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Healthy female "dog" to breed with Parson Russell Terrier, to produce ASSISTANCE DOGS.   Rochedale South QLD 4123
I wish to breed from my Parson Russell Terrier. He is a trained assistance dog. He has a wonderful nature. The breed of his mate could be varied or a cross; eg Parson Russell Terrier, Jack Russell Terrier, Beagle, Bull Terrier, Bull mastiff, Staffy, and/or Fox Terrier plus many others. She does not need to be "pedigreed". I am very protective of my dogs. She will become very valuable to me and become one of my assistance "dogs". If we can assist each other, please contact me on my contact form, including your email address and your landline phone number so I can phone you to discuss. 

Because I am disabled and have an LLB [so therefore understand the Law surrounding disabilities and assistance dogs] I am now branching out to providing Assistance dogs to disabled persons [even if disabled in only a minor way and so not even realizing it]. This is not a business proposition but rather just a very necessary service I can offer to the community.
Many people have a disability and do not realize their ailment or "problem" is by law, the Disability Discrimination Act 1992 (Cth) [DDA], classified as a "disability". This is especially so for people getting on in years, and who have a dog, and are maybe moving to accommodation where they are told they cannot take their dog. In a majority of cases, those people cannot be legally forced to surrender their animal/dog.
I will be assisting those person who already have dogs, but are being forced, unlawfully, to dispose of them because maybe they are moving accommodation. I can train your existing dogs to be assistance dogs and provide the documentation as required by the Disability Discrimination Act 1992 (Cth) [DDA]. I do not intend to charge for this, but just maybe cover some marginal costs.

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Fraud, Thief, Hugh McVean Voids the Special Fiduciary Duty he Owed to Russell Mathews Did Hugh McVean kill Daniel Morcome?

Australian Law Publishers
Pty Ltd ACN 010 615 933 [AuLP]


Reg. Office: 254 Hawken Drive, St Lucia, Qld. 4067, Australia.  
Editor-in-Chief:  Russell G H Mathews BCom BSc LLB BA      EMAIL your advice:  Please Please make a donation using BPay.  using  Please make a donation using BPay. 


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Menu: Hugh McVean, Coral McVean & John McVean

../Progressively building a Cascading Drop Down Menu for McVean's Fatal Smash that gave Hugh McVean PTSD which made him devious, scheming, cold and callous and without a conscience;

Progressively building a Cascading Drop Down Menu for McVean's Fatal Smash that gave Hugh McVean PTSD which made him devious, scheming, cold and callous and without a conscience;

Fraud, Thief, Hugh McVean Voids the Special Fiduciary Duty he Owed to Russell Mathews.

On the 25 February, 2005, I received a report from a lawyer which stated in part, this most important legal principle: [I will add my comments below.]

'In the circumstances however the breach of your brother[-in-law]’s fiduciary duties could constitute the fact that he;
a. Does not acknowledge openly the option or if he does, nonetheless claiming to have lapsed; or it
b. Is failing to agree to transfer the property to you for an agreed amount in terms of the Trust initially created when the property was acquired.

'I have had the benefit of reading through the report of Dr. Brian Hazell which you have emailed to me and for which I thank you.  {  EDITORIAL:  I will make it public, but with an explanation of the underlying  UNDIAGNOZED, for 40 years, REASON.
    Dr Hazell';s Report is here.  According to the law, under any difinition I am disabled.  In a civilized country, I have legal rights because of my disability..  The results of testing and the observations recorded are valid.  The undiagnozed Obstructive Sleep Apoea [OSA] does explain so much, and that I was in no way responsible for what has happened to me, but I believe what I have achieved with much effort and perseverence and sacrifice, is a credit to me.  I make no apology for believing that. As a consequence of what I have suffered over 40 years, I am definitely disabled. }  
In the light of that report I would state that this follows:-

' The issue of Unconscionable Conduct .

'Based on that report and the various comments and diagnosis that Dr. Hazell makes about your condition, it would be clear to say that the persons dealing with you require to be careful in their conduct towards you and not to take advantage of you.

'In that light particularly Mr & Mrs McVean being members of the family and knowing your history, [ see admission by Hugh McVean below], would clearly be said to be in a trusting position in respect of your affairs and the Hawken Drive property.

'Your medical condition therefore would clearly impose a special duty on Mr & Mrs McVean in the manner that they treat you and the arrangements with which they had entered into with you in respect of the Hawken Drive property.

'Accordingly your claims that you had an option or that the property was held in trust for you would be more than plausible and it is my view that you would have a relatively good cause of action against Mr & Mrs McVean in respect of raising the claims I have referred to in this letter.'

Hugh McVean is a common criminal who thought he could use the corrupt legal system to defraud me, Russell Mathews, by thinking he could use my substantial disabilities to defraud me, to prove just how good he is.As one trained to be a lawyer, I can advise that that this "Special Duty" would in fact be a FIDUCIARY DUTY.

A FIDUCIARY DUTY is of such a high level, that a FIDUCIARY [the one upon whom the
FIDUCIARY DUTY is imposed] cannot contract out of it.  [That would be akin to telling the beneficiary that the beneficiary has given his TRUSTEE the right to take advantage of him.]

