INTHE SUPREME COURT OF VICTORIA AT MELBOURNE, IN THE COURT OF APPEAL Court No, eesai08 BETWEEN HAROLD JAMES JOHNSON Appalant and ‘TRUST COMPANY FIDUCIARY SERVICES Rospondonts| LIMITED" (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) ACN 000 000 993 and others according tothe Schedule NOTICE OF APPEAL, Date of Document: 8 May 2008 Solitor's Code: 18081 Files on behal of ‘The Defendant, Harold James Johnson Prepared by: Telephone: 03 #279 3052 Harold James Johnson Facsimile: 03 9279 3955 1* Foor, 141 Osbome Street of: HAPCIVSC988507 South Yarra Vietora 2141 To: ‘The Respondents, Andto: The Thirteenth Respondents Solictors Gadens Lawyers Level 25 690 Bourke Street Melboume Victoria ‘Andie: The First Respondents Solicitors ‘Berry Family Law 1* Floor, 899 King Street Melbourne Victoria ‘Andie: ‘The Second and The Thied Respandnts’ Sots |Landor & Fogers Leval 16, 60 Bourke Stret Melbourne Vitoria Andio; The Fourth Respondents Solicitors Fichard Ingleby of 04087285 Queen Stroot Melbourne Victoria ‘Andto: The Filth Respondents Soitors Graham A Devries of 18261526 Lonsdale Street Melbourne Vietoia‘And to And to! And te: And to ‘nd to! ‘The Fith Respondents Solctors Graham A Devas of 1826/526 Lonsdale Steet Melbourne Victoria ‘Tho Soth Respondent's Solctors David J Uist of 278 Park Steet, North Fitzroy Vietora ‘The Seventh Respondent Minictorfor Human Eervoca, Level 22, 0 Lonedale Etroot Molboume Vitoria ‘The Eighth Respondent Danie! Dyer of 305 Wiliam Strest Melbourne Victoria, ‘The Fourteenth Respondent's Salctors Fussell Kennedy Lauyers, 469 Latrobe Street Melbourne Vitoria 3000 ‘TAKE NOTICE thet the eppsliant complains ofthe Judgement and orders of the Honourable Justice Hansen given and made on 29 Api 2009 as follows A. Including tothe etfact Regarding previous orders made by Associate Justice Evans (1) That the orders made by Associate Justioe Evans In these proceedings an 28 March 2008 (and by extension 22 April 2003) were understandable and property made; (2) That the orders made by Associate Justice Evans on 26 March 2008 (let ‘alone 29 Agri 2009) allowing the Thirteenth Respondent to amend (tics) its Staloment of Ciaim in these Proceedings were without prejudice to the Appellant: (9) That the ordors made by Associate Justice Evans on 26 March 2009 and 22 ‘Apt 2009 decaring the Appellants tea ana served Amended Defence and Counterclaim dated 24 March 2009 as null and void were prudent o save the‘Agpoliant the costs of having already filed and served that Amended Defence ‘and Counterclaim; (4) That the orders made by Associate Justice Evans on 22 Apt 2009 allowing the Thitoonth Respondent io amend its Statement of Claim in accordance with the dating instuctons issued that day by Associate Justos Evans to the Darster a instructing sotor represeotiny Uwe Thiewenh Respondent mere understandable and properly made and without prejudice to the Appellant notwithstanding that (a) Assocate Justice Evans once again refused to allow the /Appelint to respond to the (second) amended Statement of Claim by way of ‘any further pleadings: (b) In cicumstances where the Appeliant made clear submissions to Assoclate Justice Evans on all tee occasions, as futher supported by the Appalants affidavit materials In these proceedings to the cffoct that the Thiteenth Respondent has legally seized, sold and retained the proceeds from sale of the adjoining second half ofthe Appellant's property, In ‘the sum of $60,000 - $70,000 which more than cancels out any overdue indebtedness thatthe Thirteenth Respondent may be claiming against me ints yet tobe amended Second Amended Statement of Claim. (6) That t was proper for Associate Justice Evans to continue to hear part of ‘these proceedings, notwithstanding (a) the very clear laws in this county, as laid down by the High Court of Australia in Johnson v Johnson [2000] 201 (CLR 488 tothe effec that a juical officer should dsqualty himsef from taking part in proceedings where an independent person might (eg having regard to the matters clsclosed by the Seventh Respondent inthe fist hearing in these proceedings belore Associate Justice Gardiner on 19 February 200, and the ‘matters