11 j Nicholas

3 Child abuse
4 Abuse continues
5 Our concerns
6 Politics
8 Newcastle Uni
9 Puplick - Rice
10 whispering Judge
11 j Nicholas
12 Federal court
13 Allsop - Branson
14 NSW care
15 Organized work
16 Out of time
17 Vexatious Litigant
19 Hague
20 Centrelink Injury
21 to make NSW home?
Tuesday, October 28, 2006       PROCEEDINGS 20372 / 04 

 SUPREME COURT    The Honourable William Henric Nicholas QC

  SUPREME  COURT   SYDNEY       NAME                                   PHONE     

 JUDGE                                     HON J NICHOLAS            02 9230 8059

Justice William Henric NICHOLAS


Judge in the Supreme Court


Justice NICHOLAS, I ask you to rise and to take the oaths of office, the oath of allegiance and then the judicial oath
I’m told that as long as my case is ‘active’ in the Supreme Court in Sydney, I cannot lodge the same case to another Supreme Court. The same matter cannot be heard in two different courts in the same time. As it was obvious how much power Phillips-Fox has in the court and the way they run ‘Hearings’ or however they call that process, I decided to close my matter.

Firstly I could not proceed in this Court, as I found extremely difficult to be FORCED to witness disrespect towards the Court and the Judge at every Hearing.  Phillips-Fox was in charge – not the Judge. When innocent people come to the court to address injustice (despite the possible outcome that we might agree with or not) we need to feel SAFE. Judge is there to make that happen. How secure I was, that was up to the Philips-Fox. Judge could not protect me.

Secondly my health was the barrier as that was CLEARLY the card Phillips-Fox were playing. I could not go along accusing the Defendant of the crimes they did and in the same time witnessing the defendant legal Rep to do the same. It was extremely stressful. 

I knew how court proceedings look like.I knew it would be difficult without legal presentation to go against the most powerful legal firm in Australia but I was ready for that. If they are that smart, good for them, I was in peace with that. However the Hearings were not opportunity for Phillips-Fox to use their skills to win this case - their strategy was based on felony, perjury, and breach of any Policy that stands in the Supreme Court. I did not know that those things can happen and did not know how to deal with this.

Maybe the hardest part were complains to the Chief Judge and his passive approach towards my case.

I did not wish to attend any more Hearings.  Despite letter to Judge Spigelman informing him of my decision, Phillips-Fox would not let me go. When I stop coming to Hearings they would set-up the next Hearing in a month or so, so my case was active. I did not have the choice.


After 25 months in this court I was given opportunity to have the Hearing in front of the JUDGE. I did not know that every person introduced to me as the Judge actually was Ass or Master. Even when the direction was made for the Judge and the Jury the ‘Judge’ put in charge of my case was the Master. This Judge, in front of me, was the first Judge I was allowed to have. For those 25 months I was kept in belief that I had a Judge in front of myself. That was never the case. I found this detail from the barrister I was just chatting in the waiting room, before my case was heard.

My case was on the Hearing list - wrongly spelled but it was there. The courtroom was full of clients, lawyers and Plaintiffs. I could not believe that I would have the chance to speak to the Judge.

Defendant legal side arrived – this time it was 3 of them. The new lawyer I have meet last time, the Councilor I raised allegation against and the third person who was of great concern to me.

As I was waiting to be called this man would come closer and just gaze at me. It was frightening. Councilor and the lawyer were in the Courtroom, but this man was in waiting room. He did not approach me nor said a single word to me nor was intimidatory-close, but he was looking intently at me. He was very tall, huge man, his presence was disturbing and all the fears about Authority, abuse, just made me panicky.

The Judge called my case at 10 am. The Councilor replied on Uni behalf than I told the Judge that although I am closing this matter I would like to tell the Court why I am taking this action – you can not JUST lodge the case than out of blue moon decide to withdrew. This is the court.

