So...the title of the post undoubtedly makes no sense without more facts
The matter was heard in the Probate Court
As part of the cause of action there was a document that amounted to a Promissory Note by the defendant to the late testatrix (defendant admitted)
The judge did not call it a promissory note, but a 'repay note'
the judge then proceeded to state in the judgement that the Promissory Note was removed from the third further amended statement of claim (TFASC)
There are two problems here:
1. there was no TFASC filed
2. the judge stated in the judgement the date of the non-existent TFASC as the third day of the trial, at which time the TFASC could not be filed
NOTE: The judgement contains a plethora of errors of mlaw and material facts, where for example a No received as an answer from a lawyer during trial was converted to a Yes in the judgement, fraud was ignored, and so was material evidence "in plain sight". Other 'oversights' include failure to identify the expert witness' breaches of the Code of Conduct, perjury by another witness, and failure to shift the burdens of legal and evidentiary proof, which meant the defendant was not required to prove a will which could not be validated...but was!
I am about to seek a stay for the orders in the NSWSC/NSWCA (I was denied a stay in the CA [long story])
How do I frame my application for the stay?
The presumption is that a sitting state judge (retired after my case!) would not commit a blatant federal offence
I'm claiming the primary judge was subject to s4(1)(c) Mental Health and Cognitive Impairment Forensic Provisions Act 2020, but is there a federal legislation with same provision?
Thanking you in advance
The matter was heard in the Probate Court
As part of the cause of action there was a document that amounted to a Promissory Note by the defendant to the late testatrix (defendant admitted)
The judge did not call it a promissory note, but a 'repay note'
the judge then proceeded to state in the judgement that the Promissory Note was removed from the third further amended statement of claim (TFASC)
There are two problems here:
1. there was no TFASC filed
2. the judge stated in the judgement the date of the non-existent TFASC as the third day of the trial, at which time the TFASC could not be filed
NOTE: The judgement contains a plethora of errors of mlaw and material facts, where for example a No received as an answer from a lawyer during trial was converted to a Yes in the judgement, fraud was ignored, and so was material evidence "in plain sight". Other 'oversights' include failure to identify the expert witness' breaches of the Code of Conduct, perjury by another witness, and failure to shift the burdens of legal and evidentiary proof, which meant the defendant was not required to prove a will which could not be validated...but was!
I am about to seek a stay for the orders in the NSWSC/NSWCA (I was denied a stay in the CA [long story])
How do I frame my application for the stay?
The presumption is that a sitting state judge (retired after my case!) would not commit a blatant federal offence
I'm claiming the primary judge was subject to s4(1)(c) Mental Health and Cognitive Impairment Forensic Provisions Act 2020, but is there a federal legislation with same provision?
Thanking you in advance