described above and inthe attachments) form the view that the ual coficer might appear to have a parsonal interest inthe proceedings; and () trom ‘a case management perspective (it bing acknowledge by all partes that careful ‘case management is vial for the proper administration of justice in these complex proceedings) all Associate Judge's Court hearings In. these proceedings ought to be belore Associate Justice Daly, before whom the matter 's part heard since 20 March 2008; (c) that an independent person might form the view that the conduct of Assoclate Justice Evans In the three hearings before him to date, and isting the matter ta proceed a fourth tima bafoa him on 11 May 2000; Regarding previous orders made by Associate Justice Daly(6) That my appeal to His Honour against the orders 2to 13 made by Associate slustice Daly on 17 April 2009 in proceedings number 9269 of 2008 be smissed without variation of any of those orders (and by, neveseaty inference Her Honours ordor 1 of that day inthe covheard proceedings 10222 of 2008 also be dismissed without variation). egaraing His Honour’s standing to hear (and dismiss) the Appesliant’s ‘appeal on 29 April 2009, (7) That notwithstanding the Appellants strongly expressed concerns. in paragraphs 1 to 7 (and especially paragraphs 6 and 7) of his (Amended) Defence and Countercisim regarding the conduct of Justices Cavanough and usice Hansen, in tho Practice Cout jurisdiction of the Tial Division of the Supreme Court of Vitoria and the orders made by them on 20 June 2008 and 14 July 2008, respectively inthe jointly related proceedings na. 9665 of 2007 (now proceedings no. 3731 of 2009 inthis Honourable Court of Appea! cision ‘ofthis Honourable Cour}, His Honour Justice Hansen was not by raason ofthe laws of Australia as laid down by the High Court of Austalla in Johnson v ‘Johnson [2000] 201 CLR 488 to the effect as summarised above to equally hist rom taking par in proceedings. B. Boing: (1) Tho orders of Mr Justice Hansen: | Being more particulary (but only partial) as stated in the General Form of Order date given 29 April 2009 and date authenticated May 2008 attached o this Notice of Appeal b, Being, despite the Appellants 7 vsits to the Suprame Court (ri Dhvsion) Prothonotary’ Office between 29 April 2009 and the date of this Notice of Appeal, not yet published by His Honour in a General Form of Order, but to the best of the Appellants knowledge, a5 scribed inthis Notice of Appeal {@) Tho orders of Associate Justice Daly dated 17 Apri 2009 more particulary 128 stated in the Minute of Order (undated) for proceedings No. £263 of 2008 and 10222 of 2008, respectively a etached 1o ths Notice of Appeal, (@) The orders of Associate Justice Evans made on 26 March 2000 as: partially stated in the Minute of Order (undated) for proceedings No. 9269 of 2008 attached o this Notice of Appeal: and». 8 more fully stated in paragraph 5(b) of the Appellant's Affidavit in ‘hose proceedings dated 17 Apr 2009, as attached to this Note of AAppea! (exclucng for brevity the exhibits thereto); (4) The orders of Associate Justice Evane made on 22 Apri 2009 more particuay: 8. 5 partially stated inthe Ninute of Order (undated) for proceedings No, 9263 of 2008, as attached to this Notice of Appeal and b. as more fully stated herein, ‘The Learned Trial Judge Honourable Justice Hansen erred In fact and in law in making the orders on 29 Api 2008 described above, “The Loamed Trial Judge Honourable Justice Hansen should have made the orders sought by the Appellant in the Appellants summonses dated 15 April 2009 in proceedings 9263 of 2008 and 10222 of 2008, cops of which are attached to this Notice of Appeal, namely Proceedings No, 9263 of 2008 orders sought as follows: 1. That Proceedings No.9263 of 2008 and Precestings No.10228 of 2008 be consolidated and heard together and regarded forall purposes as one and the same proceodings, including without limitation (and for avoidance of doubt) a. All Affidavits and other evidence filed or given in the one proceeding to be taken as Aidevits and evidence inthe other proceeding: . All pleadings tiled or given in the one proceeding to be taken as pleadings inthe ather proceeding 2. That the Defendant may until further order effect substituted service of notices pleadings and documents for bath proceedings on the First Defendant by Counterclaim by serving them upen her at he offices ofthe Fith Defendant by Counterclaim. ‘3. That the mode of trial for (both) these proveecings to be by way of Judge and Jury. 4, That any and all further hearing or application and al stops in both these proceedings be stayed pending the handing down of judgement by the CCourt of Appeal in Proceedings No. 3931 of 2009 (frmery ProceedingsNo. 