BURSTON & BURSTON

Case

[2015] FCCA 1981

13 July 2015 22 July 2015 (written reasons)


FEDERAL CIRCUIT COURT OF AUSTRALIA

BURSTON & BURSTON [2015] FCCA 1981
Catchwords:
FAMILY LAW – Litigation Guardian – significant history of erratic email correspondence with the Court – increasing distress and difficulty for self-represented litigant to coherently conduct trial.

Legislation:  

Federal Circuit Court Rules2001, r.11.12(3)

Forster v Forster (2013) 47 Fam LR 77
L v The Human Rights and Equal Opportunity Commission (2006) 233 ALR 432
Applicant: MR BURSTON
Respondent: MS BURSTON
File Number: CAC 97 of 2014
Judgment of: Judge Neville
Hearing date: 10 June 2015
Date of Last Submission: 16 June 2015
Delivered at: Canberra
Delivered on:

13 July 2015

22 July 2015 (written reasons)

REPRESENTATION

Counsel for the Applicant: Mr R Harper
Solicitors for the Applicant: Dobinson, Davey, Clifford, Simpson
Solicitors for the Respondent: Self represented

ORDERS

  1. Pursuant to Rule 11.12(3) of the Federal Circuit Court Rules 2001, the Attorney-General is requested to appoint a person to be the manager of the affairs of the Respondent Wife, MS BURSTON (born (omitted) 1961) for the purpose of the appointment as her litigation guardian in the family law proceedings.

  2. The matter otherwise remains listed for final hearing on 20 August 2015 at 10.00am in Canberra.

AND IT IS NOTED THAT:

A.Subject to the views of the Litigation Guardian, and the policies and procedures which surround their appointment, the abovementioned final hearing date may be postponed if necessary.

IT IS NOTED that publication of this judgment under the pseudonym Burston & Burston is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT CANBERRA

CAC 97 of 2014

MR BURSTON

Applicant

And

MS BURSTON

Respondent

REASONS FOR JUDGMENT

  1. These reasons, which were delivered on 13th July, have been revised from the transcript. 

  2. The specific issue to determine is whether or not a litigation guardian should be appointed under the Rules of this Court for the Respondent Wife.  The initiative for raising the issue of such an appointment came from the Court during the final hearing of the matter on 10th June. 

  3. Because of the continuing and increasing distress of the Wife (who was and remains a self-represented litigant) during the hearing, and the increasing difficulty to obtain coherent comments from her, I raised with Counsel for the Husband, and with the Wife of course, the prospect of a litigation guardian being appointed.  The trial had reached a stage or state where, in my view, it could not continue.  At that time, as best I could, I explained to the Wife what was meant by such a guardian and the consequences that might or could flow from such an appointment.  One consequence was that she could/would be required to undergo a psychiatric examination.

  4. I made orders for the filing of brief written submissions.  Those submissions were as follows.

Submissions

  1. The Husband opposes the appointment of a litigation guardian, while the Wife agrees with it.

  2. The Husband said that at times the Wife’s conduct “in and of these proceedings” has been “irrational, unreasonable, dishonest and in a lay sense, paranoid and delusional.” (emphasis in original)

  3. In opposing the appointment of a litigation guardian, the Husband submitted that there are two relevant aspects of the Wife’s conduct during the hearing to be considered.  First, the Court could/would be satisfied that the Wife’s allegations regarding the Husband attempting to harm the Wife, or arranging for this to be done by others, will be readily satisfied that such allegations are false.  Further, the Wife’s evidence more generally, it was submitted, will be found to be unreliable.  The basis or the root of that unreliability, it was submitted, need not be determined.

  4. Secondly, the Husband submitted that the Wife’s presentation at the hearing, while distressed, was/is not so unusual in family law matters as to warrant the appointment suggested by the Court.  Further, the Husband said that, at times, the Wife’s arguments and submissions were coherent and cogent.

  5. Thirdly, the Husband questioned whether the Wife understood the consequence(s) of the appointment of a litigation guardian.  He submitted that the Court could not be satisfied that the Wife relevantly comprehended the possible consequences and therefore the Court could not be satisfied that the Wife was making an informed decision in agreeing or consenting to such an appointment.  Curiously, it was not explained why this submission could/would not add weight to the need to appoint a guardian for the Wife.

