Page 1

1
2
3 Banyule City Council (Australia, Victoria date) 25-10-2023
4 [email protected]
5
6 Cc: Cr Alison Champion [email protected]
7 Cr Fiona Mitsinikos [email protected]
8 Cr Elizabeth Nealy [email protected]
9 Cr Mark Di Pasquate [email protected]
10 Cr Alida McKern [email protected]
11 Cr Peter Dimarelos [email protected]
12 Cr Rick Garotti [email protected]
13 Cr Tom Melican [email protected]
14 Mayor Cr Peter Casteldo [email protected]
15 Mr RomanWojtkowski [email protected]
16
17 Re: 20231025-Mr G. H. Schorel-Hlavka O.W.B. to Banyule City Council Mayor Cr Castaldo and Ors-
18 TRESPASS, etc-Supplement 12
19
20 NOT RESTRICTED FOR PUBLICATION
21 COMPLAINT
22 Sir & Ors,
23 further to my already provided COMPLAINT and supplements, I add the following.
24
25 Obviously, Banyule City Council councillors are entitled to engage lawyers if they desire to do
26 so but I for one oppose monies of property holders to be used for this kind of shenanigans. As
27 such councillors better put together their own little, or large, funding account, as I view that any
28 conduct of criminal conduct, and/or the support thereof, cannot be at cost of property owners.
29 Fancy, my unconstitutional charged rates to be used to litigate against me!
30
31 What however in my view the lawyer did do was to prove STALKING and well check the
32 Victorian Crimes Act to what this constitute!
33
34 In my view Banyule City Council councillors would do better to first make sure they are
35 conducting matters lawfully, as after all I did provide relevant Authorities to be consulted, and
36 failing this may only result that councillors themselves could be held legally liable as to any and
37 all cost.
38
39 It appears that Banyule City Council is using overhead spying on my property and well that to
40 me violates my wife and my privacy.
41
42 Now imaging a staff member using overhead spying and noticing a small child playing in the
43 backyard and then pretend to do work for the council when in fact being perhaps some
44 paedophile trying to snatch the child in an unguarded moment. The parents having the
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1 understanding their child is safe behind high fences then next may discover their child got
2 kidnapped because a staff member using the spying for ulterior purposes and snatch the child
3 when the child is within reach, etc.
4
5 As I did point out previously the courts made clear that if you cannot observe it from the road
6 then you are violating privacy when doing it otherwise.
7
8 The lawyer in point 14.4 refers to “motor vehicles” (plural) in a certain marked area. Well not
9 even one motor vehicle is in that area let alone “motor vehicles”, and this just underlines that
10 lawyers can’t bother to check details.
11
12 As I indicated there is not a court that can invoke jurisdiction, and that means that Banyule City
13 Council cannot legitimately can get any order from any competent court of jurisdiction to obtain
14 any orders. Without seeking to diminish this, even if somehow a court of competent jurisdiction
15 were to invoke, rightly or wrongly, jurisdiction then it cannot overrule the High Court of
16 Australia past decisions and neither the AEC v Schorel-Hlavka appeal decisions as they are Res
17 Judicata!
18
19 Also, Banyule City Council seems to ignore that I already made a COMPLAINT to Premier
20 Jacinta Allen about the invalidity of certain parts of the County Fire Authority legislation.
21 Meaning, Banyule City Council cannot rely upon the validity of the legislation subjected to my
22 objections. And, also Banyule City Council cannot legislate as by the Commonwealth of
23 Australia Constitution Act 1900 (UK) it is no more but a ‘corporation” way before federation
24 already, and hence it cannot dictate upon anyone purported laws that lack any constitutional
25 validity.
26
27 What however may eventuate is that councillors may be held legally accountable for
28 “misfeasance, nonfeasance, and malfeasance, etc.”.
29
30 Perhaps one may take a note as to what is going on in the USA where President
31 Donald J Trump was consulting with lawyers as to disputing the 2020 Presidential
32 election. While from what I am aware of I personally concluded that indeed there was
33 a stolen election for numerous reasons, nevertheless, a District Attorney now pursues
