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David Hambleton of Rodgers Reidy gets SUED

Continually being updated, last update 23 September 2017. Get notification of updates with CHANGE DETECTION

Sordid tale of events

This is a tale about a Trustee in Bankruptcy, who in his exercise of power under the Bankruptcy Act, has overseen two totally innocent daughters of a bankrupt having their investments of thousands of dollars in a Property The Property wiped out, while the bankrupt's wife was also ripped off and received nothing, after toiling for almost 10 years towards paying the mortgage and making improvements.
In his mismanagement of the bankruptcy, David Hambleton is alleged in the Draft Amended Statement of Claim to have also committed: Trespass, Wrongful Eviction, Continuing Trespass, Defamation, Devaluing Trust Property, Causing the Expense of Alternative Accommodation, Breaching an Agreement to Pay Proceeds into Court and Destroying a Company Business belonging to the wife, for which he has essentially provided zero reasonable explanation for any of these wrongs.

District Court progress:  District Court File 

HEARING: Friday 27 January 2017, Application for Default Judgment on First Defendant who has not filed a Defence -  AustLii          
HEARING: 17 February 2017. Continuation of application for Default Judgment on First Defendant who has not filed a Defence.
INTERLOCUTORY DOCUMENTS: Notice to Admit Facts |  HWL Ebsworth response |  Non Complying Defence & Lawyers Confusion Tactics
MEDIATION PREPARATION IS CURRENTLY UNDERWAY for mediation on 10 October 2017 by Richard Douglas QC
BEING LITIGANTS IN PERSON CERTAINLY HAS ITS CHALLENGES BUT UNAVOIDABLE IF A "GOOD" LAWYER CANNOT BE AFFORDED AND LITIGANTS ARE NOT PREPARED TO STAND BY AND SEE THEIR FAMILY BEING RIPPED OFF & RIPPED APART BY SOME TIN GOD Tin God
Stooges have contacted Gordon trying to induce him to publish nasty things about Hambleton that Gordon can't prove, so that Hambleton can sue Gordon for defamation or worse. They must think Gordon is as crazy as THIS BLOKE who was raided by police and is curently in jail.

NEWS:

 OPEN RODGERS REIDY SUCKS IN NEW WINDOW 

GOOGLE REVIEWS: David Hambleton of Rodgers Reidy liquidators & accountants

GOOGLE MAP REVIEWS Google reviews of David James Hambleton ARCHIVED REVIEWS - Rodgers Reidy have managed to have Google remove these reviews  GOOGLE REVIEWS Google reviews of Rodgers Reidy
without evidence, these reviews cannot be endorsed by this website or its publisher

Rodgers Reidy complain to Google about  being number 4  RODGERS REIDY   Please link to this site so that we can get higher.
IN PROGRESS:

AFSA urges Hambleton to pay the money back into Court.
The Jaw Dropping sordid tale of events.
How Hambleton outsmarted himself.
DRAFT 57 page Amended Statement of Claim with major amendments and fresh incriminating allegations.

Given Rodgers Reidy Federal Court matter was a flop which cost them in excess of $50,000 in legal fees, for which they achieved nothing, Google Adword & Bingad campaigns for  Rodgers Reidy Sucks  are being developed.



HAMBLETON DITCHES HIS LAWYERS

HAMBLETON ditches  Archibald and Brown, in favour of Andrew Cheetham  Insurance Specialist  HWL Ebsworth Lawyers Brisbane and Joanna Burton  Special Counsel for  HWL Ebsworth's Brisbane Insurance Group. District Court Notice dated 30 May 2017. Based on statistics for this website, it seems SUNCORP Insurance has taken over defending Hambleton, although  HWL denies this is so.
Suncorp has registered Suncorp.Sucks, SuncorpBank.Sucks and SuncorpInsurance.Sucks for reputation protection.

David James Hambleton David James Hambleton    to the District Court (Brisbane) documents 
trustee in bankruptcy and Second Defendant, who works as a director at Rodgers Reidy (Qld) Pty Ltd, (David Hambleton CV) (Registration Details) accountants which boasts its expertise in Bankruptcy, Liquidation, Administration, Receivership and Insolvency, with offices in Brisbane (QLD company extract), Sydney, Melbourne, Adelaide, Darwin, New Zealand, Malasia, Hong Kong and Singapore is getting sued in the District Court Brisbane by a bankrupt Gordon Craven (made bankrupt by READY FLOWERS now in liquidation) whose estate he is administrating and Gordon's wife for her equity as beneficial owner of real estate (The Property The Property ) being seized by Hambleton, along with the substantial equity of Gordon's daughters in The Property. Hambleton had NO entitlement to any equity other than belonging to the bankrupt, however he wrongly seized devalued and sold The Property, and kept most of the proceeds for himself, which he then refused to hand over. Hambleton thinks just because he is licensed to administer the Bankruptcy Act he is above the law and can bulldoze through peoples lives with impunity. Wrong, wrong, wrong Hambleton, you are now undergoing a role reversal by being investigated and sued by the bankrupt, for your conscious disregard for the rights of Gordon's wife and daughters.

