Monkey in a Basket Productions Presents The Objection

Monkey in a Basket Productions Presents

The Objection Process Ways to Survive and Minimise Chances of major embarrassment 8 + 1 Rules of Legal Drafting in Property Proceedings

The Why?

Thou Shalt not look like an Idiot

Managing the Objection Process

Managing the Objection Process Build into timetable Do not trust Barristers Do leave it to Barristers Review the objections Review the concessions Tell the client as to concessions Prepare a list of evidence to be lead Prepare a list of cross examination points Do not get bullied by the Court Record the outcome

BLOAT

Common Issues • • • Repeating the same facts Meaningless annexures Failure to admit documents Failure to admit facts Huge amounts of correspondence

Bob sent me an abusive text and told me he had padlocked the doors and gates underneath the house and that he is heading to Emu Park for the night. I attended the police station in Boba Street to ask for help in getting our belongings from the house. When I explained the situation to the policeman I was lectured in the reception area about how foolish I was to move into the house. The police did not assist me. They gave me paperwork to complete a DVO however I never lodged the paperwork. The policeman told me to go to the house and see if I can get in. Unbelievably Bob had left a set of keys in the back door.

Moral Crusading

When Bob and I got married, we paid for our own wedding. We had beer and wine but no spirits, although Bob allowed his friends family to order what they wanted. When I spoke to Bob about this and said we couldn’t afford this he got angry. When it was time for bridal waltz, I had to get Bob from the bar. Two days before the wedding his mates took him to the strippers until the early hours of the morning. This upset me. His mates laughed and joked. One of his mates had a go at me at the wedding about it which brought me to tears. Bobs Mother and sister Diana did no acknowledge me on our wedding day. I suffered continual emotional abuse throughout the marriage.

Bob also swears at my mother and calls her a warthog and often tells the children that he hates my mother. Enrique and myself have been persecuted by Bob’s friends his family and even some of my own family. Some friends stopped speaking to me altogether. As a result I withdrew from friends and family because I felt judged and embarrassed and I was extremely sad and depressed that no none supported me. I even stopped going to the races which is something that I had loved doing all my life. The children have told me Bob has a Spy Pen.

I sat Penelope down on the 26 th of May 2013 to talk to her about her behaviour. Penelope told me that she was angry that I am letting Bob get away with all of his lies and cheating. Bob has started to make purchases for the children however it is never in consultation with me so the children do not get what is needed for. BHP purchased the underground drilling division of BG Lucas and then BHP terminated Bob’s employment with BHP in part because of his temper.

Bob’s pay since 2011 has been deposited into a separate account he set up. He has contributed very little to joint expenses since separation. Bob has opened a number of accounts in his own name while virtually emptying my Suncorp account.

Hearsay Bob has been to the house with the children when I am not present and my neighbours have seen him peering into the front windows and walking into the backyard.

• Bob has previously earned between $200, 000. 00 -$300, 000. 00 per annum in his area of work if he subcontracts. • Bob has also spoken of operating a drilling company and has flown to Brisbane on a few occasions to meet the personnel from BHP. • Bob has discussed that with my sister, Anne.

During the week of 13 -19 November 2011 I spent one week at Camp Eden Health Resort near the Gold Coast. I did not have telephone or internet access. During my stay at Camp Eden Bob phoned Suncorp and Suncorp advised Bob that he could gain online access to my personal bank accounts. Suncorp allowed Bob to withdraw money over and above the daily limit that I had in place. Bob gained access to my personal Suncorp banking an set up weekly rent payments from my personal account. Evidently Suncorp provided Bob with a security token. I know this because Bob stated this to me when I confronted him about the money that was missing from my account in 2011. At no stage did Suncorp contact me to let me know that someone had presented to them with intent of accessing my personal bank. Suncorp continued to provide Bob with my personal banking information statements up until the December 2013. there has been an ongoing breach of my privacy. Again I contacted Suncorp and was told that they didn’t carry out a screen dump at all in other words Bob could go into the branch and get this information.

Allen Partridge and his Son Taylor Turkey. Since the purchase of the Ski Boat, Bob socialises with Allen and regularly water ski’s with him in the Fitzroy River. His son Taylor has an extensive criminal record and history of drug use and theft the children have met him on several occasions and are fully aware of his criminal behaviour. The children overhear conversations between Allen and Bob about hiding assets in property matters including his ski boat. This is very concerning for me.

