Barry Josephs, McCabe Terrill and VCATCorruption

J
This review was posted by
a verified customer
Verified customer
Review updated:

Barry Josephs, Consultant at McCabe Terrill and VCAT member.

Don't trust, blatant liar under oath. Abuses position of trust for self gain.

Ruins reputations, including those of corporations he serves.

The ultimate coward and bully.

A person without honour.

Responses

  • Cu
    Curly redoo Aug 22, 2014
    This comment was posted by
    a verified customer
    Verified customer

    Has been around tribunals for some time. An egotistic fool.

    Also the happy puppet - ideally suited to, and should go far at VCAT.

    1 Votes
  • Ji
    jimmyseeyou Aug 25, 2014

    Aged and silly VCAT henchman

    Comments

    0 Votes
  • Ji
    Jimonia Sep 12, 2014
    This comment was posted by
    a verified customer
    Verified customer

    Why did VCAT Member Barry Josephs have his name changed?

    He's really a Barry Shocker!

    0 Votes
  • Ro
    ROGERBANNISTER Oct 12, 2014
    This comment was posted by
    a verified customer
    Verified customer

    Has the confidence to back his judgement, but lacks the smarts to match. Poor decision maker and an indictment on those he serves.

    0 Votes
  • Ro
    ROGERBANNISTER Oct 12, 2014
    This comment was posted by
    a verified customer
    Verified customer

    Of course I agree

    Comments

    0 Votes
  • Ro
    ROGERBANNIISTER Nov 09, 2014

    Funny Barry

    0 Votes
  • Ro
    ROGERBANNIISTER Nov 09, 2014

    http://www.complaintsboard.com/thumb.php?src=compl_121_214_101_239-YmFycnlfam9zZXBoc19WQ0FULmpwZw==&wmax=65&hmax=65&quality=100

    Comments

    0 Votes
  • Ja
    Jane burga Nov 15, 2014

    Had this guy at VCAT. I accurately describe him as a bald-faced liar & bully. Obviously there is no implication for judges acting this way at VCAT.

    0 Votes
  • An
    Anthony78 Dec 02, 2014

    He's well known in legal circles, yet VCAT still enlists him as a Member?

    "All the President's men".

    0 Votes
  • Ju
    Juliemixer Jan 06, 2015

    Omg who is this guy. I walk into the hearing and he asks my name and then pumps me (apparently he thinks my name is ugly). He has great vocal variety - but I only speak English. I answer a 'loud' question from him, and he stands up and daggers two fingers at me (apparently he did not want me to answer his question). My god - his head spins in disgust. Where's my camera, that lemon face is way uglier than my name. Then he begs on his knees to the solicitor. The solictor admits and this really upsets the big head. The solicitor then talks all rubbish, and our fearless & esteemed judge goes 'yeah yeah yeah' (maybe he wants another mo, but he should go the teeth - but does he even have gums?). He tries to stare me down. But I look at him and think 'you idiot', no I know 'you idiot'. He must be reading my mind because he cowers and looks away (yeah he won't try that again). Then the calculator confuses his head (obviously you don't need maths to get a job at VCAT). The solicitor then yells at him and his head freezes like a crooked puppet head. I don't need any reminding that this dummy's a try-hard judge (Like all VCAT puppets), who can't get work as a lawyer. The hearing ends and I think I'm done with this dummy. But as if being freeze branded 'fool' he sticks his head out at me like a old rooster (really old rooster) and peppers me with another rant (He really does hate my name) and some spitfire. Man I know he has a big head - but look at that gut, he needs a worm and bot, but a bullet would be cheaper. I talk to other lawyers and they all squirm when I mention VCAT Member 'Barry Josephs'!

    0 Votes
  • Ke
    Kerry P Mar 05, 2015

    Took my money claiming he was close to negotiating a deal. When he asked for more I done some research and found he had done nothing. When I confronted him he because aggressive and child-like. Don't deal with and never trust.

    1 Votes
  • Mc
    McCain Apr 12, 2015

    There are rogues in every profession, don't judge VCAT, its members and others by this one person.

    0 Votes
  • Co
    corruptvcat Apr 26, 2018
    This comment was posted by
    a verified customer
    Verified customer

    @McCain You seem.to have missed the point. If the legal profession know about this Member, together with the comments made by many in this forum, why oh why does Vcat not take appropriate action.

    0 Votes
  • Jo
    johhy t Apr 19, 2015

    VFL tribunal member.
    Of illiberal & archaic mind. Agree with above.

    0 Votes
  • Ba
    barry josephs Jun 08, 2015

    I knew a guy by the very same name and rowdy or 'unruly' nature. The images look familiar. Scotch College Old Boy -enough said...

    0 Votes
  • Ro
    ronnine Jun 22, 2015

    Pulls his face for the camera too!