34 all involved, including lawyers, as to some conspiracy. I understand some lawyers
35 already pleaded guilty, and perhaps they held it a safer way to plea guilty, and just get
36 probation, in a deal than to challenge it and risk being disbarred because of the bias in
37 the jury to hold them guilty, etc. Nevertheless this ought to be a warning that any
38 lawyer representing Banyule City Council and/or any councillor may face a similar
39 scrutiny.
40
41 The lawyer, even unintended, has in my view has revealed details that may constitute
42 STALKING! Referring also to “motor vehicles” (plural) where not even one motor
43 vehicle has been for the last about 20 years!
44
45 Let it be very clear that I did previously make known that Banyule City Council could
46 always make an offer that would be acceptable to my wife and myself to purchase the
47 property and well this was surely a reasonable offer. However, as councils usually
48 conduct themselves being arrogant, etc, because councillors usually are not ending up
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1 to pay any legal bills regardless how absurd any litigation might be, well it is time that
2 councillors are facing reality. To avoid any councillor to claim not having been made
3 aware of my writings, I from start emails to each councillor a copy of the emails.
4
5 About 2 decades ago we discovered someone had robbed our place (Police did attend
6 at the time so it is on police records) and now I realise that in today’s ability to use a
7 drone, Google, etc, anyone, including a council, using drones, Goggle, etc, can now
8 steak out a property and then rob the joint, when the residents are in another part of a
9 garden, they are going shopping, etc. It also means that the police might violate
10 privacy. And well, this needs to be sorted out once and for all.
11
12 My wife has been attending in the high walled backyard to her plants, etc, and
13 pending the weather condition in her dressing gown, nighty, etc. Now however her
14 privacy has proven to be non-existing as the lawyer provided images in that regard.
15
16 There are people who try to make judgment about others. With Picasso there are those
17 who like his painting and others dislike them. That is their rights as long as they
18 accept that everyone has their own kind of style.
19 I am very creative in my own way. For example, my wife needed a stand for many of
20 her pot plants and so I converted an aluminium stand that used to be a light display of
21 a company into a plant stand, having removed all electronic fittings first. I do not
22 needs to ask permission of a council if I can use my art work to suit my wife. We used
23 to have a grass backyard and my wife asked to convert this in a special garden
24 because she was harassed walking in the street, to have some exercise. So I made a
25 patio on our sloping garden and even a water course, etc, with all kinds of plants and
26 trees. It is utter nonsense for Banyule City Council to hold that I cannot do this kind
27 of art work as it is an ESTATE OF FEE SIMPLE and Banyule City Council has
28 absolutely no right to interfere with this.
29 Likewise, over the decades I assisted disabled persons with converting their garden to
30 a pleasant sitting area, all at my own cost, simply because I enjoyed this. Bunnings
31 has been well aware of my shopping, over the decades, and to claim that their product
32 I purchase for such art work might be rubbish or whatever would be insulting.
33
34 Well, obviously Banyule City Council councillors decided they wanted to litigate and
35 well, let them be financially responsible for this as I view it should not be paid for
36 from monies they extract from property owners.
37
38 If Banyule City Council councillors have the idea that I would be scared away
39 because they engage lawyers then well they made a huge mistake. What for example
40 they did with vandalising my wife’s motor vehicle and this while it was parked
41 lawfully in front of our property, and in the process caused considerable distress
42 resulting to her health regressing then let a lawyer try to explain to a court that this
43 kind of trespassing, vandalism, etc, is all within the powers and rights of Banyule City
44 Council!
45

