6th January 2014, 12:19
Laws That Protect Victims - Not Paedophiles & Predators
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
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Calz (6th January 2014), Frances (6th January 2014), Spiral (6th January 2014), Tonz (6th January 2014)
6th January 2014, 12:56
You Go and make it happen girl..
Thank you for tackling this hairy and uneasy subject.
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6th January 2014, 14:01
How do you propose that these laws should be enforced?
Not trying to "rain on your parade" which, IMO, is a very necessary and long-needed one. The people who perpetrate crimes against children should be regulated in some way to prevent the damage they are capable of doing until such time as we can identify and remedy whatever it is that causes their behavior. My concern is that we already have laws which are not enforced and your proposal risks being added to the list.
p.s. I hope your case is heard by a court presided over by an honorable judge (in deed and not just in title) and reg. 1.06 is given due consideration if invoked.
Last edited by KosmicKat, 6th January 2014 at 14:05.
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7th January 2014, 02:05
KosmicKat - Yes you are right there are laws that are not being enforced. Due to my evidence being before the court I cannot discuss my situation in depth - at present. Know this - that laws are being circumvented and people who should be investigated properly are not being investigated - that is all I can say without stepping over boundaries.
The laws I intend to change are about protecting the people who report the abuse - it has been stated clearly to me by the public that it seems to be a predictable pattern - destroy the life of the person reporting the abuse and that has certainly been exemplified in my situation. So my point is - if the people who are making reports are being destroyed - often being labelled as mentally ill - as that negates the veracity of the information - then how much info is actually being investigated if at all. So please consider that aspect of the situation. We are a long way from working out why people abuse Children and I see the focus on dealing with the here and now and that is making a change so that victims are actually protected because right now the laws do not seem to be protecting the victim.
Thank you for supporting this thread and I welcome all comments, suggestions and ideas - they will all fit into the bigger picture as I make my way towards change. Much Peace - Amanda
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KosmicKat (7th January 2014)
10th February 2014, 14:39
Important update for all people who are following my journey and supporting me. I had an appointment with my doctor today and conveyed to him the most recent developments in my journey. Please know that as private appointments with my doctor are confidential I do share information with him that I cannot - as yet - share on the worldwideweb. Keeping that thought in mind - today my doctor broached the subject of should anything happen to me....
I looked him in the eyes and declared on the lives of his Children that I am passionate about completing my current journey. In short I stated that - my car crashed into a tree - rope around my neck - slit wrists - pills - et cetera it would be no accident - I declared that I would not do anything to harm myself. So I thought I would put it in writing for all to see.
Also a note to all those people - in most of the Australian states and on a variety of continents around the globe - who are holding documents in trust for me. There is a person who has been tasked with contacting you in the event I am unable to upload to the web or publish my documents. Please know that you will contacted and informed - should I for any reason be unable to upload and/or publish my documents.
I am not afraid and work on the theory that when you are prepared - it does not happen. I will have some information to share soon. I note that another paedophile was brought before the courts in Australia today - several counts with several Children at several locations - that will be difficult to beat!
Much Peace - Amanda
NB - My other thread has the same update - don't know who views which thread so just being thorough.
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KosmicKat (11th February 2014)