#SUMMONS COMMENCING AN APPEAL (PART 50) #SUMMONS SEEKING LEAVE TO APPEAL (PART 50)

Form 84 (version 5)
UCPR 50.4, 50.12

#SUMMONS COMMENCING AN APPEAL (PART 50)

#SUMMONS SEEKING LEAVE TO APPEAL (PART 50)

COURT DETAILS
Court	Saint Vincent’s Hospital Treatment Plan via videolink
#Division	Mental Health Act 2007
#List
Registry	Supreme Court Registry Filed online
Case number
TITLE OF PROCEEDINGS
[First] plaintiff	Alexander Marcel Andre Sebastian Barker Bailiff
#Second plaintiff #Number of plaintiffs (if more than two)	[#name #number R v Bailiff Not guilty by reason of mental impairment.

[First] defendant	Saint Vincent's Hospital Sydney
#Second defendant #Number of defendants (if more than two)	[#name #number Refer to Party Details at rear for full list of parties]
PROCEEDINGS IN THE COURT BELOW
Title below	Section 52 of the Mental Health Act 2007 Section 74 (3) and Schedule 3 Mental Health Act 2007 Section 76 (1)(a) of the Mental Health Act 2007
Court below	Gladesville Telephone Inquiry with Orr v Holmes (1948)
Case number below
Date[s] of hearing	12:30pm 27/11/2015 by telephone conference
Material date
Decision of	Mental Health Review Tribunal with no visuals
FILING DETAILS
Filed for	Alexander Marcel Andre Sebastian Barker Bailiff
#Filed in relation to	Brain Damage Medico-Legal Aspects by Philip W, Bates DrStephenAllnutt..blogspot.com.au Psychiiatirst DrJohnMcmahon.blogspot.com.au Neuropsychologist ProfessorSusieHayes.blogspot.com.au Psychologist
#Legal representative	Alexander Marcel Andre Sebastian Barker Bailiff
#Legal representative reference	Representing myself
Contact name and telephone	Alexander Bailiff 04 3777 3777
Contact email	SaintAlexander@mail.com
HEARING DETAILS

This summons is listed at

TYPE OF CLAIM

I seek her or his honour set aside the Saint Vincent’s Hospital Treatment Plan permanently.

DETAILS OF APPEAL

1 I would seek her or his honour view Bayliss traffic accident report 7/12/85.

2 I would seek her or his honour read Brain Damage Medico-Legal Aspects by Philip W Bates.

3 I would seek her or his honour read Organic Psychiatry by Alwyn Lishman

4 I would seek her or his honour read DrStephenAllnutt.blogspot.com.au.

5 I would seek her or his honour read DrJohnMcmahon.blogspot.com.au.

6 I would seek her or his honour read ProfessorSusieHayes.blogspot.com.au,

7 I would seek her or his honour read http://rvbailiff2011actsc214.blogspot.com.au.

ORDERS SOUGHT

1 I would seek her or his honour call a Judicial Inquiry into Hume Highway Gunning-Yass.

2 I would seek her or his honour call a Judicial Inquiry into treatment of Brain Damaged.

3 I would seek her or his honour call a Judicial Inquiry into education by Organic Psychiatry.

4 I would seek her or his honour call a Judicial Inquiry into under training of Psychaitrists.

5 I would seek her or his honour call a Judicial Inquiry into under training of Neuropsychologists.

6 I would seek her or his honour call a Judicial Inquiry into under training of Psychologists.

7 I would seek her or his honour call a Judicial Inquiry into Not guilty by reason of impairment

APPEAL GROUNDS

8 I present Orr v Holmes [1948] and seek to bring forward further evidence upon appeal.

#SIGNATURE OF LEGAL REPRESENTATIVE

#This summons does not require a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014.

#I certify under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success.

I have advised the plaintiff[s] that court fees will be payable during these proceedings. These fees may include a hearing allocation fee.

Signature	Alexander Marcel Andre Sebastian Barker Bailiff
Capacity	Plaintiff
Date of signature	7^th December 2015

#SIGNATURE OF OR ON BEHALF OF PLAINTIFF IF NOT LEGALLY REPRESENTED

I acknowledge that court fees will be payable during these proceedings.

These fees may include a hearing allocation fee.

Signature	Alexander Marcel Andre Sebastian Barker Bailiff
Capacity	Plaintiff
Date of signature	7^th December 2015

NOTICE TO DEFENDANT

If your solicitor, barrister or you do not attend the hearing, the court may give judgment or make orders against you in your absence. The judgment may be for the relief claimed in the summons and for the plaintiff’s costs of bringing these proceedings.

