Family, a history of grave robbing lawyers ignored by the Colonial Australian Legal Culture.
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A history of grave robbing ignored by Australian Legal Culture.
Good evening ladies and gentlemen
Today I would like to place our legal system into its historical perspective, and explain how it is that grave robbery is part of Australian Legal Culture.
Hence the question “Lawyers, or Grave Robbers?”
The miracle or Life
Our conception and the gift of life, given to us by our family is so unique it is sacred to every person and every family group who have lived upon our planet, it is where trust and the natural bonds between people are born. Our love for our mothers and fathers is a natural love, as is the love they give to their children, the appreciation of the creation of a living child and the gift of being born being naturally shared between parent and child. This love between a child and a parent was given since time began and will continue into eternity. Grandparents, uncles, brothers, sisters, In laws, cousins, nieces and nephews, all share in this love of the creation of life and their family.
Nature love shapes personality allows us to meet others as children who
The natural love shared between family member’s forms within us through our lives to shape our personalities. As we develop into children we engage with other people who are also members of families, we share a common history and common values in regards to what is right and what is wrong hence we are able to adapt to and enjoy the new people with whom we meet. We make friends, fall in love and produce more children who also fall in love and thus the cycle of life continues. This process of living allows us as human beings to understand and develop the concept of trust. Trust allows us to love one another and to form the friendships we find so important in life. Trust entwines itself into the fabric of our culture. For a healthy society to function, this culture of trust that enshrines the family unit as the fundamental building block of our society, must also be allowed to participate, in the shaping, making, and interpreting our laws, as this is the life blood of our nation.
Currently this is not the case in Australia. All of that law shaping stuff is entrusted to the lawyers.
Shaping of law through family input
This love of each other and our need to care for one another, bought us together as communities. These communities initially comprised of small tribes of hunter gatherers that evolved into groups of cultivators and eventually into the civilizations we now inhabit. Throughout this transition of human history we have made laws for ourselves. These laws allow us to live together in groups; they are the transfer of wisdom passed down from one generation to the next. Our laws, the rules that we have learned to live by, come from the past, are moulded in our life times and passed to future generations, so as to service the needs of our communities that are formed by our families.
This natural progression of law has been broken in Australia.
Its break began a long time ago when William the Conqueror defeated Harold at Hastings in 1066, William then split England amongst his henchmen and they ruled over the population, thus stifling the natural progression of law. Things got worse for Australia after maritime law as interpreted by Queen Elizabeth the 1st, allowed the piracy by Sir Francis Drake, of the Spanish, who were plundering the gold from the South American civilisations, legal.
Maritime law occupation Australia
Maritime law allowed the British Empire to develop, as it legalised plunder. It reached its zenith in Australia where the land was declared terra nullius and the genocide of the aboriginal race took place. Maritime law has no place for culture or family as this would be counterproductive to its need, to be able to commit genocide upon a vulnerable population so as to occupy the land.
A convict settlement formed a privileged group
A convict settlement was founded under this law and the power structures that run Australia even to this day were set in place and have been passed down through each generation. The legal structure took shape but because of its prison roots and the benefits obtained, by its creators, the status quo has always been protected and was never able to incorporate the cultural (that is the family element) into its creation of our laws. This has always been the realm of the Judiciary and the parliament and we the people and our families are not part of this realm.
Law reform process the cultural disconnect
One only has to follow the path of the law reform process within Australia, to see the cultural disconnect. Law reform, particularly where a large amount of lawyer income is involved, is always completely dominated by lawyers. In most instances, the committees are made up of, only lawyers, who are well funded. Any representatives, from non-lawyer interests, are either self-funded, or are funded by government, with a vested interest. Submissions from, the well-resourced lawyer lobbyists, always far outweigh, the self-funded and underfunded representations, by members of the community, representing family interests.
The lawyers of Australia, make sure they keep the jail, for themselves.