Importantly, a Fiduciary cannot make a gain or profit at the expense of his beneficiary.  In any disagreement or conflict between a Fiduciary and his Beneficiary, the Onus of Proof that the Fiduciary has acted properly towards his beneficiary, is fully upon the fiduciary.   

An interesting intellectual extension to this topic, is the situation of where a solicitor, who already owes each of his clients a fiduciary duty even when they are not disabled or suffering 'medical conditions' that imposes a Special Duty,  to not take advantage of them,  becomes aware that his client fits within this class, of being the beneficiary of this "imposed Special Duty".  Well, as you may expect, the solicitor is likely to 'freak out'.  See how this solicitor reacted.

  As stated above, this solicitor did state:  "I have had the benefit of reading through the report of Dr. Brian Hazell which you have emailed to me and for which I thank you."
He added subsequently:
"2. Our Association:
Once again it is because of the comments and diagnosis of Dr. Hazell in his report I acknowledge that I have a special obligation to ensure that you are not lead into unnecessary and frivolous litigation.
It is for that reason that I have had a looked at the issues you have raised in a sober manner and until such time as we reach agreement as referred to above by Client Agreements I am hesitant to simply provide to you indiscriminate advices as to your rights and remedies.
It is obviously of some concern for me that at a later stage in our association that you do not raise a claim against me for either breaches of the Client Agreement or other obligations that I have to you.

It is for that reason to ensure that there is no misunderstanding between us that I would prefer that communication between us in most parts be via email and that my secretary is present in any personal attendances taking on instructions from you."

This solicitor's concern for email communications and his secretary witnessing discussions, was his realization that the onus would be upon him to show he had acted properly.     

The following letter/email written by Hugh McVean and provided to me form the records of Brisbane City Council by Freedom of Information, [FOI[ [so there can be no doubt of its veracity], discloses a number of breaches of Hugh McVean's
FIDUCIARY DUTY towards me.   Clearly, Hugh McVean at all times, set out to take advantage of my disability.

To enumerate
  1. It is a breach of a FIDUCIARY DUTY for the Fiduciary [aka the TRUSTEE], to deal in secret behind the back of the beneficiary.  [His final comment "keep this email confidential".]
  2. Calling me a TENANT. A beneficiary cannot be a simple Tenant of his trustee.  [Hugh McVean thought he could use the legal system to defraud me, and so far, the corrupt legal system has permitted him to do that and caused me so much other greater loss.  Hugh McVean waited 'til my father died in August, 2003, [and my sister Coral McVean assisted Hugh McVean to defraud me of my home], before he believed he could complete his fraud of me.
  3. Hugh McVean's first action when dealing with another person involved with the person [ie me], to whom Hugh McVean owed the Fiduciary is to advise of the Fiduciary relationship, such that the other person, in this case the Brisbane City Council, would also know that they have to be very careful as to how they deal with a disabled person, so as not to take advantage of the disabled person.  [Later, in this communique, in writing, Hugh McVean indicated to the Brisbane City Council that I was on a disability pension. Foolishly, the Brisbane City Council did not take notice of this warning.  It should have been like a RED FLAG TO A BULL.]
  4. Hugh McVean's encouragement of the Brisbane City Council to act against me. [Do you like his turn of phrase'': he thinks he is writing in legalese''- he wishes:  "Ï am hoping that my apparent inactivity is not inhibitory to you." and "I hope you will be able to continue acting to enforce your laws .." 
  5. He indicates he is conspiring with the Brisbane City Council, "... so I will contact you when I get a little closer to a solution."  and "Together we might be able to arrive at ( hopefully ) a simple and peaceful solution."

Now Hugh McVean admits he knows to the circumstances that imposes this SPECIAL FIDUCIARY DUTY upon him.  Hugh stated in the penultimate paragraph thus:

"It is not our desire to make you homeless nor to discriminate against you even though you are convinced of both of those beliefs.  Of course we know that you are disabled and we know the history of your accidents/attacks to be not of your making.  Why do you think we will continue to provide a tenancy for you ( with due concern for our continued return on our investment ) along with the fact that you are Coral's brother?"

You will notice also in the final brackets that Hugh McVean was sending a copy of this email to Judy Magub, The Brisbane City Councillor for the area of Brisbane in which my home, BENEFICIALLY OWNED BY ME, was situated.  Judy Magub acted improperly, so we had her sacked.
 IMPORTANTLY, this was COMPLETE LEGAL NOTICE, to Judy Magub and to the Brisbane City Council, [although we do not suggest that this was the intention or desire of the fraudulent Hugh McVean], of my disability and the way that they should deal with me, as per  the Legal principle stated above in the Lawyers communique.    In fact, there were many instances of NOTICE of my disability to the Brisbane City Council, and the way they should have acted towards me, but instead, they decided they could use my disability, & the WIDESPREAD ENDEMIC CORRUPTION in Queensland, to take advantage of me, & ASSIST HUGH McVEAN TO DEFRAUD ME.

