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LACK OF CIVIL AID
Topic: LACK OF CIVIL AID
Posted: 24/February/2017 at 20:13
NOTE: NO ATTACHMENTS TO THIS DOC. HOWEVER I HAVE EVERY SINGLE POINT REFLECTED IN EVIDENCE.
Lack of Civil legal support aid for person under distress in Sydney Australia
Failure of ACCC, ACMA, FOS, ASIC, LEGAL AID, BEYOND BLUE, POLICE, COMMUNITY LAW CENTER, PRO BONO.
Submission to Legal assist NSW BAR has been given
Failure to address major growing Australian catastrophe
1 day or more suicide in Australia, that’s of 2009 statistics could be more
Failure to recognize ADHD, Addiction, Depression Mental Disorder by the NSW state
Failure to enforce IGA act to stop this mess from happening
Failure of legislation to amend the act to ban financial institutions from profiting from a $10.7 Billion dollar illegal business
How easy is it for a child, teenager to grab mum or dads credit card and gamble on a unregulated casino online, if you “google” Casino online they will target you with Australian Casino’s titling that they are reputable.
Lack of Telstra to address the IP’s and ban them like what they do in America.
Failure from every angle and high doubt that a solicitor would be able to answer these questions.
What I have had to do whilst in recovery
What someone with a disease would have to do if they had the same issue below and had no family home to go to?
The “plaintiff mentioned below is me, I have been studying the areas of tort law and civil cases to present my case whilst in recovery to the Supreme Court.
And the “Defendants” are NAB and CBA Bank.
Thank you in advance for reading.
The Interactive Gaming Amendment Bill proposed on the 10th November 2016 established to strengthen consumer protection. The applicant appeals sections 15 and 15AA as does not accommodate a contravention on transactions processed by Australian financial institutions.
The Plaintiff born on August 1981 has a family history of depression, mental illness, addiction and anxiety related conditions.
The Plaintiff had been misdiagnosed as a 3 year old child and recently diagnosed with ADHD, caused from numerous amounts of childhood trauma & hospitalization.
The plaintiff suffering immensely and within the early periods of 2015 a compulsive cross-addiction had progressed unable at the time to make judgement or rational decisions.
The plaintiff’s reference to lack of civil legal aid as section 6 is no longer actively in reach. Refused legal aid
The plaintiff’s action pursuant 10.1 as a common law right to a fair trial. Financial incapacity weighs pursuant section 88 of the National Credit Code received by Commonwealth Bank Australia.
The plaintiff’s position is typical of a David & Goliath situation and pleas the justice committee to refute any motion for security of costs made by the defendants in an inconspicuous attempt to swiftly silence the matter.
The plaintiff raises concerns of life threatening stature and on the 12th May 2016 the residence of the plaintiff in Matraville was broken into.
On the 11th of July the plaintiff had been admitted to Rehabilitation in LA Betty Ford renowned clinic for addiction. Post treatment the plaintiff was placed into a sober house in Santa Monica LA California State of America.
The Financial Ombudsman was advised on the 10th May 2016 and as far back as the 28th August 2015 NAB had been advised of unauthorised transactions.
The plaintiff’s mother had made contact with NAB in 2012 and the plaintiff’s previous business partner had made contact with NAB in 2012 concerning the plaintiff’s mental health around drug use and then gambling.
The plaintiff sort counselling and a mental health plan during 2012 and had included a harm prevention plan to limit harm implications for the plaintiff as an entrepreneur in Real Estate.
The plaintiff sort treatment and mutually agreed on an institution Macquarie Bank, the plaintiff and then business partner sort the remaining business period although dissatisfied with NAB at the time.
Following the plaintiffs plans to exist the Real Estate industry, the plaintiff had sold the business and in hopes to pursue his passion within IT and food industries.
In May 2016, the extent of damage, the plaintiff endured had affected memory loss due to extant of drug use. Despite the plaintiff advising FOS about what had transpired, they pursued and wrangled the plaintiff.
Dates are indicative within the statement that NAB neither sort to address the issue on a commercial business basis or personal basis whilst the client was combating a mental illness, knowingly.
Post 10th of May despite the plaintiff’s irrational complexities and illness NAB continued to allow transactions to occur.
Frustratingly, the plaintiff makes mention to a period within August 2015 in and out of consciousness at that time he had in fact contacted the unregulated illegal casino to self-ban the plaintiff.
Records were denied to be released to FOS, though NAB clearly were coordinating with the plaintiff and the casino in August 2015.
CANONISATION OF BEAUTUS
The plaintiff acknowledges that the casinos had been unregulated and certain emails as to the authenticity of the casino had exchanged with the VIP host.
NAB nor the Casino restricted the plaintiffs account ignoring early warning signs of a dispute raised with NAB questioning unauthorised transactions only of late to comprehend NAB’s ulterior motives behind distracting the plaintiffs ability at the time that was clearly evident, attached NAB fraud team statement August 2015.
A CBA account was opened in 2015 as the plaintiff had been so frustrated with NAB during this period decided to use CBA in its place.
The plaintiff although drug fuelled entirely on all occasions when gambling found that comfort and ease with access to money and drugs was although andaddicts dream world, was absolutely a devastating roller coaster ride to a complete and utter self-destruction.
The plaintiff as you can see on binges spent anywhere between $17,800 per night to over $500,000 in a (3) day straight period. Both with CBA and NAB accounts.
The Plaintiff sold two motorbikes and a car to also fuel the addiction in the months of August 2016.
