Dear Mike, Something must have happened since I retired. Firstly, since when did a Legal letter not require a proper signature? Or is FNQ Legal the person’s real name? (Must have done it by Deed Poll.) Secondly, why would you want to give Alan your ammunition? I thought the Court and the Judge was the proper place for this to be sorted. Seems like "FNQ Legal" is pre judging the case by telling you your defence is not good enough! Are they an American Firm? . How about Alan Blake is that his real name?
171 Striking out pleadings (1) This rule applies if a pleading or part of a pleading— (a) discloses no reasonable cause of action or defence; or (b) has a tendency to prejudice or delay the fair trial of the proceeding; or (c) is unnecessary or scandalous; or (d) is frivolous or vexatious; or (e) is otherwise an abuse of the process of the court. (2) The court, at any stage of the proceeding, may strike out all or part of the pleading and order the costs of the application to be paid by a party calculated on the indemnity basis. (3) On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the pleading.
Mike, I will be the first to tell you that this letter from "FNQ Legal", whoever that is, is also a fraudulent document. If you wish to have this company closed down in five minutes, I will show you how! The letter is written by a fool with no facts(Nouns), and is NOT signed by anyone. These clowns at FNQ Legal have truly shot themselves in the foot, and if you don't go after them, I certainly will! A very clear messeage needs to be sent to ALL "legal" establishments, that for too many years, they've been taking Public Monies under false pretenses. I intend to retrieve everything they STOLE from me, including Thomas Stevens' company, who were responsible for ruining my life. You will need to contact the Fraud Squad and the Federal Police. If you bring that letter to me, I will correct the syntax, at which time you may prosecute for Mail Fraud. The Cairns Law Club have ONLY one agenda: To remove ALL "Legal" people who are here to defraud the community by taking public money under false pretenses! There's plenty of them, and we need all the help we can get. Must be something they have in common, because I was prevented from attending "Law/Lie School", due to the information I now have which disqualifies them all! I say, let's have at them!!!
Dear "George who like to hunt with the hounds", I have searched for FNQ Legal on google and have found little else other than their own blurb on their site.
Can you please provide a link to this presumably interesting info you mean to refer us to?
Kate, you need to do a little more than "just search for their name" look for their ABN, and you'll learn some more.. also their domain (website name) how it was registered etc... u need to be a bit more hungry than an LNP candidate on heat
Dear MM, Unfortunately, the supreme court is very strict about the form of pleadings - as opposed to the Planning and Environment Court for example.
So IMHO, you will need to rectify your pleadings - and with the assistance of a competent lawyer.
I suspect the problem may be that you failed to address each separate allegation in Blake's statement of claim - and specify for each, a applicable defence.
It is all most dastardly technical, hence why legal representation os of the essence.
How do you know I'm a woman, George? And why can't you just do what you're told, like a good boy!
I know Cr Alan will be reading this, so I thought I'd say hi.
He's my fav councillor - especially when he's in the suburbs championing the views of the people. He's truly an outstanding human being and should get an award for something. anything.
The Legal family name dates back to Frederick and Betty Legal. Betty Paralegal was a sheep thief. Frederick Legal was arrested in London for honesty. Both were sentenced to transportation and arrived in Cairns on the First Fleet. The family been active ever since defending Truth, Justice and the FNQ Way.
These days the Legal family firm only takes on the most important cases where issues of national security are at stake.
After alot of searching, the most I can seem to find is as we suspected "FNQ Legal" is not a person, in fact the only person listed as professional Staff is "Mr Robert Malcom Owen"
http://www.qls.com.au/content/ss/firm-staff/61507
Queensland Law Society Current Professional Staff — FNQ Legal Name Position Owen, Robert Malcolm ILP Leg.Pract.Director (Main)
He prefers Bob http://www.qls.com.au/content/ss/solicitor/45961
Bob also has another firm on the go and of which again he appears to be the sole employee....
Current Professional Staff — Girgenti Lawyers Name Position Owen, Robert Malcolm ILP Leg.Pract.Director (Main)
http://www.qls.com.au/content/ss/firm-staff/61455
I certaintly hope Bob is a better lawyer than he was a Mentor or tutor at JCU Cairns 2005 era, because if its the same Bob well lets just say there's room for improvement....
