OBL Public Notice - A case of Law against Corruption and Titles.

Odtojan Bryl Lawyers (OBL), Ms Odtojan and Mr Bryl, have been implicated, framed and defamed in the NSW Court of Appeal (NSWCA) Judgments of Justices Leeming and Kirk (In the case of Mr Miles Kevin Condon SC of New Chambers) and Justices Basten and White (In the cases of Mr Nicolas George Ford of Coram Chambers formerly Edmund Barton Chambers and Mr Thomas Patrick Glynn of Glynns Lawyers), where the said Justices’ respective judgments recorded unfounded facts, representations and evidence for the Defendants, three legal practitioners, who allegedly committed acts of fraud against their client. The three statements against the defendants setting out the said legal practitioners' conduct under a Tort - Damages claim for unlawful civil conspiracy, fraud and intentional negligence are accessible via: Mr Nicolas Ford, Mr Thomas Gylnn and Mr Miles Condon SC.

OBL, Ms Odtojan (Applicant/client of the Defendants) and Mr Bryl (Advocate) have never provided legal services in the proceedings in question where Ms Odtojan was the party to proceedings/client of the three Defendants, and neither were such matters raised and ventilated in hearings before the said Justices.

The substantive recordings in the said Justices' judgments (in relation to the limited procedural leave (permission) to appeal hearings) were made by ambush. Justices Leeming and Kirk have used their positions and office to record, amongst others, a 2019 case, which is irrelevant and not an issue nor mentioned in the hearing before them. The 2019 case was in relation to Piper Alderman (Partners Ms Anne Freeman & Mr Florian Ammer) /Credit Corp costs assessment case where the said parties have engaged in fabricating account documents and covered up attendances, amongst others, the conduct of Piper Alderman employee/paralegal Ms Natalie Miller who is alleged to have impersonated a legal practitioner in Local Court proceedings with assistance of Mr Sebastian Hartford Davis of Banco Chambers who referred to Ms Miller in all occasions in the Local Court proceedings in 2016 as his instructing solicitor and/or solicitor. The Costs Assessor, Mr Peter Rosier, had assessed Credit Corp's fabricated account documents, ignoring notices to him by Ms Odtojan of serious matters which constituted fraud/indictable offences. See details in the Notice via https://www.odtojanbryllawyers.com.au/public-notice-credit-corp-white-collar-crime

Ms Odtojan gave notice in submissions, affidavit and email to the said four NSWCA Justices of their conduct of recording unfounded facts, representations and evidence for the defendants in their judgments. The three Defendants did not attend any court hearings nor gave any evidence. This is not recorded in the judgments. The Justices are alleged to have created evidence to conceal the conduct of the Defendants, for example, Justices Leeming and Kirk recorded that Mr Condon had addressed Ms Odtojan's 16 page letter dated 2017. There is no such evidence nor submissions by the respondent that Mr Condon SC addressed the issues raised in the client’s letter to him which included amongst others, request to produce the credit contract he had expressly relied upon in his written appeal advice. Such advice was given to the client on the second last and last day of the 28 day timeframe to appeal.

For the past 8 years to date, the three defendants, Mr Miles Condon SC, barrister Mr Nicolas Ford and principal solicitor Mr Thomas Patrick Glynn of Glynns Lawyers (based in Tasmania with office in Sydney), have failed and continue to fail to provide any documents/evidence in support of their representations/records of a credit contract they expressly relied upon in their written appeal advice and during the Local Court Sydney final hearing (represented by Mr Ford and Mr Glynn, where Magistrate Sharon Freund solely relied upon without foundation of truth/evidence).

The NSWCA Justices have omitted the material fact and issue of the client’s conference with Mr Condon SC, where Mr Condon SC confirmed with Mr Ford that there was no contract nor pre-contractual statement in evidence nor were they ventilated in the Local Court final hearing.

District Court Judge Sharron Norton in the interlocutory court hearing on 16 Feb 2023 recorded on court transcript, her acknowledgment that Mr Ford ran a different case from his client’s case. Mr Ford’s case is that a credit contract was received by his client on 12 January 2015, which is contrary to his client’s case who from the outset had been disputing the existence of the credit contract which is evidenced in notices to produce and court orders to produce the contract up to March 2016. These notices and court orders were agreed by Credit Corp and its lawyers, Piper Alderman / solicitor Mr Matthew Mennilli and where Credit Corp's counsel Mr Sebastian Hartford Davis signed consent orders dated 17 December 2015 to produce the alleged contract amongst other documents and particulars.

Mr Hartford Davis was the opposing counsel at the Local Court final hearing and was aware that Mr Ford made false representation to the court that Mr Ford's client received the contract on 12 January 2015, as Mr Hartford Davis had signed by consent (which became a court order) a notice to produce dated 17 December 2015, where a contract was still to be produced amongst other documents/particulars by his client, Credit Corp. See details and access to the notices to produce and court orders. Credit Corp and its lawyers in in contempt of court orders for 9 years on going. NSWCA Justices were aware of the said issues and omitted them in their respective judgments.

This Justices used their positions, in public office (funded by Australian taxpayers), to create and record evidence for the Defendants and referred two innocent persons, a victim and witnesses (yet to give evidence at final hearing), to be subject of investigation by the legal regulatory body, the Office of Legal Services Commissioner (OLSC) using their legal careers, stating there is no basis/evidence to support Ms Odtojan's claim where the Justices are aware that such recordings in their judgments are untrue. The Justices, in their judicial positions, have intimidated, threatened and referred a victim and two witnesses (ss 314, 315, 315A and 319 of the Crimes Act 1900).