  6. Finally, the Husband contended that even if a guardian was appointed, it was not inevitable that a psychiatric examination/report be obtained in relation to the state of the Wife for the purpose of continuing with the hearing.  Rather, such a decision ought rest with the litigation guardian once appointed.  More generally, it would/should be for the guardian to determine how the Wife’s case should be conducted.

  7. For the Wife’s part, in a relatively short email, she confirmed that she supported the appointment of a litigation guardian and that she would consent to a psychiatric assessment.

Consideration

  1. The principles for such appointments are set out in the decision of the Full Court of the Federal Court of Australia in L v The Human Rights and Equal Opportunity Commission.[1]  That case was followed and applied by the Full Court of the Family Court of Australia in Forster v Forster.[2]

    [1] L v The Human Rights and Equal Opportunity Commission (2006) 233 ALR 432.

    [2] Forster v Forster (2013) 47 Fam LR 77.

  2. In particular, I note the following from L v Human Rights and Equal Opportunity Commission

  3. Firstly, at [26], the Full Court (Black CJ, Moore & Finkelstein JJ) said (internal references omitted):

    There is a presumption of competence unless and until the contrary is proved; that is, there is a presumption that a litigant of full age is competent to manage his or her affairs. … When it is asserted that a person is incompetent, the onus of proof is on those so asserting.

  4. Secondly, after noting (at [27]) that the means by which the Court will determine whether a guardian should be appointed can vary from case to case, the Full Court went on to say (also at [27]) (emphasis added):

    There will, however, be cases where no medical evidence is available as, for example, when a litigant refuses to submit to a medical examination, and there will be cases where the lack of capacity is so clear that medical evidence is not called for.  In those cases, and perhaps others, the Court is entitled to rely on its own observation to make an assessment about the capacity of a party.

  5. For completeness, at [34], the Full Court of the Federal Court cautioned:

    Without making any comment about the merits of the present proceeding, we would observe that the fact that a litigant has put forward a case that reveals no reasonable cause of action may say nothing at all about the litigant’s capacity to present such a case. The presumption that an adult person is capable of managing their own affairs is hardly likely to be displaced merely because a case has been commenced that has no prospect of success. In such circumstances, if no serious question about capacity arises, the application of the commonplace and objective criteria for determining whether an action should be summarily dismissed will ordinarily provide the appropriate means for disposing of it.

  6. In Forster, at [126], the Full Court of the Family Court said that the presumption of competence cannot be, and should not be, easily displaced. The Full Court went on to note (in the same place) that:

    It is the common experience of courts that many self-represented litigants appear to act against their interests, file voluminous documents and file many applications, some of which, at least at first blush, would enjoy no prospects of success. 

  7. Then at [127], the Full Court (Coleman, May & Ainslie-Wallace JJ) said:

    As the Full Court of the Federal Court made clear in L v Human Rights and Equal Opportunity Commission, conduct that might on its face appear to be against the interests of a litigant does not compel the conclusion that the person is in “need” of a litigation guardian.  At [34], the Court said:

    …the fact that a litigant has put forward a case that reveals no reasonable cause of action may say nothing at all about the litigant’s capacity to present such a case…

  8. Finally, the Full Court cautioned, at [141]:

    Before leaving this issue, it is necessary for us to say, without attempting to define the circumstances in which such orders may properly be made, and while the Court does have power to order that a litigation guardian be appointed for a party to the proceedings and may in the circumstances properly order that the party undergo psychiatric assessment, that it is important that these orders not be made without due regard to the very serious consequences which may flow.  Although we acknowledge that there may be circumstances in which an appointment may properly be made in the absence of medical evidence as to the party’s capacity, that step nevertheless should be approached with extreme care, especially where, as in this case, there were other less draconian options available to the Court.

  9. Clearly, in the light of the above, conduct that might on its face appear to be against the interests of a litigant does not, of itself, compel the conclusion that the person is in need of a litigation guardian.

  10. In my view, the concerns that give rise, on the Court’s own motion, to appoint a litigation guardian are twofold.  Firstly, giving due allowance (as the Husband submitted) that stress and/or distress in family law proceedings is not unknown, indeed it can be relatively common, the Wife’s increasingly incoherent conduct during the trial on 10 June was a matter of concern, and at times, alarming.