Post rehab, the plaintiff returned to Sydney with a changed attitude though tensions at home were still adrift and FOS claim loomed the plaintiff in order to escape relapsed on multiple occasions then bound for Melbourne to start a new life chapter away from chaos.
Aimlessly trying to stay sober, the plaintiff relapsed heavily on the 13th of September 2016 in Melbourne as suffering on all avenues were too much to handle for the disease.
CBA bank was used to transact with Vegas Paradise an online casino also unregulated at the time of relapse as the plaintiff consumed drugs for numbing pain whilst gambling on acts of self-sabotage and affliction.
Mortified and suicidal at this stage the plaintiff contacted Melbourne police on the 13th of September 2016, the plaintiff was then ordered to attend a local Police station to check mental health status.
The plaintiff in total distress with an entire truck of furniture and a small pet pleaded to CBA to reverse charges on the 14th September 2016. CBA recorded discussion attached.
The plaintiff’s plea over the phone with CBA to allow the account to overdraw funds for food and petrol were not made available after losing over $40,000 in one night on a CBA account. All monies were now completely lost.
The plaintiff recalls suicide was at an all-time high at this stage, not only did the plaintiff want to kill himself, the plaintiff could not leave an infant pet dog astray, that the plaintiff calls now his soul mate.
The plaintiff nurtured his pet before attending care of any other needs, so dark and hollow within the plaintiff had finally been struck down as news to family would have completely shattered the plaintiff of shame and guilt, the plaintiff was lost.
The plaintiff had limited energy to weep and the trail of damage and destruction had finally taken its toll, the plaintiff able to call upon a friend in Newcastle for assistance was able to pay over the counter by mobile to the petrol station attendant around the 14th of September 2016.
The plaintiff further faced family confrontation when acceptance at the family home was granted, the plaintiff although let down on numerous occasions from post support from family and friends out of anger over consumed the sleeping pill Xanax in an attempt of suicide, second attempt.
The plaintiff then admitted to acute mental unit at Kogarah hospital by family members. Letter enclosed.
The defendant’s knowledge and lack thereof to implement VISA and MasterCard schemes pursuant Reserve Bank Australia and Payment Systems Regulation Act 1998 in conjunction with the Corporations Act 2001 and authority of the Australian Securities and Commission Act 2001.
No consumer protection
Undermine consumer’s personal situation
Excessive surcharging on all transactions
Encouraging the weakness of powerless consumers in financial disarray
Permitting prohibited payments via credit cards
Permitting prohibited payments via debit cards
Exceeding prohibited payments via debit cards
Exceeding prohibited payments via credit cards
Failure to disclose non-regulated payments
Failure to restrict non-regulated payments
The defendants in breach pursuant Part 2, 2, s12CC (1) Unconscionable Conduct under the Competition and Consumer Act 2010 – Schedule 2, Australian Consumer Law, adhered statue Australian Securities and Investments Commission Act 2001.
Permitting with intent of goods and services
Prohibited permitted supply of service knowingly
Avoidance of doubt
Avoidance to customers delinquency
Failure to adhere to customers family concerns
Failure to respond to consumer mental health distress
Aiding to consumers mental illness and suicidal tendencies
Misleading and deceptive conduct
Commercial Bank of Australia Ltd V Amadio (1983) 151 CLR 447; Muschinski v Dodds (1980) 160 CLR 383; Stern v McArthur (1988) 165 CLR 489 and the Commonwealth v Verwagen (1990) 170 CLR 394.
The defendants are in breach pursuant sections 4B of the Crimes Act 1914 (Cwlth) section 59 (1) of the Criminal Procedure Act 1986. Relates to bodies corporate as well as individuals in this case being a civil matter.
Aiding and abetting in an act for monetary gain
Motion to use inappropriate power of corporate authority in secret
Motion to avoid subsequent exposure
Advantage taken on those person/s whom sort
Hogan v. The Trustees of the Roman Catholic Church for the Archdiocese of Sydney & Fricot
The plaintiff pursuant section 3.2 part 2 of the Interactive Gaming Act points out the ISP provider Telstra under a Foxtel network bundle pursuant section 5.6 of the Criminal Code injunctions thereof 7A of the Interactive Gambling Act 2001 in cohesion with the Tobacco Advertising Prohibition Act 1992 Act knowingly
ISP’s and financial institutions are known of non-regulators
Non-regulators and commissions attainable
Black List not incorporated as plaintiff argues fact
The plaintiffs conflict and strenuous indicators enclosed
The defendants breach of fiduciary duties pursuant Ch 7 sections 912A (1) (a), 180 to 184, s191-to 195, s208 to 210, s285 to 318 of the Corporations Act (Cth) and the Australian Securities and Investments Commissions Act 2001 (Cth) Financial Sector Reform (Consequential Amendments) Act 1998 (Cth) Pt2, Div 2 pursuant ASIC Act sections 12DA and 12DB and sections 18 second schedule Competition and Consumer Act 2010 (Cth).
