WHEN IS A FINAL WILL AND TESTAMENT FINAL?
IT IS TIME TO REPEAL THE FAMILY PROVISION ACTS AND INTRODUCE TRUE JUSTICE TO THE PEOPLE, BY LEGISLATING RETROSPECTIVE LAWS THAT ARE FAIR TO ALL.
DISCOVER HOW TWO PENSIONERS BROTHERS, SUFFERED SEVERE STRESS, WHEN JUSTICE H OVERTURNED THEIR LATE BROTHER’S MICK’S DYING WISHES. UNDER THE FAMILY PROVISIONS LEGISLATION THEIR NIECE AIDED AND ABETTED BY HER MOTHER DK AND HER GOOD FRIEND MK BETWEEN THEM, COMMITTED CRIMINAL OFFENCES SUCH AS DEFAMATION, FRAUD AND PERJURY FOR FINANCIAL GAIN.
On the 2nd of June a Thursday, Mick’s son Michael John was found dead in bed by his Uncle Phillip, who immediately rang his neighbour Luke. Luke performed CPR on Michael John for approximately 20 minutes, until the paramedics arrived. Just after 5p.m. that afternoon after the police and forensic officers had completed their investigations, Luke drove Uncle Phillip to Chris O’Brien Lifehouse, where Mick was being treated for throat cancer, to pass on the devastating news. Thankfully, Mick had taken his morphine medication, which sedated him enough to calmly receive the news that his son, his best mate, had passed away. Before leaving Mick, Uncle Phillip informed him that Luke was going to make an appointment with a local solicitor, so that he can make a new will. Mick said he would like to change his will because his main benefactor in his present will is Michael John.
On Friday 3rd of June, 2016, MK visited Mick at the Hospital, also present were Mick’s daughter TH, her husband CH and her mother DK. MK state that they all went to Mick’s room, and Mick said to all of them, “I want to change my Will. Everything will now go to TH. We find it very suspicious that the only people to hear the aforementioned statement were TH’s immediate family and her best friend MK.
We want to reiterate that during the early 1970s the local Post Masters used to hire and fire his staff. The Canterbury Post Master advertised a position vacant for a post man. Uncle Phillip applied for the position three times in the same week, only to be rejected on each occasion. On the Saturday of that same week, Uncle Phillip was readying his under 12s soccer team to take the field, when one of the parents asked him if he had any success in getting the postman’s job. Learning that Uncle Phillip was unsuccessful he urged him to reapply for the job on the following Monday and advised him to alter his foreign surname although he was born in 1944 in his Canterbury family home.
After learning that Uncle Phillip had been hired as a postman because, he altered his name from Phillip Tzavellas to Michael Phillip Johnston. The parent told Uncle Phillip the following Saturday, that the Post Master had two pet hates, “Wogs” and “Jews.”
Mick and his brother Uncle Phillip had the same GP Dr. Aung Khin. Approximate ten months after Mick’s death, Uncle Phillip visited their GP Dr. Khin asked him Mick’s condition could have deteriorated at such a rapid rate.
Dr. Khin, gave Uncle Phillip a copy of the Specialist’s report dated 11th May, 2016. Which was sent by Dr. Kerwin Shannon from Chris O’Brien Lifehouse on behalf of Prof. Michael Boyer. At the bottom of the report was the prescription Dr. Khin prescribed for Mick which included 56 MS Contin tablets of which was to last 28 days. The second script was a liquid based morphine. The script was given to Mick on Wednesday, 18th May 2016. Mick was to take two tablets a day (10mg). (document attached)
Dr. Khin gave Michael Johnston (Uncle Phillip) a statement regarding medication MS Contin which was given to his brother during his illness. This medication can certainly cause confusion, excessive sedation, asthenia, hallucination, mood altered, especially in elderly with illness and malnourished. Dated 27/3/2017. Whilst writing this statement Dr. Khin said he would also give me a PHARMACOLOGY report. (Documents attached)
My greatest concern was that Mick should have only taken 39 MS contin tablets by Monday night June 6, 2016 and yet on Tuesday morning, June 7, 2016 Mick had not only taken the 56 contin he had also run out of his bottle of liquid morphine. From the day Mick was discharged from Chris O’Brien Lifehouse on Friday June 3, 2016, his health declined rapidly. Not only, was he losing his voice, his speech became incoherent, but his memory lost his train of thought, leaving him often confused.
TH alleged, that she and her father had reconciled in 2010 and that they had become very close. If this is true, then her father had more than years to alter his will in her favour. Uncle Phillip mentioned earlier, Mick was a “doer” not a “gunna.”
The manner in which Justice H handled this case leaves a lot to be desired. Several times Justice H mentioned that the probate involved a small amount of $500,00 re: the 25% of the property involved.
We have no doubt that this part of the Family Provision Act must be repealed and in lieu, introduce and legislate retrospective laws. This would give the Government a chance to hold an Open Inquiry, with the widest terms of reference, into court cases under the Family Provision legislation that have rewarded those who have gained financially, by way of committing Perjury, Defamation or Fraud.