WHY IS HAMBLETON'S PERSONAL SAFETY AT RISK ?

Hambleton is registered with the Australian Electoral Commission (AEC) as a "Silent Elector" and his address is suppressed. According to the AEC, if an elector believes that having the address shown on the publicly available electoral roll could put the elector's personal safety, or that of the elector's family at risk, then an application with a statutory declaration to that effect, can be provided to the AEC for suppression. It will not be granted based solely on the applicant's profession.

PERHAPS BECAUSE THE FOLLOWING CONDUCT IS THE NORM FOR HIM

HAMBLETON'S CONDUCT, has caused enormous horror, hurt, sadness, mental distress and anguish to my wife (and myself), taken away my wife's financial future in her retirement years, robbed our youngest daughter, a single parent with 2 young children with learning disabilities, of her share to proceeds from the family home to which she had contributed a substantial amount to the deposit. Perhaps the worst of all has been a major factor in my wife and myself being alienated by our eldest daughter Penelope since being handled and bullied by Hambleton and causing her to lose 90% of her investment in the Property. We unconditionally love her very much and are unable to contact her, having no knowledge as to her whereabouts and as such we are deeply worried about her. However see what we all being put through in aggravation of the matter at the  WASHUP  

TREATED LIKE A DOG
And now to add insult to the injury of being treated like a dog, four Rodgers Reidy companies (including Hambleton's Rodgers Reidy QLD)  sue Gordon for telling the truth, because they are worried that the truth may impact on their Marcs and David Lawrence, $30 million administration. Well to put it as politely as possible.... Gordon says bollocks to them, they ought to be more concerned about the conduct of their director, instead of bully boy and intimidation tactics to try and conceal Hambleton's conduct, which makes Rodgers Reidy just as bad.

However, they got their just deserts on discovering that they had bitten off far more than they could chew, and had to promptly back out of their bully boy litigation on discovering that Gordon (who represents himself in court) was going to counterclaim for some 50 or so declarations. Away they went with their collective tails between their legs and their failed excercise that cost them something in the region of $50,000 PLUS to achieve a big fat zero (apart from earning a new website RodgersReidy.Sucks) and make them look ridiculous. Rodgers Reidy's due diligance had been thrown out the window and one wonders if they apply the same belligerent and stupid decisions when they manage the financial & litigation affairs of their clients given that they tout Litigation Support Services amongst the repertoire of services they offer. A fuller report is published at RodgersReidy.Sucks that includes the costs decision by Justice Bromwich of the Federal Court and an affidavit detailing Rodgers Reidy legal costs.

Trustee Hambleton in Gordon's bankruptcy, who charges $500 per hour for his services, offered zero atonement to Gordon's wife for stealing her and daughter Angela's equity in the Property, ignored an offer of settlement to avoid litigation, and failed to even provide an explanation, fails to provide answers to questions put to him in this forum, and he even sabotaged a previous court proceeding to stop his wayward conduct, by dishonouring and breaching an agreement to pay the Property sale proceeds into court (District Court File). Instead he paid most of the sale proceeds to himself and consequently a fresh court proceeding was filed on 27 September 2016 in the District Court Brisbane (District Court File) for in excess of $500,000 which now includes aggravated and exemplary damages for his offensive and insulting high handed conduct. The fresh proceeding is about how Hambleton bullied and influenced his way into becoming appointed the Enduring Power of Attorney for the bankrupt's daughter (Penelope (Penny) Djordjevic nee Craven the First Defendant), who held the the Property as registered owner in trust for her mother the beneficiary.

The Enduring Power of Attorney (EPOA) raises its own suspicions as Penny had no health ot mental capacity issues to warrant the Power of Attorney to be Enduring. This is being dealt with in the Amended Statement of Claim being drafted, and when filed a Notice of Non Party Disclosure will be issued and sent to the witness to the EPOA, a Mr Peter Charles Burbidge-King JP, in order to try and get to the bottom of this issue.

