Anderson v Westpac

91 year old takes out half-page ad in The Age calling out the Labor Party’s hypocrisy. He has nothing to gain. This “boy from the bush” has a true hero’s heart. Bless him.

Update on Ray White Benalla unconscionable conduct claim:

This morning, Judge Taglieri made orders that my proposed Amended Statement of Claim be filed and served within 28 days.

I am not constrained by page limits and can go into comprehensive detail for each unconscionable act committed by RWB’s agents over the past 3.5 years.

In it I will prove the three elements of unconscionable conduct - 1. disadvantage (by bad faith contract), 2. taking advantage of that disadvantage, and 3. unfair, unjust and unreasonable treatment, drilling down into the misleading and deceptive conduct, harassment, undue pressure etc. I’m seeing a lawyer next week.

It will then go to a hearing in Melbourne commencing on 29/4/2024. (All welcome, I’ll post details closer to the time).

The defended hearing (of either the original or amended SOC) is scheduled for 3 days commencing 7/8/24, with affidavits and submissions filed and served no later than 7 days beforehand. (No more surprise affidavits like the one sprung on me last night).

Mediation was vacated at my request, as were orders we confer verbally (and not by email), after RWB’s Counsel John Hibble, proved both were futile by disingenuously misrepresenting the facts in an email sent to me last week, nicely proving my point they are incapable of acting in good faith.

It’s a relief to finally get a time-table. I won’t be engaging with them from now beyond what is required to comply with time-tabled orders, thus saving my sanity.

Kudos to follower Kon Koutoumanos and the Singhs for taking on the Cohens. See the link below for Kon and Kelly’s story. Eerily similar to mine - Cohen, VCAT, Tisher Liner, fraud … has to be more than a coincidence.

I wish I’d done the same with Jonathan Cohen when he defrauded me with VCAT’s help the first time, then he couldn’t have defrauded me with Westpac’s help the second.

I could so easily do it through the courts now but didn’t have the skills then, and neither apparently did the ridiculously expensive lawyers at Tisher Liner FC Law, or Arnold Bloch Leibler, or HWL Ebsworths, or Victoria Police after I reported it.

Seeking help turned me into an enemy of the State, and it’s been violation, after violation, after violation, after violation, after violation, after violation, after violation, after violation, after violation ever since. (I may have missed a couple).

Let’s see how that works out for them.

https://thereviewpanel.com/tearooms1892/custodian-of-hopetoun-tea-rooms/

(Source: The Age)

Weekly update of my ‘excellent’ life in ‘ethical’ Victoria ….

We’re still waiting for VCAT’s decision after the re-hearing of the application for possession I successfully overturned on appeal in the Supreme Court. It took less than ten minutes to make the decision the first time; it’s now almost two weeks. Just goes to show how decisions are easy when you only admit one party’s evidence.

VCAT is still stalling on my claims, including for urgent repairs.

The next hearing of my action against Ray White Benalla in the Federal Circuit Court has been brought forward to this Wed, 31/1/24. So far there’s been no response to the Notice to Admit below. They only have until this Friday or it will be taken as an admission. They can’t BS their way out of this one and VCAT can’t help them.

There’s something wrong when it’s easier to get a hearing in the Federal Circuit Court than it is to get an urgent repairs hearing in VCAT. It’s pretty obvious they’re stalling while they figure out how to evict me to save their own reputations. Thankfully courts are bound by the Rule of Law (not that the Magistrates' Court understands that). The Tribunal is now in such a mess as it isn’t bound by the same rules of evidence, so it’s become a free for all for irresponsible behaviour and malevolent power abuse.

I’ve redacted the address in the Notice as there’s been a suspicious car hanging around, mainly in the middle of the night, and today I managed to get a rego of a similar white car hanging around outside the property. I emailed Benalla Police to ask if it was one of their officers (a police car was seen doing the same thing some months ago).

I was told by Sergeant Gavin Duncan it wasn’t but that I should call 000 as “Victoria Police are committed to the protection of all members of the community. We will continue to respond to all calls for assistance “by acting impartially, with integrity and by providing service excellence to everyone (Victoria Police Code of Ethics).”

My response is below. Photo's are in the comments.

