PROCESS SERVER

sued for breaking & entering
& misleading the OFT

WARREN RUSS

The Queensland Government Office of Fair Trading (OFT) licence people like Warren Russ to go about Debt Collecting, Repossessing Property and Process Serving. BUT OH.... when it comes to investigating glaring breaches of the Debt Collectors (Field Agents and Collection Agents) Act QLD that control these individuals, the stories of how OFT turn a blind eye, are jaw dropping. An object of the Act (section 8) is to protect persons against particular undesirable practices associated with people like Warren Russ, who appears to be a person that divests his assets to members of his family (in case he gets sued), and goes about hiring mimself out to do the dirty work of unscupulous lawyers. His yearly license fee of $1,377 to OFT, could be seen as protection money. More about that later.....

There is evidence that Warren Russ has made false or misleading statements to the OFT regarding his conduct, which is an offence. But getting OFT to do anything about it is fraught with frustration, especially when OFT states there is no evidence while refusing to receive the evidence, and pisses around that much causing the statutory time for their prosecution to expire, and then OFT says..."well its out of time so we can't do anything".
And of course the Minister Yvette D'Ath is totally useless and does SFA.
Yvette D'Ath
Courtesy Courier Mail
Attorney-General Yvette D'Ath in Question Time.
Picture: Darren England/AAP


Consequently private citizens have to take their own civil action, however the benefit is, that a civil action is time limited to 6 years, unless there is personal injury where you have to file the claim in court within 3 years.

It's disturbing that one doesn't have to look far to find a culture of cover up being rampant within lazy government agencies and politicians in Australia, thus creating an ingrained problem for society. It's also ironic that Yvette D'Ath oversees the OFT cover up, but as Justice Minister also oversees the District Court, whose Judges I am sure would complain of the increase of litigants in person, like myself.

================
Plaintiff's
Consumer Protection Report

Yvette D'ath Attorney General Queensland

Minister for Justice & Attorney General Queensland

Minister for the Office of Fair Trading Queensland (OFT)

UNANSWERED OPEN LETTER OF COMPLAINT

Warren Russ along with his company Commercial & Process Services Australia Pty Ltd thinks he can go about his business as a licensed (by the QLD Government Office of Fair Trading) process server with impunity by serial trespassing in climbing over gates with no entry notices attached multiple times, then unlawfully breaking and entering into private premises by cutting a lock on a gate and breaking a lock on the premises, evicting tenants in legal occupation, without first obtaining a mandatory Warrant of Possession. Warrant of Possession.

SINCE PUBLICATION the Queensland Government has seen fit to remove their Warrant of Possession page that the above link went to. AS SUCH please find the ARCHIVED VERSION HERE

THE SHAM... Russ and his instructors, did not even try to contact the Age Pensioner tenants beforehand when they possessed multiple methods of contact. In fact there were multiple correspondences between the tenants and the instructors in the fortnight leading up to the breaking and entering, in which an alleged abandonment was never mentioned. Instead the persons instructing Russ (one being a lawyer) were secretly concocting a Sham, in order to facilitate a false allegation that the tenants had abandoned the premises, when they were merely temporarily absent.

"At no time can a tenant be removed from the premises without a warrant of possession from QCAT (section 353 RTRA Act)..... "Police enforce warrants of possession, and they will notify the tenant of the day they intend to execute the warrant of possession"

When Russ was confronted after breaking and entering, in the face of being told that he was trespassing and that the premises had not been abandoned and were legally tenanted, and while having access to the then current tenancy agreements, Warren Russ chose to ignore these facts in favour of executing the abandonment Sham. He also chose to ignore the fact that one tenant was the beneficial owner of the whole property.

As a result, a tenant (the Plaintiff) was taken by ambulance to hospital and Russ subsequently went about changing all the locks on the premises and the gates in the perimeter fence, thereby locking the tenants and beneficiary out of the property and their possessions. This then allowed the persons instructing Russ to go about selling the property and the tenant's possessions without dealing with the interests of the beneficiary and tenants.

