VIC False Statements and IVO - How to Pursue This?
- Thread starter beanie
- Start date
Judge for yourself: here is what he put on FB (redacted) which cops knocked on his door about...
As most of you will be aware, there are three support groups in Australia specifically set up to expose XXXXX abuses and assist victims. We in NSW work very closely with the Qld based group. Unfortunately the third group, which is based in Melbourne, chose to split from the NSW and Qld groups and has published material on its Facebook site accusing our members of engaging in serious criminal activities and of being closely associated with criminals.
I personally have been named and identified on the Melbourne based group’s Facebook site and its leader has accused me of stalking, bullying and harassing her along with other female members of her group. In posting these allegations, she warned her members to “stay safe ladies.” The two women responsible for these postings are being taken to court for defamation and both were served earlier this month.
On 17th November last, an application was heard in the Magistrate’s Court in Melbourne seeking an IVO against me. An IVO in Victoria is much the same type of order as an AVO in NSW or a DVO in Qld. Such orders should only be made when a person’s life or safety is placed at serious risk. The applicant was one of the two women I am suing for defamation.
I was not served with a copy of the application and summons or in any other way notified that there was to be a hearing, so I was not present at the court to challenge the validity of the application or to defend my good name and reputation. I only became aware there had been a hearing after being served with the order made by the court.
The applicant reiterated the stalking allegations she had made against me to the court and accused me of posting threatening comments on the NSW group’s Facebook site designed to incite hatred and violence towards her while claiming that she had criminal links. She cited my posting of 24th October last as the most recent example of this and that it left her in fear for her life. Anyone reading what I posted will see that I certainly did not threaten her or claim she had criminal links. I simply denied the allegations she had made against me without making any allegations of my own.
As for her allegations of me having stalked her, it is my understanding that the applicant normally resides in Melbourne. I would point out that I have spent all of the past 16 months residing either in Sydney or at XXXXX in Qld. The last time I had been in Victoria up until the other week was back on 3rd July 2020, so I could hardly be accused of stalking her over all that period.
It is true that I watched her public street protest rally against the XXXXX which she held in Sydney on 14th May 2021. I did so as an observer from across the road as she had sent me a self destructing email during the week prior to her rally making it very clear that she did not want those from the NSW group taking part. I was certainly not there to stalk her as she claimed and, in any event, she had three police officers present who would have dealt with the matter if there had been any attempt made on my part to do so.
The end result of all this has been that the applicant has had herself declared a protected person of the state by the court based on her claims that she is in fear for her life because of my alleged threatening postings made against her on Facebook. If the court had so much as even taken the trouble to read the postings that she cited in her statement, it would have discovered that no threats were ever made against her and that I had not even been in Victoria to be stalking her over all this period. Instead, it has placed an IVO on me and tells me that it may take over a year for me to be given the opportunity to challenge the validity of their order.
So to clarify, you have said she is not an ex of his ... because they are not nor never were in a relationship then the intervention order would be a PSIO not an IVO .... Going just on what information you have provided, apart from breaching the suppression condition contained in the PSIO, he is also in breach of Section 123 of the Personal safety Intervention Act 2010 Because his FB post contains identifiers consistent with Section 125
Thanks, have passed this on. The absurdity of the law is that she is allowed to continue with her defamation (which started all this) weaponising a vexatious PSIO to stop him denying the fabricated accusations. I appreciate civil disobedience of an absurd law (and it is in all of our interest that he is successful). Imagine how a woman who issues a genuine IVO or PSIO would feel about such abuse of a law meant to protect them.
I assume the PSIO is an interim order at this stage? .... If it goes to a contested hearing, AND the magistrate is satisfied that it's a vexatious application, your friend can seek his legal costs pursuant to section 111 of the act
(b) if the court is satisfied in a particular case that the making of any application under this Act was vexatious, frivolous or in bad faith, the court may award costs against the applicant.
SOURCE >>> PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 111 Costs
In the meantime, he MUST take the conditions of the PSIO seriously.. Vexatious or not, breaching it is a criminal offense in itself.
I agree that PSIOs can and are weaponised. Have a case atm whereby someone was removed from the workplace because of a PSIO (unusual circumstances I can't elaborate on). Others are retaliatory, others clearly not warranted, yet people are being breached every week in Vic.
We can help if your friend wants legal assistance. There are a couple of ways forward and police/prosecution will often discuss the matter with a lawyer in way they will not with a respondent. Most times they simply say to a respondent "tell it the court".
We can assist with both the PSIO and defamation.
We can help if your friend wants legal assistance. There are a couple of ways forward and police/prosecution will often discuss the matter with a lawyer in way they will not with a respondent. Most times they simply say to a respondent "tell it the court".
We can assist with both the PSIO and defamation.
My advice is to deal with what you have to and leave well enough alone. My son was in similar situation and when he followed through she suddenly remembered being raped twice two years previously. He has been incarcerated for 18months awaiting trial on made up lies which can be proven to be lies but until court no-one cares. Nothing worse than a scourned woman's revenge.