—————

From: Lena Anderson
Sent: Saturday, January 27, 2024 6:17 pm
To: Duncan, Gavin ; BENALLA-UNI-OIC
Cc: PSC-POLICE CONDUCT UNIT [COMPLAINTS AND COMPLIMENTS]
Subject: Re: Suspicious surveillance / police intimidation

Thank you. However, like so many others, I do not trust Victoria Police, and with very good reason which will become apparent in time.

The last time I called 000 in 2014 I ended up with a police charge against me, was followed by police in my car and on foot, received repeated calls from different police mobile numbers and had them menacing me at my home after I pleaded not guilty. It was set aside on appeal after the Informant refused to testify, having perjured himself at the trial to get the conviction. These were the same police officers I had earlier lodged a complaint against for refusing to investigate a fraud and property damage complaint. Ethical Standards did nothing.

So, given I’m going through what seems to be a direct repeat of that now, I’m not convinced by your “ethics” or “excellence” claims.

This time I’m bringing a civil suit. That should put an end it.

Regards
Lena Anderson

Update on police intimidation case :

A/Sergeant Patrick Murray called today to try to again delay the hearing into the malicious criminal charge Benalla Police brought following my complaint into their handling of the false allegations made by my former employer (documented in previous posts).

He said that as there was an appeal into the (equally malicious) intervention orders scheduled for hearing on 10/4/24, the criminal charge should be heard after as it may be moot.

Previously the Prosecutor, (who keeps changing), insisted the criminal charge should be heard first and that the proceedings were separate.

Obviously I refused as, given the Magistrates’ Courts history, this will undoubtedly also have to go to appeal. It’s already gone on for over 18 months while they keep stalling, so I’ll write to Chief Magistrate, Lisa Hannan, (who I found very impressive when she worked in the County Court) to ensure it goes ahead as scheduled in the Shepparton Magistrates’ Court on 28/2/2024.

These officers deserve the humiliation of having to bring their ridiculous, trivial charge to a public hearing. The police resources that have already been wasted on this is mind-boggling. It’s no surprise the charge came around the same time the dispute with the ex-detective landlord started.

Copying someone on an email to a court about proceedings when they don’t have a lawyers is not a crime, it’s administration.

False allegations, perjury, intimidation, malicious prosecution, discrimination - these are the real crimes here.

Notice to Admit:

I have today issued a Notice to Admit to Ray White Benalla for the unconscionable conduct proceedings I've brought against them in the Federal Circuit Court. They have 14 days to deny the undeniable facts below or they will be taken as having admitted to them. The next hearing is on 14/2/24.

1. That in June 2020, Morgan Crest Pty Ltd., trading as Ray White Benalla (RWB), leased the property at Victoria on behalf of David Sharpe to Lena Anderson without informing her the property did not comply with Division 5A of the Residential Tenancies Act 1997 (RTA).

2. That in June 2021, RWB re-leased the property to Ms Anderson when it did not comply with the Minimum Rental Standards introduced in March 2021.

3. That in November 2021, RWB issued an invalid Notice to Vacate a week after Ms Anderson raised complaints.

4. That in September 2022, RWB increased the rent without the consent of Ms Anderson when the property was still in non-compliance of Division 5A of the RTA as described in 1 and 2 above.

5. That in September 2022, RWB failed to complete urgent repairs within the fourteen (14) days required by the RTA.

6. That on 28 November 2023, RWB sought orders at a hearing in the Victorian Civil & Administrative Tribunal (VCAT) to summarily evict Ms Anderson.

7. That on 9 January 2024, RWB again sought orders in VCAT to summarily evict Ms Anderson.

8. That RWB failed to conduct electrical and gas safety checks on the property as required under the RTA.

9. That RWB failed to treat the mould in the property reported in August 2022 as required under the RTA.

"Read all about it!" VCAT submissions link provided below.

We had the final hearing of the long-running saga of my eviction on Monday 15/1 and are waiting for DP Warren's findings as I understandably requested written Reasons. I had to email VCAT to check the recording as there seemed to be some tampering going on, beeps like it was being turned on and off. I haven't had a response as yet.

There has been so much skulduggery getting to here I have every expectation it will have to go back to another appeal in the Supreme Court, but this time I have the evidence I was prevented from presenting last year; I mean how could they refuse again?