It seems that accountants and lawyers who are given huge powers under the Bankruptcy Act and thus call themselves 'trustees', like to stick together, as portrayed by comments in an article by Peter Gosnell's Sydney Insolvency News regarding this website. Peter Gosnell who somehow calls himself a 'journalist' refuses to publish a right of reply to biased and inconsiderate dimwitted diatribe that overlooks the abuse of power to cause the pain, suffering and unlawful loss of a valuable asset, to Janet Craven my wife (Pennys mother) and our daughters, without so much as an explanation and who all the time have been innocent (and solvent) parties, that have been treated like a dog.

THE BULLYING AND INFLUENCING
As per paragraphs 36 and 37 of the Draft Amended Statement of Claim to be filed in the District Court, while knowing of the beneficiary's (Janet Craven's) claim, possession and residence at the Property, Hambleton instructed Penny to send him the following false statements by EMAIL in order to get his way, so that they could execute the EPOA and a Deed of Settlement (the very next day), where it was also agreed to split the net proceeds of the sale of the Property between them (SEE EMAIL), thus cutting out the beneficiary:

…I have already resolved any valid claims against the property. Mrs Janet Craven does not hold title, nor an equitable interest, in my property.

To avoid being hauled into Court, and no doubt with the goading from her money hungry treacherous scab of a husband, the false statements were in fact repeated by Penny to Hambleton by RETURN EMAIL as per his instructions, and while it was true that Janet did not have the title in her name (as per the public record), the remainder was in fact totally false.

The EMAIL David James Hambleton's Folly evidence (redacted by Hambleton to assist in stopping the Beneficiary having contact with Penny), now forms the exhibit "JC-22" to an affidavit which has been filed in the Supreme Court - Supreme Court File, and also pleaded at paragraphs 36 and 37 of the District Court Draft Amended Statement of Claim, underpinning Hambleton's contemptible conduct of turning Penny against the rest of her family, so that he can get his way in his pursuit of fabricating evidence against Gordon. 


Further, as per paragraph 42 of the Draft Amended Statement of Claim to be filed in the District Court, after Penny had told Hambleton that she and her sister had provided the 20% deposit for the Property (which was true), Hambleton then influenced Penny to agree to the following totally false statements that he had concocted in a Deed of Settlement between them:

•  “At the time of Penelope Craven becoming the sole registered owner of the Property [in August 2006], the Bankrupt Gordon Craven provided the deposit monies to purchase the Property from the sale proceeds of properties previously owned by him.
•  “[in August 2006] The Bankrupt Gordon Craven sought to vest his right, title and interest in the name of his daughter Craven to defeat creditors.

The statements were entirely false, and Hambleton has failed to provide any particulars of how Gordon allegedly provided the deposit monies or the identity of creditors he allegedly intended to defeat way back in August 2006. That's because he can't, by the whole thing being based on a bogus fabrication rather than fact. Even if the statements were true (which they're not), that doesn't give Hambleton a licence to rip-off Gordon's wife and daughters.

Not happy to leave it there, Hambleton then conjures up another false allegation that in October 2008 the beneficiary and Gordon paid $550 for the beneficiary's solicitor to prepare a fake Declaration of Trust document. Once again Hambleton fails to provide any particulars to support his ludicrous and imaginary allegation in order to clutch at the straws of his bogus defence which wastes everybody's time and just postpones his eventual demise.

WRONGFUL EVICTION OF THE BENEFICIARY AND GORDON
Once he achieved the EPOA, Hambleton's henchmen then trespassed (by climbing over locked gates with prominent "No Entry" signs), changed all the locks and locked out the beneficiary and Gordon age pensioners in their retirement years from the Property while they were not home, and thus causing them to be evicted and locked out of access to their belongings. Hambleton then helped himself to property belonging to the beneficiary (Penny's mother) including trying to sell 2 shipping containers Shipping Containers on the Property, with stored belongings and which belonged to the beneficiary, and Hambleton being fully aware that the containers belonged to the beneficiary. Hambleton reckons he had them sold to ANL Containers and was going to complain to police when they vanished prior to collection, well BooHoo Hambleton the beneficiary was able to retrieve them back and sell them herself.

DEFAMATION OF THE BENEFICIARY AND GORDON
Hambleton then humiliated Gordon and his wife by defaming them over an extensive period, by falsely publishing on Rodgers Reidy letterhead that they had abandoned the Property when in fact they did not. This baseless and venomous attack on the beneficiary and Gordon for reasons only known to Hambleton, wrongly left them with being labeled as bottom feeding riff-raff that abandon a property at willIt is profoundly annoying and frustrating, that Hambleton STILL serially perpetuates his lie of abandonment while ignoring the substantial evidence (that includes 2 sworn affidavits) and legal authority provided to him and his lawyers, that the Property was not abandoned. His oppressive belligerence makes his conduct all the more annoying and frustrating. Apparently it doesn't occur to Hambleton, that normal honest and diligent people, do not abandon a property and leave valuable possessions worth thousands behind, for someone like him to come along and loot.