Statutory provisions of the defendants
Disclaimers pointed out by the defendants
Remedies of the defendants
Deceive through silence
Plaintiff led by in error
Conflict of interest arising from monetary gains by the defendants
Dispute resolution internal and external processes of the defendants
Financial Ombudsman Service accountability in silence
Exemplary damages in tort
The defendants financial motive
The Financial Ombudsman Service potential financial motive
See Chan v Zacharia (1984) 154 CLR 178 at 196 per Deane J; News Limited at 539 per Lockhart, von Doussa and Sackville JJ; Noranda Australia Limited v Lachlan Resources NL (1988) 14 NSWLR 1 at 17 per Bryson J; Woolworths Limited v Kelly (1991) 22 NSWLR 189 at 225 per Mahoney JA; Kelly v Cooper  AC 205 at 213-214 per Lord Browne-Wilkinson. See also Henderson v Merrett Syndicates Limited  2 AC 145 at 206 per Lord Browne-Wilkinson Daly v Sydney Stock Exchange Ltd
Social Security Act 1991 (Cth), s. 1350, Fox and Freiberg 1999:317, O’Connor  VR 501;
Young18/5/1990, Supreme Court of Victoria, section 178BA of the crimes act. Newman v Financial Wisdom Ltd. Ali v Hartley Poynton Ltd
The defendants and FOS adversity to divert concerns pursuant sections 12BB – 12DE, 12BG 12BF (1) of the Australian Securities Investments Commissions powers.
The plaintiffs Misrepresentation
Misleading conduct as to purpose or quantity
Harassment and coercion
Lack of transparency
Lack of contractual arrangement enacted
FOS, NAB and CBA and corresponding government and non-government bodies contacted by the plaintiff in breach pursuant Human Rights and Equal Opportunity Commission (HREOC) classed as disability pursuant Disability Discrimination Act 1992.
Lack of government assistance
Disability of the plaintiff
Refused legal assistance in its entirely
Refused any assistance
Refused assistance in act of silence
Divert the plaintiff in distress and misperception
Marsden v HREOC and Coffs Harbour RSL  FCA 1619
Compassionate requests by the plaintiff for the Honourable Chief Justice of the court to deny a ‘security of payment motion’ by the defendants in an attempt to strike out pursuant sections 72 Uniform Civil Procedure Rules Act 1999
Undeniable evidence by the plaintiff
Financial bankruptcy evident in due course
Section 88 notice received from CBA
Lack of assistance offered to the plaintiff
Health and public safety concerns conveyed by the plaintiff for the Honourable Chief Justice of the court to enforce section 69A of the IGA without further delay.
Taxable supply on regulation to the Australian government
Contribute to further saving of Australian lives
Will regulate the gaming industry on-line
Further restricting possible criminal corporate behaviours
Acting in the best interest of the public
The plaintiff requiring representation pursuant section 3 of the Civil Procedures Act 2005 NSW.
Loss suffered from Mental illness inability to manage finances
Suffered severe financial losses as a result
Supports financial planner for monetary management
Briginshaw v Briginshaw  HCA 34 per Dixon J.
The plaintiff makes mention to the Corporations Act as of the 1st July 2013 pursuant the following;
Sections 963E, which prohibits a licensee from accepting conflicted remuneration
Sections 963F, which requires that a licensee must take reasonable steps to ensure that its representatives do not accept conflicted remuneration
Sections 963G, which prohibits an authorised representative from accepting conflicted remuneration
Sections 963H, which prohibits other representatives from accepting conflicted remuneration
Sections 963J, which prohibits employers from giving employees conflicted remuneration
Sections 963K, which prohibits a product issuer or seller from giving conflicted remuneration (Ex. The defendants monetary obligation to the Financial Ombudsman Service to handle dispute)
Sections 963L, which provides that volume-based benefits are presumed to be conflicted remuneration.
Clause 22 of the Code of Banking Practice include silence. s 52 of the Trade Practices Act 1974 (Cth) TPA.
Failure to disclose
Statutory duties of bankers
Prohibits corporations from engaging in misleading and deceptive conduct.
Under the Health Practitioner Regulation National Law (NSW) there is a right for a party to be legally represented by an Australian Legal Practitioner, or with the leave of the Chairperson, by an advisor. Under the Guardianship Act 1997 (NSW) where a party may only be legally represented by an Australian Legal Practitioner if leave is granted to do so the plaintiff wishes to request a McKenzie Friend
Civil complexity and nervousness in court
Defendants will ultimately pursue with full force if they decide
Unfair advantage of the defendants
Carelessness by the defendants have caused the position in which the plaintiff seeks to assist.
Sections 3.3 under the Interactive Gaming Act states it illegal for prohibited Internet gambling services to be provided for customers physically located in Australia (and sets penalties for non-compliance)
In the beginning the plaintiff was unaware that the casinos were in fact unregulated they clearly display Australian Casino marketing
Unregulated casinos continue to target Australians despite prohibitions
The Interactive Gaming Act is complex requires immediate review
Previous amendments by committee members favours the corporate powers
Previous amendments continue to provide no assistance
Previous amendments despite public concern were avoided and lack of controls is evident
ACMA and ASIC have neglected to enforce the IGA Act upon the financial sector
The plaintiff notes that if federal laws of the Commonwealth cannot be adhered to then the laws of the state must apply for Casino’s across the board. Pursuant the Casino Control Regulation 2009. Section 16. And every code within the Casino regulation is breached.
Confirms authority to the gambler
The plaintiff argues fact that if requirements are on the plaintiff to take the Casino directly to court, then the issue of the problem falls in the state of NSW and MELB and the Commonwealth.
The plaintiff notes that if the law had been enforced by the banks as told. The issue would not have manifested into a disaster and complete financial loss to the plaintiff.
At no stage did the FOS confirm the casinos were in fact illegal
At no stage did CBA or NAB send a letter or contact the plaintiff noting the casinos were in fact illegal.
At no stage did the defendants restrict, cancel or attempt to cancel the credit cards MasterCard and VISA.