9665 of 2007). That accordingly the hearings listed in Proceadings No. 9268 before ‘Associate Justices Evans on 22 Apri 2008 and before Associate Justice Daly on 4 June 2009 and the hearing listed in Proceedings No. 10222 of 2008 fr 17 Api! 2009 before Associate Justice Ethim are all vacated General iberty to apo. Costs reserve. Such orders as to costs as the Court considers fai and reasonable in the circumstances. Proceedings No. 10222 of 2008, orders sought as fotons: 1 ‘That Proveadings No.9269 of 2008 and Prooaetings No.10228 af 2008 be consolidated and heard together and regarded fr all purposes as one and the same proceeding, including without limitation (and fer avoidance of doubt 1. All Affidavits and other evidence fled or gvon in tho one proceeding tobe taken as Afidavis and evidence inthe other proceeding: . All plesdings fled or given in the one proceeding to be taken as pleaings inthe ther proceeding That the Defendant may until futher order eect substituted service of notices pleadings and documents for both proceedings on the First Defendant by Counterlaim in Proceedings No, 6263 10222 of 2008 by serving them upon her at the ofices of the Fith Defendant by Counterclaim to those proceedings. ‘Thal the mode of tal fr (both) these proceedings to be by way of Judge and Jury ‘That any and all futher hearing or appllcation and al steps in both these proceedings be stayed pending the handing down of judgement by the (Court of Appeal in Proceedings No. 3981 of 2008 (lrmenly Proceedings No, 9665 of 2007), “That accordingly the hearings sted in Proceedings No. 9263 belore ‘Associate Justices Evans on 22 Apiil 2008 and bafore Associate Justice Daly on 4 June 2008 anc the hearing listed in Proceedings No, 10222 ot 2008 for 17 Apri! 2000 bofore Associa Justice Efthim ae all vacate. General ibery to apply. Costs reserve.8, Such orders as to coets as the Court considers fir and reasonable in the cteumstances. [Aternatively, the Learned Trial Judge Honourable Justice Hansen by reason ofthe laws of Austala as laid down by the High Court of Australia in Johneon v Johnson [2000] 201 CLR 486 to the effect as summarised above should have coqualif hima rom taking pat in prossocings and mad consequential exons for the Appellants appeal to be heard before a Trial Division Judge who was not ‘subject tothe same eisquallction, DATED: 8 May 2000 a . HAROLD JAMES JOHNSON Solicitor and Appellant ees\N THE SUPREME COURT OF VICTORIA AT MELBOURNE IN THE COURT OF APPEAL BETWEEN HAROLD JAMES JOHNSON and ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) ACN 000 000 983 and others according tothe Schedule ‘SCHEDULE OF PARTIES PIPPIN PATRICIA CRESSY DAVID HANLON HARWOOD ANDREWS PTY LTD ABN 98 076 668 034 RICHARD INGLEBY JAMES TURNBULL BERRY FAMILY LAW PTY (A FIRM) ABN 73 385 524 864 GRAHAM A DEVRIES DAVID J LIST DANIEL O'DWYER (Court No 966507 ‘Apocliant Respondents (Fist Respondent) (Second Respondent) (Thea Respondent) (Fourth Respondent) (th Respondent) (Sintn Respondent) (Seventh Respondent) (Eighth Respondent) (Ninth Respondent)MINISTER FOR COMMUNITY SERVICES ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) ACN 000 000 983, AMP BANK LIMITED ACN 081 596 009 (Bloverth Respondons} (Twetth Respondent) (Thiteenth Respondent) (Founsenth Respondent)IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION BETWEEN: ‘TRUST COMPANY FIDUCIARY SERVICES + and - JOHNSON ASSOCIATE JUDGE: DATE MADE: ‘ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: (OTHER MATTERS No, 9263/08, Defendant MINUTE OF ORDER ‘The Honourable Associate Justice Daly 17 Apri 