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 Page 4

1 What we now have discovered is that while the police cannot enter a property that has
2 a sign prohibiting entry unless having first obtained a warrant, somehow Banyule City
3 Council seems to hold they can overrule the courts. Well, this will be a very
4 interesting issue to litigate.
5
6 I recall when in 1988 the Department of Human Services obtained a warrant for my
7 then 2 year old daughter and had her physically arrested. Then 5 days later the matter
8 was before the Supreme Court of Victoria and the judge asked me if I remained of the
9 position that the warrant was unlawful. I made clear that the Department had no legal
10 powers to override the Supreme Court of Victoria court order where the Court
11 specifically had provided that I could refuse any contact with her mother if a man was
12 in her presence., this because of sexual abuse involving the mothers past boyfriend.
13 The judge made clear that I was correct, as the Department had no legal powers to
14 interfere or override the orders of the Supreme Court of Victoria and declared the
15 warrant to be unlawful and my daughter to be returned to me, which she then was that
16 day.
17
18 Obviously, my wife is in the last years of her life considering she is turning 91 this November
19 and yet Banyule City Council has the disgraceful conduct to terrorise her in her own backyard
20 with spying on her, taking photos, etc, when she so badly need sunshine, etc. Well, time will tell
21 how any litigation will eventuate but no excuse can justify their invasion of privacy, and doing
22 this to my wife in particular they just may discover that they started a losing battle.
23
24 Let it be very clear that this kind of spying was expected and for this I raised the issue in my 16
25 October 2023 writings as I needed evidence and expected that likely this would come out if
26 lawyers get involved. I proved to be right.
27
28 People now have to be concerned as to within what, if any, legal provisions any council can spy
29 on them overhead to view something that cannot be seen from the footpath/road!
30
31 Are children now safe in their backyards if perhaps some paedophile might be working for the
32 council and then use overhead view to perhaps plan some criminal conduct?
33
34 It may question the right of Google, personal drones, council drones, police and other authorities
35 to use such overhead spying as to obtain information that is not visible from the footpath/road!
36
37 While the High Court of Australia has indicated that for example when the Commonwealth
38 acquires property then this involved all items (property) on the land as well as under the land, it
39 may now have to determine if this kind of spying by whatever means is permitted where it is
40 deliberately to interfere with the privacy rights of a citizen?
41 There ought to be no question that an aeroplane merely travelling overhead for business purposes
42 to transport people and/or goods in itself cannot be deemed to be an invasion of privacy,
43 provided that this travelling is not used for spying purposes.
44
45 For example, when a police officer attends to a property he may attend to the front door via the
46 shortest manner but the moment this police officer strays from the shortest path then it becomes
47 trespassing. Likewise, it should be held that if say an aeroplane travels overhead for mere
48 transportation purposes then this is lawful but the moment this overhead travel was used for
49 ulterior purposes also like spying on properties then it becomes unlawful.
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 Page 5

1
2 QUOTE REPLY - Re: Use of land in breach of Banyule Planning Scheme; 107 Graham Road, Viewbank
3 REPLY - Re: Use of land in breach of Banyule Planning Scheme; 107 Graham
4 Road, Viewbank
5 Mr Gerrit H. Schorel-Hlavka O.W.B. <[email protected]>

6 To:Molly Metcalf

7 Cc:Gerrit Schorel-Hlavka O.W.B.,Gerrit Schorel-Hlavka O.W.B.

8 Wed, 25 Oct at 7:11 pm

9 Molly,
10

11 I hereby confirm having received your email, and pending when Australian Post
12 will deliver the hard copy this is merely an interim acknowledgement.
13

14 In AEC v Schorel-Hlavka (representing myself) I defeated the Commonwealth

15 and 9 Attorney-General's on 19 July 2006 in both appeals on various
16 constitutional issues, and those matters are Res Judicata.
17

18 I have attached a sign (as displayed at my gate) which has various references to
19 High Court of Australia decisions and the State of Victoria and neither Banyule
20 City Council can overrule the High Court of Australia albeit the State of Victoria
21 and/or Banyule City Council could have challenged the High Court of Decision
22 before seeking to enforce what purports to be their own legislation.
23

