AustralianPlanet: Australia's search engine Nicholas N Chin v Legal Practice Board of WA: September 2012

Nicholas N Chin v Legal Practice Board of WA

Courts not to avoid the litigation of three issues so that justice is seen to be done: 1) Pseudo Board 2) Pillaging by solicitor with a zero sum false debt claim. 3) Recognition of the falsification of court records This Gordian Knot will free me for independent law practice again

Sunday, September 30, 2012

WHY AN HONEST LAWYER CANNOT DEFEND HIS HONEST CLIENTS.



DEMOCRACY DEFINED
Campaign Philosophy Index
(Standard English Spelling)
I. IS YOUR COUNTRY A DEMOCRACY OR IS YOUR GOVERNMENT A DESPOTISM ?
ANNULMENT-BY-JURY: WHY IS THE CITIZEN-JUROR’S JUDGEMENT ON THE JUSTICE OF THE LAW SO VITAL A PART OF ANY FAIR AND COMPETENT JUSTICE SYSTEM ?
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WHY THE LEGAL PROFESSION
CANNOT DEFEND YOU.
Consider some of the following breaches of common law and Constitution to which modern government resorts, in order to enforce its money-motivated inequitable statutes:
Today, to ensure the enforcement of whatever unjust legislation government passes, a government-contrived legal obligation bans attorneys, solicitors, lawyers and barristers from presenting evidence which exonerates defendants, if it "disputes the law." Judges forbid the accused likewise. In an unforgivable meretricious act of obsequious criminality, for pay, the lawyer adopts the perjury and subreption* of not presenting evidence which exonerates defendants.
*Definition. subreption: concealment of evidence; the perjurious procuring of an advantage by concealing the truth.
Over years, literally billions accrue to law firms’ personnel. In order to ply their lucrative trade (one can no longer dignify this morbid masquerade by calling it a ‘profession’), nowadays lawyers blithely abdicate responsibility and forsake honesty. For gain, lawyers perjuriously consent to this odious denial of the duty to find The Whole Truth. They compound their malfeasance by also tacitly concealing the Constitutional Jurors’ Rights and Duty to judge the law and to find the Verdict according to the Juror’s conscience.
We point out this crime, this disgrace, this contemptible species of inhumanity. There is no defence to the charge of lawyers acquiescing to the denial of their duty to find The Whole Truth and their profiting from, and being party to, the abuse and imprisonment of innumerable masses of innocent citizens. Consider the charges:
Fact 1: "lawyers cannot present defence or evidence which exonerates defendants if it disputes the legality of the law."
Fact 2: "lawyers must abide by the court’s authority whenever judges rule out exonerative evidence."
In shameful meek obedience, lawyers do not dispute the ‘law’ even when its enforcement is manifest injustice. Where the law is unjust and defendants are innocent of any crime (no mens rea), lawyers nevertheless ‘advise’ people to plead "guilty" and make plea bargains, rather than their pleading Not Guilty and electing to go to a Trial by Jury. This comprises one major reason why Trials by Jury have become so infrequent. It also results in the West’s largest prison population of all time, consisting principally of harmless citizens innocent of any crime; while the real crimes go unsolved and largely unchallenged; and the accountable progenitors of crime and their servitors, the hardened dangerous criminals, go scot free...
See Democracy Defined Campaign Philosophy Page 2; the section on mens rea, malice aforethought, criminal intent, "Guilty?" or "Not Guilty?" Wrongful Prosecution; Amnesty & Restitution. See: PROHIBITION: THE PROGENITOR OF CRIME; Part Six of THE REPORT ISBN 9781902848204, which has a Foreword by an official Adviser to U.S. government and is endorsed by academics, doctors (of a variety of disciplines) and judges (U.S. & U.K.).
The educated people who comprise the ‘legal profession’ are, by their acquiescence and continued participation in the unlawful, tyrannical, perverted processes of today, more to blame than any other group in society for the destruction of the Constitutional Justice System; and for all the inevitably ensuing totalitarian injustice that results therefrom: the enactment and prosecution of ex parte, money-motivated statutes; the abuse of innocent citizens; wrongful penalisation; and the mass incarcerations at the highest per capita rate in history.
It is not possible for anyone who is remotely au courant with the Illegality of the Status Quo, to deem as ‘true’, and as ‘counsel’ the word of these people who collude in and profit from the widespread enforcement of injustices against innocent citizens.
In myriad cases, defendants would fare better by dismissing their lawyer and presenting a straightforward courtroom defence and the exonerative evidence for themselves, which is their right.