TH’s allegations are as follows: “Dad and I were very close when I was growing up, but my dad was an alcoholic and would often get verbally and physically violent, more towards my brother than me.
In April 1991 when I was 20 years old, dad had been drinking a lot and we had a verbal argument over such a small thing and I walked off and slammed a door. He came at me with a lot of rage. He grabbed me by the through and pushed me up against a wall. I broke free and started to run through the house. He chased me outside yelling at me, and caught me. He was hitting me and I tried to fight back. He got me in a head-lock and I thought I was going to die. I begged him to let me go, and he released his grip. I attempted to go back inside to get some clothes but he grabbed me again and threw me to the ground, kicking me. My grandparents were the ones at home when this occurred. I remember them screaming for him to stop. There were neighbours watching but no-one tried to help or even call the police. Dad stopped beating me and I got up and ran away with only the clothes I was wearing and nothing else.”
Uncle Phil’s response to these allegations was that TH, was and is, a manipulator. Her father was an alcoholic, a pacifist alcoholic. He never once hit a child or his children. Her father was regarded as one of NSWs better soccer midfielders, who dedicated his entire life to the coaching of our youth in the skills and art of playing soccer. If the description of TH was accurate, she would not have been fit enough to walk, not alone talk to anyone about what she alleges, because her father was renowned for his strength and fitness. And as for his neighbours they were all like family and no fights or arguments occurred in their street.
Uncle Phillip’s response to MKs statement was that on the 6th of June 2016 a Monday, that the executor Alex drove Mick and him to the Mannings Funeral Parlour for an afternoon appointment to make arrangements for Michael John’s funeral. It was dark when we arrived home, and Mick was exhausted and went to bed. We had no visitors that day.
Uncle Phillip wants to make you aware of the stress his youngest brother the executor Alex and his wife were feeling up to and during the court proceedings.
Alex and his wife Fay during the marriage have fostered thirty six children. The last boy they fostered at six and a half months of age was Kalan Simpson, knowing full well that the boy suffered from Cystic Fibrosis. And during the court proceedings young Kalan was on oxygen. Every time Kalan was admitted to Newcastle’s John Hunter Hospital, Alex would stay overnight at the hospital until Kalan is discharged. Alex wanted to be by Kalan’s side when he awakened. All the legal representatives, Justice H this included TH’s legal representatives were aware of the Alex was suffering and why. (documents attached).
We believe Uncle Phillip has put forth a strong case for the Family Provision Act to be repealed and furthermore in lieu, introduce retrospective laws. Everyone should be protected from litigants who commit criminal acts for financial fain. Under the mother DK and her good friend MK who between them have perverted the course of justice by defamation, committing fraud with intent, perjury appeared to have overlooked the aforementioned criminal acts committed by TH her mother DK and her good friend MK. Let’s list a synopsis of the evidence in Mick’s Probate Court Case. Mick was suffering with throat cancer. Professor Michael Bayer – Medical Oncologist, Department of Oncology advised Mick’s GP, Dr. Khin that he prescribe MS Contin-56 10mg tablets which would last 28 days taking one table in the morning, and one tablet in the evening. In addition a script issued by Dr. Khin for Ordine-2-2mg-200ml. The scripts were issued by Dr. Khin on May 18, 2016. The aforementioned scripts were to last up to the morning of Sunday June 15, 2016. By the morning of Tuesday June 7, 2016m Mick had taken all of his aforementioned Morphine medication, 9 days earlier, then when his scripts should have been exhausted. On Thursday June 2, Michael john aged 48 passed away suddenly at his Canterbury home in which he had lived for 40 years. Uncle Phil who discovered Michael John dead in his bed and when the paramedics and the forensic police had completed their task, Luke, Uncle Phil’s neighbour drove him to Chris O’Brien’s Lifehouse Clinic, to inform Mick of the bad news. Mick, Michael John, Uncle Phil were not like father, son, uncle or nephew, they were best mates. Uncle Phil when leaving the Clinic told Mick he was going to have a solicitor to visit their home because he needed to alter his will because Mick was given up to 8 months to live. Mick said he would have to change his will, so he will utilise the same solicitor in which Luke the neighbour arranged on Friday June 3, 2016 for Wednesday June 8, 2016 at 5pm.
We must stress, that if we are living in a Democracy, then the Govt. has no alternative but to Repeal the Family Provisions Act. For the simple reason, that no one should be able to gain financial benefits by committing criminal offences.
In this aforementioned Probate Court Proceedings, TH and her mother blatantly defamed Mick and his brothers. In addition, by intent, TH seems to have committed fraud, when she had her father’s bank account name changed from Michael to her brother’s name Michael john. This she did within eight days after their funeral.
Whilst THs good friend MK’s allegations contained at least five instances of perjury
To guarantee justice for everyone, the Govt. must introduce retrospective laws into legislation, so that the innocent victims will be protected.
