Extremely experienced McKenzie Friend required for complicated PRA proccedings
Can anyone recommend a top professional McKenzie Friend specialist in Auckland.
The case is complicated and involves real estate based on a claim of a constructive or sham type trust, company that was simply an extension of a person, a business and de facto relationship. Large amount of evidence and most probably end up in HC or higher. Over $28k down the gurgler and I hadn’t even got into court fro a hearing. Had 4 FAM Court hearings since (self rep) and case going to be assigned to one judge. Been going on for year and half
Can’t borrow any more from friends/family and can’t get legal aid according to lawyers. Learnt if you provide to much factual evidence to prove untruthfulness and dishonesty in ex’s affidavits, Judges indicated and supported by ex’s lawyer to much to read and it gets struck out.
However Judge says can reapply to have parts admitted but puts hurdles in way. Don’t think lawyers/judges like self-litigants playing in their sandpit, so to speak… I don’t blame them, but I misguidingly believed it was a justice system NZ ran and not a legal system where it appears lies can be told with impunity and when you produce evidence of such, you get whacked by the system.
Any help would be appreciated… ideally need high profile ex-lawyer, QC or Judge that has seen the light:) and is now a professional McKenzie Friend specialist
Cheers
Hi Andy, I have extensive experience in dealing with the PRA in both the family and the High Court. Send me your email to [email protected] and I will forward my expertise.
Comment by triassic — Thu 9th February 2017 @ 1:56 pm
i recommend sourcing a collection agent even hire a bro a mongrel mob member who can visit the home and ask for collection and then if not received they then put up tents out the front of the home and put flyers out thru the neighborhood noting you only want what is fair
Comment by Gordon — Thu 9th February 2017 @ 2:18 pm
Hi Andy
sounds familiar . A few questions
Why do you think a specialist McKenzie friend can help as they are not able to throw any weight to the Judge and having spent $28 K already why would you continue to go trout fishing in a lake that has no trout! Personally, I am of the opinion if you have had no luck with lawyers then self represent. The law is equal only when the respondent can afford it. I am assuming you are in the Family Court? As you can not get legal aid then implies you own property either outright or through a trust. A curve ball, if you knew you would be spending that much would you have continued and if the sum in question that is under litigation is higher than the cost of obtaining a QC then use one, BUT contract him only on an hour by hour basis and do a whole lot of homework before hand. A QC doesn’t swim in the same pool as those other sharks. Finally, if you have an axe to grind then a lawyer will happily provide the stone. Hope that helps.
Comment by brent — Thu 9th February 2017 @ 5:10 pm
Hi Triassic will do. thanks so much for reaching out, but I give you a heads up, it most probably going HC and higher. over 20,000 pages of exhibits. Person needs to know the evidence, pra, trust law and discovery law, like the back of their hand along with the leading relevant Court of Appeal decisions.
Comment by Andy — Fri 10th February 2017 @ 5:33 pm
Hi Gordon thanks for the excellent advice. Just trying to minimise the collateral damage at the moment.
Yeah totally agree that is an option along with this method https://www.youtube.com/watch?v=5Vkz3opneLo and if that don’t bring some common sense into this war I’ve ended up in, then might decide to up it a bit to the next level ie https://www.youtube.com/watch?v=v71eF8HdZb8
I need to exhaust using the legal system to the end, in an attempt to see if justice is, fact or fiction, in the NZ Court system and confirm it one way or another… I spent 40+yrs dealing with courts with biz and 2 previous marriages so I know the games lawyers play well and settling cases is bad for business. I might need to take your advice and put an SOS out for a sergeant at arms naturally on a pro bono basis and Koha.
In the mean time will keep searching and making enquiries to see if a high profile ex-lawyer, QC or Judge that has seen the light:) and is now a professional McKenzie Friend specialist exists in NZ.
I’m sure Adele wrote these words specifically for me… she spot on https://youtu.be/rYEDA3JcQqw
Cheers and thanks heaps Gordon for your sound advice
Comment by Andy — Fri 10th February 2017 @ 6:02 pm
Hi Brent
Thanks for reaching out and sharing your advice so freely.
Easiest for me to stay on track and focus on replying too you I will insert your post in her and my reply between the ……… lines.
Hi Andy
sounds familiar . A few questions
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ANDY REPLY;
sounds like you been down the path I’m heading down.
been through the Fam Court twice after 2 marriages lasting 18+ yrs each. Just walked and gave them everything. The castles were for the kids and I wanted minimal collateral damage as possible. On both occasions in the Fam Court it was about the castles being sold up and the kids moving to the countryside and learning flax weaving/bone carving so to speak and definitely no cell tower within miles.. This one is no kids involved but $millions, a well know brand biz /goodwill,copyright,trusts,companies and numerious bank accounts and IRD for good measure because of no tax paid for 8yrs because of gross mismangement /disipiation and recent $960k paid in tax /penalties to date without the worms being let out of can.