Factual Foundations I was employed working for Coles enterprises as a sales executive I was earning about $60, 000. 00 per annum plus perks

My relationship with Bob started off as what I would regard as a normal relationship. That quickly changed when we purchased a house together and moved into 47 Smith Street Geebung. Bob was not present for that move. My mother drove from Rockhampton to Brisbane to assist me and support me. The first instance of domestic violence occurred on the 3 rd of November 2001 – he called me names. He would not communicate with me. He put me down in front of people. I remember the date clearly, because I attended the Melbourne Cup Race Day at Eagle Farm Race Courses on 6 November with Bob and two friends Melanie and Danny. I have photographic proof of the bruising I sustained in the indecent on the 3 rd of November 2001

Allen Bird owns Bird Engineering located at Muppet St Gladstone. Bob purchased a Ski Boat in 2014. The boat is registered in his sisters name. The children were present at the time of purchasing in Rockhampton. The children are aware that the boat belongs to their father. The boat is garaged at 3 Muppet Street Gladstone and the children water ski with their father and Allen Bird.

Opinion?

I believe Bobs own an MR 50 Motorcycle and a boat. In relation to paragraph 73 of Bob’s affidavit, I believe that due to my involvement in Lizard Industries I received a wage as well as a hire fee from the loan of the Mercedes Benz motor vehicle.

In relation to paragraph 53 of Bobs affidavit I say I want to retain the Aspley property. I. I am currently attending upon finding an institution to ascertain my borrowing capacity; and II. I am confident that I will obtain employment in Brisbane as the company that I have previously dealt with have offered me a part-time and fulltime position

Comment Or Argument

I lost my employment with Chubb Fire and security on the 25 th of February 2015 when I was made redundant. One of the contributing factors to me losing the employment was my need to care for the children on occasions at short notices despite making prior arrangements with Bob.

• At time of cohabitation Bob had a tax debt of approximately $30, 000. 00 due to unapproved investment from the tax minimisation scheme. • I contributed my income towards paying off Bob’s tax debt and this allowed us to invest Bob’s savings along with our joint savings accrued over time in real property and subsequently purchased a property by us.

I made the large majority (at least 95%) of all of the non financial contributions to the welfare of the family I was the primary carer of the children throughout the relationship. Bob‘s contributions to the children’s upbringing during the relationship was not significant by any means, however he did assist in caring for the children on a limited basis during times he lived with the family.

I am hopeful that our property settlement with Bob that the mortgage will reduce to the point where the children and I are able to live in our home and I am able to cover the mortgage myself. If that is not the case I have spoken with my bank manger who may be able to assist me with a grantor. My family have offered to go guarantors if required to ensure the children and I are finally settled in our home.

Before purchasing the Amorak, the Mercedes Benz was used by Bob as his company vehicle to travel to the coal mines. This was for the year ending 30 June 2012. The car was purchase in approximately 2017 for the amount of $60, 000. 00 for family use. The round trip each week by Bob to work was 1000 km. The amount for travel alone significantly devalued the car. Subsequently when it was sold on 26 September 2003 it was only sold for $7, 000. 00 due to the poor state of the vehicle.

Responding in Affidavits

Bob has referred to my jewellery in prior affidavits. I have some items of jewellery Some of the items listed were gifts from my parents dated back to when I turned eighteen, my parents gifted me a gold charm bracelet. It has an 18 gold charm on it. Bob has listed items, some of those items were gifted to me by Enrique. Bob also refers to a brass fire extinguisher. I say the brass fire extinguisher was given to me from work. My father loved it so I gave it to him. My father died in 2007 my mother gave it back to me. We use it as our money bank (tuckshop etc) there were a total 200 coins in the extinguisher. The US notes were left over from our holiday back in 2015

In relation to paragraph 59 of Bob’s affidavit I received an email from Bob on the 1 st of April 2015 saying that the Amorak was not his and the sale proceeds went into the Lizard Account to pay company tax; I. II. Further my solicitors wrote to Bob’s solicitors requesting particulars of that car and the sale proceeds; However it is not clear where the proceeds of the sale were distributed

What do you want me to do about it?

I have no knowledge of that employer and accordingly I require full disclosure of those details. I am seeking full disclosure in relation to the mastermind limited shares I require Bob to provide full disclosure in relation to Lizard Industries Pty Ltd. I request that Bob has all of the jewellery in his possession valued.

C O N C L U S I O N S

I am currently experiencing mental health issues arising from the abuse and violence perpetrated by Bob against me during the marriage and since separation. Currently I am unable to work as result of these issues.

The relationship lasted for twelve years, but the duration of the relationship has not impacted upon my or the husband’s income earning capacities other than the interruption of my career to facilitate a move to Sydney.

Whingeing about settlement

The Simple Check List • • Bloat Moral Crusading Comment/ Argument Hearsay Opinion Legal Conclusion Responding in kind Whingeing

Bob still retains some of my possessions and refuses to return them. Items including a photo box containing photos of my life and a large garden chair that holds great sentimental value to me. My father was diagnosed with cancer in 2007, he walked out of the hospital in Brisbane and returned to Rockhampton sat on that chair and shot himself. Bob did return my father’s ashes. Bob refuses to return the chair.

Smile It’s Time to Go Home