  11. Secondly, over many months the wife has sent scores of emails to the Court and to the Husband’s solicitors.  A selection from the more than 150 of them is set out in an appendix to these reasons.

  12. Typically and consistently, they complain about a wide range of concerns.  Typically and consistently, they make sensational claims regarding her [alleged] lack of safety, and that the Husband has [allegedly] arranged, with local gangs and the Husband’s alleged criminal associates, to have her killed, usually by poisoning.  Very regularly, these random, quite rambling and bizarre claims in the constant barrage of emails are also sent to various media outlets (e.g. 60 Minutes, ABC TV), to various statutory bodies (e.g. the Independent Commission Against Corruption), as well as to various prominent dignitaries, including to a number of prominent members of the Sydney legal profession.  On the face of the emails, over time and in their diversity and intensity, there seems no doubt that the Wife believes earnestly in the claims she makes.  However, their diversity and their intensity, as well as the claims that feature regularly in them, give the Court the greatest concern about the Wife’s capacity to conduct the current proceedings in any proper respect.

  13. It is the combination of the Wife’s erratic conduct over many months, as well as her increasingly incoherent (and distressed) conduct at trial, which leads the Court to the view that in the interests of justice, procedural and substantive, a litigation guardian should be appointed for her.  I note that the Husband’s submissions really only address the Wife’s conduct at the trial and not the significant history of emails to which I have referred, a selection of which (as earlier noted) is set out in the appendix to these reasons.  The Court will await the advice of the litigation guardian regarding a mental health assessment of the Wife.

  14. In my view, this case comes readily within the ambit of the Full Court’s comments in L v HREOC, where it was said:

    … there will be cases where the lack of capacity is so clear that medical evidence is not called for.  In those cases, and perhaps others, the Court is entitled to rely on its own observation to make an assessment about the capacity of a party.

  15. The Court will await generally the advice of the guardian regarding the future conduct of the litigation.  Having said that, I note that the matter has been on foot for some time; it needs to be resolved at soon as possible.  It may be that the result of the appointment of a litigation guardian makes little, if any, ultimate difference to the Court’s determination of the property Application, but that is not the issue. 

  16. The issue is what is procedurally proper in the interests of justice; the Court must ensure that a matter proceeds according to law, and it is for that reason that the Court makes the order for the appointment of a litigation guardian. 

  17. The Court hopes that the matter may be able to remain on foot for the rescheduled trial date, or the resumed trial date, in August.

I certify that the preceding twenty-eight (28) paragraphs are a true copy of the reasons for judgment of Judge Neville

Associate: 

Date:  22 July 2015

Annexure: Selection of the Wife’s Emails

On 14/06/2014, at (omitted), Ms Burston wrote:

> Dear miss (omitted)… You sent me correspondence that cannot be opened?.. I am unable to read your mail due to your deliberate act sending me documented files that are damaged!!!!.. Don't you think its time you acted above board and if your going to send me documents then for heavens sake women send e mails that can be read. You might be able to bully people in the past.. but you don't scare me… shame on you shame on what you do for money…. My book will be a best seller thanks to your behaviour…. i promise to write the truth and n oohing but the truth so help me god. All criminals that took part in seeing me hurt, poisoned thrown out of my home penniless will be exposed. i have so much information that has been documented. tell my husband that i never thought he was a criminal… my god… he ordered my murder.. he paid thugs to torment, harass, poison me!!.. I have all the text messages, i have dates, i kept a diary that is now in the hands of Journalists. Shame on my husband!. Shame on him!!!!!!!
> On 14/06/2014, at (omitted), Ms Burston wrote:
>
>> This message is to be passed on to your client My Husband Mr Burston, ….All documents since i have been threatened, all court documents have been forward to ABC television. Copies have been sent to all Television Stations and i have met with numerous respected members of the Australian Public, along with Detectives. All eyes on Canberra. Let My Husbands criminal Associates know that they will not get away with leaving me destitute!!!!.. I will not accept zero settlement as you and your Canberra associates put to me in the Court room that i get nothing!!!!.. I don't thin k so!!!! go back and discuss my settlement boys and girls. $500,000. before i ask for $750o,o000. bye Ms Burston.
>> On 14/06/2014, at (omitted), Ms Burston wrote:
>>
>>>
>>> On 14/06/2014, at (omitted), Ms Burston wrote:
>>>
>>>> Dear Miss A…. i want to inform you that all the orders since the day i woke to find my husband missing… so the friday late afternoon of the Australia Day Long Weekend… you had papers served at my home that i was to vacate my home within 14 days and to appear in court the first week back from the Australia Day Long weekend. I thought my husband had gone to commit suicide ..i was struggling to believe he could leave our marital home leaving all his identification behind. Then the first i hear is that i am to be kicked out on the street leaving my life behind me?.. your Law firm will be exposed for the vile acts you have seen to be enforced with four orders that i be left destitute!!!!!!!.. if it were not for the Tax Payers of this country and the help of the Government i would be sleeping under a bridge!!!! shame on you!!! shame The Court for allowing such a disturbing outcome. Obviously Mafia are involved with my husband … who poisoned me with Arsenic!.. Attempted to murder me.. Kidnap me and torment me!. I have Proof and The evidence . Shame on you!. Ms Burston