UNDERSELLING THE PROPERTY
After the wrongful eviction, Hambleton then let the uninhabited Property be run into the ground and be vandalised and incur thefts, until he eventually sold it for $348,000 some six months later. It was sold for far less than it was worth, considering all the improvements made as listed at paragraph 22 in the Draft Amended Statement of Claim, and being purchased 10 years earlier for $350,000 supported by 2 valuations by registered valuers. When sold for $2,000 less than what was paid, Hambleton kept most of the proceeds for himself giving none to the true owner.... the beneficiary who had worked for many years to pay the mortgage and make improvements, saying that she was not entitled!! after admitting multiple times that she was a beneficiary as per paragraphs 30 to 32 of the Draft Amended Statement of Claim.

WHAT THE LAW SAYS IN SUCH A SITUATION
It is alleged at paragraphs 129 to 138 in the Draft Amended Statement of Claim, that Hambleton "knowingly received" the proceeds of sale that were subject to a trust which Hambleton chose to ignore. Bullen & Leake Precedent of Pleadings at 62-02, provides that the following 3 ingredients must be proved in order to establish liability for knowingly receiving a trust asset such as the proceeds of sale:
(a)   there has been a disposal of an asset (the Property) in breach of a trust or fiduciary duty (Penny's liability with assistance from Hambleton and his Archibald & Brown lawyers);
(b)   the receipt of the proceeds of sale of the Property are traceable to Hambleton;
(c)   Hambleton has knowledge that the proceeds were acquired in breach of a trust or fiduciary duty
trust and fiduciary duty are admitted at paragraphs 6(a) and 7(a) of Hambleton's Amended Defence. Along with "knowing receipt" there is also the allegation of Hambleton's "knowing inducement" which is covered above in the  Bullying and Influencing segment . Knowing receipt and knowing inducement, which also has been described as "dishonest and fraudulent design" which in the current context according to Bullen & Leak means, "not acting as an honest person would in the circumstances". These are two separate causes of action that have become know as the two limbs of Barnes -v- Addy (1874). Further info is at Personal Liability of Accessories/Recipients.

DISHONEST ASSISTANTS BEWARE
Interestingly Bullen & Leake Precedent of Pleadings at 62-12, also provides, "Liability for dishonest assistance is not restricted to those who assisted in the original disposal of funds in breach of trust or fiduciary duty. It extends to everyone who consciously assists in continuing diversion of the money". This would appear to bring into play the events set out below in the  Underhanded Trick . As such, all persons that assisted Hambleton, can be assured that they will also be sued in due course.....  24 Resolute Court, Newport QLD 4020  <$>  24 Resolute Court, Newport QLD 4020

THE BENEFICIARY'S USELESS DUNCE OF A LAWYER
Prior to these events the beneficiary did have a lawyer that had put a caveat on the Property on 8 October 2015, but he was such a useless dunce that unknown to the beneficiary he had based the caveat on an unstamped Declaration of Trust document that he had prepared in 2008 that was unenforceable unless over $10,000 in stamp duty was paid in 2008, which grew to $20,000 with interest in 2016. A little item that the useless dunce failed to tell the beneficiary about until 2016. And not only that, he also failed to lodge the caveat correctly. Hambleton then swooped by ignoring the historical facts of the Property being in a constructive trust for a family home since its purchase, and put his underhanded trick (see below) into play, which took a shameful and outrageous advantage of the beneficiary and daughters. It's all (and much more) in the 54 page Draft Amended Statement of Claim

Although the caveat was worthless for two reasons down to the useless dunce, this wasn't known at the time by the beneficiary and Hambleton had required the beneficiary to back the caveat up by initiating a court proceeding pursuant to subsection 126(2) of the Land Title Act, in order to to establish her interest claimed under the caveat. The useless dunce, went and started a District Court proceeding when he knew or should have known the caveat to be unenforceable, and based on what he caused to be defective by failing to notify the land titles registrar of the court proceeding pursuant to subsection 126(4)(b) of the Land Title Act. So by the caveat being unenforceable and defective, the beneficiary would never have had the intention to enter the Declaration of Trust (which cost $550 in 2008) had she been aware of the stamp duty, nor deal with this useless dunce of a solicitor in the first place. 