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Why do you think a specialist McKenzie friend can help as they are not able to throw any weight to the Judge and having spent $28 K already
why would you continue to go trout fishing in a lake that has no trout!
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ANDY REPLY
I know the law and the facts of my case but need support in the case including court procedure and negotiating out of court with your ex wife’s q.c and other lawyers and accountants…
And just want someone to knows the laws and leading case law precedents and to be my wing man / lady and general support during this terrible ordeal!!!!
HAHAHAHAH it bloody tough going, when you looking at the judge and taking notes and referring to cases and say Cross on Evidence and the ex darling has a team of suits all smiles at the judge
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Personally, I am of the opinion if you have had no luck with lawyers then self represent.
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ANDY REPLY
I know my case backwards and the law is all available on the net.. all I ask for is a decent Professional McKenzie Friend Specialist to help me put it all together and go to court and beat those lawyers on the other side. They are just feeding on this legal war ..
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The law is equal only when the respondent can afford it. I am assuming you are in the Family Court?
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ANDY REPLY
As I get ready for round 5 in the Fam Court i have formed the opinion that apparently there are 2 courts ie legal court and justice court.. and I haven’t been in the justice court yet
I definitely know you can lie to your hearts content forcing more and more evidence to be filed in court to show the total BS to the point a Judge says he not reading all that and the ex wifes suits agree with the judge.
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As you can not get legal aid then implies you own property either outright or through a trust.
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ANDY REPLY
Yep trusts and company and bank accounts controlled by a non director and non shareholder hiding the real owners via a shares on trust, deed. Still hasn’t been determined in shams / constructive trust or company simply an extention of my ex….
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A curve ball, if you knew you would be spending that much would you have continued and if the sum in question that is under litigation is higher than the cost of obtaining a QC then use one,
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ANDY REPLY: First lawyer I had was ok as it was simple… over money ex was declaring… bank statements showed paper trail involving large sums being transferred / dispatiated. My lawyer sent my ex lawyer stating figures clearly show in bank statements my ex was total BS…
Hahahaha on my ex being caught lieing then dumps her lawyer who happens to be a long standing friend of hers and that holds herself out to be relationship prop expert etc etc and her company offers special knowledge in complicated relationship matters and trusts and company law.
Well my darling ex gets a new hot shot law firm…. and she is told by her knew lawyers no no you were just boy friend / girl friend and never in biz for many yrs….. hence 20k+pages of evidence into court and each judge rightly so goes into shock….. we still at the stage of waring over what evidence is admissible or not, and will be 3rd attempt at full and complete disclosure.
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BUT contract him only on an hour by hour basis and do a whole lot of homework before hand. A QC doesn’t swim in the same pool as those other sharks.
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ANDY REPLY
I’ve learnt settling cases is bad for business. I suppose like a doctor healing someone. But doctors deserve their money and are a credit to humanity. Amassing doctors I know simply can’t stand lawyers hahaha and one has a sister and bro in law as lawyers 🙂
It was very telling when my lawyer said get a letter from your doctor about your health problems and I can get your case moved forward. Being a good boy I go see my doc…and on telling I need a letter and why my doctor goes mental… bloody lawyers… the letter won’t do you any good, you need to be in hospital or under a specialist and I get these stupid lawyers requests all the time…. I’ll give you the letter for free and your lawyer will give you a bill for $2,000…. never did get the letter and saved $2k
YEAH BRENT condensed over 11 volumes of evidence down to a 2 volume summary and 1/2 volume of case law.
Agree regarding a QC or a senior High Court lawyer. That why I’m searching for a high profile ex-lawyer, QC or Judge that has seen the light:) and is now a professional McKenzie Friend specialist.
And to come down and knock a few little sharks around so the little sharks don’t make a mockery of the Family Court justice system.
I know my place as a LIP (as my ex wife lawyers call me) in Court and I have come to the conclusion that apparently the Judges would just wish I would bugger off and disappear, because who in their right mind would want to read so much evidence.. so I got to tread carefully until back up arrives…. The family court CMT, Deputy Registrars and front office staff have been absolutely awesome…. Trouble starts in the courtroom…
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Finally, if you have an axe to grind then a lawyer will happily provide the stone.
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ANDY REPLY
hahaha well said…. I learnt heaps studying HC, CP, and SC appeal cases….
Like all lawyers say to anyone for thousands of yrs,,, you got a good chance of winning, give me $$$$$ and lets get it on …..well well well, even I’ve learnt there are maybe 3-6 leading court case decisions that determine any situation in law… and yet even some of the cases taken to appeal didn’t have a dogs show of winning….