Judge felt uncomfortable about my statement.
JUDGE    How about if you let me to finish few things than I will hear you later.
 PLAINTIFF  Your Honor I will be brief there are few issues
 JUDGE    Don’t go far, I will call you soon.
I did not understand what his Honor meant by “few things” I thought I’m one of those ‘things’ so I ask
 PLAINTIFF  – Your Honor when that would be? You mean today or…
 JUDGE    Yes, today, just little bit later. Don’t go far, I will call you soon.
  WAITING ROOM                                                I took the seat in the waiting room. I did not know that “the soon” would be after 1pm.

Every now and than Councilor and the lawyer on the way out for breakfast or brake briefly told me what’s happening in the Court. I did not wish to have any contact with the Councilor. My understanding was that if you have criminal record you cannot be in the Court in the role of barrister. I accused this Councilor of serious breach of Law, despite my accusation Phillips-Fox sent him to this Hearing, like ‘nothing happen’. But it did happen and his edgy attendance, desperately trying to be ‘cool’ told me how serious Phillips-Fox took my allegation.

The man of concern would join the ‘Team’ from time to time. Three of them would go behind the corner out of my eyesight whisperings, than this man would peek at me than again three of them would hide behind the corner in the waiting room whispering.

After the lunch the ‘Team’ went into the courtroom and I was waiting in the waiting room for the Judge to call, as it was only one case left. But this man stood opposite of me and was looking firmly right in my eyes. I was alone with him, everyone else went out as the last case was in front of Judge and there were nobody except two of us in the waiting room.

I tried to avoid his glare, felt so uncomfortable in my skin and he knew how I felt. It was obvious. He was not ‘into’ Hearing that was crystal clear, BUT was with the Phillips-Fox and I was the subject of their interest. I finally look straight in his eyes. To me, at that moment, this man looked exactly like Contract Killer from the murder mystery. I was craving to tell him that when you lose your children there is nothing else to live for. And if his job was to remove me – can he do that quickly?  Don’t let me suffer I have had enough. That’s how much I cared about my life right there. .

As his presence made me anxious, I went into the Courtroom.

  DEFAMATION HEARINMG                                   JUDGE had finally call

  JUDGE     So, there is some email of concern…

I could not believe what I was hearing. For those 2 years, nobody ever asked me about defamatory email, how that affected me, what it did to my husband, the trauma that my older daughter went through when accidentally read the defamatory email left open on my desk, my younger daughter distress and trauma of divorce, separation of our family, financial difficulties we went through and the sell of our house, place where we were so happy. I could not believe that although the Court room was empty – only the 2 people and the courtroom staff with the Judge were there – I will finally tell all of that to someone who is an expert in defamation and understand the consequences.

Everyone in university knew about the truth, about abuse of students, about my case – but when email were sent to reach as much staff as possible many academics could not believe that the department might possibly go that far, none of them knew for sure that the email was defamatory

 DLA PHILIP-FOX  – Your Honor, yes the email sent to Judge Spigelman dated
 PLAINTIFF  – What email?  
 DLA PHILIP-FOX  –The email sent to Judge Spigelman dated Tuesday, September 26, ‘06 where you stated that you wish to close this case
 PLAINTIFF  I sent few emails, please read the email in full so I would know what email    To HON JUDGE SPIGELMAN
 JUDGE      You cannot make an orders here or to tell Councilor what to do
 PLAINTIFF  I  apologize
 JUDGE  The email of concern is addressed to Judge Spigelman dated Tuesday, Sept 26, '06
 PLAINTIFF  O, those emails. Can you read it please?
 JUDGE   you cannot ask the questions here. I’m the one who ask
 PLAINTIFF  I  apologize your Honor. May I read the email in full?
 JUDGE   No, because that is not my concern
 PLAINTIFF  So, I wish to close this matter in your court and you do not wish to know why?.


 JUDGE   As I said you are not one who asks the questions
 JUDGE  Well.. even if you read it would not make any difference.
 JUDGE   There is no point to read it,
 JUDGE   It will not change a thing…is that obvious to you?
I did not know how to ask without asking but I knew I had to ask.
 PLAINTIFF  'Yes your Honor however it would make me feel much better, I would be grateful to be given opportunity to read this email'
 JUDGE   No.

 PLAINTIFF  I understand it will not change what you have already decided however I would feel much, much better It would mean a great deal to me Your Honor?

