Amanda
6th January 2014, 10:19
Laws that actually protect the victim and not the paedophiles and predators are what we need right now. As an adjunct Mandatory Reporters and any citizen who reports Child Abuse needs protecting as well.
For those of you who already know about my journey this thread is for any and all suggestions - that I can include to bolster my case. I already have posts from the global internet community that I will be including in my defence. I am setting a precedent with the intention of showing cause to change/amend/create new laws.
For those of you who are not familiar with my journey - please read via the worldwideweb any thread or view youtube clips with the title : Powerful & Disturbing Child Abuse in 2013 or (Your) Child Is Not Safe Here's Why. THis thread is essentially for any and all suggestions with regard to to current Child Protection legislation. I will share with you the legal basis that is being applied in an attempt to dismiss my case.
The legal representative for the respondent in my matter (the Catholic Church) wants the court to dismiss my case on these applications;
1. The application filed on 17 May 2013 is dismissed pursuant to sub-section 17A (2) of the Federal Circuit Court of Australia Act 1999 (Cth) and rule 13.10 (a) of the Federal Circuit Court Act 1999 (Cth);
2. In the alternative to order 1, the Application filed on 17 May 2013 is dismissed rule 13.10 (c) of the Federal Circuit Court Rules 2001 (Cth);
3. The applicant in the proceedings pay the respondent's costs of and incidental to the proceedings;
4. Such other order as the Honourable Court thinks appropriate.
Okay let's start with sub-section 17A (2)
The Federal Circuit Court may give judgement for one party against another in relation to the whole or any part of the proceeding if : (a) the first party is defending the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.
In short people - they have nothing with which to defend themselves against the evidence I have collated and compiled over the course of 2011, 2012, 2013 and continuing.The Catholic Church legal representative is just suggesting to the court I have no case. Keep in mind I compiled 245 pages of evidence to support a 10 page Statement of Claim. Those of you who are holding a copy of my Statement of Claim in trust - you will know better than most why I have every chance to succeed and not the opposite.
Now rule 13.10 (a)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that; (a) the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or
Again people - no technicality here just the suggestion that I have no case. Again those of you who hold in trust on my behalf a copy of my Statement of Claim will know why this application has no basis.
Now rule 13.10 (c)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding if the Court is satisfied that: (c) the proceeding or claim for relief is an abuse of the process of the Court.
Well people - this one goes nowhere. I am standing up for Children , have battled for three years and continuing, have eight A4 folders full of collated and carefully filed documents generated over 2011, 2012, 2013 and continuing - have filed and served 245 pages of evidence and am able to present the evidence in court to support my Statement of Claim. Can someone tell me how being organised - following the court administration and adhering to the current law is an abuse of the Court????
The pressure placed on me to pay costs has no effect on me now - it did in the beginning of the journey but now I view it as a process and as my life has been destroyed financially - for me paying costs is merely moot.
Such other order that the Honourable Court thinks is appropriate is an interesting addition and I will share with you what I discovered when I researched and studied the Federal Court Rules.
Federal Circuit Court Rules 2001 -Reg 1.06
Court may dispense with rules
(1) The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time.
(2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in the proceeding.
Federal Circuit Court Rules 2001 - Reg 16.01
Court may make any judgement or order
The Court may, at any stage in a proceeding on the application of a party, give any judgement or make any order even if the claim was not made in an originating process.
How fabulous are Reg 1.06 & 16.01 ?? These tell the reader that no matter what the Catholic Church legal representative suggest - as long as I present a rock solid impenetrable defence - the Court can support my case.
My aim is to set a precedent and show the pattern of destroying the life of the Mandatory Reporter is a violation of human rights. I want to create a law that states Mandatory Reporters and/or conscientious citizens are to be protected from any human rights violation. That's to get you started. Please contribute to this thread - I will take every suggestion to the court with me on the 20th & 21st of March 2014.
Thank you for your ongoing support. Much Peace - Amanda :victorious::lets make:
For those of you who already know about my journey this thread is for any and all suggestions - that I can include to bolster my case. I already have posts from the global internet community that I will be including in my defence. I am setting a precedent with the intention of showing cause to change/amend/create new laws.
For those of you who are not familiar with my journey - please read via the worldwideweb any thread or view youtube clips with the title : Powerful & Disturbing Child Abuse in 2013 or (Your) Child Is Not Safe Here's Why. THis thread is essentially for any and all suggestions with regard to to current Child Protection legislation. I will share with you the legal basis that is being applied in an attempt to dismiss my case.
The legal representative for the respondent in my matter (the Catholic Church) wants the court to dismiss my case on these applications;
1. The application filed on 17 May 2013 is dismissed pursuant to sub-section 17A (2) of the Federal Circuit Court of Australia Act 1999 (Cth) and rule 13.10 (a) of the Federal Circuit Court Act 1999 (Cth);
2. In the alternative to order 1, the Application filed on 17 May 2013 is dismissed rule 13.10 (c) of the Federal Circuit Court Rules 2001 (Cth);
3. The applicant in the proceedings pay the respondent's costs of and incidental to the proceedings;
4. Such other order as the Honourable Court thinks appropriate.
Okay let's start with sub-section 17A (2)
The Federal Circuit Court may give judgement for one party against another in relation to the whole or any part of the proceeding if : (a) the first party is defending the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.
In short people - they have nothing with which to defend themselves against the evidence I have collated and compiled over the course of 2011, 2012, 2013 and continuing.The Catholic Church legal representative is just suggesting to the court I have no case. Keep in mind I compiled 245 pages of evidence to support a 10 page Statement of Claim. Those of you who are holding a copy of my Statement of Claim in trust - you will know better than most why I have every chance to succeed and not the opposite.
Now rule 13.10 (a)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that; (a) the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or
Again people - no technicality here just the suggestion that I have no case. Again those of you who hold in trust on my behalf a copy of my Statement of Claim will know why this application has no basis.
Now rule 13.10 (c)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding if the Court is satisfied that: (c) the proceeding or claim for relief is an abuse of the process of the Court.
Well people - this one goes nowhere. I am standing up for Children , have battled for three years and continuing, have eight A4 folders full of collated and carefully filed documents generated over 2011, 2012, 2013 and continuing - have filed and served 245 pages of evidence and am able to present the evidence in court to support my Statement of Claim. Can someone tell me how being organised - following the court administration and adhering to the current law is an abuse of the Court????
The pressure placed on me to pay costs has no effect on me now - it did in the beginning of the journey but now I view it as a process and as my life has been destroyed financially - for me paying costs is merely moot.
Such other order that the Honourable Court thinks is appropriate is an interesting addition and I will share with you what I discovered when I researched and studied the Federal Court Rules.
Federal Circuit Court Rules 2001 -Reg 1.06
Court may dispense with rules
(1) The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time.
(2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in the proceeding.
Federal Circuit Court Rules 2001 - Reg 16.01
Court may make any judgement or order
The Court may, at any stage in a proceeding on the application of a party, give any judgement or make any order even if the claim was not made in an originating process.
How fabulous are Reg 1.06 & 16.01 ?? These tell the reader that no matter what the Catholic Church legal representative suggest - as long as I present a rock solid impenetrable defence - the Court can support my case.
My aim is to set a precedent and show the pattern of destroying the life of the Mandatory Reporter is a violation of human rights. I want to create a law that states Mandatory Reporters and/or conscientious citizens are to be protected from any human rights violation. That's to get you started. Please contribute to this thread - I will take every suggestion to the court with me on the 20th & 21st of March 2014.
Thank you for your ongoing support. Much Peace - Amanda :victorious::lets make: