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Barry Josephs, McCabe Terrill and VCAT / Corruption

1 Melbourne, Victoria, Australia 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.

Jo
Aug 19, 2014
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Comments

  • Cu
      22nd of Aug, 2014
    +1 Votes

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

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

  • Ji
      25th of Aug, 2014
    0 Votes

    Aged and silly VCAT henchman

  • Ji
      12th of Sep, 2014
    0 Votes

    Why did VCAT Member Barry Josephs have his name changed?

    He's really a Barry Shocker!

  • Ro
      12th of Oct, 2014
    0 Votes

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

  • Ro
      12th of Oct, 2014
    0 Votes

    Of course I agree

  • Ro
      9th of Nov, 2014
    0 Votes

    Funny Barry

  • Ro
      9th of Nov, 2014
    0 Votes

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

  • Ja
      15th of Nov, 2014
    0 Votes

    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.

  • An
      2nd of Dec, 2014
    0 Votes

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

    "All the President's men".

  • Ju
      6th of Jan, 2015
    0 Votes

    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'!

  • Ke
      5th of Mar, 2015
    +1 Votes

    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.

  • Mc
      12th of Apr, 2015
    0 Votes

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

  • Co
      26th of Apr, 2018
    0 Votes

    @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.

  • Jo
      19th of Apr, 2015
    0 Votes

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

  • Ba
      8th of Jun, 2015
    0 Votes

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

  • Ro
      22nd of Jun, 2015
    0 Votes

    Pulls his face for the camera too!

  • Di
      26th of Jun, 2015
    0 Votes

    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.

  • Co
      26th of Apr, 2018
    0 Votes

    @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.

  • Co
      4th of Jul, 2015
    0 Votes

    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.

  • Mp
      12th of Jul, 2015
    0 Votes

    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?

  • Da
      13th of Aug, 2015
    0 Votes

    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.

  • Da
      13th of Aug, 2015
    0 Votes

    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.

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