From: Rosemary Musolino <rmusolino@hcourt.gov.au>
Sent: Tuesday, 10 November 2015 4:46 PM
To: KINGSLEY FERDINANDS
Cc: SA Registry
Subject: Re: TK FERDINANDS - AMENDMENTS MADE....RE: PARA. 55 & CORRECT DATE
Dear Mr Ferdinands,
I note that you have amended the plaintiff's outline of submissions following my comments. I confirm that your documents are now in a form that complies with the requirments of the High Court Rules. However I would point out that if and when those documents are presented at the Adelaide Registry they will not be accepted for filing immediately, as I would propose to seek a direction from a Justice purusuant to Rule 6.07 of the High Court Rules in the first instance.
Yours faithfully,
Rosemary Musolino
Deputy Registrar
From: KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>
To: Rosemary Musolino <rmusolino@hcourt.gov.au>, KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>,
Date: 09/11/2015 11:48 AM
Subject: Re: TK FERDINANDS - AMENDMENTS MADE....RE: PARA. 55 & CORRECT DATE
Dear Registrar
Please be aware that I have just received your email and have fixed up the final doc for approval to file.
If approved I am able to file on Wednesday (pension day for the unemployed) this week, 11 November 2015.
I hope to hear from you soon.
Yours faithfully
TK FERDINANDS
From: Rosemary Musolino <rmusolino@hcourt.gov.au>
Sent: Monday, 9 November 2015 11:03 AM
To: KINGSLEY FERDINANDS
Subject: Re: TK FERDINANDS - FINAL DOCS FOR APPROVAL
Dear Mr Ferdinands,
I note that paragraph 55 of the plaintiff's outline of submissions reads as follows:
"An order in the nature of certiorari quashing the Defendant’s decision made on 20 July 2015 to appoint a person to undertake an independent Commission of Inquiry pursuant to Regulation 109 Part 8 Defence (Inquiry) Regulations 1985 for Commission of Inquiry"
It seems to me that it should read "not to appoint".
Your other documents appear to be in the correct form.
Yours faithfully,
Rosemary Musolino
Deputy Registrar
From: KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>
To: Rosemary Musolino <rmusolino@hcourt.gov.au>, KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>,
Date: 02/11/2015 04:01 PM
Subject: Re: TK FERDINANDS - FINAL DOCS FOR APPROVAL
Monday 2 November 2015
Dear Registrar
Thank you for your email and I have corrected all errors and added extension of time reasons in application.
Please find all docs attached for your inspection and consideration with regards to FERDINANDS v Chief of Defence Forces.
I hope to hear from you soon.
Yours faithfully
TK FERDINANDS
From: Rosemary Musolino <rmusolino@hcourt.gov.au>
Sent: Wednesday, 28 October 2015 4:43 PM
To: KINGSLEY FERDINANDS
Subject: Re: TK FERDINANDS - AMENDMENTS COMPLETED AND DOCS READY FOR APPROVAL FOR FILING
Dear Mr Ferdinands,
I have looked at your amended documents and I note the following:
- the application for an extension of time for the making of the application is an order that should be sought in the Application (Form 12) itself;
- you have prepared two affidavits, one apparently in support of the Application and the other in support of the extension of time: however there is a amount of overlap and repetition in those affidavits. I would suggest it would be more efficient to have only one affidavit which deals with both the extension of time for the making of the application and also deals with the application itself;
- in both of your affidavits you seek orders, inter alia, "that the appeal is allowed". This is inappropriate, as an application for an order to show cause is not an appeal;
- in paragraph 56 of your outline of submissions you should consider whether the inclusion of "not" in the first sentence is correct;
- included in your documents is "Cover Sheet TF-1" however I'm not sure what it is intended to relate to as I could find no reference to it in either affidavit.
Yours faithfully,
Rosemary Musolino
Deputy Registrar
From: KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>
To: Rosemary Musolino <rmusolino@hcourt.gov.au>, KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>,
Date: 24/10/2015 11:07 AM
Subject: TK FERDINANDS - AMENDMENTS COMPLETED AND DOCS READY FOR APPROVAL FOR FILING
Saturday 24 October 2015
Registrar
High Court of Australia
CANBERRA ACT 2601
Dear Registrar
Please be aware I have completed and reworked all documents to make it more appealing to read and understand. I have attached normal affidavit and extension of time affidavit and completed orders seeking extension of time and appeal (order to show cause) allowed. Is that the correct wording? I am unsure. if you are happy them we can proceed and I shall file on Wednesday, at the HCA Adelaide registry.
I hope to hear from you soon as to approval to file.
Yours faithfully
TK FERDINANDS
From: Rosemary Musolino <rmusolino@hcourt.gov.au>
Sent: Tuesday, 20 October 2015 3:57 PM
To: KINGSLEY FERDINANDS
Subject: Re: TK FERDINANDS - REQUEST FOR UPDATES
Dear Mr Ferdinands,
I have now looked at your documents and I note the following matters:
- In the application (Form 12) you have written:
THE RELIEF CLAIMED is:
1. An order in the nature of certiorari quashing the Defendant’s decision made on 20 July 2015 to not appoint a person to undertake an independent Commission of Inquiry pursuant to Regulation 109 Part 8 Defence (Inquiry) Regulations 1985 for Commission of Inquiry.
