Judeline Mary Peter

Hampton Park 3976
The Deputy Registrar
Geelong Magistrates Court
Railway Terrace
Geelong 3220
4th July 2011
Dear Deputy Registrar,

Would you please explain to me what you mean by proper legal advice? Letter enclosed.

My experience with solicitors has been totally unsatisfactory, and as Judges and Magistrates are drawn from their ranks, they are not willing as Solicitors are not willing to listen to a small person like me, who wants to know why, when a law is written in simple English, it does not appear to be understood by lawyers and Judges and Magistrates .

Would you please explain why s 67 (1) County Court Act 1958 was not applied, and why Judge Philip Misso chose to make a judgment in favor of the Commonwealth, without a jury trial. Would you also explain why S 73 (3) County Court Act 1958 says the County Court in Victoria can award a New Trial in any matter that has not been tried with a jury? If the plain English means what I have been taught it means, the only case in which a New Trial can be refused is after a jury trial.

Now I may not be a lawyer, but nowadays, the Internet allows lay people like me to find out how words should be used and their meaning should be compliant with the law as made by Parliament. S 45 The Interpretation of Legislation Act 1984, say we must read shall as must, and I want to know why Judge Philip Misso did not obey the law in dealing with us.

I also want to know why there are not clear guidelines given to yourself on what to do when a person like me, asks for a New Trial, and the County Court Act 1958 says, “The court may in every case whatsoever and as often as it thinks fit, order a new trial to be had.” S 3A of the act gives the only exception to this law.

S 49 County Court Act 1958 says the court shall ( means must) give all the relief the Supreme Court can give. The word may meaning at discretion should not be used to directly disobey the law.

Can you give me a straight answer. The law appears to me to say that unless a jury trial is had, we can keep coming back until it is, provided the money involved is over $5000. Could I make an application to the Magistrates Court for a New Trial, or must it be in the County Court in Victoria?

Please stop patronising me, as I am reasonably able to read English, and being computer literate, the ridiculous prices charged by lawyers, to give advice that is not consistent with the published Acts of Parliament is really upsetting. Judge Philip Misso ruling directly contradicts S 45 (3) The Interpretation of Legislation Act 1984 and his Ruling must be discarded.

Can you please tell me what forms I must use, so we can have a meeting and consider what the County Court in Victoria will do for us.

Yours faithfully

Judeline Mary Peter

The Interpretation of Legislation Act 1984 – SECT 45
Construction of “may” and “shall”

45. Construction of “may” and “shall”

(1) Where in this Act or any Act passed or subordinate instrument made on or
after the commencement of this Act the word “may” is used in conferring a
power, that word shall be construed as meaning that the power so conferred may
be exercised, or not, at discretion.

(2) Where in this Act or any Act passed or subordinate instrument made on or
after the commencement of this Act the word “shall” is used in conferring a
power, that word shall be construed as meaning that the power so conferred
must be exercised.
(3) The provisions of this section shall have effect notwithstanding any rule
of construction to the contrary and any such rule is hereby abrogated with
respect to this Act and any Act passed or subordinate instrument made on or
after the commencement of this Act.