In Kelly v Solari, Parke B criticised the dictum of Bayley J in Milnes V Duncan High Court Australia. And said that if money is paid under the impression of the truth of a fact which is untrue, it may, generally speaking, be recovered back, however careless the party paying may have been.
The unjust factor – Right to a Restitution payment
Dawson J P in his article ‘Restitution without Enrichment ‘said that the general idea of unjust enrichment ‘has the peculiar facility of inducing sober citizens to jump right off the dock’. The ideal of preventing unjust enrichment has a strong appeal to justice but it also has the ‘delusive appearance of simplicity’. Those who are sceptical to the principle of unjust enrichment might say that the principle is vague and allows ‘palm tree’ justice. However, one must bear in mind that, “in order to establish a successful claim in restitution, the plaintiff must prove not only an enrichment (which is easy in the case of money) but also an unjust factor on which the right to restitution is based, that is, the benefit must have been conferred by mistake, under compulsion, duress, undue influence or out of necessity and other legal grounds before a right of recovery can be established”
Plaintiff conferred by mistake online by ISP provider
The plaintiff under compulsion conduct due to disease.
The plaintiff had no control over damage under the influence of drug meth-amphetamine, cocaine, alcohol, MDMA. Affidavit of witness accounts available to the court
Undue influence, in the plaintiffs case drugs
As an addict it becomes the necessity
Prohibition on legal grounds
FACTS SUMMARY WITH ATTACHMENT VALIDATION:
The plaintiff under the influence of drugs accessed an unregulated prohibited Casinos without knowing it wasn’t Australian. And not consciously aware of regulations and authenticity.
Access is easily available by anyone, a child, a teenager and adult, clearly attached as Australian Gambling sites. Banks, ACMA, ASIC and parliament are all aware of the issues and ramifications of this issue pursuant 2010 parliamentary reviews into interactive gaming.
The plaintiff continues to be a target by these Casinos even though emails have been sent to stop sending advertising spam emails, they continue to do so.
The plaintiffs past mental health and gambling splurges were called upon by the Mother and the business partner in 2012. NAB had been advised by the pair and by the plaintiff in 2012.
The plaintiff’s mental health plan at the time was admitted to see a psychiatrist and undergo a series of counselling sessions for pokie machine addiction whilst on drugs.
Despite contraventions in place and financial institutions fully aware of the ICA Act, the plaintiff succumb to his addiction. Called a cross-addiction (Two drugs) Gambling and actual drugs, deemed the same in rehab.
The plaintiff in small periods of soberness was provoked encouraged and haggled by the FOS claim division for event periods and descriptions even though the plaintiff could not function correctly.
FOS aware at the time of the plaintiff being submitted to rehab by family intervention continued to avoid questions by the plaintiff to throw off the question of prohibition.
No harm preventions as such, the tenant able to spend large sums of money in excess of credit limit. Ex. Limit = $2,000.00 Expenditure over $200,000 in one of the plaintiffs cases.
The defendants acted on enrichment despite the plaintiffs mental health status, continued the plaintiff to allow transactions to be processed for monetary gain despite health condition of consumer.
The plaintiff’s transfer of payments are a key indicator of undeniable problematic gambling.
Further responses to such issues, the defendants have a harm prevention plan and risk management assessment attached.
NAB Fraud team response to the plaintiffs distress call in August 2015 of unauthorised transactions.
NAB wilfully changed and confused the plaintiff at the time knowingly evident that the customer was gambling heavy on an unregulated casino.
As to the addiction the plaintiff continued to play and at no stage did NAB at the time advise the transactions were of unregulated Casino payments, in breach of IGA Act and general duty of care.
On the 11th of May 2016, the plaintiffs home was suspiciously robbed, the police failed to thoroughly investigate and certain items stolen such as a hard drive computer that contained evidence important to the plaintiff.
From the 4th Nov to 6th Dec 2015, the plaintiff’s statement reflects an entire month of gambling transactions.
The transaction amounts for gambling are in fact spread out oddly to revert the issue of erratic behavioural patterns of payments.
ADI’s cannot be used for prohibited purposes enclosed report.
MasterCard and VISA cannot be used to accept payments from prohibited ADI’s
Post FOS claim for CBA and NAB to reverse all payments made to Casinos aided and abetted by the bank, had been cancelled by the plaintiff.
The plaintiff took to the paper work for clues and had noticed discrepancies in amounts however has not sighted every transaction as this places the entire financial system untrustworthy.
More than $150,000 dollars is unaccounted for and non-reflective of payments statement 4th Nov to 6th Dec 2015.
NAB and CBA charges hidden as “transfer amounts” to hide interest & INTL charges.
Furthermore, lack of response to the plaintiffs request to send ALL transaction “time of payment” for cross referencing have been denied.
The plaintiff locked out of both bank accounts online to access information.
Cross referenced to NAB fraud statement raised in August 2015, the statements clearly indicate tampering with “transaction details column” different to that of the same statements from NAB submitted by the FOS.
In July 2015 whilst in rehab NAB refused to answer the plaintiff’s emails and without authority by the plaintiff spoke directly to the plaintiff’s mother. The mother of the plaintiff targeted as NAB focused on weaknesses to side track atrocities.
The NAB and CBA are overdrawing on internal limits. If, a cash advance is limited on a credit card. And a Casino payment online is therefore a cash advance, why did the bank fail?
According to (1) statement of the plaintiff being NAB 6th November 2015. The total cost profited from NAB is $6,935.38 is interest and charges. What charges? And what interest?