Despite what Hugh McVean wrote in the email of copy of which was sent to Judy Magub,  Hugh McVean would say to me,  "You're not disabled.  You have four Uni degrees."  He would, in emails, even ridicule that I was disabled, as in the image of part of an email immediately below.

Hugh McVean would try to change the reality that I was disabled.  He would belitte that I was, and am, disabled, "You're not disabled.  You have four university degrees.  You're malingering."
[Click on the image at left to see the whole email, from which it was extracted.]

Here, Hugh McVean is ridiculing me and my statememts that I am disabled and that that makes me impoversihed. The reader must realize that Hugh McVean writes for the audience he is addressing.  His intention in the email also sent to Judy Magub, was to show Judy Magub that he is a 'really caring person',  and to appear to me that his is at a distance to the Brisbane City Council.

Would the reader be surprised to know that when Hugh McVean is writing to only the Brisbane City Council, he is happy to ridicule me?  Well, have a read of his letter to the Brisbane City Council, where he ridicules me viz: 

"My tenant [that is I, Russell Mathews - so a breach of Hugh McVean's Fiduciary Duty right away], ... also wishes to ( would you believe it? ) to have a definition of "odour" as he says ( would you believe it? ) that what one person finds offensive he might not find that smell offensive."

The reader may also find it enlightening to consider for a moment, the reason Hugh McVean was so ready to denigrate and ridicule me.  It is reasonable to presume that that was the general tenor of all of Hugh McVean's communications with the Brisbane City Council.    Hugh McVean writes of his 'phone call on 23 August, 2002.  The BCC's Peter Weston made notes of the conversation.  Again there is no reference to Hugh McVean's Fiduciary Duty owed to me.  At that time Hugh McVean was ignorant of the fact that, in these circumstances, he owed me a MANDATORY LEGAL FIDUCIARY DUTY.  [He could not even spell it. His lawyers in Nambour, who were also lawyers for my sister, Coral McVean, as they are jointly involved in this matter, had been severely remiss in not advising Hugh McVean and Coral McVean of the duty they owed me.  Coral will have a legal claim against them for the enormous financial losses that they will inevitably suffer, basically because of the hatred that Hugh McVean had for me.  Coral has only herself to blame as she knew what a lowlife, cheating fraudster Hugh McVean really is.  Coral knows how he threw a brick through a glass door so they could claim insurance damage for the water damaged carpet.]

This further documentary evidence of the manner of how Hugh McVean communicates.  He is constantly monitoring the feedback of how he and his story is being received.  Hence, he is not interested in "leaving a message"as shown by the comment of the Emma Kearney who took the phone call.  She states, "..could not squeeze any further info from him."

The approach of Hugh McVean was to ridicule and denegrate me to appear to the Brisbane City Council employees as being overly helpful [See note at the bottom, by Peter Weston.],  and to also denigrate and ridicule me so that they too would follow suit and treat me with disdain. Of course, that is totally abrogating his mandatory Fiduciary Duty to me as Indicated in the Lawyer's advice above.

He had done this in about March 2000, when Garth Donnelly of the Brisbane City Council 'phoned Hugh McVean as Hugh McVean's name and phone number is on the rate notice as he had legal title of the property in Trust for me, the beneficial owner, [and I still am the beneficial owner].  I had managed to have the Brisbane City Council build a 6 foot high fence on the two street boundary of my property at 254 Hawken Drive, St Lucia.  Hugh McVean cannot help himself.  I had already had some dealings with Garth Donnelly as he was the BCC building supervisor of the fence building contract.  Hugh had to denigrate me so I was treated with disdain by
Garth Donnelly and his fellow employees of the BCC, such that they sabotaged the building of the fence and then destroyed my emails when I tried to have them fix it.  That initiated a series of events where Garth Donnelly deliberately withheld emails that I requested under FOI.  I made complaint to the CMC, who required an investigator be contracted by the BCC to investigate and lo and behold, he discovered emails that Garth Donnelly had deliberately with-held.  The investigate permitted Garth Donnelly to make a voluntary 'discovery' of them.  This was after I had made complaint to the Office of the Information Commissioner, who investigated.  Garth Donnelly was interviewed.  He told lies of how he 'discovered' them.  This is when the trouble really started for Garth Donnelly, because the OIC investigator committed those lies of Garth Donnelly to a Statutory Declaration and required Garth Donnelly to sign it.   He protested, and I have the emails [plural] by FOI, where he was protesting that he did not want to sign it.  However, he eventually did sing it.  This IS PERJURY.

I will publish this much now and further publish all the documentary evidence of the WHINGING OF GARTH STEVEN DONNELLY, prior to his committing PERJURY.

A few files of DOCUMENTARY EVIDENCE re the parasite Garth Steven Donnelly.  [There are more to come.]

These are all in the Folder at

20010731Email GarthDonnelly DavidBell DonPappalardo GayleneVivian Fence254HawkenPaintedOrangeDisparageAppearanceDiscourageReply.jpg
20050520Actual Summons Served On Garth Donnelly Brisbane CityCouncil 391x640_cr01_tn.jpg

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