I would love to know if a Notice of Discovery can be served in a family violence case against a biased/angry judge.
As we know family violence cases are protected so no records are available, you can't complain about a Magistrate judge, the rule of guilty unless proven guilty doesn't exists, freedom of speech and right to defense are just utopia.
This is the democratic state we live in!
Do you simply fill out the template and mail to the prosecution or is there more to it?
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