The Justices have omitted in their judgments the material issues, facts, representations and evidence that support Ms Odtojan's claims. Side-by-side evidence of tampering with court documents (s 317 Crimes Act 1900 NSW) have been omitted and concealed by Justices Leeming and Kirk in the Mr Condon SC case, among other matters.

Justices Basten and White have created a narrative of what transpired in the Local Court proceedings, which is contrary to court documents/transcripts and the judgment of Magistrate Sharon Freund. All judges including District Court judges Sharron Norton and Ann Ainslie-Wallace and Judicial Registrar James Howard, despite clear notice to them of the credit laws and s 91 of the Evidence Act, have circumvented and contravened the said laws and are alleged to have interfered with the administration of justice (ss 314, 315, 315A and 319 of the Crimes Act 1900).

Justices Basten and White applied s 170 of the Credit Code (a repealed code) to a non-existing contract and where no such documents/evidence was before the Justices and neither where such issue was raised in the Local Court proceedings. At the leave to appeal hearing, the said Justices were asked to refer to what they state is the contract, to which they did not respond to nor did they refer to any evidence of any contract, yet they recorded in their judgment a statement of fact that a contract exists (without foundation of truth). Further, in the limited procedural leave to appeal hearings, the Justices cannot conduct a re-hearing, nor address matters of evidence, issues of fact/law/credit which require a final hearing.

The Office of Legal Commissioner NSW (OLSC) and the PSD.

Ms Valerie Griswold Director, Legal Regulation of Professional Standards Department of The Law Society of NSW ("PSD”) has been put on notice of her conduct of unlawfully interfering with the legitimate renewal of the practicing certificates of two legal practitioners, Ms Odtojan and Mr Bryl, where she has no legal basis for such conduct. See Ms Odtojan's letter to Ms Griswold dated 13 August 2024 and to the Law Council of the Law Society of NSW dated 15 August 2024. To date, there has been no response to the serious issues put to PSD and the Law Society of NSW, the Law Council, the President and the Registry and Licensing office of the Law Society of NSW and OLSC giving notice of the conduct of Ms Griswold, PSD Director.

The practising certificates of Ms Odtojan and Mr Bryl are being unlawfully withheld/prevented from being legitimately renewed.

Ms Griswold has made unfounded statements of fact of misconduct/prior misconduct and has dressed up the NSWCA Judgments of Leeming and Kirk, and Justices Basten and White as findings of "misconduct" against Ms Odtojan and Mr Bryl. These judgments are publicly accessible. Ms Griswold as PSD Director is aware there are no such findings of "misconduct" and any allegation of misconduct by the regulator/Law Society of NSW are to undertake disciplinary proceedings and be determined by the designated tribunal, the NCAT, under s 300 Legal Profession Uniform Law (NSW) 2014 (LPUL).

Further, Ms Griswold, PSD Director, committed the act of unlawfully preventing the renewal of the practicing certificates (which are currently in force on and from 1 July 2024) without prior notice and without due process and procedural fairness to Ms Odtojan and Mr Bryl, and in contravention of the lawful process under the LPUL, where Ms Griswold of PSD/OLSC did not comply with the referral of papers orders where there are substantive missing court documents of Ms Odtojan and the court transcripts. See details via Notice (above link).

For the period 2016 to date, the OLSC and the PSD have received multiple reports by Ms Odtojan of conduct by legal practitioners, Mr Carlos Toda and Ms Kelly Witts of Certus Partners (incorporated law firm of Credit Corp) and Piper Alderman Lawyers (7 lawyers and 2 paralegals/law clerk) including conduct of Mr Sebastian Hartford Davis, Mr James Willis, Mr Ford, Mr Glynn and Mr Condon SC, which pertain to fraud/improprieties involving indictable and administration of justice offences including impersonation of legal practitioners by two Piper Alderman employees (Ms Natalie Miller and Mr Owen Nanlohy) in the Local Court Proceedings. The OLSC and the PSD are already aware of the issues raised in relation to the alleged conspiracy and fraud against Mr Ford, Mr Glynn and Mr Condon SC, having raised similar issues in the report of Piper Alderman in 2018.

Both the OLSC and the PSD have systematically closed reports by Ms Odtojan without investigation of the serious allegations/ issues pertaining to criminal conduct with supporting evidence which has been ignored and disregarded on each occasion. The OLSC/PSD have a duty to report suspected criminal offences to police or other appropriate investigating or prosecuting authority (s 465 LPUL).

This matter is of public importance, where Ms Odtojan has been making reports to protect the integrity of the courts, the legal profession and for the protection of the public. The information and evidence will be made public for the protection of the OBL, Ms Odtojan and Mr Bryl, where their livelihood, business and marriage/family unit are being threatened and where they are being prosecuted for discovering fraud and corruption as set out in the reports and in the statement of claims against Mr Nicolas Ford, Mr Thomas Glynn and Mr Miles Condon SC. See report on Piper Alderman conduct with the annexes and the statements of claim with the above links.

Disclaimer: The notice is based on what transpired in the NSW District Court, NSWCA and Local Court proceedings in the above-mentioned cases based on court transcripts, court documents, Defendants representations and written documents and advice. The information is subject to change where any corrections, amendments or additional information may be required. For queries, please contact: oblawyers.media@gmail.com