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Home | Mtg Index |This Agenda | Item A | Item B | Item C | Item D | Minutes | Participation Records | Disclaimer | CopyrightPREMIER: GOVERNANCE OF NSW GOVERNANCE ICT BOARDNEED FOR ELECTRONIC NOTARY GOVERNANCE IN "DIGITAL ECONOMY"
A Philip GAETJENS (Chair), Secretary, The Treasury RESIGNED 07 APR 2015
B Blair COMLEY, Secretary, Department of Premier and Cabinet
C Dr Michele BRUNIGES, Secretary, Department of Education
and Communities
D Dr Mary FOLEY, Secretary, NSW Ministry of Health
E Mark PATERSON AO, Secretary, Department of Trade and SACKED 07 APR 2015
Investment, Regional Infrastructure and Services
F David STEWART, Secretary, Transport for NSW RESIGNED 16 FEB 2015
G Andrew CAPPIE-WOOD, Secretary, Department of Police and
Justice
H Michael COUTTS-TROTTER, Secretary, Department of Family
and Community Services
I Michael PRATT, Customer Service Commissioner, Chair of
the Service NSW Board
J Anthony WONG, Chair of the ICT Advisory Panel
Tue 09 Jun 2015 Recipient:6121YJa1
REF:AAEGF9Q1 Y/R: IM 15/01386
IN THE PUBLIC INTEREST FILE 10/004404
MATTER 15/000379
The Hon Gabrielle UPTON MP E:office@upton.minister.nsw.gov.au
Minister F:{61}(2)9339-5546
NSW ATTORNEY GENERAL M:{61}(0)
L19 52 Martin Plc St SYDNEY 2000 P:{61}(2)8574-6107
Dear Attorney General cc Members of Parliament
WHY DID COSTS ASSESSORS NOT QUESTION MISSING DEPOSIT & FALSE RECEIPT ?
Further to my email on Tue 26 May 2015 re Electronic Notary to resolve
Legal Cost Disputes to minimise Contract Disputes, I bring to your attention
why the Legal Costs Assessment process requires a complete review to provide
a "Safe and Just Legal System" for the Digital Economy
This costs dispute centres on whether a payment was made 2-years
ago when a client has 4 documents namely a cost assessment claim, a
receipt and 2 statements nearly 2 years apart from a legal firm that
state a payment of $ 2,112.91 was made on Thu 16 Apr 2013 but the deposit
$ 2,500 is missing from the Account Statements
However the Costs Assessor and Costs Assessment Review Panel have not
questioned:
1 why a Deposit of $ 2,500 paid 18 Apr 2013 was not recorded in the
monthly statements
2 why a false receipt $ 2,112.91 was issued on 16 May 2013
Both these accounting issues appear to be in breach of the s264 "Keeping
Trust Records" Legal Professions Act [LPA] 2004 and breach of Clause 61
"Receipting of Trust Money" Legal Professions Regulation [LPR] 2005 and
Clause 68 "Trust Accounts Receipts Cash Book" LPR 2005
Below is a letter to the NSW Manager, Costs Assessment requesting a meeting
to try to resolve the issue without resorting to an Appeal to the District
Court even though the Accounts Records appear to be in breach of the Rules
and Regulations for keeping accurate accounting records by legal firms
The current Costs Assessment process has major implications for Councils
Health and Education organisations
NEXT STEPS
As a new Attorney-General and the 1st woman to be appointed to that Role
you are in a position to change the Process and Culture of the NSW Legal
Profession as the NSW Government moves to the "Digital Economy" particularly
as the NSW Treasurer to lead NSW into embracing the Digial Economy is also a
woman
Yours sincerely
Stephen GOULD
Partner Electronic Information Interchange [EII] Projects
HALISA INTERNATIONAL NETWORK
B: PO Box 517 NEUTRAL BAY JUNCTION 2089
E: HIN.1a2pepa1@gmail.com
M: {61}(0)416-009-468
Att
A TEDIS-Legal Workshop-Electronic NotaryCARLINE DUFFY HAS AGREED TO ALLOW THIS TO BE PUBLISHED IN THE PUBLIC INTEREST
Fri 05 Jun 2015 Recipient:6123mca1
REF:ACAGF5R1 Y/R: 2013/00219115
CW:rt:2015/057
IN THE PUBLIC INTEREST TO ENSURE THENSW DEPARTMENT OF JUSTICE PROVIDES "A JUST & SAFE SOCIETY"
Jennifer HEDGE E:CostsAssessment@courts.nsw.gov.au
Manager, Costs Assessment [MCA] F: {61}(2)
SUPREME COURT NSW M:{61}(0)