2. An order in the nature of mandamus compelling Defendant to not appoint a person to undertake an independent Commission of Inquiry pursuant to Regulation 109 Part 8 Defence (Inquiry) Regulations 1985 for Commission of Inquiry.
3. A declaration by the Commission of Inquiry as to whether or not the Commonwealth of Australia via Chief of Army issued a false summons in the Defence Force Magistrate’s court in 1999 against 418609 CPL FERDINANDS, T.K.
It seems to me that in paragraph 2 you would want to delete the word "not". I note that also appears in paragraph 4 on page 4 of that same document; in your affidavit on page 5 and 6 under "Orders sought"; on page 7 of the Plaintiff's outline of submissions and in the Summons. The relief sought under paragraph 3 is premature and so not something this Court could order since the relief you seek in paragraphs 1 & 2 is for a Commissions of Inquiry to be undertaken and the relief sought in paragraph 3 seems to be the relief you would ultimately seek form any Commission were it to be set up.
- I note that the decision of the defendant of which you complain is a decision made on 20 July 2015. Under the High Court Rules, an application for mandamus should be made within 2 months, so you would also need to seek an extension of time in the application (Form 12) and your affidavit would also need to address why such an extension should be granted.
- In the Application (Form 12) under the heading "The Grounds of (sic) which the relief is claimed" you then refer to and reproduce Rule 25.03.2. I note that Rule 25.03.2 sets out what needs to be addressed in an outline of submissions, rather than in the application for order to show cause.
- You may wish to give further consideration to whether your outline of submissions does in fact address the requirements of Rule 25.03.2
Yours faithfully,
Rosemary Musolino
Deputy Registrar
From: KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>
To: Rosemary Musolino <rmusolino@hcourt.gov.au>, KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>,
Date: 19/10/2015 02:06 PM
Subject: Re: TK FERDINANDS - REQUEST FOR UPDATES ON 2 APPLICATIONS BEFORE THE HIGH COURT OF AUSTRALIA - 4
Monday 19 October 2015
Dear High Court Registry
I was in court one day in South Australia and I heard a judge say to a party that they must always keep in contact with the court on all matters so the court is aware. The reason being one of the arguments the Crown has is time limits and the matters are old and stale when in fact they have been stalling and delaying on their side.
I keep the HCA informed because it is the only court working for me at the time.
I think by this week I should be able to get some positive action from them with regards to other matters.
This matter is FERDINANDS v Chief of Defence Forces.
I apologize if you have not had them earlier as they may have been confused with other emails to SA Registry.
At ant rate I am keen to get a decision from the court on this matter.
I attach the docs for your inspection.
If you say yes and approve then the Army must do all the work and have a Commission. This is very very different to the 15 years of appeals as I have said in my docs.
The Commission will make a recommendation and then I shall bring that recommendation to court to have the 1999 DFM conviction and penalty set aside.
This then ends FERDINANDS v Chief of Army.
If the Commission make other recommendations then that is up to Chief of Defence Forces to act on.
I can't go back to the army because as I have been told by 100's of soldier I will probably get killed by 'friendly fire'. I take that as a warning and not as a threat.
Anyway, I joined in 1982 and did 6 years before that as a cadet officer. So I have had 15 years active service and 15 years in the courts. A good way to fight the army or in the army.
I can file on Friday if approved.
Yours faithfully
TK FERDINANDS
592 BRIGHTON ROAD
BRIGHTON SA 5048
From: Rosemary Musolino <rmusolino@hcourt.gov.au>
Sent: Friday, 16 October 2015 2:02 PM
To: KINGSLEY FERDINANDS
Subject: Re: TK FERDINANDS - REQUEST FOR UPDATES ON 2 APPLICATIONS BEFORE THE HIGH COURT OF AUSTRALIA - 3
Dear Mr Ferdinands,
Unfortunately to the large volume of emails which you choose to copy me in on (but which do not directly concern the High Court) I am unable at present to identify which documents you are referring to. You will need to either advise me of the date and time or your email or forward the documents again.
Yours faithfully,
Rosemary Musolino
Deputy Registrar
From: KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>
To: "rmusolino@hcourt.gov.au" <rmusolino@hcourt.gov.au>, "enquiries@hcourt.gov.au" <enquiries@hcourt.gov.au>, KINGSLEY FERDINANDS <kingsley_ferdinands2007@hotmail.com>,
Date: 16/10/2015 02:06 PM
Subject: Re: TK FERDINANDS - REQUEST FOR UPDATES ON 2 APPLICATIONS BEFORE THE HIGH COURT OF AUSTRALIA - 3
Friday 16 October 2015
D High Court
As yet I have had no response with regards to the serious matter of FERDINANDS v Chief of Defence Forces.
Can you indicate whether or not the documents are ready and suitable for filing, and if so I can file by Monday, 19 October 2015.
Thank you.
Yours faithfully
TK FERDINANDS
No comments:
Post a Comment