Nunzio's Backyard and Intervention Orders.

It had been a Typical Day in Courtroom 8, The Usual Consent with Admission Cases were steam Rolled through the Court, but Things were about to change. There was a Neighborhood Dispute which Rapidly turned into an Episode of Burke's Backyard and Fawlty Towers.

The Applicant couldn't Speak English and Needed an Interpreter, a dispute had occurred over the Pruning of The Next door Neighbour's Trees.



Photo's were passed between The Magistrate and The Defendant with His Honour describing how he thought the trees Needed to Be Pruned.

The applicant took the Witness Stand in Courtroom 8 and despite The applicant's lack of English, he told the Magistrate that the Defendant had told him to Get Fucked. At one Point the Magistrate made it very clear that he didn't want the Interpreter and The applicant discussing anything without tranlating it into English for the Magistrate. It reminded me of an Episode of Fawlty Towers, with the assembled people being very amused with the Court Proceedings.

After The Lunch Break the Case Continued with More Photo's of The Trees being passed Between The bench and The Bar Table, The Defendant asked the Magistrate whether he would be happy for him to get an Aboreist  in to Check the Trees.

The Magistrate frustratingly replied, I don't care how you do it, But I Take Breeches Of Undertakings Seriously, if you Don't Get The Trees Pruned in the Next 3 Weeks, then The Intervention Orders will be Reinstated and The Police could Then Become Involved. The case had taken an Hour of the Court's Time!!!.

Sausage Machine Justice & Serial Pests.

Hey, Where the hell are you??? he frustratingly gasped into his Mobile in The Foyer of The Magistrate's Court, What!!!!, Your Cars Got Battery Trouble again??, That's what you said the Last Time I came to Court only a few Weeks ago.

The Defendant had come to Court again and His Ex Girlfriend had once again failed to appear.


 They'll have to stop her doing this, because I've Lost a day's Work again. The Defendant was a Victim of The Intervention Order Pest. A Person who Rocks up to have an Intervention Order served on Someone Else and Then Doesn't come to Court Themselves.

For Some Defendants this can be a very Expensive Exercise If The Courts don't Stop Issuing Orders to The Repeat Applicant. At The Heidelberg Magistrate's Court Before Magistrate Denise O'Reilly a defendant appeared a second Time at The Court on an Intervention Order Matter, Only to Find The Applicant failed to appear. The Defendant was out of Pocket $3000 in Legal Fees. They are the Legal Equivalent of a Practical Joke, But the Magistrate's Courts allow it to Continue.

How many times in a Court will you Hear, Calling The Matter of????, No appearance by Either Party Your Honour, and The Matter is then Struck Out by the Magistrate. Valuable Police Time has been wasted Serving Orders that are simply Struck Out. One Police Officer I Spoke to said he had Served around 370 orders in a year but only about 30 were for Genuine Family Violence.

The Reason for this lies with The Magistrate's Courts Lack of Counterintelligence, Orders are issued like Confetti at a Wedding without regard for Appropriate Screening of The Applications

   The Whole Process has Become Sausage Machine Justice where anybody that Wants an Intervention Order Gets One. When The Matter then comes Before a Magistrate, The Goal is to get the Defendant to Consent to the Order without Admission. The Defendant who wants to save Time and Money then Simply Agrees to Consent Without Admission. The Magistrate is Pleased because he doesn't get Bogged Down in a Contested Hearing. The Whole Process is Like Buying a Hamburger, it's Quick, It's easy and Doesn't Cost very Much.


The Magistrate's Court has just churned out another Pointless Intervention Order that will last for 12 months. What Everybody fails to realise is that no matter what Conditions a Magistrate Places on an Intervention order, if SOMEBODY is determined to HARM YOU, an Intervention Order will Not Stop Them.

As Nicholas Cowdrey The Former NSW DPP said, we Need Smarter Laws not Tougher Laws. Unfortunately this Doesn't happen in Victoria where we have Intervention order Laws So Draconian that even Reinhard Heydrich would be impressed with the Legislation.

Son, I Don't want you going out with The Woman Next Door.

I can't Believe She Got an Intervention Order against Her Son!!!, The Barrister Told Me.as he related the Story to me in a Melbourne Magistrate's
Court. We Had a client who was going out with a Woman who Lived Next Door To His Mother, So mum Goes down to The registrar's Counter at the Local Magistrate's Court and gets an Interim intervention Order Served On Her son.