2009 wait (On tum of defendants summons filed 15 April 2009 Mes Hay, Counsel or te plaintt ‘Ms HJ Jolson, Defendant in person ‘Ms R Sofronioe, Couns for 2nd and 3d defendants ‘by eounterlain (David Halon and Harwood Andrews Pry Lid) MrP Rashleigh solicitor for 4° defendant by counterclaim (Ds Richard Igleby) MER Heath, Counsel for 5 and 6* defendants by countercaim (ames Turnbull and Berry Family Law a) [Mr H Obst, Solctor for 7th defendant by countee (Graham A Devs) Mr Davie, solicitor fo 8 defendant by counters (David Lis) MrP. Over, Counsel or 10th defendant by counterclaim (Lepl Services Commissions) ‘Not applicable ‘THE COURT ORDERS THAT: 1. The counterclaims against the Legal Services Commissioner and the Attomey: General be dismissed.‘The Legal Services Commissioner's and the Attorney-General’ costs ofthe proceeding be reserve. Any application wit respect to paragraph 2 be made to Associate Justice Daly, etumable not before 4 June 2009 at 10:00am in Cour 3. ‘The defendants application for substituted service be adjourned to 4 Tune 2009 at 10:00am in Court 3 or sch lter date that may be fixed by the court. ‘The defendants aplication to consolidate this proceeding with proceeding no 10222 of 2008 be dismissed, without prejudice to the defendants right to bring further application at a ater date AMP Bank Limited's costs ofthe application for consolidation be its costs in proceeding no 10222 of 2008, ‘The defendants epplication to have the proceeding heard before a judge and jurybe adjoumed tothe pre-il directions hearing on dae tobe fixed by the court ‘The defendants application to stay the proceeding agains the defendants by counterclaim is adjourned to 4 June 2009 or such later date thet may be fixed by the cour. “The defendants application to vacate the hearing of the plaintiff's summary Judgment application on 22 April 2009 is dismissed, without prejudice to the ‘defendant's right to make an application for an adjournment before Associate Justice Evans on 22 April 2008. Any application by any other defendant by countercaim for summary dismissal ofthe counterlaim be fled and served by 8 May’ 2009, retumable ‘on June 2009 at 10:00am in Court 3. ‘The second and thind defendants by counterelaim’s summons returnable on 22 April 2009 be adjourned to 4 une 2009 at 10:00am in Cove 3. ‘The partes’ costs be reserved “The partes have liberty to apply.IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION No, 10222/08 BETWEEN: AMP BANK LIMILED Pantie and = JOHNSON Defendant MINUTE OF ORDER ASSOCIATE JUDGE: ‘The Honourable Associate Justice Dl DATE MADE: 17 April 2009 ORIGINATING PROCESS: writ HOW OBTAINED: (On retum of Defendants summons filed 15 April 2009 ATTENDANCE: ‘Mr M Galvin, Counsel forthe Paint? ‘Mr HJ Johnson, Defendant in person (OTHER MATTERS: [Not applicable ‘THE COURT ORDERS THAT: |. Thedefendants application to consolidate this proceeding with proceeding no 9263 of 2008 be dismissed, without prejudice to the defendant's ight to bring 2 further application at a ater date 2. AMP Bank Limited's costs of the application for consolidation, including the hearing on 17 April 2009, be its costs in proceeding no 10222 of 2008 3. The proceeding be listed for further directions together with proceeding no 9263 of 2008, ona date tobe fixed by the Court not before 4 June 2009IN THE SUPREME COURT OF VICTORIA AT MELBOURNE ‘COMMERCIAL AND EQUITY DIVISION No, 9263 oF 2008, RETWEEN: ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED Plaintiff (formerly known as Permanent Trustee Company Limited) {ACN 000 000 935) pea" HAROLD JAMES JOHNSON Defendant AND BETWEEN: HAROLD JAMES JOHNSON PlainifPby Counteretaim ai PIPPIN PATRICIA CRESSY and others Defendants by Counteretim (occording othe scedle stich) GENERAL FORM OF ORDER ASSOCIATE JUDGE: ‘The Honourable Associate Justice Evans DATE MADE: 22 Apel 2009 ORIGINATING PROCESS: Writ HOW OBTAINED: Pits Surmmons filed § Merch 2009 and adjourned from 26 March 2008 ATTENDANCE: Mr 8. Hay of Counsel foe the Plinti ‘Me J. Johnson of Counsel forthe Defendant. OTHER MATTERS: Not applicable ‘THE COURT ORDERS THAT: 1. The further hearing ofthis application is adjourned to 