Member Campbell made his decision after a nine-minute hearing late one Friday afternoon. With my evidence, the hearings before DP Warren ran over two full days split into three - 28/11/23, 9/1/24 and 15/1/24.

My final submission on 15/1/24 summarizes the case (see link).

For orders to be made against me, DP Warren would have to find that the rental provider is entitled to be paid full rent despite breaching his obligations under the Residential Tenancies Act re: maintenance, repairs, safety (including electricity and mould, locks etc), - and increase it! - while also finding that I am not entitled to be compensated for these breaches despite the provision under the Act, and that this is reasonable, proportionate, fair, natural justice.

It would never stand up in court.

R2023_6067 Shared with Dropbox

Jewish lawyers? Definitely not a fan.

In my considerable experience they make promises, take your money, do nothing, and then gang with the other side when you complain …. Or pretend to act for you while acting for the other side …. Or openly act for the other side and send Westpac a dodgy invoice to pay their client’s fees out of your mortgage account. That’s literally all it takes. Try to stop this and you’ll pay a much higher price. All this happened to me.

I’m glad their back-room BS is finally being exposed. They’re everywhere, in our tribunals, courts and regulating authorities, manipulating the system for their ‘we own the world’ ends.

The ABC has just proved how easily they can flip even the most so-called “independent” of our publicly-funded institutions. Victoria Police flip the quickest.

I know this only too well. The court judgments in my several cases speak for themselves - one-sided, slanderous, and devoid of logical reasoning. Conclusions not supported by evidence, evidence not included in conclusions; that’s their jam. How those judges can look themselves in the mirror ….

It’s only a matter of time before the tables are overturned in their sick temple of twisted power.

That’s the risk you take when you go too far.

Bombshell twist after ABC radio host was suddenly dumped from airwaves Secret WhatsApp messages from an Australian group Lawyers for Israel have revealed how they bombarded ABC chairman Ita Buttrose with emails over Antoinette Lattouf's appointment.

Toilet-gate: Ray White Benalla plumbs new lows to try to evict me …. the used toilet paper evidence -

Following on from posts on Monday, the copy of email below explains how the images provided to the VCAT hearing on Tuesday were presented to look like before and after shots to double the amount of toilet paper pulled out of the blocked toilet system - 1. toilet paper pulled out by hand, 2 & 3 big expensive machine brought in, and 4. more toilet paper pulled out.

Problem was the before and after photos were taken at the same time, before the big expensive machine was brought in. After taking real photos 1 and 2, the plumber should have just come inside and flushed the toilet to see if it was cleared, and the big expensive machine would not have been needed.

I am beyond disgusted and infuriated that I was reduced to having to produce photos of my used toilet paper to defend myself at a Tribunal hearing.

That’s one that will not die down easily, if ever.

——-
From: Lena Anderson
Sent: Thursday, January 11, 2024 11:30 am
To: Jordan Willcock
Cc: Sharni Symes ; [email protected] ; Marini Mann ; James Kyrios
Subject: Misleading evidence


Ms Willcock,

I refer to the photos you provided to support your allegation to the Tribunal that I had deliberately blocked the toilet on New Years Eve.

I note that the photos are not presented in the order they were taken. The last image was taken first, the first image second, the fourth image next and the second image last.

This is a clear attempt to mislead the Tribunal, and will be provided as evidence in the Federal Circuit Court claim.

Ray White Benalla will go down in the renting world as having plumbed a new low for forcing me to present images of my used toilet paper to a Tribunal hearing in order to defend myself from your plumber's outrageous allegations.

I will provide a statement from an independent plumber to the court.

Lena Anderson

From: Jordan Willcock
Sent: Monday, January 8, 2024 6:02 pm
To: Lena Anderson
Cc: Leann Birch ; Sharni Symes ; [email protected] ; [email protected]
Subject: Re: R2023/6067 Summary of Proofs & Additional Evidence for Hearing 09/01/2024

Please find attached photos taken by Mr Rhodes.

We strongly deny the allegations put forward in your email. They are completely false and have no substance.

On Mon, 8 Jan 2024 at 16:29, Lena Anderson wrote:

Ms Willcock,

I have spoken to a lawyer who has said that as has Mr Rhodes had suspicions when he cleared the blockage, he must have taken photos for his report to you.

