Ok - finding out more about this arbitration system we are being entered into without knowing a thing about it. Sammy and I are supposed to turn up to court in February at the Federal Circuit Court, so I did some research on jurisdiction there - obviously! federalcircuitcourt.gov.au/html/jurisdiction.html Couldnt find an arbitral area listed - In general federal law matters, the Federal Circuit Court shares jurisdiction with the Federal Court in areas such as administrative law, bankruptcy, human rights, consumer matters, privacy, migration, intellectual property, industrial law and admiralty law. Hhhmmmm.. Not under bankruptcy, which I thought was the obvious choice. So on a chance, I opened up Admiralty Law - and there is was - listed as Alternative Dispute Resolution. Black & white - mediation & arbitration comes under Admiralty jurisdiction - not common law. Then I opened a document called Conduct of Admiralty and Maritime Work in the Federal Circuit Court of Australia So I read that document - extremely interesting, particularly this quote Sections 34 and 35 of the Federal Circuit Court of Australia Act 1999 provide for Court ordered mediation and arbitration (the latter only with consent). With consent!!! Remember we were threatened with gaol not so long ago for refusing to give consent, then a registrar and a judge tried to trick us to contract to this new case in a jurisdiction we had no clear knowledge had existed only a week prior to that friendly get-together!! Consent!! B******T! This is how I understand consent folks - Sue & Sam would you agree to a mediation hearing? What does that mean? Well you and the other parties have a sit-down discussion about the issues in conflict and come to a mutual agreement. How does that work in with my constitutional jurisdiction of common law? Well you are agreeing to step out of that jurisdiction and enter a UN-created model law jurisdiction in which the registered contract becomes the binding point in the event of any further litigation. In the event there is further conflict the matter can go to an arbitration, wherein you agree to a coram making the final decision. What??? As if we would agree to that - and certainly that conversation never, ever existed in any court dealings we have had. Testing my peace this matter of consent, I can tell you all! Back to the research - it is extremely clear in this document that arbitration is a thing of admiralty and right at the bottom I find a reference that in that situation, you and I are surrogate ships. Its coming together folks.
Posted on: Thu, 15 Jan 2015 09:32:18 +0000
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