According to 30. NAB statement for the month shows over $150,000.00 of missing money? The plaintiff would like to know where it went?
The plaintiff also raises the issues around victims of suicide, and the coroner’s reports of Gambling via online and how unregulated Casinos are targeting Australians.
However, the plaintiff argues fact to Q29. Australia in total have interactive and general Casinos that are regulated as a whole. Total of 18 licenses Australian wide.
18 Licences that are surveyed nationally
18 licenses that are regulated
18 interactive and or locations set
The plaintiff would like to offer the services of an automated system that verifies the Casino licenses within Australia all 18 of them versus any other intrusion casino foreign or national that it raises an alert. Then the Financial institution can intervene and send the consumer by text or call that FACT the payment just processed is prohibited and will be automatically returned to the purchaser.
This problem doesn’t even exist overseas in LA California, being in Rehab, we conducted a test to go online and gamble. Well, the IP address was automated in that you could not get onto the network, period.
FACT: The financial burden on the banks to enforce the software is very minor, so far minor it’s plausibly hilarious versus the current state of no system, and an Australian life a day is dying due to suicide?
In September 2016, CBA upon the final relapse by the plaintiff avoided the crying concerns of an addict whom had surrendered every last dollar to the addiction, in order for the plaintiff to get back to Sydney from Melbourne safely, knowingly.
David Securities Pty Ltd V Commonwealth Bank of Australia, ANZ Banking Group Ltd V Westpac Banking, Bilbie V Lumley, Australian Coldstores Ltd V Electricity Trust of South Australia,
Kwai-Lian Liew Assistant Professor of Law, Bond University
Overseas Case law:
Providian National Bank V. Haines. In 1998, Supreme Court of California, Providian Bank sued Cynthia Haines, who had lost more than $70,000.00 gambling online with her credit cards. Haines responded to the lawsuit by countersuing the bank. She argued that the bank had engaged in unfair business practise practises and, in addition, had aided and abetted a crime gambling online was and is illegal in Haines home state of California.
|Quote Reply Posted: 25/February/2017 at 23:37|
I am not a legal person, but reading your manifesto suggest to me that you perhaps have a medical condition.
If you have not already done so perhaps an approach would be to see your doctor, and perhaps obtain a referral to a specialist with a view of obtaining a certificate as to your state of health, specifically your mental health.
I hasten to add that I am not a medical person either, but your statement here suggest that you are suffering from a condition not dissimilar to bi-polar.
It is not uncommon for people with that condition, and perhaps some other conditions, to go on wild spending sprees during the manic phase of the condition. My suggestion for medical examination was to verify this, such that armed with a certificate from the specialist you could approach a legal practitioner for assistance in recovering the monies lost during this lapse.
But as I explained I have no qualifications in either discipline, perhaps others here may be able to offer their insight, before you act.
|Quote Reply Posted: 26/February/2017 at 00:59|
Hey Citizen Joe,
I am not to sure if I should be offended.
And to be honest it does not bother me either way, than you for your advice.
If you are perfect minded, family man, kids, raised well, family in good health, no issues, did not suffer from 6 months of hospitalization at the age of 3 in hospital being treated by something you didn't have, only to end up in 3 coma's, diagnosed anorexic at 4, died for several minutes at a time. All at a young age mind you. Suffer from verbal abuse as a child, considered to be higher than other types of abuse, teased, yelled at, victimized in school, troubled at school.
Then for this to have a subjective profound affect that I am now "Aware" from only to share my story so that in hopes of helping others that are dying daily from suicide due to online gambling maybe bring some form of similar circumstance in hopes of making just a little bit of difference.
Then, to receive an email from a person such as yourself, who probably has lived an ordinary life (with all due respect) watch's TV News channel every day and reads the paper like a good Samaritan keeping up to date with trends and local issues, only to form opinionated responses such as these because you are simply part of the 70% of Australian population that is not aware and not familiar with mental health, addiction, awakening, ADHD or studies or recent studies that contribute to long term issues within adulthood.
See Joe, you may have known a person that had been recently diagnosed with cancer? Cancer is BAD and I would't wish it upon the worst of my enemies... Would you victimize or stigmatize a cancer patient?
No, I didn't think so... Why? because the problem with us Australians that we need top see with our eyes the issue, whether it is a broken arm or a suffering cancer patient. In acute rehabilitation, we are taught that we are no different to that of a cancer patient in terms of our mental suffering, this is because you can not see the mental issues that I have to partake in every minute, hour, day, week, year! I didn't choose this Joe.
With mental health you do not know what it is like to live in isolation and being misunderstood, suicide, depressed, anxious, scared weak etc.
In fact if your wife, husband, sister, brother, father, mother had a nervous break down, spent her fathers savings money behind her husbands back, sold her wedding ring, her car and everything she had owned to her addiction, we would turn around and say "What the hell" yes, I do not challenge you to this, its hard being the receiving end of an addict. However,they challenge a far worse mental disorder internally that most the time goes unnoticed.
Awareness is a major contributor as this could have a cataclysmic effect on another ADHD sufferer who 80% of the time do not show signs. These signs are self reflective in every each individual. However with the right care, love and confidence growing up these ADHD sufferers are amongst the philosophers, the seekers the doers of our time....
Its a shame you might n not see this point of view valid, however, being a living breathing example and walking away from death 6 or 8 times within my life thus far and being able to tell my story, you would think that I have lost a few marbles along the way?
I guess I am on your side with that one. Because I would be thinking the same also.
However, you are without doubt uneducated into this area, and to be completely honest its not your fault.