Wow! "Meanwhile in the REAL world", I've never ever seen a name like that on a Birth Certificate. Who are you? Really? Whosoever does not use their real name, is either hiding something, or too gutless to let us know!
This tactic by Blake and FNQ LEGAL (great acronym CAPS) seems familiar to me.
Having waited one day short of a year before originating his claim, Alan and his lawyers are now taking the stance that “time is of the essence”. If you are slow, even if you are representing yourself, I will make applications to the court that may just possibly cost you money straight away. Their side has solicitors, our side has the vibe. Chance must lie on their side.
I’ve had a brief look at the uniform rules of civil procedure in the Queensland courts. 678 pages of rules. Fuck me dead! No narrative, no plot, a 678 page Rubic’s cube of argot and esoteric. Curse you Alan Blake!
So now Mike must face the possibilities of (i) Having to make submissions to a judge without proper presentation (ii) Risk costs and all associated with civil debt (iii) Face a rushed and unfair process (iv) Risk substantial costs.
If we want CairnsBlog to continue, and to provide this space for Democratic Discussion. There will be an event on Tuesday 28 September to form “Allies to Free Speech”, which group shall fundraise and otherwise Act in Michael’s support.
I should declare that I recognise this pattern from my own experience in 1994 when I was sued by five Cairnst Post journalists, including Jim Guthrie, Gary Schofield, and Margo Zlotkowskie. Rob Miller was their solicitor.
It’s a bastard of a tactic, in a bastard of a system that runs on money. For us poor folk it’s a double bastard. Treble bastard really.
But “they” are not invincible. Alan Blake is certainly quite vincible (and I reckon we should vince ‘im good and proper.
The Cairns Post eventually let its suit above fall away, and Alan Blake would be smart to follow their lead. And that might be the central question in this whole schermozzle – is Alan Blake Smart?
Can Mike’s foundation of truth, good-will and democracry triumph?
Does Judge Judy take on ridiculous cases like this? I reckon we should buggar off Opra and send a petition to the US of A asking for JJ to be sent here ASAP -MM needs our help. Anyway that has to be the most PATRONISING crap of a letter -Tom Stevens couldn't better it. We are all here to support you Mike -BRING ON JUDGE JUDY!
"Allies to Free Speech". Has a nice ring to is Bryan. Keep us informed of the venue so I can round up a couple of hundred. Heck, there must still be a few of the 15,000 save the Aquatic I can muster. Let's hope Joe Blake doesn’t renege to we can really take the piss out of him!
I dont understand why all the Googling and WHOIS searches need to be done, but here is what I can see:
A WHOIS shows that the domain of fnqlegal.com.au was registerd by LEAP software (an online 'cloud' based packages used by law firms). The registrant is one Hunter Steele. http://www.blogger.com/profile/13303906822725765203 is his link.
The abr.gov.au site returns a result of Sole Trader for FNQLegal, one Robert Malcolm Owen.
30 comments:
Dear Mike,
Something must have happened since I retired. Firstly, since when did a Legal letter not require a proper signature? Or is FNQ Legal the person’s real name? (Must have done it by Deed Poll.)
Secondly, why would you want to give Alan your ammunition? I thought the Court and the Judge was the proper place for this to be sorted. Seems like "FNQ Legal" is pre judging the case by telling you your defence is not good enough! Are they an American Firm? . How about Alan Blake is that his real name?
171 Striking out pleadings
(1) This rule applies if a pleading or part of a pleading—
(a) discloses no reasonable cause of action or defence; or
(b) has a tendency to prejudice or delay the fair trial of the
proceeding; or
(c) is unnecessary or scandalous; or
(d) is frivolous or vexatious; or
(e) is otherwise an abuse of the process of the court.
(2) The court, at any stage of the proceeding, may strike out all or
part of the pleading and order the costs of the application to be
paid by a party calculated on the indemnity basis.
(3) On the hearing of an application under subrule (2), the court is
not limited to receiving evidence about the pleading.
Mike, I will be the first to tell you that this letter from "FNQ Legal", whoever that is, is also a fraudulent document.
If you wish to have this company closed down in five minutes, I will show you how!
The letter is written by a fool with no facts(Nouns), and is NOT signed by anyone.