Before you can appear before the court, you must file at the court an appearance in the approved form.

HOW TO RESPOND

Please read this summons very carefully. If you have any trouble understanding it or require assistance on how to respond to the summons you should get legal advice as soon as possible.

You can get further information about what you need to do to respond to the summons from:

· A legal practitioner.

· LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.

· The court registry for limited procedural information.

REGISTRY ADDRESS
Street address Sydney
Postal address Philip Street
Telephone

[on separate page]

#PARTY DETAILS

[include only if more than two plaintiffs and/or more than two defendants]

PARTIES TO THE PROCEEDINGS

Plaintiff[s]	Defendant[s]
Alexander Marcel Andre Sebastian Barker Bailiff	Saint Vincent’s Hsopital
[repeat as required for each additional plaintiff]	[repeat as required for each additional defendant]

FURTHER DETAILS ABOUT FILING PARTY

[First] plaintiff

Name	Alexander Marcel Andre Sebastian Barker Bailiff
Address [The filing party must give the party's address.]	22 Talbot Place Woolloomoo NSW 2011 AUSTRALIA



#Frequent user identifier	[include if the plaintiff is a registered frequent user]

[repeat the above information as required for the second and each additional plaintiff]

#Legal representative for plaintiff[s]

Name	Alexander Marcel Andre Sebastian Bsrker Bailiff
Practising certificate number
Firm	I represent 925 solicitors and 4000 barristers
#Contact solicitor	[include name of contact solicitor if different to solicitor on record]
Address	#[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
DX address
Telephone
Fax
Email
Electronic service address	[#email address for electronic service egservice@emailaddress.com.au #Not applicable]

#Contact details for plaintiff[s] acting in person or by authorised officer

#Name of authorised officer
#Capacity to act for plaintiff[s]
Address for service [The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State "as above" if the filing party’s address for service is the same as the filing party's address stated above.]	#as above #[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
#Telephone
#Fax
#Email

DETAILS ABOUT DEFENDANT[S]

[First] defendant

Name	Saint Vincent's Hospital Sydney
Address	#[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
	#[country (if not Australia)]

[repeat the above information as required for the second and each additional defendant]

Bayliss 1985 is at URL below

https://docs.google.com/file/d/0B9qsJGqRmMJbQmFjeGZxejBaYWs/edit?usp=sharing

Parker QC, R.W.R., Barrister-at-Law, p.127, Chapter 7, Brain Damage Medico-Legal Aspects, Blackwell Press, Sydney, (1994).

(Philip William Bates General Editor Barrister UNSW) (stepdad)

Adducing Evidence to Prove or Disprove Brain Damage

6. The Clinical Picture in Focal Cerebral Disorder

Lishman says at p.16 that strictly focal brain damage can be responsible for both acute and chronic organic reactions. He says that a frontal lesion may confer distinctive changes of disposition and tempermanent. Most characteristic is a disinhibition with expansive overfamiliarity, tactlessness, over-talk[at]iveness, childish excitement or prankish and punning social and ethical control may be diminished with a lack of concern for the future and for the consequence of actions. Sexual indiscretions and petty misdemeanours may occur, or gross errors of judgement with regard to financial or interpersonal matters. Sometimes there is a marked indifference, even callousness for the feelings of others. Equally lack of anxiety and insight on the part of the patient into his or her condition. Elevation of mood is often seen, namely an empty and fatous euphoria rather than a true elation which communicates to the observer. In other cases the principal changes are lack of initiative, aspontaneity and a profound slowing of psychomotor activity. Concentration, attention and ability to carry out a planned activity are impaired by these changes but performance on tests of formal intelligence is often surprisingly well preserved once the patient’s co-operation has been secured.

References

Lishman, William Alwyn. Organic Psychiatry. The Psychological Consequences of Cerebral Disorder, Blackwell Scientific Publications, Oxford, (1987)

World Health Organisation

International Classification of

Impairment, Disability, Handicap (1981)

R v Bailiff 2011 ACTSC 214 Not Guilty by Reason of Mental Impairment

Dr Stephen Allnutt is Adobe Reader

http://xlibrisau.blogspot.com.au/2015/10/blog-post_33.html

Dr Richard Furst is Adobe Reader

http://xlibrisau.blogspot.com.au/2015/10/blog-post_5.html

Professor Susie Hayes is Adobe Areader

http://xlibrisau.blogspot.com.au/2015/10/blog-post_35.html