12MR DEVRIES: While the tipstaff is here Your Honour I can hand
30 dated 07/12/07.
13 exhibit.
15 you'll - - -
29 complete copy - - -
30MR JOHNSON: That was just the two page - originally Exhibit 58
5MR JOHNSON: Yes, that's the first page and the second page,
6 but - - -
9HIS HONOUR: All right, well can you just show that to
10 Mr Devries?
27 should just be - - -
30 Mr Antonos Ioannou.
7HIS HONOUR: Would you just mind not interrupting while I'm
23 Exhibit J.
32 65.
7 Honour.
12 that that case has to this one is that the big issue in
17 documents - - -
22HIS HONOUR: I'm not going to be troubled too much about that
28 Wednesday.
9 fact that you say that she took documents of yours and
17 relevant.
19 creditability.
21MR JOHNSON: The first is the lack of hard written evidence and
30 The plaintiff's - - -
5HIS HONOUR: There you are; you had discovery from the
8HIS HONOUR: The more important issue that you're stating seems
21 this case.
30 written documents.
4 I - - -
22 age, Your Honour, and she's barely 30 years old. I'm not
26 reputation - - -
6 would you get such evidence easily. But I would just say
16 et cetera.
21 sure what this exhibit is, but it was – no, I can give
24 submission.
9 the racetrack.
6 The exhibits put it, you know, she was working at Geelong
10 is - - -
11HIS HONOUR: If you lose your – you'll probably know the answer
12 to this, if you lose your tax returns, can you get copies
14MR JOHNSON: I believe so. Even under the old 1988 Privacy
16 government agencies.
3HIS HONOUR: No, that's not the point that the plaintiff's
6 accepted that apart from her evidence that she made some
7 contribution
19 relationship worked.
21HIS HONOUR: I don't think she's really being saying she put
24MR JOHNSON: No, I'm grateful for the way you've summarised the
10 whole lot of the stuff that under our agreement she was
7 par for the course when you get a nasty lengthy time
30 freehold, and also approved for two off the plan units in
15 Your Honour.
18 he put all his own money into all his assets". That
12 $11000 cash back. I also got the rent from the tenant
19 application".
20HIS HONOUR: M?
30 was needing more than double that when you take into
11 Your Honour.
7HIS HONOUR: Are you saying none of them were in the affidavit
8 of documents?
11 Your Honour?
19MR DEVRIES: And to properly state what the reason for that
21 Justice Whelan of - - -
23 right.
30 discovery generally.
31HIS HONOUR: No, you're right. It was that you each file
8 the properties.
29MR JOHNSON: Yes, Mr Justice Whelan would have sent them away
11 answers for all six. Now, what did I get out of the
14 1K, lying under the rubbish in the garage, the mess left
25 object. It is not - - -
11MR JOHNSON: I - - -
14 have not only legal training but you have 20 years legal
16 worked for a very high ranking law firm. So that you are
20 case when you've wanted to, that you have been able to
24 case. You may enjoy saying it but I can tell you this,
27MR JOHNSON: Your Honour, I'm pointing out the third level of
11 on.
17HIS HONOUR: I must say, Mr Johnson, that whilst you are not
9 answer.
6 representatives - - -
10 that matter that was put before me, and not in fact
31HIS HONOUR: I - - -
6 legal issues.
21 9263, the two which are really the one, proceed hand in
24HIS HONOUR: You not only made that application on that day,
28 proceedings.
30 and counterclaim - - -
6 Your Honour.
16 (indistinct).
4 supporting. I go up in credibility.
15 haven't seen.
24 in a biased way.
26HIS HONOUR: All of these matters firstly from the Bar table
7HIS HONOUR: You're not making any such application. The case
15 the issues that are salient to this case, you may do so.
22 to determine.
4 done to you.
10 at lunchtime.
19 never been - cannot be, and have never held myself out to
31 available to do work - - -
22 Services Commissioner.
23HIS HONOUR: It seems quite clear that case has got nothing to
27 try to derail the case I will draw the inference that you
29 unfortunate.
2MR JOHNSON: This will take one minute Your Honour, because I
8 his.
13HIS HONOUR: And I'm deciding nothing more than the issues that
22 wasting the time of this court, you are wasting the time
6HIS HONOUR: Well I suggest that perhaps it's best you give the
11 in this case.
15 Commissioner in full.
16HIS HONOUR: Well it's quite improper for you to be doing that,
17 Mr Johnson, in court.
2 you now.
6 used the address 166 Queen Street, Altona in any way, let
16 case.
20 documents.
3 submissions - - -
7 its admissibility.
17 I'm trying to get the lease taken over, plus all of its
20 clients.
3 year, Your Honour, the AMP documents, and I put the 'sign
6 Your Honour.
11 says - - -
17 rather than five. I've put on that form that I'd lived
19 there.
26 Patricia Cressy.
9 2007. Now this shows that as at, I think it's the date
10 that you witness these, Your Honour, not the date of the
11 birth.
14 it?
18 Exhibit C.
20 is - - -
31 the same story of Your Honour. How did she still have
12 right from around the time that her middle child was born
15 2001. She has a low rent lease, those premises from the
16 Salvation Army.
21 Did the Salvation Army not mind that an asset that they
30 chief.
31HIS HONOUR: I don't think there's any evidence that her tenure
10 that - - -
6MR JOHNSON: Thank you, Your Honour, because you did note that
8 pregnant.
9HIS HONOUR: I think at p.117 she said she moved there in 1999.