11 Ma 2008 at 10.30 ia Associate Judges’ Court 3, Ground Floor, 436 Lonsdale Stet, Melbourne2 ‘The Plaintiff has leave to fle and serve further amended statement of claim by 4.00 pm on 29 April 2009, 2. Thereis to be no order as othe costs of this day DATE AUTHENTICATED: 22 April 2000 lbeBrane 7 ML: 220809SCHEDULE OF PARTIES. BETWEE ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED (formerly known as Permanent Trustee Company Limited) (ACN 000 000 935) ode HAROLD JAMES JOHNSON AND BETWEEI HAROLD JAMES JOHNSON nd = PIPPIN PATRICIA CRESSY DAVID HANLON HARWOOD ANDREWS PTY LID (ABN 98 076 868 034) RICHARD INOLEBY JAMES TURNBULL, BERRY FAMILY LAW PTY LTD (A FIRM) (ABN 73 385 524 664) GRAHAM A DEVRIES DAVID J List DANIEL ODWYER LEGAL SERVICES COMMISSION 1No, 9263 of 2008 Plaiise Defendant Paint by Counterclaim Firstumed Defendant by ‘Counterclaim ‘Sccondnsmed Defendant by (Counterclaim ‘Thirdnamed Defendant by Counterclaim Fourlnamed Defendant by Counterclaim Fithnamed Defendant by ‘Counterclaim Sixthnamed Defendant by ‘Counterclaim Seventhnsmed Defendant by ‘Counterclaim ighthnamed Defendant by Counterclaim ‘Ninthnsmed Defendant by Counterclaim “Tenthnamed Defendant by ‘Counterclaim‘THE ATTORNEY-GENERAL FOR VICTORIA Eleventhnamed Defendant by Counterclaim MINISTER FOR COMMUNITY SERVICES, ‘Twellthnamed Defendant by Counterclaim ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED — Thirtsnthnamed Defendant by (formerly known as Permanent Trustee Company Limited) Counterclaim {ACN ano 000 935)IN THE SUPREME COURT OF VICTORIA AT MELBOURNE, ‘COMMERCIAL AND EQUITY DIVISION No, 9263 of 2008 BETWEEN: ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED —Plsintift (formerly known as Permanent Trustee Company Limited) {ACN 000 000 935), and = HAROLD JAMES JOHNSON Defendant AND BETWEEN: HAROLD JAMES JOHNSON Plaintiff by Counterclaim sand = PIPPIN PATRICIA CRESSY and others Defendants by Counterclaim (according to the schedule attached) GENERAL FORM OF ORDER ASSOCIATE JUDGE: ‘The Honourable Associate Justice Evans DATE MADE: 26 March 2008 ORIGINATING PROCESS: Wat HOW OBTAINED, Plaine’ Suramons fled § March 2009 ATTENDANCE: Mr SD. Hay of Couns! forthe Plait Mr J, Johnson, the Solicitor for the Defendant. OTHER MATTERS: ‘Not applicable. ‘THE COURT ORDERS THAT: |. The PlainitThas leave to smend its statement of claim by substtating for ita statement of claim inthe terms of exhibit ‘NGI-18" tothe afidavit oF N, Jameson. som 4 March 2009,2. The furor hearing ofthis application is adjoumed to 22 Apri 2009 at 10,30 am in ‘Associate Judges’ Court 3, Ground Floor, 436 Lonsdale Steet, Melbourne 3. Therebe no farther pleadings hetween the Plaintiff and Defendant until the hearing and determination ofthe application. 4, ‘The costs ofthis day are reserved, DATE AUTHENTICATED: 26 March 2009, PROTHONOTARY 1% ML 262100SCHEDULE OF PARTIES No, 9263 of 2008 BETWEE ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED Plaint (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) (ACN 000 000 935) ae HAROLD JAMES JOHNSON Defendant AND BETWEE! HAROLD JAMES JOHNSON Paint by Counterclaim cand PIPPIN PATRICIA CRESSY irstiamed Defendant by (Cousterclaim DAVID HANLON, ‘Secondnamed Defendant by Counterclaim HARWOOD ANDREWS PTY LTD (ABN 98 076 868 034) Thirdnamod Defendant by Counterclaim RICHARD INGLEBY Fourthnamed Defendant by Counterclaim JAMES TURNBULL, Fifthnamed Defendant by Counterclaim BERRY FAMILY LAW PTY LTD(AFIRM)(ABN73 __Sixthnamed Defendant by 385 524 664) Counterclaim GRAHAM A DEVRIES Seventhnamed Defendant by (Counterclaim DAVIDILIST ‘Bighthnamed Defendant by CCousterelaim DANIEL ODWYER. ‘Ninthnamed Defendant by (Counterclaim LEGAL SERVICES COMMISSION Tenthnamed Defendant by ‘Counters‘THE ATTORNEY-GENERAL FOR VICTORIA, Eleventanamed Defendant by Counterclaim MINISTER FOR COMMUNITY SERVICES ‘Twelfhnamed Defendant by Counterclaim TRUST COMPANY FIDUCIARY SERVICES LIMITED Thirtenthnamed Defendant by (FORMERLY KNOWN AS PERMANENT TRUSTEE Counterclaim COMPANY LIMITED) (ACN 000 000 935)INTHE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL AND EQUITY DIVISION (Court No. 263/08 BETWEEN ‘TRUST COMPANY FIDUCIARY SERVICES