Apart from the mess that he created, the solicitor did strike an agreement with Hambleton's lawyers to pay the sale proceeds into court. However Hambleton sabotaged (what he caused to be initiated by subsection 126(2)), by as said before, dishonouring and breaching his part of the agreement to pay the sale proceeds into court.

THE UNDERHANDED TRICK
The beneficiary was reliant on the previously mentioned agreement for Hambleton to pay the sale proceeds into court and as long as this happened the failed caveat was not pivotal. The useless dunce kept his negligence from the beneficiary a secret until early March 2016 when he without notice just quit, leaving the beneficiary unrepresented and without a caveat, and saying "it's all to difficult". In February 2016 Hambleton had achieved a contract to sell the Property, and as said before, for far less than it was worth. However Hambleton and his Archibald & Brown lawyers made no attempt to inform the beneficiary of their intentions to repudiate and dishonour the agreement and they ignored correspondence from the beneficiary. However the beneficiary had no reason to believe that the agreement would not be honoured. The beneficiary was wrong in her belief, contrary to good ethics and contract law in the circumstances, Hambleton and his lawyers in fact intended to and did, keep it a secret that they were not going to pay the money into court and they did not advise the beneficiary of their underhanded trick until two weeks after the sale had been completed in mid March 2016, of course by then it was too late to lodge another caveat.

Hambleton and his Archibald & Brown lawyers then washed their hands of the matter and cast blame on Penny for any loss the beneficiary had incurred. They told the beneficiary that she asked too many questions and that Hambleton was not the proper recipient for such questions, and further told her that as the matter was confidential she should direct her questions to Penny her daughter, who they well knew to be estranged from the beneficiary.  

Was this a Hambleton/lawyer dirty trick?...  contact Gordon  and provide your thoughts. Judge Robertson had no reservations about identifying that there had been a breach of agreement, and when he interrogated Hambleton's lawyer Mr. Leslie Moore nee Venville (in the previous court proceeding) as to if he thought it was ethical to breach the agreement during and relating to a court proceeding, the lawyer replied, "it hadn't crossed my mind your honour". 

As there had been no money paid into court, and the Property had been sold, there was nothing else to decide according to Judge Robertson, and the matter was struck out (i.e. sabotaged). The useless dunce did eventually refund his fees under consumer guarantee legislation (yes lawyers are subject to this legislation) to the beneficiary, but he did need some prompting because of the free website his law firm was given, similar to this one. Was he actually colluding with the other side?... not unknown amongst the fraternity of unscrupulous lawyers.

PENNY WENT TO GROUND
After being bullied and handled by Hambleton, in June 2015 Penelope had gone to ground and unfortunately she needed to be made First Defendant in order to get at Hambleton. She avoided being served with the court documents and serving her was overcome by a Court Order by Judge Devereaux in the current court proceeding for Substituted Service to her Facebook account, which she then promptly closed down. All because Penelope became brainwashed after marrying this despotic rat... Peter Djordjevic Peter Djordjevic who looks like something from ISIS and who provides Penny with her legal advice which includes going to ground to avoid service of court documents, however orders for Substituted Service overcomes this dimwitted advice.

INVALID EXERCISE OF POWER
Apart from trying to justify his conduct within the statutory duty imposed on him as set out in the AFSA performance standards for bankruptcy trustees modelled on Schedule 4A of the Bankruptcy Regulations 1996, the main trouble now for Hambleton is that Penelope as the then trustee for her mother the beneficiary owner of the Property, was required in law to abide by her trustee duties and also her fiduciary duty (the highest standard of care). As such, her duties and standard of care didn't include her providing an EPOA to Hambleton, and in doing so, her power as trustee was not validly exercised. She in fact needed consent from the beneficiary owner to provide the EPOA to Hambleton. There was no consent. Even if the beneficiary was Gordon and his wife as Hambleton wrongly alleges, Penny knew that she held the Property as trustee and there was still no consent. Hambleton has admitted that he knew Penny held a fiduciary duty to the beneficiary, and he knew that Penny had no authority to provide an EPOA to sell the Property without consent, therefore to get an EPOA, it was essential to go to court to try and get a court order against the beneficiary's interests. He didn't do that, as said before, instead he threatened to haul Penny into the Federal Court for interrogation and claim his costs from her, together with unduly influencing her and offering her 50% of the Property sale proceeds in order to get the EPOA, which when provided was also invalid because Penny lacked the power to provide it because of her being trustee for the beneficiary. Of course Penny was also taking legal advice from her clueless treacherous scab of a husband, and it would appear from his belligerence, Hambleton did too. I guess it's no wonder that Penny's loyalty to her mother was impaired.