These clowns at FNQ Legal have truly shot themselves in the foot, and if you don't go after them, I certainly will!
A very clear messeage needs to be sent to ALL "legal" establishments,
that for too many years, they've been taking Public Monies under false pretenses.
I intend to retrieve everything they STOLE from me, including Thomas Stevens' company, who were responsible for ruining my life.
You will need to contact the Fraud Squad and the Federal Police.
If you bring that letter to me, I will correct the syntax, at which time you may prosecute for Mail Fraud.
The Cairns Law Club have ONLY one agenda: To remove ALL "Legal" people who are here to defraud the community by taking public money under false pretenses!
There's plenty of them, and we need all the help we can get.
Must be something they have in common, because I was prevented from attending "Law/Lie School", due to the information I now have which disqualifies them all!
I say, let's have at them!!!
Unusual signature, is FNQ Legal a Mr, Miss or Ms?
I do hope Mike, that the "Cairns Law Club" is not your only source of legal advice.
Alan certainly does love you Michael. He's sending you enough letters these days.
I hope you don't consummate the relationship, as it will end in tears for Blakie!!!!!!!!!!!!!!!!!!!
Search for FNQ Legal, on a little thing called google... it reveals a rather interesting story.
Dear "George who like to hunt with the hounds",
I have searched for FNQ Legal on google and have found little else other than their own blurb on their site.
Can you please provide a link to this presumably interesting info you mean to refer us to?
Kate, you need to do a little more than "just search for their name" look for their ABN, and you'll learn some more.. also their domain (website name) how it was registered etc... u need to be a bit more hungry than an LNP candidate on heat
Why can't you just the post the links here, George???
We're not all as dextrous or clever a bloodhound as you so clearly are!
Don;t be afraid. You can't be sued for merely providing a link to info already available in the public domain.
Is this the most dumb-arse political move you've seen in the last 10 years by a mean-nothing insignificant Councillor?????
Katee.... does a man have to do a woman's work all the time?? and anyway, what are you doing out of the kitchen in the first place?
Dear MM,
Unfortunately, the supreme court is very strict about the form of pleadings - as opposed to the Planning and Environment Court for example.
So IMHO, you will need to rectify your pleadings - and with the assistance of a competent lawyer.
I suspect the problem may be that you failed to address each separate allegation in Blake's statement of claim - and specify for each, a applicable defence.
It is all most dastardly technical, hence why legal representation os of the essence.
How do you know I'm a woman, George? And why can't you just do what you're told, like a good boy!
FNQ LEGAL = Fairly New to Queensland Law Except Getting Alan Loved
I know Cr Alan will be reading this, so I thought I'd say hi.
He's my fav councillor - especially when he's in the suburbs championing the views of the people. He's truly an outstanding human being and should get an award for something. anything.
The Legal family name dates back to Frederick and Betty Legal. Betty Paralegal was a sheep thief. Frederick Legal was arrested in London for honesty. Both were sentenced to transportation and arrived in Cairns on the First Fleet. The family been active ever since defending Truth, Justice and the FNQ Way.
These days the Legal family firm only takes on the most important cases where issues of national security are at stake.
After alot of searching, the most I can seem to find is as we suspected "FNQ Legal" is not a person, in fact the only person listed as professional Staff is "Mr Robert Malcom Owen"
http://www.qls.com.au/content/ss/firm-staff/61507
Queensland Law Society
Current Professional Staff — FNQ Legal
Name Position
Owen, Robert Malcolm ILP Leg.Pract.Director (Main)
He prefers Bob
http://www.qls.com.au/content/ss/solicitor/45961
Bob also has another firm on the go and of which again he appears to be the sole employee....
Current Professional Staff — Girgenti Lawyers
Name Position
Owen, Robert Malcolm ILP Leg.Pract.Director (Main)
http://www.qls.com.au/content/ss/firm-staff/61455
I certaintly hope Bob is a better lawyer than he was a Mentor or tutor at JCU Cairns 2005 era, because if its the same Bob well lets just say there's room for improvement....
Wow! "Meanwhile in the REAL world", I've never ever seen a name like that on a Birth Certificate.
Who are you? Really?
Whosoever does not use their real name, is either hiding something, or too gutless to let us know!