Law reform dominated by family culture instead of privileged lawyers
Until law reform committees are run by community members, with lawyers to advise, we will always be unable, to incorporate the needs of our families and our cultural wisdom, into the laws of Australia.
This means that your family and their offspring will suffer, as the financial interests of the legal profession, will always have priority, over family needs.
Samuel Taylor Coldridge, The Devil’s Thoughts, 1799
He saw a lawyer killing a viper, On a dunghill close by his own stable,
And the Devil smiled, for it put him in mind, Of Cain and his brother Abel.
Lawyers and Alligators
Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, “I don’t understand how you can be so much bigger than I am. We’re the same age, we were the same size as kids… I just don’t get it.”
“Well,” says the big alligator, “what have you been eating?”
“Lawyers, same as you,” replies the small alligator.
“Hmm. Well, where do you catch ‘em?”
“Down at that law firm on the edge of the swamp.”
“Same here. Hmm. How do you catch ‘em?”
“Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite ‘em, shake the crap out of ‘em, and eat ‘em!”
“Ah!” says the big alligator, “I think I see your problem. See, by the time you get done shakin’ the crap out of a lawyer, there’s nothing left but lips and a briefcase…”
For the sake of your children and their children and for the generations to come Please help to bring about this desperately needed cultural shift to our legal system by : Sending links of this video to all of your friends.
Actively engage by writing to your local MP and to the Victorian law reform committee members.
Discuss these issues with your friends and actively participate with your cultural input to help transform Australia from a prison to a nation and arrest this tyrannical rule by greedy corrupt and unaccountable lawyers.
Boats that bring culture, a wisdom spurned by Australian law makers to the detriment of Australian families.
Why we are all vulnerable to grave robbing lawyers.
Our multicultural society has evolved as a result of worldwide events. These events have resulted in a large number of overseas families deciding that Australia is a good place to re-establish their families after social disruption including war, revolution and the breakdown of law and order within their countries of origin.
These people came to Australia in boats and Airplanes which I call “Culture”. They often arrived in Australia with no material wealth and relied upon the culture they and their family members bought with them. Their cultural input was so influential that the Australian government invented the word Multicultural Society for the phenomenon. These people have spent their lives working hard in order to help their children establish their families in Australia. These families apart from overcoming language and cultural barriers are thrown in at the bottom of the socioeconomic ladder.
Inheritance within these family structures plays a major role in their intergenerational development as it plays a major part in determining the schools we attend, the suburbs we live in, the ability of our family to pay for critical intervention services during our lives, and the holidays we spend together with our family. It influences the lives of our children our grandchildren and our offspring for eternity.
These families are particularly vulnerable to inheritance abuse by the current legal processing system of inheritance matters.
They are more likely to appoint a lawyer as an executor because they are deprived of an extended family network through the act of migration.
They are less likely to have access to a permanent and trusted family lawyer.
They will be unfamiliar with how the inheritance laws work within Australia and that because they have been constructed by lawyers in a nation that invented Terra nullius are devoid of family input and fail to recognise the importance of healthy inter-generational family development through inheritance.
We all know that on average wealthier people live longer and have happier lives. That is why so many of us work hard to earn more money so as we can become wealthier. Another component of wealth stems from inheritance. The wealthier the family heritage the wealthier generally are the offspring, provided factors impacting adversely upon that inherited wealth including war and acts of barbarism or theft are not enacted upon the family.
In our contemporary democratic and multicultural nation, Australia, we are educated to believe that we can trust lawyers. We know that when we hire a lawyer we are normally dealing with issues of life changing significance, either for ourselves or for our family. In such an important consumer relationship we have to be assured that we can trust lawyers. The laws regulating lawyers bind them to their clients though the relationship of trust.
So important and fundamental is this trust between the public and the legal profession to the rule of law that our government finances the office of the Victorian Legal Services Commissioner to ensure us that any lawyers who are untrustworthy will be disciplined, so as we can be assured that we can trust our lawyer.
