#SUMMONS COMMENCING AN APPEAL (PART
50)
#SUMMONS SEEKING LEAVE TO APPEAL
(PART 50)
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COURT DETAILS
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Court
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Saint Vincent’s Hospital Treatment
Plan via videolink
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#Division
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Mental Health Act 2007
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#List
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Registry
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Supreme Court Registry Filed online
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Case number
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TITLE OF PROCEEDINGS
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[First] plaintiff
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Alexander Marcel Andre Sebastian Barker Bailiff
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#Second plaintiff #Number of
plaintiffs (if more than two)
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[#name #number
R v Bailiff Not guilty by reason of mental impairment. |
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[First] defendant
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#Second defendant #Number of
defendants (if more than two)
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[#name #number
Refer to Party Details at rear for full list of parties] |
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PROCEEDINGS
IN THE COURT BELOW
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Title below
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Section 52 of the Mental Health Act
2007
Section 74 (3) and Schedule 3
Mental Health Act 2007
Section 76 (1)(a) of the Mental Health
Act 2007
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Court below
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Gladesville Telephone Inquiry with
Orr v Holmes (1948)
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Case number below
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Date[s] of hearing
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12:30pm 27/11/2015 by telephone
conference
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Material date
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Decision of
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Mental Health Review Tribunal with
no visuals
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FILING DETAILS
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Filed for
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Alexander Marcel Andre
Sebastian Barker Bailiff
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#Filed in relation to
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Brain Damage Medico-Legal Aspects by Philip W, Bates
DrStephenAllnutt..blogspot.com.au Psychiiatirst
DrJohnMcmahon.blogspot.com.au Neuropsychologist
ProfessorSusieHayes.blogspot.com.au Psychologist
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#Legal representative
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Alexander Marcel Andre Sebastian Barker Bailiff
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#Legal representative reference
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Representing myself
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Contact name and telephone
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Alexander Bailiff 04 3777 3777
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Contact email
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SaintAlexander@mail.com
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HEARING DETAILS
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This summons is listed at
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TYPE OF CLAIM
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I seek her or his honour set aside the Saint Vincent’s Hospital
Treatment Plan permanently.
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DETAILS OF APPEAL
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1
I would seek her or his honour
view Bayliss traffic accident report 7/12/85.
2
I would seek her or his honour
read Brain Damage Medico-Legal Aspects by Philip W Bates.
3
I would seek her or his honour
read Organic Psychiatry by Alwyn Lishman
4
I would seek her or his honour
read DrStephenAllnutt.blogspot.com.au.
5
I would seek her or his honour
read DrJohnMcmahon.blogspot.com.au.
6
I would seek her or his honour
read ProfessorSusieHayes.blogspot.com.au,
7
I would seek her or his honour
read http://rvbailiff2011actsc214.blogspot.com.au.
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ORDERS SOUGHT
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1
I would seek her or his honour call a Judicial
Inquiry into Hume Highway Gunning-Yass.
2
I would seek her or his honour call a Judicial
Inquiry into treatment of Brain Damaged.
3
I would seek her or his honour call a Judicial
Inquiry into education by Organic Psychiatry.
4
I would seek her or his honour call a Judicial
Inquiry into under training of Psychaitrists.
5
I would seek her or his honour call a Judicial
Inquiry into under training of Neuropsychologists.
6
I would seek her or his honour call a Judicial
Inquiry into under training of Psychologists.
7
I would seek her or his honour call a Judicial
Inquiry into Not guilty by reason of impairment
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APPEAL
GROUNDS
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8
I present Orr v Holmes [1948] and seek to bring
forward further evidence upon appeal.
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#SIGNATURE OF LEGAL REPRESENTATIVE
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#This summons does not require a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014.
#I certify under clause
4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014
that there are reasonable grounds for believing on the basis of provable facts
and a reasonably arguable view of the law that the claim for damages in these
proceedings has reasonable prospects of success.
I have advised the
plaintiff[s] that court fees will be payable during these proceedings. These fees may include a hearing allocation
fee.
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Signature
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Alexander
Marcel Andre Sebastian Barker Bailiff
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Capacity
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Plaintiff
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Date of
signature
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7th
December 2015
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#SIGNATURE OF OR ON BEHALF OF PLAINTIFF
IF NOT LEGALLY REPRESENTED
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I acknowledge that court fees
will be payable during these proceedings.
These fees may include a
hearing allocation fee.
