YM778.TV Chapter 111: The Court Hearing
111 The Court Hearing
Monday, continued ...
Within 10 minutes of leaving ANX Lawyers, Anna, Hou Yi and Alfred Walters arrived in the car outside.Just before entering the court building Anna made it clear to the bodyguards that then needed to follow court and security staff directions or they would be arrested.She made it clear that the needed to sit at the back of the court room as well..
After locating the court room, Anna and Alfred, showed the way to reach the room, and took their place at the bar table.Hou Yi sat down in the second row, and the bodyguards were in the back row.Anna, who had decided to act as if she was instructing Alfred, st across the bar table from him.
Promptly on 2:30pm, the judge entered the court room, and not spotting a client asked "Mr Walters, where is your client?You knew when this matter was filed that your client was required."
Anna, immediately stood up and turned around before addressing the court.She stated "Your Honour, I am the appellant Anna Hou, previously known as Anna Jones.I still use this name professionally and for a few other minor matters.As an officer of the court I have opted to be part of the legal team involved in my case."
"Mrs Hou, this is something I do not appreciate in my court, unless a lawyer acts as a self-represented party.Technically you can do this, but I prefer that you sit as if you are a party, to prevent perceptions of bias in judgement and minimising appeal potential.As this is a ex parte hearing today, I will accept you sitting beside Mr Walters."
The judge paused, then continued "Mr Walters, Mrs Hou, I have read the application and support material filed in this matter.Given the situation I have already dictated formal reasons for my decision.These will be emailed to you once it is typed along with a copy of my orders, and a transcript of today.I am going to make remarks, that I want clearly on the record, and will indicate what my orders are."
"Given the information contained in Mr and Mrs Hou\'s affidavits, while it is plausible that jurisdiction to deal with this matter is both in Australia and in Country X.I am satisfied, however, that the relationship in question between Applicant, Mrs Hou and the Respondent Mr Jinhu Lu occurred in Australia, and therefore I have jurisdiction to continue to make orders here."
"Further based on the affidavits filed in support of the application, including from Mr Walters and Mr Stan Williams, both legal practitioners I an satisfied that there is sufficient doubt that the orders, the subject of this appeal, were ever signed by the Appellant, given they do not believe the signature contained in them is that of the Appellant."
"Given the doubt as to the authenticity of the signature claiming to be the Applicant\'s on the orders, I will order that the Court Registry make available ten separate files from the Registry there the Appellant was involved in and her signature appears on documents.The Registry, will select these at random eliminating all other identifying features in the orders to protect the parties involved in them."
"The Appellant, is directed to arrange for appropriate forensic analysis on the signature contained in the order, in those sample documents and in her material as soon as possible, with the report to be provided to the court within eight weeks of this date.In the event that the analysis confirms that the signature is not that of the Appellant, the respondent will reimburse the Appellant for the costs of the analysis."
"Additionally I am ordering that the orders in question are hereby revoked by this court.Regardless of any questions as to the Appellant\'s signature on the documents, the orders in and of themselves are inherently against all the rules of natural justice, as they provide the Respondent receive almost 100% of the assets and the Appellant takes 100% of the debt."
"Further, the Appellant is personally required to serve on the Respondent the application, supporting documentation, the orders in this matter, my reasons for decision and a transcript of today\'s proceedings.Mr Walters, you and ANX Lawyers, as the lawyers of record are to also arrange for these to be served on the Respondent\'s practitioners as in the orders.Affidavits of service are to be filed as soon as possible after service.The Applicant is required to have her affidavit of personal service witnessed by an Australian Embassy Official in Couintry X."
"Regardless of the outcome of the analysis, I will order that once the forensic analysis report has been filed with the court, orders as set out in the Appellant\'s application, despite that I have reformed a view that a larger split of the assets of the parties would be justified.However, if the report confirms that the signature is not the Appellant\'s I will order the Respondent to pay the Appellant\'s legal fees and disbursements, plus a further ten percent of the next value of the parties assets."
"I note, Mr Walters and Mrs Hou that there will be ancillary procedural orders, however my reasons for decision will detail all my reasoning for these and other orders that I make.The ancillary orders will, if appropriate provide for a Audio VIsual Link to Country X if this can be facilitated, to enable you Mrs Hou, and the respondent to appear, rather than having to force you to return."
"Given the urgency of the matter, and the potential for assets to be permanently removed from this jurisdiction, if the orders, reasons for decision and transcript are not available today, they will be provided first thing in the morning.Mrs Hou, please ensure that my associate has your personal email address as well, and copies will be emailed to you, along with copies of all material filed, to enable you to serve the documents on the Respondent."
"Yes Your Honour."
With that, Anna and Alfred stood up and moved away from the bar table, and out of the court, while other matters were being called.Hou Yi and the bodyguards followed.Once they were far enough away from the court, Anna turned to Alfred "All I expected was that the original orders would have been stayed until the issue as to whether it was my signature was resolved."
"Anna, you were lucky.While I was talking to the court staff, Her Honour was in the registry and overheard the conversation.She quickly reviewed the documents and ordered an immediate listing of the case.I was shocked, however to the extent of her orders, particularly the orders once the analysis is done and the report filed.Lu Jinhu has no opportunity to argue about different orders.The court has already condemned him."
With that they left the court, and returned to ANX Lawyers.Jodie Hughes was still working on packing her office, but confirmed that arrangements would be made to deliver them to her tonight.
Anna collected laptop, and she and Hou YI left returning to the hotel.
As she was so exhausted Anna collapsed on the bed and fell into a deep sleep.Hou Yi could not wake her to even change, let alone eat tea.He carefully undressed her, put on her pajamas and settled her into bed.He also teleconferenced with Assistant Wang and did other necessary work remotely.Before heading to bed, he had a cold salad sent up and placed this in the refrigerator for Anna in case she woke up hungry, and left a note as to its location.Anna, however did not wake until 8am Tuesday.