Broken System: Electing judicial bias what factors might be at play that could influence judicial power?

What factors might be at play that could influence judicial power?  If you're heading into divorce, arm yourself with this knowledge.

Judiciary-and-Civil-Jurisprudence-Aug-14th-2018.jpgImpartiality under the law portrays this idea to most people that they can expect their rights to be afforded equally and fairly before a tribunal within our judicial system—or at least take solace that upon having representation, usually in the form of an attorney, allows for a guarantor to safeguard this notion.

These ideas are the underpinnings of those civil rights and liberties we have come to cherish that are found within the confines of the United States Constitution—but often absent for many parents forced to contend with the many competing interests playing out in family law environments.

Wars of Custody

New Queensland Child protection legislation receives assent

The Child Protection Reform Amendment Bill 2017 (the Bill) which was initially introduced into the Queensland House of Assembly on 9 August 2017, by the Hon Shannon Fentiman MP (Member for Waterford), has now received Assent [enacted as the Child Protection Reform Amendment Act 2017, Act No 44 of 2017] with the Act commencing on 10 November 2017.


According to the Bill’s Summary, the objectives will be to:

  • promote positive long-term outcomes for children in the child protection system through timely decision making and decisive action towards either reunification with family or alternative long-term care;
  • promote the safe care and connection of Aboriginal and Torres Strait Islander children with their families, communities and cultures;
  • provide a contemporary information sharing regime for the child protection and family support system, which is focused on children’s safety and well-being; and
  • support the implementation of other key reforms under the Supporting Families Changing Futures program (the reform program) and address identified legislative issues.

Australian Crime Code S271.6 - Aggravated offence of domestic trafficking in persons

             (1)  A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies:

                     (a)  the first person commits the offence intending that the victim will be exploited, either by the first person or by another, after arrival at the place to which the person has been transported;

                     (b)  the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;

                     (c)  the first person, in committing the offence:

Lawyer Pat Barry files federal suit against the State Bar - James Towery, Fox, Wagstaffe all named in Anti-Sherman suit


Pat Barry, an attorney. who was declared vexatious when she tried to defend her client Michele Fortinos in probate and family law cases, where fraud, domestic violence and child abuse ran rampant,  has filed a federal suit against the State Bar, for Sherman Anti Trust violations. 

Ms. Barry's suit names attorneys and judges but also appears to be the first real effort to describe to federal courts what is going on in family law cases.

Counties charged with dividing community property and protecting children have been doing anything but. Ms. Barry's suit gives a glimpse into what people are being exposed to as due process is checked at the door when divorce and probate matters are at hand.

Ms, Barry's claims of historic failures to protect the public are not fictional.  For the past three decades family court victims have failed to understand how they enter courts of equity and end up losing their children, their property, and their retirement. Parents describe horrific tales of courts using law enforcement to force their children into reunification programs with abusers. Business owners describe  incompetent lawyers , CPAs and receivers mismanaging business valuation processes and taking all the money in doing so. 

Best practice in the conduct of Care Proceedings in the NSW Children’s Court

Children’s Court of New South Wales
Community Services Division Legal Conference
Darling Harbour:


1. This paper has been prepared for the 2013 Department of Family and Community Services (FaCS) Legal Services Care and Protection Conference on Thursday 1 August 2013.
2. Attendees at the conference will include both public and private legal practitioners representing FaCS in care proceedings in the Children's Court of New South Wales.
3. The paper is presented in four parts: the first part will address model litigant requirements, the code of conduct obligations, and case management in care proceedings. The second part will deal with alternative dispute resolution. The third part will deal with the Children's Court Clinic, and the fourth part will address the way forward for care proceedings. I have added an Appendix dealing with some recent cases of importance.

Judge Stephen Thackray no doubt a paedophile

Judge’s decision to have baby Gammy’s twin Pipah raised by sex offender father ‘appalling’.

Bravehearts founder Hetty Johnston has slammed a judge’s decision to let baby Pipah be raised by a convicted child sex offender.

A JUDGE’S order to have a baby girl raised by a convicted sex offender has been slammed by Australia’s leading child protection campaigner.

In a shocking decision handed down in the Family Court of Western Australia yesterday, Justice Stephen Thackray ordered the twin sister of baby Gammy, the child at the centre of an international surrogacy dispute after being left in Thailand, remain with her sex offender father.

David Farnell, the biological father of the pair, has 22 prior convictions for child sexual abuse.

The Director-General’s obligation to disclose corrupt conduct

Under the Independent Commission Against Corruption Act 1988, the Director-General has a responsibility to report certain forms of corrupt conduct to the Independent Commission Against Corruption (ICAC).