184 Phillip St SYDNEY 2000 P: {61}(2)1300-679-272
Dear Manager cc Jenny LEONG MP & Anthony ALBANESE Fed MP
Clive MILLS & Costs Assessment Review Panel
REQUEST MEETING BEFORE LODGEMENT OF APPEAL ON LAW ISSUES
Further to my letter 22 May 2015 I write to request a meeting to try to
seek a resolution before I lodge my Appeal on Thu 11 Jun 2015
On my understanding of the Appeal Process paper received 15 May 2015,
the Appeal has to be on a Question of Law to the District Court either
under s384 Legal Professions Act [LPA] 2004 or s385 LPA 2004
The Appeal of the Costs Panel Review Reasons to support the Decision of
Costs Assessor Gordon SALIER AM on 23 Dec 2014, will be based on breaches
of s264 "Keeping Trust Records" LPA 2004 and breaches of Clause 61
"Receipting of Trust Money" Legal Professions Regulation [LPR] 2005 and
Clause 68 "Trust Accounts Receipts Cash Book" LPR
The Alleged Breaches are:
A On 18 Apr 2013 the Costs Applicant issued a Trust Account Receipt
324 for $ 2,500 {Att A}
This receipt number and amount has not appeared on any of themonthly Statement of Accounts issued by Clive Mills and was notlisted as payment in his Costs Assessment Application 18 Jul 2013
B On the 16 May 2013 the Costs Applicant issued an Office
Account Receipt 12753 $ 2,112.91 {Att B}
This amount $ 2,112.91 appears as a Payment on 3 documents
issued by Clive Mills & Associates.
These 3 documents are:
1 Statement of Account dated 28 Jun 2013 {Att C}
2 Cost Application Claim dated 18 Jul 2013 {Att D}
3 Statement of Account dated 20 Mar 2015 {Att E}
As both the Costs Assessor and the Costs Review Panel state
that the $ 2,112.91 was never paid the questions that have
to be asked are:
1 Why did Clive Mills & Associates issue receipt 12753 for
$ 2,112.91 on 16 May 2015 ?
2 Why did the amount $ 2,112.91 appear as paid on 2 separate
Statement of Accounts dated 28 Jun 2013 and 20 Mar 2015?
3 Why was the amount $ 2,112.91 listed as paid in the Cost
Assessment Application lodged by Clive Mills on 18 Jul 2013 ?
4 Why have none of the Costs Assessors commented on why the
$ 2,500 Deposit was not on a monthly Statement of Account
or why the $ 2,112.91 Receipt no 12753 was issued ?
NEXT STEPS
Further to your email 11:07:58 Thu 07 May 2015 re meeting to
discuss the issues, I would like to meet with you at 14:00
Tue 09 Jun 2015 or Wed 10 Jun 2015 to discuss this matter with you
I would much prefer you to mediate on this issue as I understand
from the Costs Guidebook you can refer the matter to Mediation if
the Costs Disputed are below $ 10,000
All I seek is the return of all my monies paid to Clive MILLS
although I believe his costs $ 9,962.20 for legal work from
19 Apr 2013 to 17 May 2013 are excessive, I would prefer not
to Appeal to the District Court
Yours sincerely
Carline DUFFY
Mother, Carer and Tutor of Tasman Herbert DUFFY Plaintiff
20:30 U 2015/06/07 612049
Att DOCUMENT DATE
A Trust Account Receipt 324 $ 2,500.00 18 Apr 2013
B Office Account Receipt 12753 $ 2,112.91 16 May 2013
C Statement of Account dated 28 Jun 2013
D costs assessment application by Clive MILLS 18 Jul 2013
E Statement of Account dated 20 Mar 2015
F Trust Account Receipt 331 $ 2,647.59 10 May 2013
G 5 Invoices 2/3 Receipts $ 2,691.70 or $ 4,804.61 owed ? 01 May 2015
H Ltr Costs Panel $ 2.500 missing off Statement 26 Mar 2015
>
>AutoReply: Mgr Cst Ast-Tk u Cost Review question business practice before Appeal
>costsassessment@courts.nsw.gov.au
>
>Add to contacts 25/05/2015 Flag this message
>To: Carline Duffy
>costsassessment@courts.nsw.gov.au
>
>Thank you for your email enquiry sent to the Supreme Court of New South
>Wales. This message confirms that your enquiry has been received and that
>it will be attended to by no later than the next 3 working days. If you
>have alerted us to an imminent listing date or other deadline, we will
>address your enquiry with appropriate urgency.