If a significant number of defendants were to take up this option of pleading Not Guilty, electing to go for a Trial by Jury and presenting their own defence, then the legal profession would either have to put up with losing the greater proportion of their phenomenally lucrative and easy paydays—or press hard for restoration of Constitutional Trial by Jury in which juries judge the law, and defendants and lawyers are obliged, in seeking The Whole Truth, to present such evidence as reveals an unfounded nature, inequity, venal* motive, of any modern statutes, and hence the crimes per se of the acts of their enforcement.
*Definition. venal: corruptly mercenary; (able to be) bought over; open to bribery.
With defendants presenting defence for themselves, thus withholding from lawyers a major source of income, the legal professionals would have their prime, perhapsonly, motivating impulse, i.e. money, compelling them to strive—for once on the side of Truth and Justice—for RESTORATION of the Constitutional Common Law Trial by Jury Justice System.
In the face of extant modern tyranny, state crime and corruption, honest members must forthwith free themselves from dependence on income from, and all association with, the scribes and pharisees of the ‘legal profession’. The correct course for every man or woman of probity, the only honourable way of proceeding for members of the profession, is to resist in wrath and indignation, and to refuse to accept the gains so ill-gotten; and campaign (with us) to right the wrongs.
Insincere, gravely wrong ‘advice’ and mendacity swiftly become the inscrutable, smooth practised habit of those who, for money, accept that they cannot tell the truth. Controlled by courts (judges) under threat of penalty, and as willing, paid participants in this massive Crime Against Humanity, today’s lawyers cannot give candid counsel nor veracious defence; let alone be trusted to educate people truthfully about the principal Safeguard of Democracy: Annulment-by-Jury (or Jury Nullification) in the Trial by Jury.
The lawyer’s is the training which prepares the person for "the  bench"—the judge who takes his pay from the government only as long as he or she reliably enforces the money-motivated politicians’ inequitable deceptions dissimulated under the guise of ‘law’.
Today, to ensure the enforcement of the said inequitable (and therefore illegal) ‘laws’, judges knowingly exclude exonerative evidence, including expert documentary, legal, academic, scientific, medical, philosophical, and that which is based on grounds of equity, and tell jurors to consider only that evidence which he or she (the judge) allows ! (See THE REPORT, ISBN 9781902848204.)
Thus, today, judges invalidate even their own pretence that "jurors try matters of fact." By dictating the laws of evidence, that is, what evidence the jury may and may not hear, and by ruling how jurors should weigh such evidence as the court chooses to permit them to hear, judges corruptly arrange and dictate the conclusion, the Verdict, to which juries must arrive.
This criminal tampering by judges produces innumerable false guilty ‘verdicts’, penalisation and abuse of innocent citizens, and millions of man-years’ wrongful incarceration.
CONSTITUTIONAL TRIAL BY JURY IS
THE ONLY (PEACEABLE) RESTRAINT OF
ANTIDEMOCRATIC ILLEGAL GOVERNMENTS.
The judges are beholden representatives of governments’—and governments’ beneficiaries’ and partisans’—financial interests. Though citizen-jurors are constitutionally entitled and morally and legally bound to judge every aspect of the trial of a fellow citizen (the law, facts, evidence and admissibility of evidence, mens rea, the gravity and nature of the offence, mitigating factors and suitability of sentence, etc.), governments illegally interfere to seize this power from jurors and misappropriate it to their judges.
The Juror’s Duties are explained on Campaign Philosophy Page One.
Politicians and judges have destroyed Trial by Jury: politicians, because they do not want citizen-jurors to curtail tyrannical and money-motivated legislation; judges, because these powers aggrandise them on a permanent basis (jurors serve only momentarily, by comparison); and also because, to remain judges they must reliably enforce the unjust dictates of politicians on whom they depend for careers and salaries, and to whom they are subject by impeachment.
The result of this felony by governments is witnessed in (covertly) venal special interest legislation with numerous detrimental effects: such as, for example, the monumental engenderment of criminal acts comprising not less than 75 per cent of all crime in the Western world (official figures; see THE REPORT ISBN 9781902848204); the interminable crescence of Organised Crime; corruption of officials in positions of trust; a pervading ethos of brutality which characterises Prohibitionist-led societies; and the haughty indurate attitudes of police and petty officialdom towards ordinary citizens.