Corrupt conduct involves the misuse of public office, for example:

• dishonesty
• partiality (ie. bias)
• breach of trust (ie. misuse of one’s position), or
• misuse of government information where such conduct could amount to a criminal offence, a disciplinary offence or give reasonable grounds for dismissal of a staff member.

Federal judge declares constitution void, threatens civil defendant with death

Most Americans believe that we have a reasonably fair justice system with scholarly judges at the helm. Well, how about a federal judge who suspends the Constitution, confiscates all of a litigant’s assets, orders him not to hire defense counsel, and pronounces his orders enforceable by death? 

That’s exactly what federal Judge Royal Furgeson did to Internet pioneer Jeff Baron, in a case that, New York lawyer David Relkin says is “the most outrageous denial of a person’s basic constitutional and human rights in this Country since the abolition of slavery.”

In the Texas case, Judge Furgeson “sentenced” Baron to an unprecedented “human receivership” to enable the judge’s lawyers to loot Baron’s Juvenile Diabetes Research Trust.

US Supreme Court roundup: Ruling says Judges may be sued in civil rights cases.

“The Supreme Court ruled today that state judges may be sued for civil rights violations and may be ordered to pay the lawyers’ fees of those who sue them successfully.

While the 5-to-4 decision permitted only suits for injunctions, not damages, it marked a significant retreat from the doctrine of absolute judicial immunity to which the Court has long adhered.

Justice for none. Whistleblocked! Australian whistleblowing lawyer faces lifetime ban for exposing legal, judicial and government corruption

At 10 am this Friday morning 5 October 2012, in Melbourne, a prominent Australian journalist, lawyer and political activist, Mr James Johnson will be sentenced on two charges of “professional misconduct” and faces being banned from practising law for at least 5 years (possibly for life) as payback for blowing the whistle on widespread corruption and misconduct in Australia’s legal system.

Earlier this month, the Victorian government (in its Victorian Civil Administrative Tribunal) ruled that despite a distinguished two decade career amongst the elite of the legal profession, Mr Johnson’s crime? Making comprehensive whistleblower complaints about corruption and misconduct by a number of Australian barristers, solicitors and judges – complaints that, despite their seriousness and the weight of evidence behind them, the relevant government authorities have not and will not investigate to determine whether they are true or not.

LCJ concerned about McKenzie friends ‘preying’ on vulnerable clients

The lord chief justice has sounded an alarm at the presence of ‘far too many’ litigants in person across the justice system. Lord Thomas of Cwmgiedd, speaking today at his annual press conference, said numbers of unrepresented litigants have continued to grow.

He cited the family courts as the area where the problem is greatest, although he stopped short of calling for the reintroduction of legal aid to support cases involving disputes over children.


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  • Legislation and Acts

    We intend on using almost one dozen different legislation / acts. Below are a few that we feel would have the most impact for class action causes and or entry to Australian Crime Commission help.  What we need to be able to utilise the legislations is more than one person claiming the same type of offence, and by different departments and different areas.  This can show mass conspiracies so to speak which would then be covered by the National Crime Act.

    We also plan to use Crimes (Hostages) Act 1900 as this act allows for persons being held hostage (ie our children) until we agree to submit to persons to what they ask.  This is keeping a hostage, and by DOCs taking your children and not returning them until you have signed undertakings is not only hostage taking but blackmail. 

    There is no such thing as CONsent Orders.  You cannot possibly say anybody voluntarily signs these orders when the department has their children and will not return them until the orders are signed.  These are not Consent Orders.  This is Blackmail.

    When crimes total to over 3 years imprisonment which we can make an easy jump to, they are then also available to go to the National Crimes Act.

    We also plan on using the Director General as DOCs legislation and code of conduct and ethics documentation available also shows that any crime committed against these acts MUST be reported to the director general.  And as such the director general also has an obligation to report fraud and misconduct to the Attorney General and the Australian Crimes Commission.

    We will use the evidence we have to submit to lower level figures about their staff and they are then obligated to submit the complaint (by legislation) to the director general.  If they do not do this, they are then setting themselves up for charges also.  We will know if this is done because not only will we be submitting this information / complaints this way, but we will also be submitting directly to the director general also, who ALSO is under obligation to send to the Australian Crime Commsision and the Independant Commission Against Corruption.

    So, you say ... What do you need to do now ??

    You need to gather all your documents and evidence and start splitting hairs and complaints down to division / person and complaint type using the register we are currently creating.  You also need to contact me for other complaint types that we are not aware of so that we can include this also.

    This may take some time but time is all we have and the more the better.

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  • SLAPP - Strategic lawsuit against public participation
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