24 If you as a law firm seeks to pursue something that based upon the
25 details/information in my writings to Banyule City Council seek to nevertheless
26 act in violation of my constitutional and other rights, then this may implicate the
27 law firm (and yourself) as to possible criminal conduct.
28
29 "All laws which are repugnant to the Constitution are null and void."
30 Marbury vs. Madison 1803, 5 U.S. (2 Cranch) 137, 174, 176.
31 The following legal principle also applies to the Commonwealth of Australia:
32
33 Scheuer v Thodes, 416 US 232 94S Ct 1683, 1687 (1974) states:
34 “when a state officer (which includes Judges) acts under a state law in a manner violative
35 of the US Constitution, he comes into conflict with the superior authority of that
36 Constitution, and he is in that case stripped of his official or representative character and is
37 subjected in his person to the consequences of his individual conduct.
38
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 Page 6

1 The State has no power to impart to him any immunity from responsibility to the supreme
2 authority of the United States”.
3
4
5 You may also consider:
6
7 All State legislation regarding Aboriginals (Voice/First Nation Assembly, etc), State
8 land taxation (including council rates), “man-kind” infectious disease childhood
9 vaccinations, etc, including to exclude politicians and officials from legal
10 accountability are unconstitutional.
11 You can download the document from:
12 https://www.scribd.com/document/679054806/20231021-Mr-G-H-Schorel-Hlavka-O-W-
13 B-to-Jacinta-Allen-Premier-of-Victoria-Ors-Suppplement-1
14
15 It deals also to certain parts of the legislation you refer to being in violation of
16 the legal principles embedded in the Commonwealth of Australia Constitution
17 Act 1900 (UK).
18
19
20 It never was a surprise to me that opponent lawyers were unaware of the legal
21 principles embedded in the constitution as I am, but this is not an excuse they
22 failed to do so.
23
24 You may also find my writings of 16-102023 ver much relevant.
25
26 So called council officers have no more power than an ordinary citizen when it comes
27 to the rights of a resident on private property unless an appropriate warrant was
28 obtained. Councilors seems to me to be busy bodies rather than acting responsible.
29 You can download the document from:
30 https://www.scribd.com/document/677829151/20231016-Mr-G-H-Schorel-Hlavka-O-W-
31 B-to-Banyule-City-Council-Mayor-Cr-Castaldo-and-Ors-TRESPASS-Etc-Supplement-11
32
33 What you appear to me to have proven is that Banyule City Council has been
34 spying upon my property in violation to my wife and I privacy.
35
36 Olga, my 90-year-old wife suffers from heart failure and other comorbidities and
37 as the back fences are high where she tenders to her plants then she should never
38 be disturbed in her rights of privacy by Banyule City Council spying overhead
39 onto the property.
40
41 Failing your law firm, so yourself to warn your client, Banyule City Council to
42 refrain from any violation of our privacy and to refrain from any conduct such as
43 I complained about that eventuated by Banyule City Council on 6 September
44 2023 and 7 September 2023 you may find that this may
45 constitute “misfeasance, nonfeasance, and malfeasance, etc.”.
46

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 Page 7

1 The legal doctrine of “ex turpi causa non oritur action” denies any remedy to a litigant
2 (including a prosecutor) who does not come to court with clean hands.
3
4 If your own action is very unlawful and very unethical, if you come to court with “Dirty
5 Hands” best not to question others legality, morality, and ethics!
6
7 It must be very clear that Banyule City Council did NOT make any attempts to
8 contact me, if they had any legal standing in the first place, about any concerns it
9 may have had, but it simply despite the signs displayed trespassed and caused
10 damages, etc.
11
12 As I have challenged the validity of part of the legislation that is parts upon you
13 claim Banyule City Council relies upon, then clearly there can be no
14 enforcement without a judgment and orders to authorise entry, etc, by a court of
15 competent jurisdiction.
16
17 At 14.4 you refer to "motor vehicles" where not even one is in the area
18 highlighted as 'red".
19 It reminds me on a council litigating against me where the counsel presented
20 GPS map, etc. Only when I cross-examined the witness, he admitted certain
21 evidence given in Evidence-in-Chief actually was incorrect. And the GPS was
22 used to pretend otherwise.
23
24 When I represented Mr Colosimo before Her Honour Harbinson J I exposed the
25 wrongdoings of opponent lawyers Maddocks as to the CONTEMPT OF COURT
26 application against Mr Colosimo. I also successfully had the appeal upheld
27 against Mr Colosimo's Order of Administration!
28
29 You do not appear to have referred to Banyule City Council staff Angelo
30 O'Brien having vandalised Olga's motor vehicle the Ford AU 1XK6MV which
31 resulted in considerable stress to Olga and the health problems as result.
32
33 What you appear to me to have done is to show that Banyule City Council has
34 been stalking my wife and myself since at least 2018 and you may do better to
35 check what "STALKING" stands for (Crimes Act).
36
37 One of the numerous issues I have made clear in my writings is that the State of
38 Victoria has no legislative powers to create another level of government, as it is
39 constitutionally, itself "local government", and Banyule City Council being a
40 "corporation" has no legislative powers" and merely can create rules which in
41 themselves are not legally enforceable.
42
43
44 There is a High Court of Australia judgment where the Court made clear that
45 even if the property owner had collected garbage on his property, as long as it
46 caused no specific harm to others (such as vermin, etc) then there is nothing that
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 Page 8