On 14/04/2014, at (omitted), Ms Burston wrote:

> Dear Mr. Oreilly @ Fox News, i am writing to you in a last attempt for help as my world is falling apart here in Australia. The Level of corruption and just who is involved will shock the world i am sure, but that is only if my story is heard. I have sent many letters out to journalists here in Sydney but my story was not told, nor was i contacted by any of the journalists that i begged for help?. i Have been told that i will be murdered if i get in the way of what has been happening to me. i explained a good part of my story through telephone conversation to The Honourable SC. Mr G whom is rather busy working on the Obeid trial here in Sydney. Mr G explained to me that once i surrender my 2 million dollar home to the Mafia, then the death threats that i regularly recieve will probably cease. My home that i lived in with my husband Mr Burston, at Property G has been targeted by local Mafia. Since October last year i had been stopped on numerous occasions while walking my dog in (omitted) street and also along Property G. I was told by different men each occasion that my husband was going to murder me, to slit my throat., to kill me. I was told by a telephone call that my husband has been poisoning me with Arsenic. I became chronically ill, vomitting up bright yellow phlegm, also i had a bloodied and sore respiratory tract, excruciating pains in my abdomin ,and my short term memory was rattled to say the least!. I was extremely sick and bed ridden. My Local GP. Doctor was hesitant as to do any tests and he became irritated when i pressed him for blood tests. He explained that Blood tests do not show up Arsenic poisoning or heavy metal poisoning?… he could see how sick i was and he agreed to a blood tests. when the results came back they showed extremely high results for rheumatoid Arthritis, so high that he stated would normally be of someone elderly and someone that had shown progressive rheumatoid Arthritis over years to increase to the level that I HAD OVER NIGHT. He also stated my results were that of an elderly man perhaps in his 80's or 90;s?. My local pharmacist told me the rheumatoid Arthritis was triggered by the Heavy metal poisoning and that i must get it out of my system as soon as i could before it did permanent damage to my tissue and joints. i went for more tests to (omitted) Hospital however i waited almost 6 weeks for results as my Doctor kept telling me that the results were not in?. i contacted (omitted) Hospital myself and they told me that the results were back weeks ago?. i then made an appointment at the same medical practice, however i made the appointment with a different doctor as i was frustrated with the behaviour of Mr J.. I saw Ms K. whom was worried and begged me to throw the medication i had been prescribed in the bin immediately?. She also told me to go to a different medical centre for future blood tests?. she told me there are plenty of others in the area?. Please she begged me, go elsewhere, don't come back here for tests!. On the Evening go January 2nd this year i asked my husband… Mr Burston do you have anything to do with what has been happening to me?… Attempted kidnapping, poisoning, death threats?.. my severe and sudden illness!….. i begged my husband to tell me if he had anything to do with all that has happened to me. Mr Burston began to tremble, his hands began to shake…. his face turned red in colour, his pupils became pinned in size… he looked different, he no longer looked like the man i married?….my legs began to feel weak at the knees…. i was speechless, i knew immediately that Mr Burston was behind all that was happening to me.. Mr Burston raced up the stairs……we had exchanged words… he locked himself in our main bedroom. I knocked on the door, i caLLED HIS NAME REPEATEDLY…. HE DIDNT ANSWER. at 8.30pm that same night i tried to enter our bedroom, however the door was still locked. so i slept that night in our guest room with my dog. by morning i woke, i walked into our hallway to find our bedroom door wide open. I walked slowly toward our bedroom…. the bed was made, my Husband was not there. i checked our ensuite bathroom, it was empty. i ran down stars and noticed all his diabetes medicine was still in the fridge. i ran back upstairs, i noticed his wedding band was on our bed side table along with all his identification… my god i thought he had gone to die?. it was friday… i thought he would be back in an hour. by Monday he was still not home. I reported my husband missing to (omitted) Police Station, (omitted) Police Station. I went there 3 times on Monday, then tuesday afternoon they told me he had walked into (omitted) Police Station and told the Police he was never coming back…I couldn't believe that?.. He didn't have his Identification with him?… I refused to believe that would be true?… for the next three weeks i went to my local Police station refusing to believe what i had been told. So i would ask them have they heard from my husband.. he must be cold since he took no clothing…On friday of the Australia Day Long weekend i was served papers to leave my home permanently , to only remove my clothing from my home. to leave all my possessions behind otherwise i would be breaking the Law?. I was ordered to Leave with nothing. Not to question anything?,. My name is jointly on the Title of the title deeds to my home however i have been told i will be murdered if i fight!. (omitted) Police told me to change my name and leave and never come back?…. what is going on????…. No Law firm will help me!.. Legal Aid tell me i am not eligible for their help?… I have been told to keep away from my home or i will be killed?…. My husband has since moved back in to my home!…. I thought the law is that since both have their names on the title that both