From society’s putrescent ‘top’, the ophidian politicians’ and judges’ criminal macro-perversion and obstruction of the course of justice insidiously vitiate, invading and infecting the population, producing direst results at all levels. Led by the example of these ruthless self-serving ambitious degenerates, it is small wonder that Western society is visibly degrading, as seen in the deteriorating standards of behaviour and the latterday acerbic mélange of the fraught urban social flux.
The power of government consists merely of the physical force which it brings to its support—of moral force, it has none. Our Western governments have decomposed into despotisms of the most primitive type. The proof of this derives from the fact that within the annual avalanche of legislation, there is hardly a single new law, regulation or amendment to law which would be welcomed by the whole populace and uniformly enforced by juries.
Bold, upright independent people who can judge the motives and acts of others, are not readily susceptible to exploitative manipulation by the elected representatives. So, to undermine the people’s morale, government bestows on the populationlicence in the place of freedom, knowing that it is easy to achieve control of, and submission from, people distracted by and preoccupied with their vice and criminality.
State ‘education’ focuses on trivia and careers; rarely, if ever even once during an incredible ten or eleven years of primary and secondary school classes, on the adult citizen’s most important secular adult duty, and the People’s most cherished heritage, their principal Constitutional mechanism of Justice and Liberty for All: the Trial by Jury; its fascinating common "law of the land" origins and history; its definitional relationship to demokratia, democracy; the working mechanisms by which it achieves its unique rôle, effectiveness; its true purpose; and its modern indispensability to preservation of the lives, rights, well-being and happiness of all people.
Certainly, there is ignorance and bewilderment in some people. There is undeniable insouciance, complacency and misanthropy in others; but it is fear which estranges the rest and petrifies them into inaction. The government-led and engendered epidemic of chaos and lawlessness throughout Western nations breeds crime, anxiety and fear in the population. Fearful for themselves, insecure in their own fragile beliefs, and without alternative leadership or direction, the people cannot bring themselves to face the certain annihilation which is approaching them, their security and the future of civilisation.
This fear is generated by politicians as a manipulative tool by which their illegal interventions to our Trial by Jury’s Constitutional guarantee of justice and democracy go largely unchallenged. The government’s lawlessness, public insecurity and social disunity create that chaos which forms the familiar backdrop by which the people are relieved to turn to extreme authoritarian measures and "solutions" from those who would call themselves ‘politicians’, or better still... leaders.
Control of all governments’ measures (laws) by the overriding judgements and arbitration of citizen-juries is as much needed today as for any of the corrupt absolute dictators and monarchs whose inhumanity it was that produced the People’s response embodied in the very creation and installment of the Constitutional Common Law Trial by Jury Justice System.
Amongst those who seek to ‘govern’, the challenges of domination and ascendancy obsess the psyche and control the behaviour of many (whether or not they understand themselves). They wish to rule and govern, not to serve and protect. They make pretence of being ‘decent’ to obtain votes at the infrequent ballot; but between times are a law unto themselves in dereliction of duties, forsaking obligations, rejecting healthy virile codes of chivalry and honour, and reneging on their pledges.
Measured by the universally accepted values of equity, natural law and justice (from which the law of the land common law derives), these government people’sulterior agenda reveals them for what they are: generally and privately unscrupulous, acquisitive of money, fame, power and material possessions; dishonest and mendacious; disloyal, avaricious, covetous, licentious, faithless, proud and cruel. This should not come as a surprise though, for only such people could cause, participate in and tolerate the denial or debasement of mankind’s model Justice System: Trial by Jury.
In assimilating the above assessment, the reader will notice that there is nothing to distinguish between these people and the common criminal or gangster; and yet, these are the individuals who we allow and select to run, or rather run down, our Western societies. To operate, they simply rely upon a camouflage, a façade of ‘respectability’.