I mean gay people were tagged as "Mentally disordered" in the past, however they fought for there rights. You don't think being Gay is a mental disease/disorder, do you Joe? I didn't think so.
Well, fact of the matter is Joe, many people are suffering from ADHD. It may be worth giving you knowledge into this so you can be better informed before passing judgement.
I appreciate your comment and thanks for reading my case regardless of response, I am very grateful for it.
PS. I do see a psychologist. In rehab, they had me on 8 pills. second week I decided to stay clean of pills. My uncle is on 15 different types of medications, that have destroyed his life. My room mate in rehab was a 56 year old man to be taken off 38 medicinal prescription drugs because he can not function and these drugs have ruined his life also.
440,000 per year in the US die per year of Alcohol the biggest killer, Cannabis 0%) Cocaine ( most deaths relating gang type murders ) or a main stream drug problem than have a medicinal addiction subscribed by a psychiatric (physician) to not only suffer also.
My room mate whom I keep in touch with is still suffering from the sleeping problems, hallucinations etc, where a Heroin addict within 2 months-3 months is clean and can recover accordingly dependent on abuse that is. Best case scenario.
Trying to open your mind a little into the "Addict" world, which mind you, an addict is labeling I don't even like to be called this some others wouldn't agree. However, everyone is entitled to there opinion.
Rather, a case of misdiagnosis. Recovering survivor and now mental ambassador assisting kids, youth, adults in suicide prevention. Its a good feeling to know that your stories change others perspective to get them to question the circumstance of suicide and why these people are running away from a much deeper underlining issue so far engraved that may be due to a trauma or a misdiagnosis issue. And I am not going to elaborate diagnosis and issues. When you know yourself and can understand your mind. You have reached some form of acceptance of love. And learnt to love you again.
That is the biggest challenge I have had to do. Otherwise, I would not be typing away here. I would be dead.
My most valuable asset Joe, is my experience and to be grateful once again. Not for anything else, but to share my "TRUE STORIES" with others in hopes settling anothers daunting mental thoughts as "Crazy" or "Stupid".
Some people are simply to head strong Joe, other people are not so head strong. Being an empath its a hard life no doubt.
In summary, I am taking day by day. Understanding, learning about my self as much as I can.
Call me crazy, well, I have to say "What is normal?" Is there such a thing Joe?
You take care and thanks for keeping me busy on a Saturday night, truly.
Hope this information can make you think, and I didn't mean to offend anyone above and you Joe, if I have, then my apologies. With all due respect and utmost sincerity to all.
Addiction: "Pleasure Unwoven" ( Google the movie )
|Quote Reply Posted: 27/February/2017 at 22:23|
Thanks for the reply, I was hoping that someone with a legal background may have commented but alas so far not so.
My previous suggestion was to help you ascertain if you may have had some grounds to go after the financial institutions that advanced you money that you then proceeded to blow. It was a long shot because the financial institution have a defence, this could be as simple as saying, 'we did not make him use our money, we offer funds to many people and people understand that any advance they take has to be repaid with interest'.
My thoughts were that perhaps you could refute this with evidence that you suffered from a medical condition that impeded your understanding and that the lender should have made inquiries about this when they observed your spending patterns. It was a long shot. However you may have destroyed any chance of that method of approaching the case.
You now have the added difficulty of proving to a court that your condition also was the cause of you ceasing to take the medication prescribed for you by a doctor.
Had you taken the prescribed medication, perhaps you may not be in the situation you now find yourself.
Remember I am just a lay person, but I have had some experience with people who have had mental health problems and also some people who have used illicit substances, I also take 11 prescribed tablets per day that were prescribed for me by a doctor to handle my own medical conditions.
I guess my answer to you is not what you wish to hear, sorry about that, I hope someone schooled in the legal discipline pops in and offers a ray of hope, sorry but I can offer no more.
|Quote Reply Posted: 28/February/2017 at 00:02|
Hey Joe, Don't be sorry mate! I am very grateful for your response. Truly! I would also say, you are by no means a "Lay away" person. You have an opinion, and you are simply trying to help! I honor that. And with all due respect you have far more compassion, admiralty and character than anyone in the legal profession that I have ever known. ( Now I am not judging) because ) I may bite my tongue...
I know this may sound weird in the general public. However, I will give you a honest break down, hence why I spoke before about misdiagnosis;
1. Fact of the matter is I only gambled on drugs, evident with pre-gambling splurges at the nearest corner. However, Joe, the nearest corner pub is governed. "Harm preventives" in place. $1000 dollars cash max to take out. per day. I would have been financially ok still even if I had gone to Rehab and with the few relapses I have endured.My family intervened because they saw how I looked and how I was distant not answering the phone, constantly taking all sorts of drugs, mobile phone would be off etc..