Please produce this photographic evidence to support this statement.

I suggest he is seeking to justify the cost of bringing a huge piece of equipment in, rather than waiting to see if the blockage had been cleared by hand, and that you put him up to making this false statement with the intention of misleading the Tribunal at tomorrow's hearing.

Lena Anderson

From: Jordan Willcock
Sent: Monday, January 8, 2024 9:23:18 AM
To: [email protected]
Cc: Leann Birch ; Sharni Symes ; Lena Anderson
Subject: Re: R2023/6067 Summary of Proofs & Additional Evidence for Hearing 09/01/2024

Good Morning,

VCAT R2023/6067 Hearing 9th January 2024

Please find attached further evidence (pages 118-122) of the additional evidence - we understand that these documents are being submitted after the deadline, and may not be admissible to the hearing however would appreciate it if they are considered.

We have also re-submitted the whole document with the additional pages added to refer to in the hearing if accepted.

Kind regards,

On Tue, 2 Jan 2024 at 16:42, Jordan Willcock wrote:
To Whom It May Concern,

Please find attached the following documentation for the VCAT Hearing R2023/6067 scheduled for 9th January 2024:

- Original Summary of Proofs submitted 10/11/2023 - with an updated Summary of Proofs cover page and rental ledger as of today, 2/01/2024
- Additional Evidence to be used in the hearing

Kind regards,

--

Jordan Willcock
Operations & Accounts | Ray White Benalla
M 0418 911 313 T (03) 5762 2266
Wwww.raywhitebenalla.com.au
A22 Bridge Street East, Benalla VIC 3672

The call must have gone out on The Stupid Web to hack this page. Had a flurry of these and similar emails in the last day after none for many months. What do you think they’re offering … $50 gift card?

The excruciatingly slow path to justice In VCAT….

Today was the second day of hearing evidence for the orders for possession that I successfully appealed in the Supreme Court. Unfortunately the case is always returned to VCAT to give them a second go at getting it right …. and renters have no choice but to go through this torturous process. Tax-payers footed the bill for the landlord’s $16K legal fees through a Supreme Court fund because it was a VCAT stuff-up. Naturally I just had to wear the cost for my time and trouble.

We still didn’t get done today and have to resume next Monday, which will be the 20th hearing in the last year, and ends us back where we started but carrying a huge loss and with four new proceedings to deal with.

What was established today was that I’ve been living in a mouldy, electrically unsafe property that hasn’t met minimum rental standards for the past 3.5 years, courtesy of tradesmen reports that took two urgent repairs applications to VCAT to finally obtain. That was a mother of a fight.

The landlord and his agents at Ray White Benalla do nothing without VCAT orders, and then breach them if they don’t suit them. In fact, Jordan Willcock said she will only hand over the electrical and gas safety certificates if VCAT orders her to, and getting a hearing is almost impossible for renters.

It’s literally an exact repeat of what I went through as an owners’ corporation member twelve years ago trying to get access to owners corporation records I was legally entitled to by law. Fighting me was how lawyer Jonathan Cohen (who hadn’t been engaged by the OC) ended up with the legal fees that resulted in the Westpac mortgage fraud described on this page. This obvious scam was all thanks to his mates in VCAT, particularly Anthony Jacobs, the Principal Registrar.

It is deja vu … but this time I’m ready.

I have zero confidence in the Tribunal which has proved itself to be completely blind to the rights of renters (or human garbage) beyond the very basic, and is responsible for the gargantuan mess this dispute has now become, ending up in six separate applications all relying on the very same evidence, but at least Deputy President Warren allowed me to present my evidence so I can better appeal to the Supreme Court. That was another mother of a fight.

It’s clear we urgently need a SC precedent to establish the true rights of renters in situations where the owner and agents wilfully and maliciously disregard their obligations, and our rights, under law.

Are we truly liable for the full increased rent for a property that doesn’t comply with the lease agreement or the RTA? Is mouldy, unsafe and doesn’t meet minimum rental standards?

VCAT will say yes (all but guaranteed because saying no would mean accepting responsibility and that will never happen).

I, (and the rest of the world), say no.