Pins LIMITED (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) ‘ACN 000 000 993 and HAROLD JAMES JOHNSON Defendant (by orginal proceeding) AND BETWEEN HAROLD JAMES JOHNSON Plait by Counterctaim and PIPPIN PATRICIA CRESSY andl others Fist, Second, Third, Fourth, according to the Schedule Fifth, Sith Seventh, Eighth, ‘Neth, Tenth, Elven, ‘Twalth,Thinesnin sn Fourteenth Defendants by Counterclaim NOTICE OF APPEAL AGAINST ORDER OF ASSOCIATE JUSTICE Data of Document: Ape 2008 Solctors Code: 18081 Filed on behalf of “The Defendant, Harld James Johnson Prepared by: Tolophone: os 9273 3832 Harold Jamas Johnson acai: 03 9279 3955 18 Floor, 141 Osbome Steet Email South Yarra Viera 3121 et: MMIPCIVSc2 JO: Trust Company Fiduciary Services Limited ~ C/- Gadens Lawyers Level 25 600 Bourke ‘Street Melbourne Vetoia AND TO: Pippin Patcia Cressy, Berry Family Law (afm) and James Tumbul Family Law 162 Ferguson Street Willamstown Victoria [AND TO: David Willa Hanlon and Harwood Andrews Ply Lid ~ both Cl- Lander & Rogers, Lawyers of Level 12.600 Bourke Steet Melbourne Vietra, all OF Berry[AND TO: Pichard Ingleby of 04031235 Queen Strst Melboums Victoria [AND TO: Graham A Davies of 1826/525 Lonsdale Srost Melboume Victoria, AND TO: DavidJ List of 276 Park Stret, North FizroyVietora, [AND TO: Minister for Human Services, Level 22,50 Lonedale Steet Melbourne Victoria [AND TO: Daniel O'Dwyer of 305 Willam Steet Melbourne Victoria [AND TO: Legal Services Commissioner of Level 9, $0 Coline Siraet Metboume [AND TO: Tho Attorney-General or Victoria of 1 Treasury Place, Melboume Victoria 2000 AND TO: AMP Bank Limited, C/- Russel Kennedy Lawyers, 469 Latrobe Street Melboume Victoria, 000 ‘TAKE NOTICE THAT the Defendant intends to Appeal to the Judge inthe Practice Court against 1. The Orders of Associate Justice Evans made on 26 March 2008; and 2, Tho Orders of Associate Justice Daly made on 17 Api 2000, AND TAKE NOTICE that the Appea! wil be heard by the Judge in the Practice Coup (Cour 10), ‘Supreme Court, 210 Willan Street, Meboure at ..0: 5800-4 on 21.04 200% Five: © 71 APR “This summons was fled by Harold James Johnson, 1% Flor, 141 Osbome Steet, South Yara, soltor and Defendant (and Paint by Courts).‘SCHEDULE, PIPPIN PATRICIA CRESSY (First Defendant by Counter) DAVID HANLON (Second Defendant by Counterclaim) HARWOOD ANDREWS PTY LTD ABN 99 076 898 034 (Third Dotendant by Countercaim) RICHARD INGLEBY (Fourth Defendant by Countertaim) JAMES TURNBULL, BERRY FAMILY LAW PTY (A FIRM) ABN 73 385 524 564 GRAHAM A DEVRIES (Seventh Defendant by Gounieriaim) Davin ust (Eighth Detendant by Countercaim) DANIEL O'DWYER, (Ninth Defendant by Countercaim) LEGAL SERVICES COMMISSIONER (Tenth Deterdant by Counterclaim) ‘THE ATTORNEY-GENERAL FOR VICTORIA (Eleventh Defendant by Counterclaim) MINISTER FOR COMMUNITY SERVICES (Twetth Detendnt by Courterctaim) ‘TRUST COMPANY FIDUCIARY SERVICES LIMITED (FORMERLY KNOWN AS PERMANENT TRUSTEE COMPANY LIMITED) ACN 000 000 983 (Thintworth Defendant by Counterclaim) AMP BANK LIMITED ACN 081 596 009 (Fourteenth Defendant by Courterctaim)INTHE SUPREME COURT OF VICTORIA AT MELBOURNE (COMMERCIAL AND EQUITY DIVISION Court No. €263/08 BETWEEN ‘TRUST COMPANY FIDUCIARY SERVICES Praintit LIMITED" (FORMERLY KNOWN AS. PERMANENT TRUSTEE COMPANY LIMITED) AGN 000 000 993: and HAROLD JAMES JOHNSON Defendant (@y orginal proceeding) ‘AND BETWEEN HAROLD JAMES JOHNSON Plaintiff by Countercain and PIPPIN PATRICIA CRESSY Fst, Second, Third, Fourth, according tothe Schedule Fifth Sich Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thitsenth and Fourieenth Detencants by Countercaim AFFIDAVIT Date of Document: yd 2008 Solicitors Code: 18081 Filed on behalf of “The Defendant, Harold James Johnson Prepared by: ‘Telephone: 03 9279 3682 Harold James Johnson Facsimile: 03 9276 3055 ‘Floor, 141 Osborne Street Fe HAWPCIVSC966507 South Yarra Vetria 3141 HAROLD JAMES JOHNSON of 1" Floor 141 Osbome Street South Yarra in the State of Victoria, make oath and say 28 folows: 4. 11am the Defendant and Paint by Countercaim in these proceedings. je te 3 GB2. 