Did you know that if you appoint a lawyer as an executor to your estate, that when they become the executor, they are no longer bound by the legal professional act and are not deemed to be acting as a lawyer, by the Victorian Legal Services Commissioner? Furthermore no rules have been written for lawyers who are acting as executors of deceased estates by the Law Institute of Victoria.
I wonder why but me thinks its got something to do with a very big pot of gold.
Oh yes, did you also know that Lawyers in Private Practice are not bound by the Victorian Charter of Human Rights. Last time I gazed in the mirror I saw a human, even though some may not see me as such and I never see dogs and cats entering lawyer’s offices only humans.
The failure of our legal profession to allow culture and family to incorporate into the law making process in Australia is a disgrace to which the growing distrust of our community towards the legal profession can be attributed to. Access to justice is no longer affordable to the average Australian apart from when they are dead. Then it appears as if there are a never ending pack of lawyers who will appear to defend ones interests provided there are assets left on your carcass from which they may gorge themselves to the horror of your offspring.
One has to ask why this is so. Particularly when we have all recognised that we are a nation of families, many of whom have recently migrated to this land.
To see the problem one has to analyse the socioeconomic background of the legal profession. The majority of lawyers attend private schools, which mean their families sit at the higher end of the social spectrum. The families have more money, are better educated and because they have a high level of literacy in the English language, their children inevitably have a greater chance of getting the marks that will allow them to become lawyers. The exercise is self-perpetuating and is an inter-generational transfer of legal power from one generation to the next, within a confined social group. Due to the historical structure of this group of people who make up the majority of the legal profession, vested interest often dominates over social need when it comes to reforming our laws. The group itself can exert influence upon who will be given positions of influence and who will be excluded.
The legal profession currently has a serious conflict of interest by failing to develop a low cost efficient ,timely and truth seeking process to deal with inheritance matters and through its inaction’s is impeding the inter-generational development of migrant families who have given up so much of their lives so as to re-establish their families in Australia.
The legal profession has been negligent in its duty of care to the Australian people by failing to incorporate this valuable cultural resource into the development and formation of our laws. Instead allowing Australia to remain tied to the rule of the lash and the culture of a prison.
Even though we have invented a new society, with a new culture, our legal profession has become delusional, in preventing this culture to participate in the formation of our laws, as we still operate under the format of a prison. Until family becomes the dominant influence during the law making process, we will never be able to cross the historical divide between, convict settlement and nationhood.
A cultural shift that abhors Grave Robbery will not occur and this will inevitably damage your families development.
What’s the difference between a Lawyer Executor and a Grave robber?
Answer from Essendon
Well Not much.
The grave robber carries the scent of the rotting corpse.
The lawyer masks it with the scent of privilege.
From a very good Greek friend of mine.
The grave robber waits until the person is in the grave before going about his foul business.
The lawyer executor is planning the robbery whilst the person is still alive.
We are all members of a family. The evolution of our laws which originated out of family has led to article 17 of The Victorian Charter of Human Rights being written.
The article states:
Protection of families and children
(1) Families are the fundamental group unit of society and are entitled to be protected by society and the State.
(2) Every child has the right, without discrimination, to such protection as is in his or her best interests and is needed by him or her by reason of being a child.
In Australian law there is a fundamental disconnect between family and the shaping of law. The problem can be identified in the power sharing arrangement between our federal and state governments which does not extend to the citizens of Australia (except at voting times) who are all members of family units. The current proposed changes to our constitution by recognising the aboriginal people as the first citizens of this land needs to extend into a power sharing arrangement between the citizens of Australia and their respective governments. This shift in power would make governments accountable to the families of Australian citizens. Our laws would then be formed by families in collaboration with the legal profession and would therefore work in the interests of Australian families instead of a self-serving legal profession who remain unaccountable to Australian families. The legal profession obtains approximately 50% of its revenue through its work with families. Divorces, death and debt are its feeding ground. The current legal process that is based upon the English adversarial system is expensive, time consuming, emotionally damaging for all of the paying participants (Men women and children) and has a greater error rate when compared to the European truth seeking system. If our current legal system were to be overhauled so as to work in the interests of families approximately 60% of the legal costs that are currently being bled from vulnerable Australian families by our legal industry would remain in the hands of Australian families.