"The lessor or agent should not re-enter the premises until either the keys have been returned by all tenants or the police have executed the warrant"

SINCE PUBLICATION the Queensland Government has seen fit to remove their publication at the above link. AS SUCH please find the ARCHIVED VERSION HERE (see bottom paragraph)

In doing all this, idiot Russ has contravened a smorgasboard of legislations and offences together with multiple common law trespass. This unbelievable arrogance is being dealt with by the District Court Writ where this numb nuts henchman and his company are being sued for $300,000, which includes a claim for exemplary damages to provide a deterrent to Russ and others in the same industry that this sort of egregious conduct is not tolerated.

One wonders if the persons that instructed Russ, are going to throw him under the bus. This regulation should set a standard for Russ to verify the truth of instructions given to him. Russ clearly chose to rely on the fabricated Sham, instead of the law.



Stage 2 of the saga from:

Pleading.com.au

Filed in the District Court Maroochydore Queensland

District Court File

DISTRICT COURT WRIT

SEE THE PATHETIC DEFENCE
DEFENCE
failing to plead to illegal conduct
pleading a defence unavailable in law
failing to plead according to the court rules

REPLY TO DEFENCE

Office of Fair Trading Compliance and enforcement policy and standards INVESTIGATION PRINCIPLES INCLUDE:
3.5.1 
• All parties directly involved in an alleged breach will be afforded the principles of natural justice, to ensure fairness, by being approached personally by the investigator (where practicable), given an opportunity to be properly heard, and have any adverse material put to them for comment before a decision is made.
• The investigation process will be accurately documented in a timely manner, with all actions and decisions being accountable and transparent.

REVIEW 5.4.1 
Following a request to review the receiving officer’s supervisor will record and action the request without delay. This information is to be recorded in the appropriate section of the MACS database, the OFT’s Complaints Management Register and a hard copy file shall be maintained by the originating office.
5.4.2 Internal Complaint Review
Internal complaint review is designed to more closely scrutinise investigative methodology, and practices during the conciliation.
OFFICE OF FAIR TRADING QLD

LATEST NEWS 7 May 2018 :
New evidence has come to light regarding an outright incompetent investigation and review of the Plaintiff's complaints to the OFT about OFT licenced Field Agent Warren Russ and OFT registered subagent Craig Lindley, and how the OFT ignores its duty to the public created by legislation by allowing these persons to mislead it, and allow unchallenged false or misleading and defamatory records, to be retained on OFT files.

The evidence confirms that Warren Russ and his subagent Craig Lindley on behalf of Russ, wilfully made multiple false or misleading statements to the OFT regarding the Plaintiff, which includes false defamatory statements about the Plaintiff, so as to escape being prosecuted with multiple Unlawful Entry offences and to retain their licence and registration issued by the OFT.

Making false or misleading statements to the OFT is an offence.

The idiot OFT has not taken steps to ascertain the truth of the defamatory material and publishes the material to OFT staff and others. Those responsible leave themselves open to being sued for defamation without protection of qualified privelidge, because the material is false. 

Given the Plaintiff already has defamation proceedings going on in the District Court, another can be accommodated in due course.
OFFICE OF FAIR TRADING QLDThe OFT in their negligence did not test the truth of these false or misleading and defamatory statements by applying the principles per 3.5.1 above, even when the OFT made a so called "review" of the investigation, and as such failed to give the Plaintiff right of reply.

In the so called "review", the OFT did not closely scrutinise investigative methodology as it is required by 5.4.2, and appears did not comply with 5.4.1, or in any event did not make an accurate documentation of all actions and decisions per 3.5.1.

The OFT withheld the false or misleading statement and defamatory evidence from the Plaintiff when he made a Right to Information application. Accordingly, the so called transparancy is a joke, as to accountability... well that's underway.

The legal department for the Department of Justice and Attorney General have been informed of these matters, and the Plaintiff awaits to see if they too, are going to turn a blind eye.

Depending on any OFT response, Concerns Notices pursuant to the QLD Defamation Act are being considered for delivery to:
•  The OFT Chief Executive;
•  Relevant OFT staff;
•  Warren Russ;
•  Craig Lindley.

This information is released in the public interest to expose how the OFT would rather cover up an offence, instead of prosecuting it.

FURTHER REVIEW REQUEST

By notice given by OFT on 8 May 2018,
A FURTHER REVIEW IS UNDERWAY



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