 We advised Our Client to Consent to the 12 Month Intervention order without Admission Because it would Cost him Over a Thousand Dollars to Contest It and it would be 3 Months before The matter Could be Heard by a magistrate at The Court. Our Client didn't Really have any Other Options. If He wants a relationship with this woman He'll have to do it at Least 200 Metres away from His Mother's Place or until the Mother accept's her Son's Relationship with Her Next Door Neighbour and they have the Order Revoked.

These Types of situation's happen Regularly in Victorian Magistrate's Court's, The Defendant doesn't really want to spend his hard Earned Money on an Expensive Contested Hearing and The Magistrate doesn't want to sit through a Contested Hearing and Usually advises the Defendant To Consent Without admission to the order anyway.

 As One magistrate Commented, I don't really want to become Bogged Down with Contested Hearings.

How People Give Misleading Evidence to a Court.

The Respondant to the Intervention Order headed off To The Hotel To watch The Big Game, The Mighty Saints versus That Bloody Collingwood. The Hotel had Foxtel and a large Plasma Screen and their were Plenty of St.Kilda And Collingwood Supporters There To watch The Big Game. The atmosphere was Fantastic. It was a Great Game with plenty of Cheering From The Hotel Crowd and The respondant and Everything was set for a big Last Quarter.


At 3 Quarter Time Of The Match into the Hotel walked the Responant's Ex Brother-in-law and a group of Friends from The Local Ballroom Dancing Academy. As the Place was packed the group sat at a table near the bar, away from the Footy Mob.


The Respondant went to the bar and got himself a drink to watch the Exciting last Quarter but Just to Be Vindictive the Ex Brother-In-Law reported this so Called Breech of an Intervention Order  to the local Police.The mighty Saints won The game, Much to the Disappointment of the Collingwood Supporters

Sometime later The Respondant sought a variation to the intervention order issued by his ex Brother -in-law and the Matter was Heard By Magistrate Denise O'Reilly at a Magistrate's Court In Melbourne, His ex Brother-in-law took an Oath to Tell The Truth, The whole Truth and Nothing But The Truth, Which Didn't happen.

Has There been any Breeches of Your Intervention Order asked Magistrate Denise O"Reilly, Yes There Has Your Honour, He Replied. I Went Down to the Local Hotel with a Group of Friends after the dance closed and i was approached by the respondant while sitting with my friends having a Drink, Was He with Other People asked  the Magistrate, no he was by himself and he didn't immediately leave the Hotel.

Magistrate O'Reilly advised  The Respondant, that Despite the Hotel being a public Place, He should have Left because the Intervention Order only applied to the Respondant and Not The Applicant.

This was Not The Only Time The Applicant Misled The Court, The Next Time was by using a Fax Machine which led to an Unbelievable Outcome.

When The respondant arrived at The Magistrate's Court, His Barrister Advised Him that a Fax Had Been Sent To The Court asking That The Matter Be Adjourned Because the Other party was Interstate. He also said that the other party had asked That The Matter Be Heard By Magistrate Denise O'Reilly.


 Much to the respondant's Disbelief  The barrister Advised him that the matter Would Be Heard By The Magistrate they had Asked For In The Fax.

The Matter was then Adjourned By Magistrate Denise O'Reilly so she " Could hear what Abuse Had Taken Place". It was obvious that a decision had already Been Made.

On Any Fax That is Sent, There is alway a Fax Header with the Name of the sender of The Fax. When The respondant arrived Home from The Court he rang Directories for a Phone Number for the Company's Name and was given a phone Number of a Business in Oakleigh.

When The respondant rang That Number, Much to his Surprise it was answered by The Other Party, who was not interstate but was at work in Oakleigh.

The Respondant rang his Barrister To tell him Of The situation. Sorry we can't use That Evidence, Why asked The respondant???. If you get up in Court and Give Evidence that You rang The Other Party at His Place Of Work. It Is Highly Likely that Magistrate Denise O'Reilly Will Put You In Jail For Breeching an Intervention Order, I'm Not Going to Let You do that and end up in Jail.