From: Ms Burston (omitted)
To: "[email protected]" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 16/06/2014 (omitted)
Subject: God is watching





Dear Mr C, god is on my side! I am protected! I have angels... I pray for your client too and a happy out come for everyone. You humiliated me in court previously, you bullied me, you intimidated me, you Harris me insisting I keep responding to your evil demands to strip me bate if owning nothing!!! Beware me Mr C.., the universe is on my side for I am not the one doing all the evil acts... It is you that god is watching. I already now I am going to be ok because I am a wonderful human . Shame on you but I pray for you to change your evil ways. Goodnight
Sent from my iPhone

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 16/06/2014 (omitted)
Subject: You don't scare me!





Me. Mr C it would be wise for your client to save some money and stop organising court cases? I am sitting back ... Laughing at you trying to tell me I owe you for the court costs? Your not professional ... Bullying women? Shame on you... My god.... Embarrassing. Shame shame shame!
Sent from my iPhone

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 16/06/2014 (omitted)
Subject: Investigative journalist




Dear Mr S my friend???... Hello ... Just to let you know Journalists will be in my company all day tomorrow Tuesday court day!!! However they tell me that what's the bet the call from court doesn't make it to my phone!!! You boys in Canberra are holding the cases there for many reasons... Hmmmm we are watching you Canberra. Enough rope and what happens? You guys will come undone. U think your untouchable? U think coz u have got away with it how many times that you can keep on going??? All eyes on Canberra! The more you bully me my friend the attention on what your doing! Bye. Ms Burston

Sent from my iPhone

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 13/08/2014 (omitted)
Subject: Thrilled!!




Dear Mr C , I'm thrilled with trial for next year. Detectives tell me that gives them time to further investigate this case. My Husband was a silly man hiring thugs to attempt to murder me. All he had to do was talk to me. Funny thing is when ever I came home with shopping or gifts fir Mr Burston it i he be we once told me he had a problem with spending!!! Not once!!! So then why would he leave his weeks ding ring after u asked him if he out the thugs up to hurting me?? Remember he left after I confronted him!!! Looks to me like he is as guilty as sin! Ms Burston.