1am temporary se'epresented in these and related proceedings In this Honourable Court ‘as Sutton Lawyers Pty Lid have recently ceased to represent me Chronology of Hearings 3, The fist hearing in this mater was held on 19 February 2008 pursuant to a Summons leeved by tha Sevanth Defendant by Counterclaim (Devries) 4. At that first hearing, the presiding Judge, Associate Justioe Garciner declared thet {or reasons of perceived or actual bias (presumably wthin the principles encunced by the unanimous Full Court of the High Court of Australia in Johnson v Johnson 120001 201 CLR 488, Johnson v Johnson Principles’ he would not hear any part of Devries application (or, presumably, any par of these Proceedings. , Presiding Judge, Associate Justice Gardiner and Dewiss discussed, and confirmed (as deposed by me in my 21 page Affidavit of 14 April 2008) that Associate Justice Evans would (in Devries precise words) ‘be embarrassed in the same way that ‘Your Honour 6. Presiding Judge, Assoclate Justice Gardiner informed the an three partes present ln court (being mysel, Devries andthe second and third defendants by countercialm (Hanlon, end ‘Harwood Andrews’) that His Honour had ‘.. asked around’ and ‘gave the perceived if nt the actual impression thatthe only Associate Justice in this ‘Supreme Court of Victoria who would not be ‘..emberrassed in the same way.” Is ‘Assoclate Justice Daly, and on that basis Associate Justice Gardiner acjourned Devries Summons without hearing, to be listed fr heerng by Associste Justice Daly. +4. The second hearing in this matter was before Associate Jutioe Daly on 20 March 2008, ~ ‘4. Atthat hearing the Presisng Judge, Associate Justice Daly, ordered thatthe hearing ‘of Devries Summons be adjourned for hearing before Her Honcur an 4 June 2008, 1b, Her Honour set the date of 4 June 2009 for the heating ofthat Summons having regard to the dificuties that | have faced in engaging representation in these proceedings from any member ofthe Victorian Ber at Melbourne Her Honour accepted (as | had recounted to Associated Juste Gardner too at the {iret hearing) the clear message given to me by three members ofthe Victorian Bar — Mean Freckleton SC, Ms Fiona MeLeod SC, and Ms Judy Benson, end both of thelr respective lw ler (Clerk Dever and Clerk Howell) who in violation of the so-called longstancing and involuaba ‘cab rank principle’ ofthe Victorian Bar inherited fem ‘ancient times) being that members ofthe Vietran Bar are ‘. embarrassed in the Fe 2.ssame_way_..' fom taking instructions to act against a felow member of the Victorian Ber, namely Devries, despite the mandatory injunctions of their professional ethics (the sald ‘cab rank princiole' that they do so. 4, And Her Honour accepted my need therefore to seek to brief (at intolerable expense) nor-Vietoran barristers, such as London Barristers of, maybe Sycney Banister, to represent me in these proceedings, incuding Dewi’ uppicaton retumable on 4 June 2009, ©. At that hearing | also submited to Her Honour that Devries Summans smacks of sment to him personaly, to the legal profession and to the Courts and administration of justice in this State and abusiveness and oppression, it being an embarr county, that Devries would, given the enormity of the allegations of misconduct described in my countercaims against him, waste the Courts time with en ‘pplication tothe effet, | paraphrase the scope ofthat hearing scheduled for 4 Jne correctly. $0 what fall of these terble things Mr Johnson says about me are ave], | am a specialy privileged person in a special inary laws apoicable {0 ordinary men and oxdina women in ordinary places don't anply to me andi ls acainet the law fr Me Johnson the soecial laws that a a al ‘person._|_am not required to compensate him forthe [assumed to be 100% tel wrongs have done to him. 1 Atthat second hearing, Her Honour made orders that Devies fe submissions by 14 May 2008 and that fle any response by 28 May 2008 65. The third hearing of this matter was before Associate Justice Evans on 26 March 2008 pursuant to a summons issued by the plain in these Proceedings, which is by acquisition fan off-balance sheet off-shoot of the Australia and New Zealand Banking Group Limited (ANZ Bank’. a. Despite: |L_my