These ‘politicians’ do not espouse traditional virtues and values; rather they despise them: faith, hope, charity (love), prudence, honesty, selflessness, temperance, loyalty, fortitude, justice, liberty, service, and real fairness to one’s fellow man. Fortunately, the people at large know these virtues, and they have a firm hold on their minds. Otherwise, there would be nothing left to save of true, compassionate, human civilisation: that which is host to the natural or universal law’s supreme secular moral values and justice system. The dismal spectre of totalitarianism that haunts across vast reaches of our planet will find NO home within the shores of Democracy and wherever Trial by Jury holds sway. Increasingly, individuals from all strata of society will not succumb to the omnipresent malevolent influence of our banking corporatocracy and their servitors, our treasonous, decadent politicians, judges and the owned and controlled mass media.
The People would vehemently reject these crooks in government and the big political parties, if they but knew them for what they are. They would look for and find the valid alternative. So, while they can, the political gangs subvert the civilised precepts of salvation (of all mankind) and, in order to strengthen their grip on power, replace them with pernicious nonsense misnamed ‘political correctness’. They erode and try to obliterate the wondrous concepts, commandments and accumulated wisdom of our great cultural heritage. They scoff at and ridicule simple, traditional proven values for which generations of our finest forebears fought and died, but won and preserved for us. These abject contemporaries of ours presume to sow the wind—may they reap the whirlwind...
RESTORATION AND UNIVERSAL ADOPTION
OF COMMON LAW TRIAL BY JURY
IS THE SOLUTION AND WAY FORWARD
TO A BETTER WORLD FOR ALL.
Today, as a juror, expect the judge to forbid you from judging on equity, fairness and justice.
Instead, judges instruct jurors to "uphold the law" regardless; and not to allow conscience, their opinion of the law, or a defendant’s motives, to affect their decision.
One can speculate WHY judges contravene the Constitution and civilised Standards and do not inform jurors of their constitutional, legal and moral obligations: i.e. the Jurors’ Right and Duty to judge the justice of law enforcement; WHY judges perjuriously misinstruct jurors that they are ‘not permitted’ to judge the law; andWHY judges decide what evidence may be heard in court, ruling out evidence which exonerates the accused, and preventing juries from reviewing all evidence and deciding on its admissibility...
— disrespect for Citizens’ ability to make fair judgements ?
— the judge is the willing servant of antidemocratic oppressive government ?
— unwillingness to part with his or her power to prejudice the verdict and produce the outcome desired by the judge himself or by his or her political masters ?
Whatever the judge’s motives, the judge is wrong not to inform jurors of their Right and Duty to do justice: e.g. State of Georgia v. Brailsford, a supreme court forfeiture trial, the facts having been ascertained, U.S. Chief Justice John Jay instructed jurors that it remained only for them to judge the law itself, saying:
"The Jury has the right to judge both the law as well as the fact in controversy."
According to common law, all adults (save the sick, aged, lunatics and convicted criminals) are eligible to serve as jurors (without property ‘qualifications’). These factors generate an intense beneficial influence affecting every person throughout the population. Crime is rare in the society where the citizen is brought up knowing that justice is equally available to, and the duty of, every adult.
Conversely, crime is endemic to societies in which the genuine Trial by Jury is denied; with the state itself being responsible for engendering and/or actively perpetrating the greater part of all crime; viz. PROHIBITION: THE PROGENITOR OF CRIME, Part Six of THE REPORT, ISBN 9781902848204.
It is no coincidence that crime has increased in proportion to the degree that citizens’ power as jurors to judge the law, has been lost to ‘judges’. Yet very few of the masters of crime and the hardened real criminals are publicly known; still less are they caught, tried and imprisoned.
Paradoxically and in grotesque irony, from the enforcement of the corrupt legislation which the honest and enlightened Citizen-Juror should and would annul, the highest per capita rate of incarceration of members of the population in U.S. and U.K. history fills prisons with harmless people completely innocent of any ‘crime’.
Ref. Campaign Philosophy Page Two; see the section on mens rea, malice aforethought, criminal intent, "GUILTY?" or "NOT GUILTY?" WRONGFUL PROSECUTION, AMNESTY & RESTITUTION.