I took the email in front of the Councilor and read it very slowly. After every sentence I would look at the Judge but his head was down
 1 Decision   

Due to lack of trust re; Court Proceedings,


Duty of Care and

Credibility of the Supreme Court in Sydney I have decided to close my matter 20372 / 04

 2.  Court Expenses 

I refuse to pay any Court expenses due to the breach of the Policy and the Contract between the Court and the Plaintiff

I believe that you, Your Honor, President of the Supreme Court, owe me reimbursement for the breach of agreement. However being aware ‘how system works’ and ‘who system protects’ I expect that I will never see the Justice in your Court. I will take this matter somewhere else

On the other hand - money is money and someone has to pay the bill. I am sure that you will take some actions in an effort to force me to repay the huge costs that University acquires

So, Hon Mr. Spigelman – do me a favor, take me to Court with the Judge and the Jury. Please involve Police and allow that this crime that happen in your Court be fully investigated 

 DLA PHILIP-FOX – Your Honor we wish to pay all legal expenses for the Plaintiff
 PLAINTIFF  Your Honor I have made serious allegation and statements in this email. I ask for your response towards allegation I have raised
 JUDGE   That email is not my concern.

 DLA PHILIP-FOX  Your Honor we wish to pay everything. About the defamatory email from Jo Gaha it happened 6 years ago, long ago It is status barred out of time

 PLAINTIFF  Your Honor would you please respond?
 JUDGE   If defendant wishes to pay legal costs I will allow that
 PLAINTIFF  I refuse that offer and University do not have any right to do that without my consent. The bill should be forward to my address and when and how I’ll pay it is between the Court and me
 JUDGE   Ok, if you do not wish defendant to pay your bills, than, I will not make any order regardless court fees
 PLAINTIFF  Who will pay the bill? Don’t you think your Honor that I should be punished; as it looks like that Phillips-Fox won this case?
 JUDGE   In this court we do not punish people.
 PLAINTIFF  Councilor I need to ask you what is the outstanding amount that you wish to pay for me
 JUDGE  You do not need to know that and the Councilor do not need to respond. However I need to say to you that you should be grateful
 PLAINTIFF  To whom and what for?
 JUDGE  To the University for their willingness to pay the fees for you
 PLAINTIFF  Your Honor, those people are criminals – they are supposed to pay.

The statement Judge made stunned all of us. The Judge kept talking but everyone in the Court were in shock of what he has said. Everyone. I looked at the Councilor – even he picked up

 PLAINTIFF  Your Honor, the crime had happen, you cannot make me silent, and you cannot silent the truth.
 JUDGE   So you wish to close this case. Do you understand the consequences of that?

 PLAINTIFF  Your Honor I wish to close this case in your Court. But case is not finished. I will reopen this case in another state. The case is closed but not completed. I have received the information that the PM Howard instructed every state to ignore my case, every Judge is instructed to NOT reply to me, but I’ll not gave up. I’m not giving up.

 JUDGE   Ms Simundic, that is not my concern. What I’m asking is to confirm that your decision is to close this case? Is that correct?
 PLAINTIFF  So, you are part of this injustice. Your Honor I tried so hard to talk to you with respect you deserve, but it’s very difficult. 

I suddenly got a horrible headache. I have never experience pain like that before. It was simply reaction – culmination of all the injustice and the crime I had to put up with. It was just too much. I press my head and felt that I was crying actually, the pain was so strong that I even did not noticed that I was in tears.There was nothing else to say. I did not wait any orders, anything; I thank the Judge and left the Court.


Two days after the Hearing, on the 25th October I went to Registry and requested to see my file. If nobody WAS keen to tell me how much money is outstanding than I will find out myself. The only person in that Registry I raised allegation against was Ms Greenwood the Principal Registrar. However, whenever I made complain about her, she would cover herself with: “I am aware that you made allegation against my staff and me”. But it was obvious to everyone what she is doing. The staff that works in the registry always were very professional and behaving strictly by the law. Ms Greenwood was only person who did not care about policies, what she was supposed to do or not. She made her own Law and she acted accordingly 

So the staff behind the reception desk told me that I have to “seek permission and after 24 hours I could come to inspect the file. That is the law – I cannot breach the law.”