Sent from my iPhone

From: Ms Burston
To: "[email protected]
Cc: "[email protected]" <[email protected]>
Date: 22/09/2014 (omitted)
Subject: Fwd: I have information of extreme corruption at the Highest Levels


Begin forwarded message:

From: Ms Burston
Subject: Fwd: I have information of extreme corruption at the Highest Levels
Date: 19 September 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston



Begin forwarded message:

From: Ms Burston
Subject: I have information of extreme corruption at the Highest Levels
Date: 13 September 2014 (omitted)
To: [email protected]
Cc: [email protected]
Reply-To: Ms Burston

Pleas contact me.Urgent

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: "[email protected] Mr C" <[email protected]>
Date: 22/09/2014 (omitted)
Subject: Fwd: (omitted)





Dear Mr C, i have sent 80 e mails in total to ICAC, also to the Federal P[olice and lastly to 60 minutes. this was done to protect myself from being murdered. I only forwarded you a couple of copies of what i sent out as the information i sent out is delicate and its best you don't know what was in my other e mails. i THOUGHT IT BEST THAT YOU KNOW I HAVE REACHED OUT TO ICAC FOR PROTECTION AND ALSO INCASE I AM MURDERED. I look forward to hearing from you soon in regards to settlement on my assets. I believe you have all the money in your account? your trust account. thank you, have a wonderful day. I look forward to hearing back from you soon. Ms Burston.



Begin forwarded message:

From: Ms Burston
Subject: Fwd: (omitted)
Date: 19 September 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston



Begin forwarded message:

From: Ms Burston
Subject: (omitted)
Date: 13 September 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston
Begin forwarded message:

From: Ms Burston
Subject: Hidden cameras
Date: 9 August 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston

Dear Ms A, detective, the night Ms V spiked my drink, the night i dialled ooo for help, the night i needed medical help, the night, or should i say morning I'm sorry. well that morning, Ms V made wise cracks about the cameras in my ensuite bathroom. She firstly referred to my Este lauder make up and cream collection… i asked her how did you know, then she kept on telling me things about my bathroom. Then she let slip….and told me poor Ms Burston we have all been enjoying watching you shit!.. I did not mention this to you detective number one because there is so much i have left out, number two i was ashamed, i was and still am ashamed, humiliated, tormented and my life deserted by these vile human beings. How can you tell me you do not have evidence?

Sent from my iPhone



From: Ms Burston
To: "[email protected] Mr C" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 22/09/2014 (omitted)
Subject: Fwd: my Family






Begin forwarded message:

From: Ms Burston
Subject: Fwd: my Family
Date: 19 September 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston



Begin forwarded message:

From: Ms Burston
Subject: my Family
Date: 14 September 2014 (omitted)
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston

Dear Detectives, i pray to God you can help me, please protect my Brothers. I received messages via my G+ mail account telling me are my family safe?..it was intimidation. I have been tormented, bullied, threatened, poisoned, terrified ..i am all alone, i don't trust anyone. i am struggling to pay rent. I have to resort to do what i can to get money to survive. The government help me by giving me $260. per week. but my rent is $530. per week. I need your help, please stop the criminals from hurting me anymore. they are all men, grown men who all played a part in tormenting and terrifying me. It is outrageous that this is aloud to happen? where are the real Police? is this Mafia? why are they targeting me? Please help me. Thank you Ms Burston.

Begin forwarded message:
Ms Burston
Date:
6 April 2015 (omitted)
To:
"[email protected]" <[email protected]>
Cc:
[email protected]
Subject:
Who do I turn too?
Dear elite Team at Icac. I will not contact you again after this e mail. My Question is , who do we the public turn to for help if we cannot trust the NSW Police Force? If we cannot trust Lawyers? Then who will help us? Am I the only one who is not in on this scam? Am I in the way? Am I going to be murdered ? I really believe now that no one will help me. That if anyone was going to help me they would have reached out to me by now. The heavy metal poisoning is still in my body I still suffer with pain, crippling at times. I can't sleep I have nightmares ... I often think to myself bring awake is a living nightmare. Am I going to be murdered? Do you believe in me? Can you help me? The ombudsman s office told me they can't help me. (omitted) police said case closed, no case. How can that possibly be? I was poisoned ... But none of you care. Goodbye. Ms Burston
Sent from my iPhone



From:



From:  Ms Burston
To: "[email protected]" <[email protected]>,
Cc: Ms Burston
Date: 21/04/2015  
Subject: Fwd: Armstrong legal






Sent from my iPhone

Begin forwarded message:

From: Ms Burston
Date: 13 April 2015
To:
"[email protected]" <[email protected]>
Cc:
"[email protected]" <[email protected]>
Subject:
Fwd: Armstrong legal