Considering the significance of inheritance upon a family’s development and the role lawyers play in its transfer from the living to the dead one would assume that lawyers who are nominated as executors would be viewed as lawyers by the law and would be regulated under the legal professional services act.
Lawyers who are acting as executors are not deemed to be lawyers by The Victorian Legal Services Commissioner and complaints about their activities by beneficiaries are not investigated by The Legal Services Commissioner because they are not acting as lawyers.
Ref to letter Pg 54 Victorian Legal Services Commissioner 14 01 2011.
“You complain that decisions were made in accordance with the relevant legislation rather than in accordance with your asserted human rights to inherit property and to be a family. With regard to any alleged breach of your human rights by the practitioner, the Victorian Charter of Human Rights only applies to public authorities. A legal practitioner in private practice is not required to comply with the Charter.”
Considering that lawyers generate about 25% of their income from wills and inheritance issues which directly influence family trajectory, families being comprised of human beings, one would have assumed that lawyers in private practice who are acting as executors would be bound by our human rights charter.
Inheritance law reform in Australia is occurring at a snail’s pace, is dominated by lawyer interest groups and does not involve family lobby groups. Where they do exist they are poorly informed, outnumbered by lawyers and starved of financial and intellectual resources.
Australian families when confronted with an inheritance issue are subjected to an antiquated adversarial process that is expensive, time consuming, inaccurate and favours lawyers prolonging disputes in order to benefit their own pockets in the form of horrendously high hourly fees of $500 per hour, well over ten times the rate of an average person’s hourly rate of pay.
It can be succinctly described as plunder of family or more bluntly put as grave robbing. Hence this web site and the book Lawyers of Grave Robbers?.
Our inheritance laws are so draconian that a lawyer executor Ian Bult and the members of his law firm Russell Kennedy were able to withhold a letter written by a deceased mother six years prior to her death, from her children, for a further six years, under the guise of legal client privilege. They stated that the contents of this letter allowed them to distribute her estate unequally among her children. Upon the family receiving the letter it revealed that Ian Bult, supported by his law firm Russell Kennedy and its members, lied about its contents.
The word “lie” being used to describe conduct that gives rise to issues of breach of duty, deceit, misrepresentation, and false and misleading conduct.
This whole saga was carried out under the noses of the Law Institute of Victoria, The Legal Services Ombudsman, the State and Federal Attorney Generals, the Victorian Legal Services Commissioner and the Victorian Ombudsman. All that was asked of these bodies was to give my mother`s family a fair go by getting Ian Bult and the members of Russell Kennedy to give my mother`s family a copy of the letter so as we as her children had the power to interpret our own mothers wishes. These bodies denied my mother’s children that right and allowed a terrible breach of duty, deceit, misrepresentation, and false and misleading conduct to be perpetuated upon them by an unaccountable lawyer Ian Bult and the members of his law firm Russell Kennedy.
One would only find such oppression of family within the walls of a prison. A prison established in a place where family ties no longer existed. A prison situated on the other side of the planet in a time where aeroplanes did not exist, the telephone and radio had not been invented and the only means of communication was through the written word by a population of which 90% could neither read nor write. A prison situated on a land deemed by its masters as terra nullius there by even denying its original family residents, the aboriginal people a right to the recognition under the law of their family existence.
Our multicultural society and the impact of Family inheritance Law in Australia upon its development
Our multicultural society has evolved as a result of worldwide events. These events have resulted in a large number of overseas families deciding that Australia is a good place to re-establish their families after social disruption including war, revolution and the breakdown of law and order within their countries of origin. These people often arrived in Australia with nothing apart from their lives and some of their family members. They then spend the remainder of their lives working hard in order to help their children establish their families in Australia. These families apart from overcoming language and cultural barriers are thrown in at the bottom of the socioeconomic ladder. Inheritance within those family structures plays a major role in their inter-generational development as it plays a major part in determining the schools we attend, the suburbs we live in, the ability of our family to pay for critical intervention services during our lives, and the holidays we spend together with our family. It influences the lives of our children our grandchildren and our offspring for eternity.