 If nobody else want to breach the law than I requested to see Ms Greenwood. She is the Registrar who breached every single policy that exist so I thought if she breached one more what difference would it make? When she met me I told her that I wish to inspect my file but the staff behind the counter ‘make problems’. Would she be able to do something?

Ms Greenwood went tosee the staff I was talking with, exchange few words than returned to me saying, can you wait 10 or 15 minutes till they brought your file?

I told her that I’m deeply grateful for her actions

She did not make light of it; she breaches the law every single day. She told me: “Your welcome”.

After 15 minutes I was given the huge file. I asked the staff who was with me when I made inspection few months ago; is she sure that this is my file?

She told me ‘probably not, as far as I remember your file was all mess and very thin. Let me check. Yes, Vesna this IS your file, but that is not possible, did you add more documents? 

 PLAINTIFF  I was not here from March. I gave Judge James few documents. Rest of the  documents he included from the family Court file – but this is enormous

Again staff acted professionally

 STAFF  Vesna I am not allowed to inspect your court file and I cannot make any comment.

 PLAINTIFF  I understand that but you need to tell me who had access to my file

STAFF –  According to document infront of me -only you

She did not make any remark but she was taken aback as well as me. I opened that big folder. Inside was few folders, properly marked, dated, with the stamp of the registry, the date when it was lodged and inside every folder was every single document I ever handed in. Every single document was there, even the ‘cuts’ from newspaper that I included related to change of policies. The folder was neat as neat as it could be; now when my case was closed.

 PLAINTIFF   Can you tell me how much are the legal fees?

 STAFF  No, I’m not allowed to do that. You have to talk with duty Registrar and he will instruct you or me what to do. Or you can go to see finance manager and ask her if she can assist you.

I told her that I would return


 I asked the Manager what is outstanding amount and her reply was that only 2 bills are not paid added that she couldn’t give me further information. She instructed me to see the Duty Registrar and told me that in my file on every bundle of documents, should be stamp with date of payments and costs. I told her that nothing is paid, as Judge did not make any order regardless the fees

Finance Manager  That is strange. There are only 2 outstanding amounts, but that is all I can say.


Duty Registrar has the same approach. I was not told about the invoice and how much, instead I was told that is very hard to obtain that info, it would take ‘years’ to collect all the bills…

 I asked the Manager what is outstanding amount and her reply was that only 2 bills are not paid added that she couldn’t give me further information. She instructed me to see the Duty Registrar and told me that in my file on every bundle of documents, should be stamp with date of payments and costs. I told her that nothing is paid, as Judge did not make any order regardless the fees

I returned to  see the folder and to my surprise I found that every few months university paid outstanding bills, MY BILLS. They paid on a regular basis just last two bills were not paid. However on the top of one folder was Ass Harrison’s statement that outstanding fees are ‘held in reserve’ until final order. Under her statement was application filled by me ‘seeking that the cost be reserved on the basis on my financial situation and paid by the party who’s defeated.’ My signature was there.

The Judges knew that the fees were paid – but they continue to threaten me with the bills.

Finally the folder that Councilor had tried to put forward to the Judge James and me  (the offer we rejected on the basis that it was not properly handed through the registry) was right in front of me. There were no stamps, no signature of any staff behind the Registry – no evidence that it was lodged properly according to the law and the policy of the Supreme Court.

 PLAINTIFF  I’m sorry, I need to ask you who put this folder in here, there is no stamp of the Registry, and I did not do it, than who  had an access to my file?

 STAFF  Everybody who wish to include document have to lodge over the counter have to be sign by JP, have to be stamped by S.C. stamp. Judge has right to see your file anytime.

 PLAINTIFF  Cannot be. Every document that Judge took on the Hearing date was stamped with his signature. There is nothing on this folder. I need an explanation.

But this was hard to explain so she returned to her desk.

So all of this what happened in the S.C. was a game for the Judges and Masters. I was never supposed to be given Judge and the Jury. Those 25 months of my life was ‘fun’ for the Court and the University was paying regularly ‘the ticket’ to attend this Game. Everything that happen was fake, the Court knew and almost certainly planed with the Phillips-Fox all of this. For them I was not a person. I was simply mentally ill migrant and the subject of ridicule. Nothing else.


