111 The Court Hearing (1/2)
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.”