Sent from my iPhone

Begin forwarded message:

From: Ms Burston
Date: 13 September 2014
To:
"[email protected]" <[email protected]>
Cc:
"[email protected]" <[email protected]>
Subject:
Fwd: Armstrong legal
Reply-To:
Ms Burston


Begin forwarded message:

From: Ms Burston
Subject: Armstrong legal
Date: 6 September 2014
To: "[email protected]" <[email protected]>
Cc: "[email protected]" <[email protected]>
Reply-To: Ms Burston

Dear 60 mins team, deciding Ms D and associates from (omitted) were not looking out for my best interests, i got home and googled Family Law firms, Armstrong legal came up, so i e mailed the head Guy there, the director, i forget his name. I went in to see them he told me Ms C would look after me. i Never went back in to see them after my first meeting. I deposited large amounts of money into their account, agin things were odd, they would never return my phone calls, Ms C would only contact me at the end of the day after6pm or 7pm leave me a voice message. Ms C was angered with me a lot, she came across as if she did not like me.she kept on and on about all my furniture, i told he i had beautiful collectors pieces that i was worried about, if i was to vacate my home , who was going to take it? She told me everything would be packed up and sent to a canberra address. I explained thats not fair? She then got mad and said to me in her words, Do you want to go to jail Ms Burston? then don't take one item out of your home! I told her i had evidence i owned them before i met Mr Burston, i had many photographs of me in my previous homes and you can clearly see the furniture, mirrors, clocks, paintings, Ms C then said that does not mean a thing. She then went on to say, Ms Burston, the beautiful mirror in your bedroom, the white one, make sure you leave that! How did she know about that? i knew thesis bigger than me, the police refusing to take my statement, the legal teams on the side of the Mob! My best friend Mr G whom i flatted with at (omitted) apartments in (omitted) for a year, worked at (omitted) in Sydney, so he knows all the Qc,s and one in particular, The (omitted) the SC. whom is working on the (omitted) trial. He asked Mr G to call me, as i needed help. Mr G called me,i was still living in my home at Property G, Mr G told me in his words, as he had already been briefed on what was happening, he said you need to get out of your home Ms Burston, i would say the death threats are because they want your home, everything in your home. he then told me please don't think I'm throwing you out to the wolves Ms Burston, but i can't help you , he told me he was starring back ion monday on a big trial. I was frightened, terrified, sick, and no one could help me, no one. Mr S twin brother whom still lived in his own apartment just along the corridor from mine and pails, on level 2 at (omitted) apartments, well the brother i don't even know his name, he began to give me threatening evil looks, really heavy, it was obvious he was trying to intimidate me.iam certain, my home had cameras planted, not only because of (omitted) and (omitted) comments but Mr S knew my moves. i was now ill, very sick, (omitted) no longer lived there, But (omitted) would appear in my foyer whenever i got down stairs for walks with gus. He would just be sitting on the couch in the lobby. Then he would glare at me. Now before i would walk Gus, obviously i had to get organised, i would always run upstairs to get his lead , i would also say out loud to fuss to get him excited 'do you want to go to the PARK!!!,,, so it would be ten mins of getting myself together. Also i can tell you of more things that happened with him but i don't want to sit here all day, it actually distresses me greatly when i reflect, i cry uncontrollably , but i have to pursue this, its not fair, also i am sane, there is nothing wrong with me mentally. Mr R told me he believed in me, we went to dinner twice, nothing intimate, he liked me, he wrote out a cheque for me for $275. so i could buy a bar fridge, as i had been using a small eskie. he told me one woman is murdered every week in NSW, he told me i needed help, but to be very careful.

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: [email protected]
Date: 15/04/2015
Subject: Fwd:


Sent from my iPhone

Begin forwarded message:

From: Ms Burston
Date:
15 April 2015
To:
[email protected]
Cc:
[email protected]
Subject:
Fwd: (omitted)



Sent from my iPhone

Begin forwarded message:

From: Ms Burston
Date:
15 April 2015
To:
"[email protected]" <[email protected]>
Cc:
[email protected]
Subject:
(omitted)