I don’t know why people don’t take lawyers to court under the fair trading act and rules under which lawyers operate…
The HC and up appeal case decisions are online as well as the laws
https://forms.justice.govt.nz/jdo/Search.jsp#/search
http://www.nzlii.org/nz/cases/NZFC/
http://www.courtsofnz.govt.nz/judgments
I’m praying that a high profile ex-senior lawyer or a QC or learned Judge is now a specialist McKenzie Friend Professional and lives in Auckland and our paths cross.
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Hope that helps.
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Brent, thanks heaps for making the time to write and for your advice, much appreciated
Comment by Andy — Sat 11th February 2017 @ 1:54 am
Andy i have seen this action work on many occasions , in one example group placed flyers in the street and went to the neigbours and not the actual house it created a atmosphere that was not good for the target that were pursuisng and police came and couldnt do anything only ask them to move on they did then they retunred
Comment by Gordon — Sat 11th February 2017 @ 8:36 am
Beauty advice Gordon…. the hurdle I see without securing the helpful advice and sound wisdom of a specialist “McKenzie Friend Professional” and ideally a former high profile ex-senior lawyer or even a QC/Judge, as I don’t know case law/decisions regarding this area of law. Plus there is heaps of evidence already in the FAM Court and proceedings commenced….
1. I presume I can’t use copies of docs in posters/flyers.
2. Can I name names…. Not worried about defamation/libel… it will all bring it out in the public area.
3. Was thinking of 2 more copyright cease & desist letters then going public to blow the high profile’s credibility,,,,, but that a distraction from the main battle, and why she might be poking the stick at me so to speak and through me of track…
4. What about her taking out a non-violence / harassment / loss of enjoyment order against me simply to show judge,,,, proof he an A-hole, nasty and vindictive person….
Remember, she lies, I provide evidence of her total bs in court, more bs, I provide more evidence, and Judge says to much to read, out it goes… but you can reapply to have it back,, but puts hurdles in the way ie, why,case law…. For *&^%# the Judge can see why it was provided to the court :)… judges aren’t blind
Thanks heaps Gordon for reaching out to me with awesome advice….
Memo: Where are you former high profile lawyer/QC/Judge and now a meaningful member of society and specialist “McKenzie Friend Professional”….. I calm, rational and low maintenance, I just need your helpful expert legal advice/experience and sound wisdom to for the massive battle ahead. Surely there is such a person in NZ
Comment by Andy — Sun 12th February 2017 @ 12:53 am
As any self-represented person knows this is what we all face without the same ammo as the other side.
Had to laugh 1st Judge was found to be wrong on appeal,,, but not at fault because 1stJudge didn’t have all info… bugger me days… it was about him having a McKenzie friend in court
http://www.bailii.org/ew/cases/EWCA/Civ/2005/759.html
http://www.bailii.org/ew/cases/EWCA/Civ/2001/1444.html
Memo: Where are you former high-profile lawyer/QC/Judge and now and specialist
“McKenzie Friend Professional”… There must be such a person in NZ
Comment by Andy — Sun 12th February 2017 @ 1:10 am
All good and the Best of Luck
Go to the Law Society and get a list of retired QC’s someone will know a few.A last sobering thought I cant remember his name but the head of the ADLS was a convicted fraudster 4x its somewhere on http://www.kiwisfirst.com/
Comment by brent — Sun 12th February 2017 @ 11:21 am
The guys name who was a JUDGE and a convicted Fraudster is ROBERT HESKETH
and he was in charge of the Auckland District Law Society (complaints) dept!
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=1592284
There you go people, took me a while and not sure what this clowns up to know but knowing this would you ever trust one of these pricks again.
http://www.crime.co.nz/c-files.aspx?ID=41
https://www.collaw.ac.nz/about-us/our-people/profile/robert-hesketh/
Comment by Buster — Thu 16th February 2017 @ 4:12 pm
Just doesn’t go away
https://www.whaleoil.co.nz/tag/robert-hesketh/
This guys a RECIDIVIST 4 sure
Comment by Buster — Thu 16th February 2017 @ 4:15 pm
Buster @11: Wow, so the Human Rights Commission is acting as the lawyers for a disgruntled woman! A poor discriminated-against woman who thinks women should be able to act in bad faith when applying for a job yet the prospective employer shouldn’t then be allowed to lose trust in her!
So will the Human Rights Commission provide free legal representation to every man involved in the Family Court, given that men’s and children’s human rights are routinely breached there?
Has the Human Rights Commission ever provided free legal representation to any male? It seems to function as the Female Special Privilege Commission, a branch of the Misandrists’ Commission.
Comment by Man X Norton — Thu 16th February 2017 @ 8:27 pm
I should say ‘was acting’ as the article was from 2011. Does anyone know the outcome of the case?
Comment by Man X Norton — Thu 16th February 2017 @ 8:32 pm