protestations that Devries had declared atthe rst hesrng in his matter that the Presiing Judge, Associate Justice Evans was conflicted from taking any part in the hearing of any part ofthese proceedings by reason of the Johnson v Johnson Principles; and |i despte Lewes, unzeknownst to me, lunang st tne beck of His Honours Court hanging on to every word of the exchanges between mysel, ANZ Bank's youthful counsel and His Honour, and ie ae Oak:lospte His Honour new all alone that his litle mate Devries was so lurking and hanging (as His Honour informed me afer His hearing of thie matter concluded) His Honour refused to esqualiy himself from taking eny pat in hearing any part of these Proceedinas, as he most cetanly should have cisqualfied himself ‘ccording to Johnson v Johnson Principles. , His Honour proceeded to make the 8 orders I describe In paragraph 13 of my 21 age Affidavit of 14 Apri 2008, namely: #. e ST Rave serious complaints about the judaments and orders of Associate | Justice Evans given and made on 28 March 2000 in these Proceedings No, 283 of 2008, a8 follows Associate Justice Evan's published judaments and orders: “1, The Plant has leave to amend Its statement of claim by substituting for it statement of claim in the terms of exhibit 'NGJ-18'to the affidavit of Ni Jameson sworn 4 March 2008, 2. The further hearing of this application is adjourned to 22 April 2008 at 10.30 am in Associate Judge's Court 3, Ground Floor, 436 Lonsdale ‘Street, Melbourne. 3. There be no further pleadings between the Plain! and the Defendant Lunt the hearing and determination ofthe aplication. 4. The cosis ofthis day are reserved” Associate Justice Evan's unpublished judamonts and orde | ‘Apart from the above orders of Associate Justice Evans authenticated on 28 March 2009, Associate Justice Evans made @ number of other Judgements and orders which Associate Justice Evans filed to include in his stated orders made on 26 March 2008, Including to the folowing effects: [5] That it was not inappropriate for Associate Justice Evans, by reason fof hls cose acqualstanceship wit the Seven: Respurebat, Gaeie ‘A Devries of the Victorian Bar at Melboume, to hear and [contrary to Graeme Devriee’ recorded beliefs to the contrary] Associate Fe SL,Justice Evans was not embarrassed to take part in these | proceedings, such as hearing the Plant's Summons fled 5 March | 2009 or indeed take any part inthe conduct ofthese proceedings No. £269 of 2008. [6] That Associate Justice Evans rejected the Defendant's application on the day that any further hearing of the Plaintiffs Summans fled § March 2000 be heard by Associate Justice Daly. {71 That the Defendants Amended Defence and Counterclaim dated 24 ‘March 2000 is nl and of no effect on account of, a8 Associate Justice Evan's claimed, pleadings having been closed between the Piaintif ‘and the Defendant 1B] That the further hearing of this matior not be adjourned toa date on or after 4 June 2000 (being the date that the Seventh Respondents ‘Summone Is listed to be next heard by Associate Justice Daly) to allow the Defendant to engage suitable legal representation from Independent frm of solstors and berrsters who are not members of ‘he Victorian Bar. [9] That Associate Justice Evans ‘elc] not believe’ the Defendant, a barrister and solictor of this Honourable Cour of 18 plus years good standing when the Defendant honestly and truthfully informed His Honour of his oifiutes and resulting falure in engaging a member of the Vietoran Bar to represent him in these proceedings, necessitating the Defendant to look to engaging baristers (and possibly salictrs) {rom London to represent him in these procsecings, end tis being an ‘ational basis forthe Defendant's submission thatthe further hearing | of the Plaintiffs Summons of 5 March 2008 not be until a date no ‘cartier than 4 June 2008, leis deeply cisturbing that His Honour refused to cisqualfy himself rom futher part In these proceedings, on Johnson v Johnson Principles, made even more clsturbing by His Honours fallure to published § (more than hal) ofthe 8 important ‘orders that he made efectng these Proceedings, at that tid hearin, Jee EA.