The name (omitted) I a having to use as an alias. I have no money to live. I am destitute. The (omitted) dating agency owned and operated by bikie gangs is my only source of income to live. They make me sleep with their clients in hotel rooms in the city. My name is (omitted). However I know one of their clients will murder me. I am tormented, terrified, by he thugs that I have to have sex with. God hell me!!! This is what I have been reduced to doing because j am living in dire straights. Help me. Ms Burston

Sent from my iPhone

From: Ms Burston
To: "[email protected]" <[email protected]>,
Cc: [email protected]
Date: 15/04/2015
Subject: (omitted) dating agency




The bikie gang owned evil (omitted) who run the dating agency that paid $2,500. To meet my husband are now tormenting me. I have no income. I have to have sec in hotel rooms with their bikie gang members. They have threatened me and told me to shut my mouth. Or I will end up dead like (omitted). God help me. I didn't deserve this outcome!!! Please help me!!! Ms Burston.

Sent from my iPhone

Sent from my iPhone
Begin forwarded message:
Ms Burston
Date:
21 April 2015
To:
"[email protected]" <[email protected]>
Cc:
[email protected]
Subject:
Mr S
Dear 60 minutes, now I get it why Mr S and members of the (omitted) forced me out of my home exactly six months after Mr Burston and I lived together. We paid our deposit in November 2012 but Mr S did not want us to move in . He told (omitted) get to tell us he wAnted a delayed really delayed settlement. June 2913!! Mr Burston and I were upset, I wAx disappointed. Heartbroken. Mr Burston told me would stay together 3 nights a week at the (omitted) in the lark and have lunch together the other days.but now I can see why!!! The Judge repeatedly told the court that the wife and husbAnd I ly lived together for six months so the wife had no voice and is not entitle to anything. Even my possessions!!! I was tested as a worthless second rate citizen . Yet I had been poisoned, terrorised!! Intimidated, forced out of my home with my dog , so sick I could not eat properly. My jaw had locked because of the heavy metal poisoning . I had electric shock feelings in my brain so severe and constant. I lost everything!! Now I can see why they wanted me out exactly six months after we lived together. The judge constantly pointed out in the most casual way that really it wax only six months. I was not granted my right to speak up in court!! Ms C sabotaged my attendance to one of the court hearings. She notified me when I was in Canberra that the court time had changed to 3o mins later than what I was told. However when I turned up to the court room the court was in progress and had been for over 30 minutes. I was lied too again! This is corruption at the highest of levels. Ms Burston.
Sent from my iPhone





From:



Sent from my iPhone
Begin forwarded message:
Ms Burston
Date:
23 May 2015
To:
"[email protected]" <[email protected]>
Cc:
"[email protected] Mr C" <[email protected]>
Subject:
Fraudulent contract of sale re my home
Dear associate to judge Neville. I feel it is extremely urgent and important that I point out I never agreed or authorised the sale if my home Property G . I was sick violently ill due to the the state if my health after I had been poisoned And forced out of my then home. I did not sign one document to authorise the sale of my home nor was I shown one document or presented with a document to sign so my home could be sold. I 50% owner of Property G. My home wax sold for $1.7 million dollars.. So I am entitle to half of that sale. I would like to point out to the court that my home sold illegally. I did not sign a document authorising its disposal. Wf are not living in gangland years.. Of are we? Ms Burston
Sent from my iPhone





From:



From: Ms Burston
To: "[email protected] Mr C" <[email protected]>,
Cc: "[email protected]" <[email protected]>
Date: 25/05/2015
Subject: Medical proof




Dear Me. (omitted) I now have the documents proving there is nothing wrong with my mental Health. After three Doctors from (omitted) Hospital saw me two weeks ago. This will help as Evidence that I was poisoned, forced out of my home illegally so my home was sold!! My name was on the title to that property I have never received one document to sign so as to Authorise the sale of my home. You stated I was being difficult? Wrong Mr C!! I was poisoned so I was violently ills however I still did not receive any documents to sign. This is organised crime, corruption!! My home was sold illegally Mr C. Three attempts were made on my life!. I will not be bullied by your thug like behaviour anymore! I own half of that property. Funny thing is I never would have tried to divorce Mr Burston or take our home way from him... But this is corruption at its most deadly. So now you and your client will be exposed for the crimes you committed throughout this trial. Ms Burston (Burston)

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Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

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Cases Cited

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Statutory Material Cited

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Forster v Forster [2013] HCASL 98