>
>Department of Justice - Promoting a Just and Safe Society.
>
Fri 22 May 2015 Recipient:6123mca1
REF:ACAGEMN1 Y/R: 2013/00219115
CW:rt:2015/057
IN THE PUBLIC INTEREST TO ASSIST THENSW DEPARTMENT OF JUSTICE TO PROVIDE A JUST & SAFE SOCIETY
Jennifer HEDGE E:CostsAssessment@courts.nsw.gov.au
Manager, Costs Assessment F: {61}(2)
SUPREME COURT NSW M:{61}(0)
184 Phillip St SYDNEY 2000 P: {61}(2)1300-679-272
Dear Manager cc Jenny LEONG MP & Anthony ALBANESE Fed MP
Clive MILLS & Costs Assessment Review Panel
DECEPTIVE BUSINESS PRACTICES REQUIRE FURTHER INVESTIGATION
Thank you for the Costs Review Panel Assessment received Fri 15 May
2015 which upheld the Costs Assessment of Gordon SALIER AM
The total documents received were 16 pages comprising:
DOCUMENT DATE PAGES
A Your letter 14 May 2015 1
B Form 11 from Costs Review Panel 14 Apr 2015 1
C Form 9 Certificate Determination 14 Apr 2015 1
D Costs Review Reasons 14 Apr 2015 9
E Schedule A: General Approach to review 3
F Appeal process 1
It is extremely concerning that a key document dated Thu 26 Mar 2015
and emailed Fri 27 Mar 2015 was NOT included in the Documents listed
on P2 par 2 "Documents received"
Paragraph 2.9 on P2 Documents Received of D: Costs Review Reasons states:
"The Panel did not receive any further material from Ms DUFFY in response
to the panel's letter of 20 Mar 2015"
{Att A - p2 Costs Review Reasons - Documents received}
I wrote to the Panel on Thu 26 Mar 2015 and emailed the document on Fri 27
Mar 2015 pointing out the new material (a Statement) provided by Clive MILLS
on Mon 25 Mar 2015 provided additional evidence that $ 2,500.00 paid on
18 Apr 2013 was not on the statement however $ 2,112.91 is listed as Paid !
{Att B - Statement showing $ 2,112.91 paid but $ 2,500 deposit missing}
In addition I provided to the Costs Review Panel 3 documents from Clive MILLS
which state that I paid $ 2,112.91 on 16 May 2013
Those documents are:
C The Receipt 12753 from Clive MILLS dated 16 May 2013
D The Statement from Clive MILLS dated 28 Jun 2013 which shows $ 2,112.91
paid but does not include $ 2,500 deposit paid on 18 Apr 2013
E The costs assessment application by Clive MILLS 23 Jul 2013
The p7 Review Panel report of Mr STERN and Mr WALL confirm there was a Deposit
$ 2,500 paid which was never mentioned in the Report dated 23 Dec 2014 by the
1st Costs Assessor Mr SALIER AM
However Mr STERN & Mr WALL do not question why Mr MILLS Accounting Records do
not record that $ 2,500 in 2013 & 2015 Statements or ask why he repeatedly
stated $ 2,112.91 was paid in Receipts and Statements
NEXT STEPS
The reason I have to draw this to the Attention of my MPs is that the
Attorney General may be emailing "Promoting a Just & Safe Society"
but it has been the opposite in my experience !