1 could be done against the property owner because it was his right to use the
2 property as he desired.
3
4 As we do not keep any animals then obviously there is no spread of vermin from
5 our property.
6
7 As the trespass on 6 September 2023 resulted in damage, and likewise so on 7
8 September 2023, then it would in my view have been more appropriate for
9 lawyers to work out what compensation regarding that, etc, might be to be
10 considered.
11
12 Banyule City Council might perhaps think that it can bully me using lawyers but
13 if anything, they may only make it worse for themselves.
14
15 Banyule City Council obviously cannot represent me in litigating against me and
16 therefore the question then is who is paying the legal bill to litigate against me?
17
18 Obviously, there is a lot more to it all, but this email is merely to let you know
19 that if you desire to litigate you better get your facts rights about relevant legal
20 issues.
21
22 Gerrit
23
24
25 Constitutionalist & Consultant
26
27 MAY JUSTICE ALWAYS PREVAIL ®
28 Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN
29 (OFFICE-OF-THE-GUARDIAN)
30 107 Graham Road, Viewbank, 3084, Victoria, Australia
31 Ph (International) 61394577209
32 .
33 Email; [email protected]
34
35 The content of this email and any attachments are provided WITHOUT PREJUDICE,
36 unless specifically otherwise stated.
37
38 If you find any typing/grammatical errors then I know you read it, all you now
39 need to do is to consider the content appropriately!
40
41 A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE
42 OF BEING CONCERNED TO BE LABELLED A FOOL.
43
44
45

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 Page 9

1 On Wednesday, 25 October 2023 at 05:27:45 pm AEDT, Molly Metcalf <[email protected]>

2 wrote:
3
4
5 Dear Mr Schorel-Hlavka,
6
7 We confirm we act on behalf of Banyule City Council with respect to the above matters.
8
9 Please find attached correspondence for your attention. We confirm hard copies have also been sent
10 via post this day.
11
Regards,
Molly Metcalf
Solicitor - Local Government, Planning and Litigation

177 View Street, Bendigo, 3550

t:03 5445 3333
e:[email protected] w: www.becklegal.com.au

12
13 signage trespass-01a at Front.jpg
14 58.8kB
15 END QUOTE REPLY - Re: Use of land in breach of Banyule Planning Scheme; 107 Graham Road, Viewbank
16
17 Attachment to the email:

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 Page 10

1
2 It appears to me that lawyer Molly Metcalf may not have understood what the court decisions
3 citied in the sign above is about.
4
5 Why on earth is the lawyer sending me advertising about transferring money?
6
7 Are the inviting me to deal with them regarding transferring money while they are representing
8 Banyule City council, and so a conflict of interest may exist?

9
10
11 The least anyone can do is to keep an eye out if some council is not spying onto their property
12 and may in the process endanger not only privacy but also any person residing or being on the
13 property, in particularly small children!
14

15
16
17 We need to return to the organics and legal principles embed in of our federal constitution!
18
19 This correspondence is not intended and neither must be perceived to state all issues/details.
20 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

21 MAY JUSTICE ALWAYS PREVAIL®

22 (Our name is our motto!)

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