2. My Mother and business partner pulled me up, I owned a Real Estate office. Imagine I had access to trust money? I wouldn't be talking to you now. I had a serious problem during my 20's, to now. During 2009 - 2013, I built a real estate company, with a business partner whom controlled finances for me. I flew like an eagle. Now, you may say, I might be acting like a child with money. Well, sorry, I have a "A serious" problem, here you go look! Then I can show within my statements a trail. Of ups and downs. Now, as I said, I never chose this! Gambling and drugs are one but the same. Its called cross - addiction. It happens because when I took drugs, I needed my center pleasure cortex known as your Neuro transmitters to be hitting a high constantly that would be typical of the average person to be normal. So, me on drugs was normal. Meaning the drugs were not doing anything hence why I took more and more of everything, hence why I needed that extra fix. Sounds really bad, but hey, its the truth. Another fascinating thing that I discovered, is what Meth-amphetamine actually did to me! It didn't turn me into some crazy guy that runs people over on the streets! No, it calmed me down. See, the problem with mis-diagnosis in our world is because the person only has to be honest with there body to know the issue and tell the doctor accordingly. Now, "meth" is bad, however the "amphetamine" is not. Having ADHD, and there are 3 categories of this nature, for the first time in my life I was able to concentrate, for the first time in my life I was able to study, read so much better do things I could have never have dreamed of! I learnt how to "code" "Binary" code, algorithms in SEO components of websites and the internet. Joe, I even built a few websites for guys in rehab and applied to UCLA Computer Science as a test of my ability, and little to no surprise I aced the entry exam, they wanted to enroll me, Joe, I had never passed anything as a kid or during school because of my ADHD ! Now, one would say this guy is "loony" and needs doctors attention asap. Joe, the funniest thing is, its all true. I don't have to prove it, I have the evidence to back it up. I always deeply hated Real Estate, and had an opportunity at 18 to persue my dreams in IT, but because I came from a strict Italian heritage I was governed by family. So, instead of making myself happy, I made everyone happy constantly. I got warn out Joe. I had enough. I sold my business to my old business partner whom considers me as one of the most smartest people he knows, just needed to be guided thats all. Yeah, you can say thats childish, but of course the mainstream dick is going to say that. Because, they live on a high horse and don't really know whats going on around them, and basically sit infront of a TV watching news and seems to judge everything around them. Sorry, but that aint me. One thing I learnt out of all this. Is I had to love myself and be HONEST to myself. I am even writing a book. I was constantly looking out of myself and never looking within. Joe, when I went to rehab at Betty Ford clinic one of the worlds renown rehabs, and I think I was the second Australian to be admitted, I was on 8 different types of medication the first week! I thought to myself?? Hold on! I came here sober, to get off drugs? My room mate is in rehab to get off prescription drugs taking 32 tablets a day, and he still can not function or sleep properly. I remember him saying " I use to be a rockstar guitarist and play in bands, and shoot up Heroin, and party for nights " American celebrity guitarist can't name names sorry" and he said he had wished that it was a main stream drug that he had been hooked on! because he wouldn't be suffering the withdrawel's he is now! 1-2 years later! So I, in essence put 2 and 2 together with my uncle being a depressant and schizophrenic and also on 15 tablets a day always telling me " Don't take depression pills, they destroyed my life" So the next meeting I had with the doctor I said, sorry, but I am going to do this clean! and try stay clean! without anymore drugs! It just didn't gel with me. Yes, I have had it tough, yes I have relapsed. Actually, in rehab you learn that its ok to relapse, just be aware more and more everytime. So you can live a life of freedom from all drugs. I haven't gambled. And I have simply been spending time with me. However, being ADHD, I have had to stabilze my "chemically imbalanced" frontel cortex, essentially I learnt everything about this crap! I know more than some of these specialists about it. Now, I am no Albert Einstein, however I do praise that man! Oh hold on, he was sent to a mental institution for his theory on relativity? Wow, he must of been crazy! Do you get me Joe? I am on Adearol and prescription drug they give kids at school suffering from attention disorders, however, truth be told, I was suffering all my life. It took street drugs to figure the bloody thing out!!
So, now I am calm. I can concentrate, I can focus...throughout my entire life, do you know how that feeling is trying to make up for all that time you were clouded and non responsive up there? Joe, it was like I opened a tunnel in my brain that I was able to reach new levels of knowledge. So, of course me not knowing at the time, I was taking all sorts of drugs with alcohol and playing in front of a bloody computer. Totally unconscious in what I was doing!!I was not only stuck between transition I was messed up emotionally. So I self sabotaged to seek attention from family. Not only realizing that it hurt me very much so in the process. I am not perfect Joe, I am simply a realist now, and whomever says they are "normal" well hey good luck to them, because if you tell me what normal is? then I would truly be interested in knowing?
Plato: "No one is more hated than he who speaks truth"
This is simply to the tee, my predicament. I am trying to speak truth, but being limited in doing so, and we have a so called justice system that is "truth" in essence? Where is this justice? where is the truth? You know, the lawyer/counsel that sited my claim, which is far more intensive than the one I posted here, he said, you definitely have a case. but one question for you. "there is no such thing as true justice" I was like what tha"? You are kidding me mate? And he is correct Joe. Not one lawyer in Sydney that I have sent my case to is willing to help me out? Why? because its above them. They are scared if they do not win, they will not get paid, fair enough. But, not even to reply? or say sorry, I can not help? then I looked further within the lawyers in Sydney, they all represent these shark banks!! No wonder our civil system is up to sh*t! Then it led me more into the governing laws! Joe, I went deep! real deep! I have a response to every question pretty much that would make someone think! And if I can make someone think different from a different angle, then I have achieved something. My concern, is for these sufferers The ones that are suffering inside. The ones whom get ear bashed, screamed at, told they are no good! and wasted talented people of our country the ones that are suppose to be praised and give love and light to this country so needing a shake up!
I went deeper, I think too deep. To where my "ego V emotion" was taking control. Hence why I may need legal advice and If I tackled in on my own, I would probably lose the fight now. I am not that stupid to take these banks to court if i know I am not going to win. And waste my time. I on the other hand have my ways. Its called using the system against the system. Like what the lawyer was saying to me " No such thing as true justice" he is exactly right! You can't be a patriot and stand by truth if no one is backing you true?