11MR JOHNSON: But the Salvation Army kept short term emergency
19HIS HONOUR: It's not clear on the evidence rather than from
20 what you say from the Bar table how long she had that
21 tenancy for.
25HIS HONOUR: She did say at p.231 that in the first half of
27 Avenue.
9 did live there and live there with her he lived there
17 Yarra.
24 Endeavour Drive" - - -
5HIS HONOUR: I'm just trying to read it. Your driver's licence
17 photocopy. Was it - - -
23MR JOHNSON: But, Your Honour, what this does and firstly I
24 say, look - - -
31 I lived.
3 plaintiff.
14MR DEVRIES: Sir, this is clearly evidence from the Bar table,
15 Your Honour.
28HIS HONOUR: Just a minute. I've just got to find the page.
3 safe.
5MR JOHNSON: Yes. And I'm submitting that it might not be safe
11HIS HONOUR: Now, what you've said here is at 906 Line 20 you
16MR JOHNSON: Your Honour, what – Your Honour, please, what was
17 the date that that licence, the expired one was issued?
22MR JOHNSON: That was the expiry date. What was the issue date
31HIS HONOUR: Yes, what you said was these are normally issued
4 point - - -
6 originally issue.
12MR JOHNSON: The plaintiff's case, for her to get up, she must
17HIS HONOUR: Well I don't see why the Briginshaw standard comes
24MR JOHNSON: I thought that the more serious the allegation the
29 Honour.
17HIS HONOUR: Well, I don't need evidence from the Bar table. I
24 photocopy.
30 permit - - -
17 Dorrington - - -
21 months.
23 909 - - -
10 Mr Johnson.
14MR JOHNSON: I thought you were agreeing with me, Your Honour,
19 at Bourke Street.
22MR JOHNSON: The key point, Your Honour, was that 166 Queen
5 case, Your Honour. You can take all of this out of it.
6 I could have just sat here mutely for two days, four
20 case? Did she ever have a case? Did we, the plaintiff's
27 costs.
18HIS HONOUR: Just focus, and don't worry about playing the man.
20MR JOHNSON: Your Honour that's the credibility issue, the man
21 I have been played - this man has been played right from
30 lived. She has to prove her case. She doesn't even need
2 limited her claim to within the two years, and the two
6 about who lived where, when, why and what during that
13 Baumgartner v. Baumgartner.
6 don't know how you dispute that with DNA, but there's
23 the video? Where's the guest list? Was Miss Cressy even
3 February 00.
9 1999, stuff from the turn of the century, way outside the
12 November 2007.
21 legal and de facto man and wife, and that was a decade
30 extraordinary.
6MR JOHNSON: They had some video tape. A 65 year old man. Do
7 existence of a relationship.
18 Medicare card.
12 different document.
14 her diary.
26 – was born one day before Mum was born, Your Honour.
27 There's the - - -
29 Your Honour - - -
31 Your Honour - - -
5 objection.
19MR DEVRIES: I'm more concerned that he's wasting a great deal
28 Bar table that aren't in the evidence that does waste and
31 simply try and distil out of what has just fallen from
11 led - - -
8 considerable difficulty - - -
11 of that.
22HIS HONOUR: I can't find it but it's not to say you didn't ask
10 but - - -
24 that Mr Cockram - - -
3 That was all news to me. That they were in a long term
7HIS HONOUR: No. She said she understood there was some sort
20 to - - -
3 say for how long that was. That's how she explained how
4 she knew who he was". And then I asked for how long that
14 Question - - -
16 Honour - - -
17HIS HONOUR: Question: I suggest to you that she told you that
20 recall".
22 well how did you track down Mr Cochram and he was tracked
25MR JOHNSON: And his home location so that the time that
30 police - - -
14HIS HONOUR: Well how do you say that from that document?
15 Intervention order - - -
17 20 January 04 - - -
24HIS HONOUR: It's not suggested that the stalking only went on
9 Honour.
12 Exhibit F, I believe.
19 evidence.
9 where the right to silence exists and the like and the
22MR JOHNSON: I'm also submitting that I don't even need to make
12 her number but not her name. A week later we're living
23 the garage under the mess on the Boxing Day. I'll take
12 person.
22 about after she and her friend Kim, who it's common
25HIS HONOUR: I don't think there's any common ground, but what
3 easily. I told him I'd like to find out more about the
11HIS HONOUR: This looks like a fictional work. Do you say this
13 happened?
16 my story.
23 taken over for the time being his mother's job as the
6 that she had a confirmation name, I'm not even sure what
9 confirmation - - -
25 he next?
7 got to say it, she can't lie straight in bed let alone
26 attacked - - -
27HIS HONOUR: I'm not attacking you, I'm warning you that if you
29 join the Bar and you behave like this, you'll end up in
22 diatribe.
22 This document - - -
3MR JOHNSON: It goes on Your Honour, "The police did their job.
9 Too gory".
15 Your Honour.
16HIS HONOUR: I'm not saying that, I'm talking about the
22 you for that, if you say you didn't have them available
27 just stick to the point. You say this document which you
14 with various other men, including men who dined with the
21 just want to point out some other things about the story.
28 Line 26, her mother became aware that she was working as
6MR JOHNSON: The question is well at what point in her life did
8 credibility, because - - -
20MR JOHNSON: The super dingo stole them. Attacking the man,
25MR JOHNSON: No. It sums up the case, Your Honour. This super
27 from the Tax Office, the banks, the brothels that issues
7HIS HONOUR: Returning to the argument you have made which I've
10 case, you say that even if somehow they went missing she
19 Honour.
27LUNCHEON ADJOURNMENT
28