So instead of testing the matter in court as the bankruptcy trustee did in the Supreme Court matter of Clout v Markwell [2001] QSC, where trustee Clout sought and failed to get his hands on property belonging to a beneficiary, Hambleton has foolishly cut corners in dealing with the Property without proper authority (in his own words by "avoiding costly and time consuming litigation"), and as said before, he sabotaged a previous court proceeding which he had caused to be initiated, where he could have applied for a court order. Tamer v Official Trustee in Bankruptcy [2016] NSWSC was a case where the trustee in bankruptcy ignored the beneficiary's interests and actually transferred the family home into his own name. Wrong wrong wrong, a constructive trust for Tamer was declared and the trustee had to fix his errors and transfer the property back to Tamer. Arguing a Trust on Bankruptcy provides a simple commentary on the matter. Moral of the story - title doesn't always show beneficial ownership, and should serve as a warning to trustees wielding the power of the Bankruptcy Act licensed to them by the Australian Financial Security Authority (AFSA)

THE AFSA WATCHDOG STOOGE DOES NOTHING
Instead of enforcing a trustee's duties as set out here ("registered trustees are required to maintain the utmost professionalism, independence, impartiality, honesty and ethics in their dealings..."), in reality AFSA doesn't give a shit about a trustee's conduct, thus forcing it to be litigated in a court. Then when it does get filed in court, they say... oh we can't address that issue, because it's being decided by the court.

AFSA PUBLISHES AT - 3 The Legislative Framework > Schedule 4A Performance standards for trustees > 2.9 Ownership or interests in assets, as does Schedule 4A of the Bankruptcy Regulations 1996 at 2.9:

"In determining the ownership of, or an interest in, an asset that is part of divisible property, the trustee must act reasonably and claim only the amount that fairly represents the interest in, or value of, the asset."

ASSETS OF THE BENEFICIARY WERE NOT DIVISIBLE PROPERTY because she was not the person who was bankrupt.
 PLEASE EXPLAIN AFSA, or Mr. HAMBLETON at the Contact Form below 

Complaints were first made to AFSA on 21 April 2016 and 22 April 2016 via a defective online complaints form that AFSA published at the time. A response by Nanette Dewanto Senior Inspector Regulation and Enforcement provided a whitewash, by letter summarily dismissing the complaints by taking the side of Hambleton’s version of events without further investigation and fact gathering. As AFSA exhibited incompetence and bias in addressing complaints, there was no other option but to file the matter in the District Court (District Court File). A further complaint was made to AFSA regarding the Dewanto whitewash. A response was received from Charles Smith Director Inspector Regulation and Enforcement. He later advised that he would initiate an Internal Review by senior officer Paul Devellerez, and advised (which was interpreted as) a review that would be restricted to issues where only Hambleton could provide his side of the story, which as before is unlikely to be sworn. Considerable time was spent putting together details and supporting evidence to the beneficiary's complaints which was sent to Smith. Director Smith subsequently advised by emails of 6 and 7 February 2017 that the complaints are before the Court and as such will not be investigated. The following response was made to Director Smith copied to Veronique Ingram Inspector-General in Bankruptcy on 6 February 2017, (re-phrased to be more appropriate for publication):

"Are you telling me that you also, along with Hambleton, are refusing to accept the sworn affidavits of my wife and I as evidence regarding Hambleton's false allegations of abandonment?
No response on this particular request has been received.

AFSA finally did come back and say that Hambleton was being advised the he should pay the money back in Court that he had previously kept for himself.

So in the current District Court proceeding that may have been averted if AFSA had not been so useless, incompetent and biased, Hambleton is ducking, diving and dodging answering the hard questions being put to him, including making evasive blanket denials and nonadmissions in his Defence pleading without providing direct explanations for the denials and nonadmissions. This is in blatant contravention of Court Rule 166 - Denials and Nonadmissions, because he says he is "confused" and it's all "irrelevant", however as a consequence of his improper denials, subrule (5) of the Court Rule 166 makes them become deemed admissions. And now in an Amended Defence he falsely conjures up that the beneficiary's position is a SHAM, which is again in total contravention of court rules as his SHAM allegation it totally without particulars, as is required by Court Rule 157 . However zero particulars does appear to be in line with a multitude of his defence statements that facts are not within his knowledge.

THE WASHUP
The washup is that to get to the core of all these matters, as the law currently stands as handed down by the High Court in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, because of Hambletons belligerence in failing to admit fault, Gordon and his wife are put in the undesirable position of having to prove that their daughter Penny was dishonest and fraudulent or as further interpreted by the Supreme Court of NSW Appeal Court in Hasler v Singtel Optus Pty Ltd, to be a "transgression of the ordinary standards of honest behaviour". This would never have happened but for Hambleton's delinquent conduct and Penny being married to this spiteful & controlling piece of crap.  