Let’s see who the Supreme Court decides is right.

Just proves renters need the equivalent of a law degree and a minimum of two years to get through VCAT - “the people’s Tribunal delivering efficient dispute resolution to Victorians”. It’s a sick joke.

Not happy Jan.

Antisemitism? Or justified distrust?

This is the question I've been wrangling with for much of the decade since lawyer Jonathan Cohen helped himself to my Westpac mortgage account in 2014.

Initially I didn't think much about his Jewishness, but when lawyers from Tisher Liner FC Law then sued me for double the agreed fees for having stuffed up the appeal which directly led to that mortgage fraud, (they got triple), a bad taste against Jews began to develop in my mouth. Not long after followed Arnold Bloch Leibler’s betrayal after an obvious collusion with Cohen (evidence for which is in my upcoming book), and I began to wonder if that was the answer to my question "what makes people behave like this?". I had believed I was in good solid hands with ABL, having been personally referred by Julian Burnside AO KC. Delusions of ‘trust’ and ‘integrity’ were quickly washed away, and only one question remained.

What do they all have in common?

The answer: they were lawyers and they were Jewish.

Is that what was behind their ‘entitlement’ mindset, I asked myself.

I did plenty of research on this for my book trying to figure it out. I couldn’t avoid confronting the issue even if it paints me in a racist light. If I’m racist, I have to be totally honest about it. That’s the deal.

Was the double-standard Jewish law that forbade Jews from charging interest to other Jews, while Gentiles were fair game, behind the double standards in the way law is practiced today? Why are Jewish interests entitled to obliterate the human rights of everyone else? And why does the First World back them? How do the Jews have so much influence over the free world?

Parallels were inevitably drawn.

How did Cohen have so much influence over other lawyers, insurers, the judiciary, police, journalists – all those we rely on in Australia to act independently and in the interest of the common good?

I watch the annihilation of Palestinian homes and killing of innocent men, women and children, and the dagger lodged in my own heart when Tisher Liner tried to auction off my home over a dodgy $5K order secured from a hostile judge in the Supreme Court Costs Court, twists back and forth. I know the excruciating emotional pain I feel can only be felt by those with loving hearts and just minds.

I know how much damage this entitlement mindset has caused in my own little life, and watch in horror at the death and destruction it’s causing to the lives of the Palestinians in Gaza. And this is what’s given me the courage to finally write about it. This, and Christmas.

Do I now hate Jews? No. I only have to remember how affected I was as a 17-year-old watching The Holocaust - and how I had nightmares for months afterwards - to assure myself I don’t hold anti-Jewish sentiment. To this day I can’t watch documentaries on WWII as I become infuriated by the footage of starving Jews stripped of all their dignity and possessions.

Which makes me ask, isn’t that exactly what they’re now doing to the Palestinians?

When you look at the creeping occupation maps of Israel in Gaza, they look an awful lot like a smaller version of the occupation maps of N**i Germany in WWII. Do I hate all Germans as a result? No.

I know this war is complex, but I also know what it’s like to be pushed against the wall to the point you’d do almost anything. Protecting your home is a natural human instinct, and I certainly tried. While I failed as Cohen’s influence was just too damaging, I’m fortunate in that I have alternatives. I plan to retire to either New Zealand, Sweden or Finland as I have those options. I certainly won’t be living out the rest of my days in Australia, a country I will never trust. I would rather be dead. The Palestinians only options are tent cities in some dusty dessert.

I have worked with many Jews, particularly in the medical field, and would trust them with my life in a heartbeat, but I decided I will never again engage a Jewish lawyer or do other business which includes contractual obligations with them.

So thankfully my mind is no longer split, and me, myself and I, no longer at war. The battle between my higher self telling me to forgive, the lower ego me screaming Never! and the I stuck in the middle who just thinks they’re all t***s and need to grow up, is finally over, and I feel peace knowing I’m not antisemitic, but justifiably distrustful.

It makes perfect sense that this little Christmas miracle happened for me on Boxing Day. I’m a bone-fide featherweight champion.

Distrust is not inherent but a creation of life experience, and it impacts on every aspect of your life. I hope to help others avoid that experience.

It will not be until I’m out of Australia that I will feel anywhere near whole again.