Donna Bugat -v- State of Victoria: My County Court Case 352 created legal certainty on 6th September 2020 in private international law that cannot be overtaken, by anyone, relating to apolitical discharges and retaining citizenships (07.09.2020)
I understand my ‘unprecedented’ County Court Case 352 created legal certainty on 6th September 2020 in private international law, that cannot be overtaken, by anyone, relating to apolitical discharges and retaining citizenships, albeit I do not personally wish to exercise a ‘right of return’ to the UK.
My case means people subjected to a County Court ‘compulsory purchase’ Order (or similar) as a child, relating to ‘adoptions’ (forced or otherwise) have the right to be properly informed, in advance, including about their absolute legal right to as adults, discharge ‘adoptions’ (which in my own case should have been discharged when I was a minor) for any personal or private reason of our choosing, without needing the consent or permission of anyone else.
“Anything that lawfully occurred as a result of your adoption - such as obtaining Australian citizenship - should not be affected by your adoption order being discharged” (which must necessarily include any other citizenships)
I am using any and all legal cases of my own across multiple legal jurisdictions to ensure full and final legal certainty is available to… everyone affected, so they can safely discharge orders, made against them as children relating to ‘adoptions’, by simply notifying the relevant court:
a) in writing or electronically including a digital signature (like those attached to passports)
b) without requiring any court hearing (because a discharge by the person the County Court Order or similar is made ... against as a child, cannot be refused by anyone for any reason)
My own identity, family and cultural heritage is priceless to me, and my home I own is in France.
I have requested the County Court make me aware of any costs they think I should pay to the Court for the stamped court copy of my notifying of the discharge of the County Court Order in Case 352 for my own personal and private reasons, and have not been notified of any costs payable by me to the Court, so my discharge can be issued and dated 6th September 2020.
N.B: Neil Kerslake who is my Welsh boyfriend who has claimed political asylum in Ter Apel in the Netherlands is obviously legally entitled to use my Discharge case in his own 'satellite litigation'.
I visited your office in Melbourne in person in July... 2019 which was over a year ago.
I am now aware I was not (ever) properly advised (including in advance) of my absolute legal rights etc, including during two meetings, with different case workers, in your department in Bourke Street, during which I have been unable to get a complete copy of the records from yourselves since that time, and during which the discharge has not happened in a timely manner.
You have the copy of the letter from my mother confirming the marriage of my parents (before my little sister Jennifer Bugat was born) and the fact I could legally return to my family at any time.
The County Court who I also visited in person last year, & DCJS referred me to legal aid who passed the buck to the Victorian Law Institute who I also visited in person last year, who never had the courtesy to reply to my 'application' to them for assistance in December 2019, etc etc, presumably because the publicly available records I subsequently discovered... myself, do reveal the law firm in the original 'adoption' were really representing the government, while I was legally unrepresented as a child.
I am not aware of any actual purpose for a further meeting with your department, at this very late date, that would in any event only further unnecessarily delay my discharge, of the County Court Order, which you are of course invited to confirm yourselves to the court tomorrow morning too.
The agreed facts are I have properly... notified the County Court in writing of... my discharge of the County Court Order from 28 May 1963 for my own personal and private reasons that I do not need anyone else's consent or permission to do, that the County Court also has no legal authority to refuse, including by creating superfluous bureaucratic obstacles of any kind, including 'application' forms, because the peace and harmony of the rule of law obviously takes precedence.
The 'process' of discharging the County Court Order made against me as child, really should be simplified so that it works for the person who as an adult is doing the discharge of the County Court Order made against them as a child, which is what would genuinely avoid further entirely unnecessary personal distress, including over an extended time.
I should have been able to simply do the discharge, from (for example) my own home in France !!, where I obviously would not have been meeting with anyone from your department.
If the County Court feel the need themselves, to fill out their 'application' form of any kind they would like me to come to the County Court in person to sign in exchange for the court stamped copy of my discharge order, including to try and claim some money from me for doing so, then the County Court would have advised me of all of that, but they haven't.
There are obviously no legal grounds for refusing the discharge, because I have not met some bureaucratic hurdle.
My personal view, with respect, is the County Court and your department should be properly trained to be able to understand that I, and indeed others, do not want to actually engage with any government department, including yours, because of what has happened, and indeed are only doing so, despite the personal distress caused by reliving the trauma, in our personal efforts to safely try and... end that trauma.
I am aware that courts do always have a judge sitting to sign court orders so I am therefore reasonably asking to be able to have, and collect if necessary in person, a stamped court copy of my discharge dated 6th September 2020... tomorrow, because there really are no legal grounds to further delay the long overdue discharge so I can peacefully get on with my own life, that the County Court Order has always unreasonably and unnecessarily interfered in, throughout my entire life.
I have been unable, unlike politicians, to even properly enrol to vote in elections with my own identity, through no fault of my own, but solely because of all the bureaucratic 'delays' in discharging the County Court Order.
There's no 'case manager' at the DCJS to arrange all the name changes with the new birth certificate, passport, drivers licence, vehicle registration, property deeds, and so on and so forth, which would actually be helpful.