SUBJECT: 20372 / 04 VS v Newcastle Uni -

  March 2 '06   


ATTENTION: Chief Executive Officer and Principal Registrar: Megan Greenwood 

Dear Principal Registrar, Ms.Greenwood


As you may recall I have contacted you a few times. As you could not help me I wrote a letter of complain asking you and the Registrar to forward it to the Justice Spigelman. I had a serious concern about the progress of my matter, the way Phillips-Fox behave towards me and ignore any order made by the Court. I asked Justice Spigelman to overlook this case as many statements made by Registry Officers and Ass Justice Harrison did not seem professional and correct – something I have confirmed by solicitor/s when asked for independent advice. I assume that Justice Spigelman never received my letters

As you know Phillips Fox stated once that they will not respond on any of my allegation and so far they are true to their promise. I have made complains about this too (none of those complaints were in my folder)

Their behavior towards me is absolutely inappropriate and unprofessional. In the beginning I would respond to their emails and letters out of courtesy – but I have stopped doing that. As Hearing on 11 May is closer, documents, folders, emails and affidavits that never were hand in to the registry bombard me. Affidavit is sworn in presence of another lawyer at Phillips Fox and sent to me. I asked them to cease doing this and stated clearly that only documents proper handed in to Supreme Court will be read by me. It did not help. I received more than 300 copies so far (all of that are my letters and emails sent to University)  

I am told that those documents are documents on what Defendant will rely and the same (that’s what they claim) will be handed in to the Judge one day before Hearing. It appears that all of this will never be proper handed to the Registry and what will be given to the Judge will not be investigated. I have never heard something like this before nor I have ever heard that any Court allowed this to happen. I assume that the Judge will seek an extension to read all of this, so the next Hearing might be postponed for the next year

I was left with an impression that all of that was done in an attempt to destruct me from something and as the only thing what is left is my folder in the Supreme Court I decided to inspect.

On Friday 24th January ’06 I went to the Registry and asked for an access to my file. I did not wish to send fax prior this request as I had some uneasiness about my matter in general. I told the staff there that I refuse to go until my folder is brought to me for inspection. I left my folder with the documents that I brought with myself on the counter. I had mobile and keys only.  

My folder was bunch of papers, out of order, chaotic, mixed, pages were missing, my letters to Justice Harrison with crucial evidence that relates to out of time matter was not there. Nothing was the way it was handed in – numbered and sorted by the date. For this accusation you might find some explanation and protect whoever did this.  

However, the most concerning issue were 2 Notice of Motions with attached documents. One was my affidavit with the papers of how my matter was handle by Mr. Puplick, Mr. Barbour, Mr. Debus, Mr. Rice and finally Ass Justice Hennessy.Those attachments are important and I intended to rely on it at the Hearing. Affidavit was gone, some of the attachments were missing and only one document was there – re-typed and submitted as mine.

Another document was my letter directly to Justice Harrison, the proof that I have contacted Supreme Court years ago seeking advice and was rejected. Since I am seeking extension of time that document was the basis of my argument.  I printed this emails (2 of them) in format 14, as emails were short and I wanted the Judge to see clearly on what I based my request for an extension of time. That was missing either

In the same time bunch of documents were added, copied 2 – 3 times and placed inside the folder to make it bigger and more difficult to understand

I asked who had an access to my folder and was told; except me – nobody else. When I express my concern to the staff - I was told: “That is not possible, if someone wanted any documents from your folder they would sign in here and take all folder – documents cannot be moved from here”. Before I left I have tried to put the documents in some order without much success

By the end I asked the staff to confirm that I did not take anything with me

2..On Tuesday 28 Jan ’06 I went to the Registry again. This time I have send the fax, previous day, with request for an access to my file

As I expected, SOME of the missing documents were returned. My affidavit was there, some attachments still missing. 

The most disturbing issue was the Transcript that was submitted by Justice Harrison.  