For God's sake Mike, bite the bullet and engage a "wig" pro bono or borrow Rugnut's antique piece!
This tactic by Blake and FNQ LEGAL (great acronym CAPS) seems familiar to me.
Having waited one day short of a year before originating his claim, Alan and his lawyers are now taking the stance that “time is of the essence”. If you are slow, even if you are representing yourself, I will make applications to the court that may just possibly cost you money straight away. Their side has solicitors, our side has the vibe. Chance must lie on their side.
I’ve had a brief look at the uniform rules of civil procedure in the Queensland courts. 678 pages of rules. Fuck me dead! No narrative, no plot, a 678 page Rubic’s cube of argot and esoteric. Curse you Alan Blake!
So now Mike must face the possibilities of
(i) Having to make submissions to a judge without proper presentation
(ii) Risk costs and all associated with civil debt
(iii) Face a rushed and unfair process
(iv) Risk substantial costs.
If we want CairnsBlog to continue, and to provide this space for Democratic Discussion. There will be an event on Tuesday 28 September to form “Allies to Free Speech”, which group shall fundraise and otherwise Act in Michael’s support.
I should declare that I recognise this pattern from my own experience in 1994 when I was sued by five Cairnst Post journalists, including Jim Guthrie, Gary Schofield, and Margo Zlotkowskie. Rob Miller was their solicitor.
It’s a bastard of a tactic, in a bastard of a system that runs on money. For us poor folk it’s a double bastard. Treble bastard really.
But “they” are not invincible. Alan Blake is certainly quite vincible (and I reckon we should vince ‘im good and proper.
The Cairns Post eventually let its suit above fall away, and Alan Blake would be smart to follow their lead. And that might be the central question in this whole schermozzle – is Alan Blake Smart?
Can Mike’s foundation of truth, good-will and democracry triumph?
You tell us!
Blake is one big pussy cat. I should know - I was once his bestest mate (there's a club of us!!!)
Does Judge Judy take on ridiculous cases like this? I reckon we should buggar off Opra and send a petition to the US of A asking for JJ to be sent here ASAP -MM needs our help. Anyway that has to be the most PATRONISING crap of a letter -Tom Stevens couldn't better it.
We are all here to support you Mike -BRING ON JUDGE JUDY!
Bryan,
Have you got a venue, time for this event yet?
"Allies to Free Speech". Has a nice ring to is Bryan. Keep us informed of the venue so I can round up a couple of hundred. Heck, there must still be a few of the 15,000 save the Aquatic I can muster. Let's hope Joe Blake doesn’t renege to we can really take the piss out of him!
I dont understand why all the Googling and WHOIS searches need to be done, but here is what I can see:
A WHOIS shows that the domain of fnqlegal.com.au was registerd by LEAP software (an online 'cloud' based packages used by law firms). The registrant is one Hunter Steele. http://www.blogger.com/profile/13303906822725765203 is his link.
The abr.gov.au site returns a result of Sole Trader for FNQLegal, one Robert Malcolm Owen.
Has been involved with a few high profile cases..
http://docs.google.com/viewer?a=v&q=cache:v6OUKEz0AMgJ:www.fightforbluewaterharbour.com/uploads/4/1/4/6/4146394/bob_owen_pr_6_may_2010.pdf+%2B%22fnq+legal%22&hl=en&gl=au&pid=bl&srcid=ADGEESgUA0omCMWBaaE48nZQxUtWlAAhpsBrUMfxz33_FcbuEJZ5AOsnRkBhTeqUYKi-RcdaeOMNALwrkBzfORnJYlBLwLqmsoKO8vG6iVPvCTs8Ez2wa_HuFCyOovujT_L0YJi_e3Cf&sig=AHIEtbRY_B3OB6FVf48iB9y6moWLC9Sk7Q
Anyways, best of luck. I would expect you will be needing it.
Thanks, Google Master. Bet you're a superb talent in the kitchen as well.
Here he is!
http://www.girgentilawyers.com.au/GirgentiLawyers1221/Page/13058/AboutOurPeople.aspx
A man who represents himself in court has a fool for a client.
If you want to minimise damages, you should take down the offending posts and publish a public apology.
Very, very true, Coner. But would the wider community as a whole be better off were MM to take the safest way out.
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