Donna Bugat -v- State of Victoria Case 352: I have morals, so I am putting up my home in France as collateral to argue before a civil jury, there is nothing in retrospective ‘because I can Act 1984’ to deny my apolitical discharge etc, including because I refuse to pay money to rich people !! (09.09.2020)
To clarify my response to emails received today.
I have morals, so I am putting up my home in France as collateral (the County Court can have copies of the relevant documents) to argue before a civil jury, there is nothing in retrospective ‘because I can Act 1984’ to deny my apolitical discharge because I refuse to pay money to rich people through… any State agency, including a court !!
In the meantime, I will need an interim order from the County Court, that all the costs of discharging the County Court Order, and arranging the accompanying identity documents etc with the BDM, passport office etc are paid by the various departments of the State of Victoria, now, because one way or another the ‘costs’ are going to be paid, and can be claimed by either party... through the County Court.
It is obviously manifestly unreasonable and then some, for anyone to create or attempt to interpret legislation so narrowly as to claim it is only possible to ’apply’ for a discharge, which also erroneously suggests a discharge could be refused:
a) after someone pays vast sums of money
b) because I refuse to pay vast sums of money
to keep people who exploit me, rich, solely because I am, through no fault of my own, legally unrepresented.
I do not believe the State of Victoria have a 'recognised defence in the rule of law' to refuse to discharge the County Court Order.
The legal reality is I am legally entitled to notify the County Court of my discharge, for my own personal and private reasons, which cannot be refused, and is not subject to any financial considerations.
I do reasonably expect:
a) my copy of the interim order immediately
b) a civil jury within three months because the discharge has not proceeded in a timely manner, because the truth is all rich people are bothered about is making money for themselves.
I am, regardless of the State of Victoria’s claim which is only based on making money for rich people, by exploiting children cynically denied legal representation including as adults, legally entitled to safely and peacefully enjoy my own identity, family and cultural heritage which is priceless to me, and cannot legally be ‘overtaken’ including retrospectively by any other legislative whims.
Donna Bugat -v- State of Victoria Case 352: A civil jury for legal certainty in private international law, to discharge oppressive & abusive County Court Order that gave every other government 'carte-blanche' to also deny... legal representation (09.09.2020)
Thank you for the further... two emails from the County Court and DOJ... late this afternoon, which it is noted do not however constitute independent legal ‘opinions’ etc from the State of Victoria, so I can only presume we are at least agreed Case 352 is going to be argued before a civil jury.
It is obviously important for people to have legal certainty, rather than arbitrary and discretionary legislative whims, imposed on them.
I did not voluntarily return to Australia, because the existence of the outstanding oppressive and abusive County Court Order gave every other government 'carte-blanche' to also deny... legal representation.
The fact remains, politicians do have the ability to publicly acknowledge the legal reality is people have the absolute legal right to simply notify the court as adults, of the discharge of ‘adoptions’ for our own personal and private reasons, without having to pay, including for access to information, about our identity, family and cultural heritage, that is ours anyway !!
There is already a considerable and distressing burden, people like myself have, that is worsened by having to engage with any government department… because there is not a single public official from the entire publicly funded state apparatus, who has ever had any interest in listening or helping (in what are very serious transnational legal issues) because their only interest has always been to make money from our lifelong suffering.
Therefore, I could not either legally or morally in good conscience contribute financially to perpetuating that financial and emotional blackmail and extortion, that only benefits what are demonstrably the crocodile tears of politicians who grandstanded behind rich people’s cameras, at the expense of so many… thousands of people like myself, all around the world, when I was also in Parliament Square, Central London.
There are no legal grounds, rich people should benefit in so many ways from… children originally not being legally represented and therefore not being properly informed of our legal rights, including in advance, which then continues when we are adults… despite people like myself paying taxes just like anyone else, and in my own case, while working as a teenager and adult in Australia and the UK.
I do have morals, so I am genuinely putting my modest stone cottage in France, up as €89.5 k collateral in the County Court (I have the original copy of the title to my property) so the State of Victoria effectively have my money !! to try and explain to a civil jury, within three months why:
a) I am by contrast legally unrepresented
b) while politicians perversely claim I am not ‘allowed’ to notify because of their own retrospective ‘because I can Act 1984’
c) I have to pay any amount of money to apply to discharge what is really an abuse of process, because the court claims a discharge can be refused after someone pays money that it is not even guaranteed will be refunded in the event of a courts arbitrary refusal to discharge,
… while I say people only have to notify the court of a discharge that cannot be refused, or be dependant on people who the orders were made against, paying any money, to also have what is already my own in any legal or moral sense, that politicians have by contrast always had access to, but have only ever used for their… own personal, political and financial gain.
It remains there is no legal impediment to my having an interim order so the discharge can still take place immediately, while I am provided with all the necessary documentation, of birth certificate, passport etc and the ability to register on the electoral roll without further delay, all at no cost to myself at this time, because whatever is the outcome of the civil jury case, is more than covered by my putting up my modest stone cottage, that is my home I love in France, as collateral, in the County Court.
I would appreciate receiving the interim order on Thursday.
N.B: I didn’t have legal representation in France
(The Notaire represented the people who sold me the modest stone cottage that is my home I love in France. I obviously did not voluntarily return to Australia... because the existence of the outstanding oppressive and abusive County Court Order gave every other government 'carte-blanche' to also deny... legal representation)