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Signature
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Alexander Marcel Andre Sebastian
Barker Bailiff
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Capacity
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Plaintiff
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Date of
signature
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7th December 2015
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NOTICE TO DEFENDANT
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If your solicitor, barrister or you do not attend the
hearing, the court may give judgment or make orders against you in your
absence. The judgment may be for the relief claimed in the summons and for the
plaintiff’s costs of bringing these proceedings.
Before you can appear before the court, you must file at the
court an appearance in the approved form.
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HOW TO RESPOND
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Please read this
summons very carefully. If you have any
trouble understanding it or require assistance on how
to respond to the summons you should get legal advice as soon as possible.
You can get further information about what you need to do to
respond to the summons from:
·
A legal practitioner.
·
The
court registry for limited procedural information.
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REGISTRY ADDRESS
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Street
address Sydney
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Postal
address Philip Street
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Telephone
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[on separate page]
#PARTY DETAILS
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[include
only if more than two plaintiffs and/or more than two defendants]
PARTIES TO THE PROCEEDINGS
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Plaintiff[s]
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Defendant[s]
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Alexander Marcel Andre
Sebastian Barker Bailiff
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Saint Vincent’s Hsopital
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[repeat as required for each additional
plaintiff]
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[repeat as required for each additional
defendant]
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FURTHER DETAILS ABOUT FILING PARTY
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[First] plaintiff
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Name
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Alexander Marcel Andre Sebastian Barker Bailiff
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Address
[The filing party must give the party's address.] |
22 Talbot Place Woolloomoo
NSW 2011
AUSTRALIA
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#Frequent user identifier
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[include if the plaintiff is a registered frequent
user]
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[repeat
the above information as required for the second and each additional plaintiff]
#Legal representative for
plaintiff[s]
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Name
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Alexander Marcel Andre Sebastian Bsrker Bailiff
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Practising certificate number
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Firm
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I represent 925 solicitors and 4000 barristers
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#Contact solicitor
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[include name of contact solicitor if different to
solicitor on record]
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Address
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#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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DX address
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Telephone
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Fax
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Email
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Electronic service address
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[#email address for electronic
service eg service@emailaddress.com.au
#Not applicable]
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#Contact details for plaintiff[s]
acting in person or by authorised officer
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#Name of authorised officer
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#Capacity to act for plaintiff[s]
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Address for service
[The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State "as above" if the filing party’s address for service is the same as the filing party's address stated above.] |
#as above
#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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#Telephone
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#Fax
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#Email
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DETAILS ABOUT DEFENDANT[S]
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[First] defendant
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Name
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Address
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#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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#[country (if not Australia)]
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[repeat the
above information as required for the second and each additional defendant]
Bayliss 1985 is at URL
below
Parker QC, R.W.R.,
Barrister-at-Law, p.127, Chapter 7, Brain Damage Medico-Legal Aspects,
Blackwell Press, Sydney, (1994).
(Philip William Bates
General Editor Barrister UNSW) (stepdad)
Adducing Evidence to Prove or Disprove Brain Damage
6. The Clinical Picture in Focal Cerebral Disorder
Lishman
says at p.16 that strictly focal brain damage can be responsible for both acute
and chronic organic reactions. He says that a frontal lesion may confer
distinctive changes of disposition and tempermanent. Most characteristic is a
disinhibition with expansive overfamiliarity, tactlessness,
over-talk[at]iveness, childish excitement or prankish and punning social and
ethical control may be diminished with a lack of concern for the future
and for the consequence of actions. Sexual indiscretions and petty
misdemeanours may occur, or gross errors of judgement with regard to financial
or interpersonal matters. Sometimes there is a marked indifference, even
callousness for the feelings of others. Equally lack of anxiety and insight on
the part of the patient into his or her condition. Elevation of mood is often
seen, namely an empty and fatous euphoria rather than a true elation which
communicates to the observer. In other cases the principal changes are lack of
initiative, aspontaneity and a profound slowing of psychomotor activity.
Concentration, attention and ability to carry out a planned activity are
impaired by these changes but performance on tests of formal intelligence is
often surprisingly well preserved once the patient’s co-operation has been secured.
References
Lishman, William Alwyn. Organic
Psychiatry. The Psychological Consequences of Cerebral Disorder, Blackwell
Scientific Publications, Oxford, (1987)
World Health Organisation
International
Classification of
Impairment, Disability,
Handicap (1981)
R v Bailiff 2011 ACTSC
214 Not Guilty by Reason of Mental Impairment
Dr Stephen Allnutt is
Adobe Reader
Dr Richard Furst is Adobe
Reader
Professor Susie Hayes is
Adobe Areader
Dr John McMahon is Adobe
Reader
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