    Comments

    0 Votes
  • Di
    displayname123456 Jun 26, 2015
    This comment was posted by
    a verified customer
    Verified customer

    If you are hoping to raise a legal point, seek an adjournment if you are before this member as he cannot digest any legal argument and it will prejudice your case if your submissions contain anything mildly complex. I am a lawyer and have observed him in multiple cases. I have never seen a less competent legal mind. He is not willing to engage with precedent, cannot read or interpret legislation and is unable to work systematically through legal (or, for that matter, factual) issues.
    If you are before him, make sure to request written reasons for decision. His bullying of litigants is a tactic to ensure parties settle so that he can exert as little effort as possible. He has published very little and what he has published is patently appealable and obviously devoid of any legal analysis or comprehension. Making him publish more will not only make him work, it will also expose the extent to which he is unqualified for the position.
    If you are a lawyer or a party reading this after finding out your matter has been listed before him and googling his name, my strong advice is to try and avoid the hearing. Adjourn it if possible. I am not a crazy rogue posting on a forum – I want to make sure that you have at least some information about him and how your case will be impacted.
    He is an indictment on the VCAT appointments system, an embarrassment to the Tribunal and patently a failure of a lawyer who has never and will never be able to wrap his head around legal points. The fact that he is able to make orders which can have significant impacts on vulnerable client is a considerable cause for concern. The best anybody can do is seek an adjournment whenever we are before him. And hopefully enough of his judgments are taken on appeal and VCAT stops listing things before him.

    1 Votes
  • Co
    corruptvcat Apr 26, 2018
    This comment was posted by
    a verified customer
    Verified customer

    @displayname123456 The VCAT Act also has provision (section 108) to seek that the hearing be reconstituted to another Member. If the Member refuses this request you can have it determined by the VCAT President. Generally, reconstitution of the Tribunal is given by the President if a party can show bias of the existing Member. If that approach fails and the proceeding goes back to the original Member one would then have a reasonable apprehension of bias. Go through the provision again (detailing that the former request leaves an apprehension of bias). BTW: Vcat is known to many by the name Vcrap.

    0 Votes
  • Co
    concerned_about_vcat Jul 04, 2015

    I concur with the above post but urge caution. This is a dangerous person in a powerful position.

    During hearings he is careless and ruthless. He outright denies laws & due process, and blatantly lies - All to break the spirits of those he wishes to rule against. The stronger the evidence the more hostile the rebuttal, with implications.

    He is literally fraudulent on a number of levels, even on trivial matters. When his actions are open to appeal, he’s been known to fabricate audio of hearings etc. He certainly appears to take pride doing this – it appears to be ego related.

    Of concern, not only does he refuse to civilly resolve issues, but he leaves them untenable. This encourages otherwise good natured people to act outside the law to resolve ongoing issues.

    He’s aware VCAT decisions can only be appealed to the Supreme Court, which will cost approx $30, 000+. And why would anyone spend another $30, 000 through the same Australian legal system.

    If you request reasoning on paper, you leave yourself open to being publicly libelled as part of the reasoning. I would not trust what lengths this member would resort to.

    A number of VCAT lists are fully funded indirectly through Consumer Affairs, by corporations etc. Many cases are decided before hearings (Especially anything related to corporation property). VCAT is taking advantage of this member’s nature by placing him to sit on such cases.

    0 Votes
  • Mp
    M Pariss Jul 12, 2015

    If Barry Josephs and VCAT represent the Australian Civil Justice system, then it’s ridiculous and honourless.

    My case was determined before it went to hearing. At the first hearing, when serious concerns about the manager arose, Barry Josephs abused me and forced me to negotiate. He rudely gestured that if I ‘forced’ a hearing I would be up for costs regardless of the outcome. He outright laughed-off procedures. When lost documentation was raised Josephs just laughed it off saying it never existed. He only asked the manager questions that he knew he could answer, such as information he already had on file. He refused to seriously consider any claim against the manager, regardless of the factual evidence.

    The manager’s resentment at being ‘caught out’ and Josephs rebuttals of the obvious created grossly distorted findings and behaviour. Josephs effectively encouraged the manager to intimidate and harass me which culminated in a restraining order. Still Josephs denied any wrong doing by the manager, even when he admitted that he took significant sums from the OC account that could not be accounted for.

    While VCAT refuses any complaint and is funded by corporations etc, this is what one can expect.

    Imagine a police system where police could legally use firearms as they chose. People would die – how many innocent people have VCAT and Barry Josephs killed?

    0 Votes
  • Da
    Dannydannydanny Aug 13, 2015

    Here are some tips about dealing with Barry Josephs types on VCAT's Owners Corporation list.