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Thursday, September 27, 2012

lawyerocracy

http://lawyerocracyontrial.wordpress.com/2012/09/26/with-liberty-and-justice-for-some-meet-michael-keith-mcgarvie-victorias-less-than-10-of-legal-services-commissioner-bless-his-little-lawyers-socks/

Sunday, September 23, 2012

LAWYERS WILL FAIL YOU: Former Federal Attorney General of Australia warns:

From: BevanFrancis@bigpond.com
To: bevanfrancis@hotmail.com
Subject: Fw: Lawyers fail you, McClelland warns 
Date: Tue, 18 Sep 2012 11:01:32 +0800

----- Original Message -----
From: Bevan
Sent: Thursday, September 13, 2012 2:37 PM
Subject: Lawyers fail you, McClelland warns

Lawyers fail you, McClelland warns FEDERAL Attorney-General Robert McClelland yesterday declared that anyone using a lawyer to resolve a dispute was “well and truly up the creek without a paddle” as he challenged the profession to embrace his push for consumer reform.
Mr McClelland, who will deliver a “state of the legal nation” address to the Australian Legal Convention in Perth today, said the structures had “comprehensively failed to adampt to modern demands and expectations.”
He signalled the standard cost agreements for litigation, which he said not even lawyers could explain simply.
There is no way many lawyers would willingly be consumers of their own legal services if they weren’t able to have it done through their firm or through a friend who is a barrister, because the costs would be prohibitive.” he told the Australian.
You’re entering an unknown. If you are in a dispute with someone, as soon as you go through a lawyer’s door you have grabbed a tiger by the tail.”
The nation’s first legal officer said lawyers had done themselves a disservice. “They have created that uncertainty, lack of clarity and regulatory gobbledegook that is spewed out to clients and has been … a disincentive for them to use lawyers.” Mr McClelland said.
To use a lawyer to resolve a dispute for you effectively means you are well and truly up the creek without a paddle.”
He said prof-forma cost disclosure statements sometimes ran to 15 pages.
They don’t read them until there’s a blue later on.”
If you asked a lawyer to read their 10 – 15 page cost disclosure agreement and then say ‘In three paragraphs, what does it mean?’ they wouldn’t be able to do it.”
Mr McClelland told the John Curting Institute of Public Policy yesterday he wanted greater transarency in billing, a “clear, accessible and affordable” complaints mechanism, and for consumers to play a key role in setting national standards.
He released a discussion paper on reform that proposed the establishment of a national legal services board to set standards for all lawyers on admission, professional conduct, trust funds, indemnity insurance, billing and education. It would keep a national register of Australian lawyers, foreign lawyers and disciplinary orders. 
The board would be a small body “made up of key experts from differing backgrounds including legal practice, consumer protection and the regulation of professions.” There would also be advisory committees. 
In short, in framing new national regulations, we need to keep in mind the experience the average punter has with the system …”
You can download a printer friendly copy of the original @Australian news article “Lawyers fail you, McClelland warns” and 3 or 4 other complementary news articles, here.
Former Federal Attorney-General Robert McClelland’s river boat metaphors are remarkably fresh and quite apt. In my case, being a highly specialised, non-litigation lawyer who thought I was protecting myself by hiring the legal servies of litigation lawyers, well I was not so much as “left up the creek without a paddle” as trussed, and gagged and sold down the river after being stripped clean of every worldly possession, freeholds, children, reputation and identity – victim of a blatantly fraudulent, and criminally stupid, property law claim.
Yes, I was stripped clean, and then stripped some more, by the worst sorts of throat cutting riverboat pirates dressed up as lawyers and brandishing legal credentials and fraudulently written legal writs – lying claims without a skerrick of evidence collected first, after, or even at all, to back up any of the false claims. And mountains of evidence and illegalities to refute them (including police apprehensions and judicial findings of aggravated burglary (to steal and destroy evidence) and perjuries and other lies by the emotionally and mentally ill false claimant. Yes, without any basis in fact or in law for sticking me there whatsover, these vagabonds of the seas of septic legal ethics put me through the mincer, the processor, the crucible of Australia’s genocidal family courts (along with more 500,000 other Australians every year, not including grandparents, aunts, uncles, cousins and neighbours, which quadruples this figure to 2,000,000. A shocking ratio for a nation of barely 22,000,000 citizens and a lucrative redistribution of $4bn per annum of taxes and $40 bn plus of drawn and quartered divorce estates, to Australia’s 30,000 – 40,000 family lawyers - to nourish and grow their own families, and the next generation of family lawyers) and generating mountains of economic, social and mental ill health and depression that peaks with a (successful) suicide rate in the order of 12 Aussie dads, 1.5 Aussie mums and 1 Aussie child under 18 years, every day in Australia. Why build gas chambers and steal human hair and dental gold, when you can process so many ordinary working class citizens (though indigenous families are over represented in the mix) in a way where the aboriginated victims (stripped of their freeholds, their families, exposed for having no recognised human or legal rights or dignities) are driven to taking their own lives rather than organising or rising up against their oppressors (in the great non-violent traditions of Mohindas Gandhi, Martin Luther King Jnr, Diane Nash and Aung San Suu Kyi)? 
These initial raiders even accredited specialists at what they do by that den of injustice and corruption known as the Law Institute of Victoria Limited ACN (the statutory authority of the same name was abolished, and even the use of the name “Law Institute of Victoria” was, er, outlawed, by the Kennett Government in Victoria in the late 1990s (an amazing political achievement and unprecedented public service by then Premier Jeff Kennett and the men and women of his administration and parliament), only for the lawyerocracy to be renewed, and reinvigorated, and even handed back the “Law Instititute of Victoria” moniker, by the corrupt Bracks-Brumby-Hulls Labor Victorian administration in the middle of their decade 1998 – 2010 of reign of abysmal government corrupt and failure: click here for more information. More about this at the Lawyerocracy on Trial Hearings, 55 King Street Melbourne (the Victorian Civil and Administrative Tribunal), beginning at 10.00 am on 21 May 2012 – click here for more information
James Johnson, Independent Federal Candidate for Lalor

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Saturday, September 15, 2012

COMPENSATION BY THE AUSTRALIAN GOVERNMENT


Nicholas N Chin posted a status
just now