However, an army of people such as my self would be a bit too scary for the voices that be out there? wouldn't it?
Joe, love to keep typing away. But, I do enjoy the message chat! It helps me let some steam off!! Anything to distract my over thinking mind.
So don't be sorry champ! You are a genuine Aussie mate! The Australian essence that has left thing country! Now its crooked bankers, politicians, government, councils and limited freedom everywhere.
Sad. however, there will be an uprising. If not in my time, things will change regardless. If I can contribute then I can say hey, at least I gave it a good old aussie battlers try?
Night Joe! You keep it real mate.
|Quote Reply Posted: 28/February/2017 at 00:28|
Hey Joe, have a look at my website;
I am getting tremendous traction and I haven't even pushed the website as yet.
The few biggest questions for me to lawyers are;
1. Using facts not a story line.
2. Federal court may be a better option as essentially I can utilize foreign case law
3. Eliminate the drug and gambling aspect altogether and hit the banks with corporate error, as I have a statement that clearly shows a month of complete gambling, and I was that unaware that I had to look back and notice I have been conned by the banks computer or bank in excess of $150,000.00 in funds? So where did it go> then I can tackle the tackle the remaining issues that present them selves in the court room such as;
Ohhhh, your honor, btw these offshore "ADI's" Authorised deposit taking institutions are illegal? hmmmmm
Then so on and so on. The judges want to see fact V case law presented and relatively the persons situation. However, if I slam the magistrate with a load of nonsense "In there eyes" I will be criticized back to the same "Gambling issue" that has no relevance to my case that the Financial Ombudsman neglected to comment on my case law put forth and they simply would refer to that of; Kakavas V Crown case. Then I looked into the FOS strategic responses to all gambling issues. The above case. Narrow minded fools I thought to myself. Well, as that lawyer said to me. And I listened. You need to use facts, so I am not sending anything like what I have attached however, I assure you it will be nothing short of perfection if I am to make a dent. Even if I have to sit in front of the University teachers doctrine door until they pay attention, then I will just do that, I will become the most cancer causing, foul odor, masquito than the banks will have ever had... USING the SYSTEM. AGAINST the SYSTEM. Its the only theory I have, however, if you have a better angle, please share it! Joe, Ill post that statement up. So you can see it for your self on my comments page in my website.
Have a look at the front page 18 year old girl tragedy.
|Quote Reply Posted: 25/March/2017 at 19:10|
A lot there to try & get ones head around. Whilst I completely share your cynicism of this countries evil, treason riddled legal fraternity, (" It's often not relevent whether a party is 'right' or 'wrong' in law,most outcomes stem from which party was the more 'persuasive' in argument"
[cant remember name of the corrupt muppet whom actually spewed this verbal shart], but can personally attest to being physically present & affected & having received bogus judgments due to my "failure" to persuade the court of the relevance of opposing party & their legal reps. unlawful & criminal acts that not only were provable by documentary evidence footprint left, but were seemingly "accepted" as having occurred by presiding judge without as much as a feigned concern as to the pi**ing all over the Rule Of Law & administration of justice.
May I ask, what is your ideal result or ruling that you seek ? Your money back ?
|Quote Reply Posted: 27/March/2017 at 04:05|
Thanks for your comments, I totally get you. Yes, it seems that "Justice" and "Greed" have somewhat entwined. Recovering from comorbidity and reluctantly having to deal with rejection I have somewhat managed to find an expert Barrister ready to take on my case however complex it is. I recently was dismissed within the local court battling a bankruptcy default judgement, and the member turned around and commented after the he had scrapped any intentions to adjourn the matter so I could eek legal assistance that I have already been rejected from, basically said " I do have sincerely apologize for making this decision" and have sympathy for you. Now, I was forced to act alone and I submitted the motion to set aside judgement order and pay by installments incorrectly.
Sh*t happens, however, I am not fussed anymore. You can't fight a system that is so left field its a given. I have concurrently two new applications with the banks for duplicated payments as a friend within the financial sector and I spent a good week conducting an audit on my account.
These "crooks" I call them now, basically processed multiple payments of several transactions. And I even had evidence of this back then. These duplicated payments amount to around $300,000. Although its not all the money back, its enough for me to start my life again without having to fight anymore. This is of course if the banks reverse these payments. However, if they don't I face living in a shelter home within the next two weeks as I have had family confrontations over the fact they will not assist me with my Barrister to take on the banks in its entirely. Further noting that I have also been a victim of crime from verbal and physical abuse and also signing up to the STP program until I am able to see a specialist psychologist within the field of ADHD, trauma, despression and addiction. As this is the catalyst where all my issues started from, you can see this clearly evident within my bank statements since I was within my early 20's.
I have been attending to the counselling sessions at this program and I am on a waiting list to hopefully be assisted with some form of direction I suppose. However, I am very much tired and run down by all this, and moreso because I have been through a lot of issues, I am really wanting to this to stop suicide in the country that is a lot higher than any of these 2009 statistics given for online gambling suicides back then.
So yes, money for me would be ideal, however, if a family member or a person every day now is committing an act of suicide to death al because our government is hiding behind these corporate bodies and deflecing this huge issue in its entirely.
I am simply run down and had enough. I know this is what the system wants you to do, "Burn" out.!! and thats exacty what I feel at the moment, in addition having to deal with my symptoms. And to be honest to sign up to centre link, with all due respect that is and having to receive a first payment is heart wrenching enough to gather. As they say, take it day by day. So thats what I have been doing :)
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