WHY GORDON WAS MADE BANKRUPT
Gordon Craven was made bankrupt when, in the public interest as a service to consumers and without representation, he sued and lost to persons that are involved in deplorable conduct regarding consumers, florists and review sites as shown at the following websites: Ready Flowers Review and Ready Flowers Australia. The only consolation to Gordon is that it cost the persons (the Hegarty clan) well over $200,000 to employ a legal team to represent them over a 6 year period, together with also attempting to sue Gordon and his wife for defamation (District Court File), for which the result is, those persons now appear to be in financial trouble... SEE ready Flowers Unravels, whilst apparently also being under investigation by the ACCC... more info on that is HERE

The main reason for losing, was that at the beginning of 2009 Ready Flowers Pty Ltd was replaced as operator on the Ready Flowers website with Ready Flowers Limited (RFL). A search revealed that RFL was not registered in Australia and even ASIC in a letter said that it was misleading or deceptive as neither ASIC or Gordon or anyone else knew that RFL was registered in Hong Kong as the website did not reveal it nor did the Ready Flowers solicitors in Perth. Gordon assumed that it was some sort of bogus attempt to hide the true operator of the website which would have been in line with the way the website operated. It wasn't until the first day of trial in August 2012 some 2.5 years later that Peter Hegarty produced THIS AFFIDAVIT to say that the business had been sold to RFL in Hong Kong which in fact Hegarty had founded in 2008. Had Gordon known about the facts deposed in THIS LATER AFFIDAVIT of Peter Hegarty made in 2016, about his "long standing involvement" with RFL (at paragraph 48), and his control of paying (or not paying) hundreds of thousands of dollars owing to florists on behalf of RFL DEMONSTRATED BY HIS CONDUCT HERE, and throwing insult around with words like "well you just kissed your money goodbye", in this email, things could have played out differently. In a nutshell, the Ready Flowers SCUM and their lawyers and barrister Catherine Muir now Judge Catherine Muir, caused Federal Court judges to find that Ready Flowers AU was not connected to Ready Flowers HK. Given the matters below where the liquidation of Ready Flowers AU has caused Ready Flowers HK to close down, the judges would appear to have been wrong.

READY FLOWERS SCUM PUT INTO LIQUIDATION
Gordon had identified this outfit as SCUM back in late 2008 when he was sent Ready Flowers orders when he worked as a florist admin WA Business News Report 2009. Unlike other florists that have now been burnt, no way was he going to process any orders for this bunch of crooks. He has tried and tried again many times to get the ACCC and state Fair Trading so called watchdogs interested, which has all been in vain. However it seems the chooks have now come home to roost, not before a massive amount of consumers and florists have been scammed though, in the 9 or so years since 2008. More info is at ACCC Report.
Ready Flowers Pty Ltd has now gone into External Administration  Ready Flowers External Administration  and into liquidation with ACCC and Fair Trading chasing them.
THESE READY FLOWERS SCUM (and apparent cohorts of Hambleton) have gone into external administration owing hundeds of thousands of dollars. FROM WA NEWS: 26/04/17 Perth online flowers seller placed in administration

UPDATE: Pursuant to this SUPREME COURT APPLICATION on 26/04/17 READY FLOWERS WERE ORDERED TO BE WOUND UP
27/04/17 - SA Solvency Accountants announced - READY FLOWERS HAVE NOW GONE INTO OFFICIAL LIQUIDATION and like a phoenix rising from the ashes, the SCUM re-open as online florists. More about that at readyflowersreview.hk.
Interesting that the SCUM have apparently removed their presence from LinkedIn and Facebook ... how they've changed suddenly from showing off whether they were at Monaco or Melbourne Grand Prix ... AFL Grand Final, somewhere in Europe drinking expensive champagne etc etc ... now they're flat out hiding. READY FLOWERS LIQUIDATION ORDER  READY FLOWERS LIQUIDATION ORDER   
AND they have re-badged Ready Flowers to be zFlowers. SEE ZFLOWERS.SUCKS and the SCUM won't be too pleased about this Sydney Morning Herald story: Phoenix activity investigation into Ready Flowers and ZFlowers 

When the SCUM were emailed by Gordon giving them the address of their nearest Centrelink office, SCUM replied.... "I wish to receive no communications from you and the matter will be referred to the police under stalking legislation if you contact me again"