These families are particularly vulnerable to inheritance abuse by our current legal processing of inheritance matters.
• They are more likely to appoint a lawyer as an executor because they are deprived of an extended family network through the act of migration.
• They are less likely to have access to a permanent and trusted family lawyer.
• They will be unfamiliar with how the inheritance laws work within Australia and that because they have been constructed by lawyers in a nation that invented terra nullius are devoid of family input and fail to recognise the importance of healthy inter-generational family development through inheritance.
The inability of our legal regulators to tackle this issue is simply a disgrace. One has to ask why this is so. Particularly when we have all recognised that we are a nation of families many of whom have recently migrated to this land.
To see the problem one has to analyse the socioeconomic background of the legal profession. The majority of lawyers attend private schools which mean their families sit at the higher end of the social spectrum. The families have more money are better educated and because they are educated and speak English their children inevitably have a greater chance of getting the marks that will allow them to become lawyers. The exercise is self-perpetuating and is an inter-generational transfer of legal power from one generation to the next within a confined social group. Due to the historical structure of this group of people who make up the majority of the legal profession, vested interest often dominates over social need when it comes to reforming our laws. The group itself can exert influence upon who will be given positions of influence and who will be excluded.
The legal profession currently has a serious conflict of interest by failing to develop a low cost efficient ,timely and truth seeking process to deal with inheritance matters and through its inaction’s impeding the inter-generational development of migrant families who have given up so much of their lives so as to re-establish their families in Australia.
2 thoughts on “Family”
colin on May 14, 2012 at 11:36 am said:
we know how you feel, its about time these cowboys were pulled into line, we cannot be asked to abide by laws that protect the ones abusing the laws
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Joe Ferris Northern Ireland on June 10, 2012 at 12:30 am said:
I fully agree and can identify with Diarmuid’s analysis that ‘Lawyers are Grave Robbers’. I supported my late father Charles Ferris (deceased 9th October 2005) in the last 19 years of his life in what he described on the day before his death as ’19 years of Living Hell, created by so-called Solicitors in Omagh, County Tyrone, Northern Ireland, who were like a nest of rats’.
My late father was deprived of his legal rights, by Solicitor James Montague and Solicitor Christine Meyler both with so-called Legal Practices in Omagh, County Tyrone, Northern Ireland.
The central fraud was processed by Solicitor Christine Meyler, in May 1994, in an ‘Affidavit’ in which it was testified that my Great Grandmother, Anne Ferris, (deceased 5th September 1925) had 8 children, all of whom are now deceased..’ the FRAUD was the following words, ‘ her only net of kin, and without Grandchild or other descendant, the issue of a pre-deceased child her surviving’ THIS last section is 100% false as my late father was one of 33 Grandchildren of Anne Ferris deceased 5th September 1925.
I only discovered the ‘False Affidavit’ in December 2006 and because this caused ‘a defective devolution of the legal estate’ I could not sign a ‘Contract for Sale’ of my late father’s property and at this time the ‘Contract for Sale was for £8.4 million pounds sterling.
When the matter came before the Lord Chief Justice, for Northern Ireland, at this time (2007) Lord Chief Justice, Sir Brian Kerr, he described the ‘False Fraudulent Affidavit’ as ‘”A Silly Stupid Fraud So Silly And Stupid A Fraud It Is Not A Fraud.”
In February 2009, two barristers for Solicitor Christine Meyler, Conceded in writing that from November 1945 from the death of his father, my late father Charles Ferris, was ‘Legally entitled to ownership of his ancestral home’ signed. Mr. Dermot Fee QC & Mr. Gary McHugh BL. 25th February 2009.