    Agreeing to solicitor representing the OC: The members have the power to allow solicitor to represent managers. However, they will ask if you mind if the OC being represented. If you say you don’t mind then you are agreeing to the solicitor representing against you, then because you agreed this makes it easier for the member to order you to pay costs. (Yes, solicitors are not supposed to represent in cases under $10, 000, and Members are not supposed to order such legal costs against owners – but remember the laws are only a guide* to VCAT members)

    Financial s: If you have previously voted to accept the financial s then members will say you accepted them so you can’t complain. A simple fact is that it’s not illegal to change your mind. If circumstances change that put the financial's accuracy in doubt, say that to the Member.

    Voting, abstain from voting: Because of the above it’s best if you always abstain from any OC voting. Including financials and any other issues.

    0 Votes
  • Da
    Dannydannydanny Aug 13, 2015

    Documents - how to get: Owners Corporation Managers are notorious for not providing OC document inspections as required by the OC Act, and Members are just as notorious for not ordering Managers to do so. This denies the owner viewing documents. Quote the Owners Corporation Act, “Section 144 etc”.

    Documents: don’t let member charge you ridiculous fees to view/copy documents. By the Act you are allowed to inspect the documents at no charge. Take your own scanner or camera to copy documents.

    Take a witness to inspect documents, otherwise manager may claim he refused to show you documents because you became aggressive, or that he showed you all documents when he in fact refused. If you have these types of issues sigh an affidavit stating exactly what happened.

    Confirm with member what you should do if you don’t get documents. This way when you go back to VCAT complaining that manager refused to show you documents, they can’t complain because you are just following their previous direction.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    Member questioning Owners Corporation or its solicitor: To make it appear that no bias exists, Member will only ask the OC representative questions they know they can answer. For example they may seemingly demand copies of the VCAT application form, knowing that if the OC does not have a copy they the member will just that he has a copy in his file (The member will look through his file and act surprised that they are in it).

    Or they will ask if the solicitor has the right to represent the OC. If the solicitor is not sure then the member will then say why they are and move on.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    Have the orders written properly. This is classic Barry Josephs. The member writes the orders in an obscured way then denies the orders at a latter hearing. For example he leaves off dates, detail, etc.

    Audio: Don’t think if the member is blatantly ignoring law that you can get audio and appeal. Members audit hearing audio. This includes any silly claims, abusive comments, managersolicitors comments that indicate guilt.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    Act only applies against owners, - don’t get upset. In a serious case, if an owner, try to put claims against a manager, the member will dismiss them or view them as trivial. They are hoping to upset owner – because this gives the member an excuse to whitewash against the owner.

    Don’t claim fraud or make serious allegations without getting documents/proof first.: VCAT members despise anyone who claims any owner who effectively claims fraud against a manager. Never claim fraud unless you already have the documents, because no way will Members give you access to documents if they think you may use them to claim fraud.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    Don’t be fooled into believing you’re guilty: Member may intimidate you, and make you feel guilty. Once you start to doubt yourself you’re as good as done. Don’t be intimidated by Members ignoring or denying your claims, or gesturing and yelling at you.

    Take a witness. This makes it harder for member to unfairly rule against you. But a warning, the member will try and discredit you in the eyes of the witness, and once he’s done that he will whitewash against you. You need a witness who is legal savvy. Someone who knows how VCAT works.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    OC opens with a mass of false irrelevant claims: OC solicitors may open with a list of insignificant and false claims, including details such as dates to upset the owner, The Member may paly the game and stare the owner down at the same time. This is an attempt to upset you. Take notes, and answer each claim in turn. This will make the solicitor look foolish, and show the members that you are not his fool.

    0 Votes
  • Da
    Dannydannydanny Aug 14, 2015

    Don’t stay silent when the member makes significant case deciding claims against you, because this means you are effectively agreeing. This means even if they are false or illegal, they now become legal because you agreed.

    If member cant rule against you by the facts, he will read out false facts in his summary. He will then make rulings based on these false facts. Always correct false facts. Don't trust members.

    0 Votes
  • Ma
    masjgfdd Dec 05, 2015

    Lives near Ringwood

    Comments

    0 Votes

Post your comment

    By clicking Submit you are agreeing to the Complaints Board’s Terms and Conditions

    IN THE NEWS

    Unhappy consumers gather online at Complaintsboard.com and have already logged thousands of complaints.
    If you see dozens of complaints about a certain company on ComplaintsBoard, walk away.
    One of the largest consumer sites online. Posting here your concerns means good exposure for your issues.
    A consumer site aimed at exposing unethical companies and business practices.
    ComplaintsBoard is a good source for product and company gripes from especially dissatisfied people.
    You'll definitely get some directions on how customer service can best solve your problem.
    Do a little research on the seller. Visit consumer complaint websites like ComplaintsBoard.