At the Hearing I asked Justice Harrison: *I handed in Notice of Motion in May or March for Hearing in front of the Judge and the Jury and so far you did not noticed that at all”

Justice Harrison replied: I didnt see it

I have raised concerns about Justice Harrison’s response, as I found hard to understand that her job is to prepare herself for the Hearing and yet, overlooked something so crucial. I made written complain to the registrar.

On the TRANSCRIPT 28/11/05 Page 6 / point 20

*APPLICANT:I handed in Notice of Motion in May or March for Hearing in front of the Judge and the Jury and so far you did not noticed that at all”

* HER HONOUR: “I saw that but I don’t have to make an order in relation to that unless you get an extension”.

What I am saying and what is written in the Transcript make one of us incorrect. Transcript is based on the Hearing that was recorded and you have an access to it. If that is missing (that can happen in the Court) please let me know.

This quote is just one of many incorrect statements that I found. On top of everything my English is presented as very poor one, words were twisted, sentences cut in half to sound “bizarre” and the entire document I found very ‘premeditated’ act. All allegation I have made that involves many powerful individuals, were not there and the name of The Attorney General, The Honorable Mr. Bob Debus is change into Bob Davies. To attend the Hearing with what was there – I do not have the chance.

I believe that you in your role as a Principal Registrar have left me down for not acting on my very first complaint. I do not need to tell you how this act made an impact on my emotional health. Although I learned and experience wrongdoing of the Courts through ADB and ADT and this time was more prepared than before – it did upset me till the point that the staff at Registry were concern how will I travel all the way to Newcastle “after this”.

I am financially disadvantaged. I cannot come to Sydney on a weekly basis to make sure that my folder is in order and that something is missing or that Transcript is not “interfered”. I believe that you should address those concerns. I see this ACT as an attempt to obstruct course of justice. I cannot make more serious allegation than this one. People are taken to Court and sentenced for similar acts. However we both of know, nobody will ever take responsibility for this.

I have asked you to respond to my concerns and you did not, so I will not ask again. To ask you to protect me from this, to give me advice of what to do when the Law is breached or to ask you to let know The President of the Supreme Court what has happening in His Court – I was rejected before – You will reject me again.

This letter is sent to the Justice Spigelman – not to his secretary – but to Him. It will reach the President of the Supreme Court this time with or without your help. Thank you in advance ( CC  sent to High Court, PM Howard, Att Gen )


I am writing in response to your letter received by the Chief Justice on 15 May 2006. The Chief Justice asked me to write this reply on his behalf. You had written to the Chief Justice requesting that he comment on a number of issues  pertinent to your proceedings 20372 of 2004.

It would not be appropriate for the Chief Justice to comment upon these issues or to try and intervene in any way on your behalf. Judicial officers may only consider the cases they are currently hearing and comment upon those cases in the presence of all parties. This ensures that the judicial officer is not accused of showing bias to a particular party and that the courts administer justice transparently and fairly. 

Although it may be inappropriate for the Chief Justice to comment upon your concerns, there are a number of organisations, independent of the Court, which should be able to assist. For instance, I believe you have concerns about the conduct of judicial officers in the Supreme Court. The Judicial Commission of New South Wales is an independent body, part of whose charter is to investigate these types of complaints. I have attached material outlining the Commission's complaint procedures and contact details for your convenience. I also understand that you believe the defendant's legal representative conducted themselves unprofessionally during your proceedings. The Office of the Legal Services Commissioner (OLSC) can assist with this complaint. Information regarding the OLSC's operations is also enclosed.

You had also asked the Chief Justice to respond to your allegations that I have been corrupt and unprofessional in my dealings with you. I feel it necessary to clarify that I am an employee of the New South Wales Government not the Chief Justice. The Independent Commission Against Corruption (ICAC) investigates allegations of corruption within the public sector. I suggest that you contact ICAC regarding you to lodge a complaint with them. ICAC's contact details are attached. In relation to your concerns about my professional conduct, you may wish to raise these with the Director General of the New South Wales'Attorney General's Department, whose contact details are also attached for your convenience.

Yours faithfully MeganGreenwood

Chief Executive Officer and Principal Registrar   (of WHAT and WHERE?)