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Homepage Private Community Forums Holding Position & Settling Matters Privately A corporation shall not take a step in a proceeding save by a solicitor Rul1.17

  • A corporation shall not take a step in a proceeding save by a solicitor Rul1.17

    Posted by CrownTonyMite on February 18, 2024 at 4:33 pm

    Greetings Crown(s);

    How can we remain as Crown whilst representing a Corporation in a civil eg. : Order 1.17 (General Civil Procedure 2015) – enforcing that a corporation shall not take a step in a proceeding save by a solicitor…

    Greetings Crown(s);

    any (highly sought after and appreciated) insight on the following?;

    RE: Order 1.17 (General Civil Procedure 2015) – enforcing that a corporation shall not take a step in a proceeding save by a solicitor. If it is the case that the defendant company seeks to have a person concerned or connected with it seek leave to speak at a hearing, the only document it can file is a Notice of Appearance. The capacity of the person seeking leave to speak needs to be endorsed on the Notice of Appearance.

    OTHER MATTERS

    A. On 20 December 2023 the Tribunal ordered that the hearing scheduled for 31 January

    2024 be vacated.

    B. The Tribunal has received correspondence from the respondent dated 17 January 2024

    attaching a number of documents including documents headed “Bill of Lading”. The

    Tribunal gathers from the documents that the respondent wishes to make an application,

    but the nature of the application is not clear.

    C. As the documents are incomprehensible, the Tribunal has a concern that the author of

    the documents is not fit to represent the respondent, which is a company.

    VCAT ORDER(s):

    2. At the directions hearing the Tribunal will hear submissions as to whether:

    (a) the documents submitted by the respondent on 17 January 2024 should be

    rejected by the principal registrar;

    (b) whether Mr Tony Mite should be allowed to continue to represent the

    respondent; and

    (c) directions as to any application which the respondent wishes to make should be

    given.

    and;

    Your Electronic Filing – Not Accepted [please read]

    Inbox

    Supreme Court-Redcrest

    eFile ID: 388XXX

    New Filing Status: Rejected

    Document Type Submitted: Subsequent Filing – Notice of appearance, Subsequent Filing – Notice of appearance

    Filed By: Crown-Tony Mite (M.T.V. BUILD & CONSTRUCT PTY LTD)

    Dear Crown-Tony Mite (M.T.V. BUILD & CONST. PTY LTD)

    The documents you have submitted for filing have not been accepted for the reasons set out below.

    Reviewer Comments:

    Dear Filer, Please note the following matters which require the attention of the proposed filer ? Order 1.17 of the Supreme Court General Civil Procedure Rules 2015 provides that a corporation shall not take a step in a proceeding save by a solicitor. If it is the case that the defendant company seeks to have a person concerned or connected with it seek leave to speak at a hearing, the only document it can file is a Notice of Appearance. The capacity of the person seeking leave to speak needs to be endorsed on the Notice of Appearance. The correct template for a Notice of Appearance is linked – https://www.supremecourt.vic.gov.au/…/notice-of-appearance In addition to the above, the following forms are not known to this court, Bill of Lading, Special Affidavit of Executor, Notice of Special Appearance and Protection Certificate. It is recommended that the defendant company seeks legal advice. See a list of options to consider ? https://www.supremecourt.vic.gov.au/…/free-and-low-cost… Kind Regards, Self Represented co-ordinator …

    CrownTonyMite replied 1 year, 3 months ago 1 Member · 1 Reply
  • 1 Reply
  • CrownTonyMite

    Member
    February 27, 2024 at 1:14 pm

    By the way; VCAT seem to have folded and asked us to tell them what we want so they can write it in an Order (sounds like they’ve moved it into Chancery and negotiating this one privately);


    . . . . . . . . . . . . (<font color=”rgba(0, 0, 0, 0)” face=”inherit”>we have been Respondent/ Counterclaimant – We’ve never been the </font>appellant<font color=”rgba(0, 0, 0, 0)” face=”inherit”> – this is at VCAT stage where the overseeing VCAT member has finally folded and asked us to specify what it is we want) . . . . . . </font>


    * in an appeal… we would usually have a one page cover letter covering what the issue is and what you are also g the court to do as remedy.

    All the details is then included on an affidavit with references to all your echo it’s in support of the affidavit.

    Your package supplied all you particulars but now they need to know what you are asking the court for as remedy.

    1. Financial losses plus interest

    2. Personal losses

    3. Stress and duress.

    4. Costs


    . . . although . . . There seems to be lots of dodgy cross-vested conflicts of interests going on in the background RE: disposition of securities (i/p) etc.

    VCAT have dragged this out for almost 4 years – way above their capacity and now seem to have exposed themselves

    Why would the court care if it dragged out?

    Obviously in their favour, they have just asked us to point out in one or two liner of what it is we would like and they would write it out as an order, need to carefully craft something … Perhaps in the form of an nda there seems to be a lot of collusion going around for example he has a separate vcat case where a lawyer very formally employed lost a case with him for our refund with even the figures did not add up in terms of his deposits and reimbursements

    * * * * * . . . . . . . Any chance anyone would have reference to a broker that might be able to trace the disposition of securities?