Yes Folks there are many and varied ways that people give Misleading Evidence in Court and They Get away with Doing It very easily. That's What happens in Courts In Victoria and Other Places too and they are Never Charged for Giving False and Misleading Evidence.

Please Help Me, Your Honour.

The Woman Sat Quietly, But Nervously In Courtroom 8 in a Victorian Magistrate's Court waiting for Her Intervention Order application to be Heard. When Her case was called she moved to a seat at The Bar Table, Is The Respondant here today asked The Magistrate, No The Woman Replied he's in Jail.



Oh Yes Said The Magistrate, He's in There For Armed Robbery and Firearm's Offence's is that Correct, yes said the Woman.

What relation are you to him???, he is my ex Boyfriend and I have Moved well away from Melbourne and he has absolutely no reason to come to that area and I am seeking an Indefinite order, because i am really scared of him as he has access to Firearm's.

As I sat at the back of Courtroom 8, I was shocked when The Magistrate told the Woman that the respondant had a right to Contest The Intervention Order despite being in Jail, I'll Have to adjourn this matter to The Dandenong Magistrate's Court as we don't have a Court Video Link Here. The woman Told the Magistrate that she would have to drive a long way to Dandenong and Didn't want the Respondant to see her on the link and she Didn't want to look at Him Either. That can Be arranged said the Magistrate.

Very unhappy with the Court's decision, she left Courtroom 8, Later on I saw the Woman in The shopping Centre Opposite The Court, I Told her that I Thought the Magistrate's Decision was wrong and he should have automatically granted her the Order She Wanted.

All My Ex Want's is a day Out Of Jail, but it will cost me a lot of time and effort to get to The Dandenong Magistrate's Court. I wished Her well and i hope The Court's Eventually grant you the Order you are after.

The Crazy Ex- Wife.

The Bride And Groom were Busy Finalising Plans for TheIr Wedding in Just A Few weeks. Everything was going To Plan and their tickets were booked for their Honeymoon, Invitations had been Sent Out and the Couple were Really looking forward to a happy Life Together, but there was something they hadn't planned on at all.

There was an Unexpected Knock at The Door and Standing there were Members of The Victorian Police. We are here to serve you With An Intervention Order.

How can this be, replied the Groom, I am not a violent man and have Never Been Involved with The Police Before. Sorry, You'll have to read the Order Sir and attend at The Magistrate's Court.



On Reading the Order, it was an Interim Order From The Groom's Ex Wife who he hadn't seen in a long Time, I spoke to the Future Groom near the Registrar's Counter at the Local Court, The Groom said to me, My Ex Wife has Found out that I'm Remarrying and has issued an Interim Order Just to Upset my wedding Plans. I have no wish to be in Contact with her, I have moved on with My Life and My marriage is in 3 Weeks.

Yes Ladies, if you want to Upset Your Ex Husband, just roll up to the Registrar's Counter at a Victorian Magistrate's Court and you can instantly annoy the shit out of Your Ex. The Friendly Registrar Staff will Bend Over Backwards to give you all the advise you'll need to be a first Rate Bitch and it's all free. I Don't Think The New Bride and Groom will be sending Tracey's Mob a Thank You Card.

How To Breech an Intervention Order while Swimming

A Magistrate's Court in Melbourne issued an Intervention Order to an applicant with the Usual 200 Metre Restrictions, The Defendant had been a regular Gym Junkie at a Gym around the Corner from Where the applicant Lived, Even Though the applicant was not actually in the Gym or Pool area at the time, they would ring the Police anytime they saw the defendant's car in the Carpark Of the gym.

The Situation became farcical even when the defendant had a swim.in The 50 Metre Pool, the applicant told Police that the defendant was actually Breeching The Intervention Order because one end of the Swimming Pool was within 200 Metres of the Applicants Rear Fence, What was the Defendant supposed to do in This Case???. Swim halfway down The Pool and Then Swim back so as to Not Technically Breech The Order.

Could you imagine what the reaction of Other Swimmers when the Defendant suddenly stops halfway down the laplane.


The Defendant found about these Complaints after the Police Knocked on his Door saying the Applicant had made a complaint to them and they were shown maps explaining that part of the the Gym was within 200 metres of their place. The Defendant went to the Local Council and was told he would need a surveyor to accurately measure where the 200 Metre Restriction Ended.