I will seek a management consultant's or accountant report on these deceptive
business practices before I lodge an appeal
Yours sincerely
Carline DUFFY
Mother, Carer and Tutor of xxxxxxx Plaintiff
20:30 U 2015/05/24 612049
Att DOCUMENT DATE
A1 p2 Costs Reasons - Documents reviewed 2015 May 14
missing my letter dated 26 Mar 2015
A2 p5 s7 Costs Reasons - Fresh Material Deposit $ 2,500 2015 May 14
B1 Ltr Cost Panel Notice $ 2,500 missing off Statement 2015 Mar 26
B2 Statement 2 yrs later $ 2,112.91 paid yet no deposit 2015 Mar 203 OTHER DOCUMENTS CONFIRMING $ 2,112.91 PAID ON 16 MAY 2013
C Receipt 12753 from Clive MILLS 2013 May 16
D The Statement from Clive MILLS 2013 Jun 28
E The costs assessment application by Clive MILLS 2013 Jul 181 EMAIL FROM BRAD HAZZARDS NEW OFFICE
>Public Hazzard's Office Email "Office@hazzard.minister.nsw.gov.au"
>
>to: Upton_Office_Email "Office@upton.minister.nsw.gov.au"
>
>cc: "trustee.thd@gmail.com"
>
>date: 20 April 2015 at 14:25
>subject: FW: Mr Secretary for Justice - On 06 Jun 2013 a Complaint lodged about PN SC Eq 7
>
>
>Dear Mr Gould
>
>Thank you for your recent correspondence to the office of The Hon Brad Hazzard,
>Minister for Family and Community Services and Minister for Social Housing.
>
>The matters raised do not fall under the portfolio responsibility of the Minister
>for Family & Community Services and Minister for Social Housing.
>
>We have forwarded your correspondence to the Hon Gabrielle Upton, Attorney General.
>
2 F 2015-04-16 EMAIL TO DAVID CLARKE AT NSW ATTORNEY GENERAL
Fri 16 Apr 2015 Recipient:6121YJb1
REF:AALGDGR1 Y/R: IM 15/01386
FILE 10/004404
MATTER 15/000379
The Hon David CLARKE MLC E:office@hazzard.minister.nsw.gov.au
Parliamentary Secretary for Justice F:{61}(2)9339-5506
OFFICE OF THE HON BRAD HAZZARD MP M:{61}(0)
L19 52 Martin Plc St SYDNEY 2000 P:{61}(2)8574-6000
Dear Parliamentary Secretary cc Members of Parliament
COMPLAINT ABOUT PN SC EQ 7 LODGED ON 06 JUN 2013 !
Please find attached a copy of your letter to Carmel TEBBUTT MP dated Thu
05 Mar 2015 and forwarded to me by her Office on Thu 19 Mar 2015 {Att A}
I have delayed responding to the letter pending the outcome of the NSW Election
held on Sat 28 Mar 2015
As you are aware Ms TEBBUTT did not contest the new seat of Newtown hence I am
copying in the new Member for Newtown
Your letter refers to Practice Note [PN] Supreme Court [SC] Equity [Eq] 7
On 06 Jun 2013 xxxxxxxx wrote to Carmel TEBBUTT MP about the changes to PN SC Eq 7
-15 May 2009 - 4 pages which had occurred since the matter started on 27 Apr 2012 {Att B}
xxxxxxx specifically recorded that Case Governance issues such as the 4 week deadline
to respond to Family Provisions Claims [FPC] had been removed from the newer version
of PN SC Eq 7-12 Feb 2013 - 7 pages
xxxxxxx did not receive a reply to that letter hence I would now ask you to address
the matter
Furthermore the Court did not uphold any of xxxxxxx’s complaints about how the
Lawyer Mr xxxxxx, acting for the Widow in an Intestate Estate, behaved in Court and
delayed filing an Application to be Administrator for 20-months even though Legislation
only allows 12-months to file a FPC Claim and the Lawyer had received a “Reprimand for
Delay” in 2007 from the Legal Services Commissioner {Att C}
NEXT STEPS
I look forward to your response to xxxxxxxx’s letter for the NSW Attorney General
dated 06 Jun 2013 about PN SC Eq 7 about the Court not complying with and enforcing
PN SC Eq 7 that was in force when she lodged her Family Provisions Claim
Yours sincerely Att A 2015-03-5 Your letter re PN SC Eq 7
B 2013-06-06 xxxxxx complaint about PN SC Eq 7
C 2007-09-24 LSC xxxxxxx Reprimand for Delay
D PN SC Eq 7 15 May 2009 - 4 pages
E PN SC Eq 7-12 Feb 2013 - 7 pages
Stephen GOULD
Trustee
xxxxxxxxx Special Disability Trust
B: PO Box 517 NEUTRAL BAY JUNCTION 2089
E: Trustee
M: {61}(0)416-009-468
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