FURTHER DEBACLE REGARDING HAMBLETON AND THE SCUM
After Hambleton wrongly and secretly seized around 20 essential domain names belonging to the beneficiary's florist company website in order to sell them, he then wrote to the hosting company FLUCCS that hosted those domains causing a closure of the company account. Why did he do this?... well the term malicious comes to mind as the domains were virtually worthless, did not belong to the bankrupt Gordon, and along with the hosting were paid for by the company and only of value to the company's online florist business. However Hambleton then went and sold them to the SCUM competitor outfit. To Gordon's outrage, Hambleton also seized Gordon's personal domain GordonCraven.com which caused Gordon substantial inconvenience and loss of incoming emails over an extensive period. The domain was also wrongly sold to the SCUM competing florist who was also in litigation with Gordon, allowing that SCUM opposing litigant and competitor to access private and confidential emails sent to Gordon.

Hambleton could not seize readyflowersreview.hk as the registrar would not hand it over. So Hambleton then extended Gordon's bankruptcy from 3 to 8 YEARS for refusing to hand over the domain readyflowersreview.hk registered in Hong Kong and its website. Hambleton's Lawyers while acting for Ready Flowers, purport to have sold the domain to Ready Flowers for one hundred dollars ($100 EVIDENCE is at paragraphs 7 to 10 highlighted on the third page of this Defamation Action by Ready Flowers and Peter Hegarty). After the purported sale for $100 was published on this website, Hambleton then adjusted the $100 figure, and now claims at sub-paragraphs 33(b) and 33(c) of this AFFIDAVIT to the FEDERAL COURT that the sale figure is $10,000 (ten thousand dollars).

The contradiction is 

bizarre

, which is it Hambleton... $100 or $10,000???
  contact Gordon  to let me know as if the $10,000 is false, it could be seen as the Absolute Liability offence of Attempting to Pervert the Course of Justice, the judicial power being that of the Commonwealth, and if false, Gordon will expect Rodgers Reidy and their deponent lawyer Stephen Polczynski to correct the Court Record and advise Justice Bromwich.

Ready Flowers cannot even pay its local florist supplier partners, SEE Ready Flowers Unravels and is suspected of trading while insolvent, so how was it going to come up with $10,000? A mate of Gordon would have paid a mere two hundred dollars if given the opportunity, and heaven knows what someone that hates Ready Flowers and the controlling Hegarty family's guts would have paid, like someone from HERE. Anyhow at some time in the future the Federal Circuit Court or Federal Court is likely to hear more about all this pursuant to Control of trustees by the Court legislation, as Hambleton not only wrongly seized and sold the beneficiary's Property, he also plundered her company business

Interesting to note that Hambleton's original lawyer has four of the Hegarty clan Peter Hegarty, Thomas Hegarty, Deborah Hegarty and Sebastian Hegarty, as his Facebook FRIENDS.

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Draft Statement of Claim

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Filed Originating Process

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CAUSES OF ACTION:  Breaches of Trust  • Breaches of Fiduciary Duty  • Unconscionable Conduct  • Equitable Fraud  • Trespass  • Continuing Trespass  • Wrongful Eviction  • Defamation  • Assisting Breach of Trust  • Breach of Agreement  • Receiving Trust Money  • Misfeasance in Public Office
AUTHORITIES INCLUDE:  2 limbs of Barnes v Addy (1874)  •  Plenty v Dillon •  Kuru v State of NSW  (aggravated & exemplary  damages in 2008 - $418,265  for trespass by police)
RELIEF:  Numerous Delarations  • Damages  • Aggravated Damages  • Exemplary Damages • Vindication and Vengeance for being treated like a dog.
LEGAL ADVICE TO PLAINTIFFS: QPILCH
HAMBLETON DEFENDANT and READY FLOWERS LAWYERS: Archibald and Brown (who the Ready Flowers' $200,000 went to) with principle lawyer Leslie Venville who changed his name to Leslie Moore (who checks this website out on a regular basis) and debt collector partner in litigation Semele Moore. Here is  some history with Venville and Co.
Archibald and Brown
 employs Craig Lindley  Craig Lindley  process server, publicly reprimanded and fined $7,000 by QCAT for DISHONESTY.
AUSTRALIAN BANKRUPTCY VIDEOS  YouTube

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we would like to hear from any persons with previous complaints regarding David Hambleton of Rodgers Reidy     
Hambeton and his  lawyer can always explain or access a right of reply via this contact form



DISQUS



THE ACCC HAS FAILED FOR 8 YEARS:  ACCC REPORT
ZFLOWERS SUCKS: ZFLOWERS