Justice H, ordered that the home of Uncle Phillip and his youngest brother the executor be sold. TH is to receive $190,000 if sold within 60 days. Should the sale be delayed any longer than Uncle Phillip would have to pay approximately an extra $550 per month. On top of this, Uncle Phillip will have to pay $150,000 in legal fees.
On Saturday June 2, 2018 the day of the
auction, Uncle Phillip and his brother received a 52 page (Contract for the sale
and purchase of the land 2017 edition). In that contract the newly merged
Canterbury-Bankstown Council – Part 2 – 2.6 Flooding
Policy Restriction – Flooding (Overland Flow) Development on the land, or part of the land, for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including, development for the purposes of group homes or seniors housing) is subject to flood related development controls due to passible flooding from overland flow. Development on the land or part of the land, for any other purpose, is subject to flood related development controls due to possible flooding from overland flow.
Justice H reversed Mick’s wishes through his last Will and Testament and awarded Mick’s daughter $190,000, to be paid within 60 days, and if there is any delay, then he Uncle Phil, would have to pay additional daily interest.
Including the delayed payment interest rate Uncle Phil has to pay Mick’s daughter $192,423 -15c. through her lawyer Norm Gibson. Uncle Phil’s legal bill was, Peter King (Barrister) $45,650 Fiona Sinclair (Barrister) $81,867-50c – Peter Mckell (instructing Solicitor) $36,215-38c for a total of $163,732-85c.
It’s for this reason that the Family Provisions Act should be repealed, and replaced with a retrospective legislation to protect victims of the Family Provisions Act, from suffering stress and mental anguish.
TH Mick’s daughter, her mother DK and TH’s friend MK between them were guilty of Defamation, Fruad, Perjury and Perverting the Course of Justice and under the Family Provisions Act TH has been rewarded with a financial gain through committing criminal offences.
One could be forgiven, in believing that Justice H, and all of the legal representatives, Uncle Phillip, and his youngest brother the executor of Mick’s will “told , and all of the legal representatives, Uncle Phillip, and his youngest brother the executor of Mick’s will “told TH and her mother countless times that when probate was granted they would honour Mick’s wishes to pay of Michael John’s funeral, and wake. Mick made this decision on Monday June 6, 2016, three days before Mick passed away.”
Because TH challenged her father’s will, this caused the granting of Probate to be delayed untik her court proceedings was completed.
TH left home in 1991 and failed to contribute towards the upkeep of the home. Mick, left TH $1000 in lieu of any part of his 25% ownership of the home. His given reasons, were that our youngest brother Alex, Mick himself and Uncle Phillip were born in the home and it was their most cherished asset. We realised how hard our father worked three jobs to pay for our home. Mick realised if he left his share of the home to TH she would force the sale of the home.
TH’s mother DK failed to mention that Uncle Phillip had Michael John’s debit card personal delivered to her home on the Central Coast at Lisarow. Her mother DK never mentioned in her affidavits that she withdrew and closed Michael John’s debit account with Westpac on 28 June, 2016 for $4,137.67. This was done 14 days after the burial of Michael John and her ex-husband Mick. Uncle Phillip refers to TH’s allegation, “I say that Michael John paid more than $50 per week towards their home expenses and I refer to the annexure of her mother DH dated the 27th of July 2017 which is a Westpac statement of an account for the period 4/5/2016 to 28/6/2016 which shows, inter alia, payments to Canterbury Councils, Foxtel and Telstra.
TH and her mother DK several times made allegations that Uncle Phillip had done nothing for anyone, and in fact he only looked after one person, and that is himself. Both mother and daughter on more than one occasion that, Uncle Phillip’s brother Mick, intensely hated him. The testaments from neighbours and local business owners who we interrogated, leaves us with no doubt that TH and her mother DK has an extreme dislike for Uncle Phillip.
In fact, our investigators are former Senior Australian Customs Office, Australian Federal Police and State Police Officers.
In their investigation of Uncle Phillip, they not only discovered a close bond between Mick and his brother, but Uncle Phillip in 2009 was awarded the Regional Commander’s Commendation in 2009 from the NSW Assistant Police Commissioner for his bravery displayed in confronting two armed thugs with a machete and a large axe whilst unarmed. Although unarmed, Uncle Phillip was concerned for the safety of the club’s patrons which included the manager and her two young daughters, several females and elderly members. (documents attached).
This proves beyond reasonable doubt that TH and her mother DK had no knowledge of Uncle Phillip’s contribution to the local community. Tracey’s Mother DK in her allegations stated, in her observation her ex-husband Mick did not have any time for Uncle Phillip.
Interesting observation, considering she had not spoken with DH up to 40 times since 1972. The executor and his wife Fay during their marriage have fostered 36 children. They fostered their latest son Kalan in 2007, when he was 64 months old, knowing full well that he was suffering from a life-time disease cystic fibrosis. During our three day court case in January, Kalan was back in John hunter Hospital, and on an oxygen machine. The lies that TH, her mother DK and her male friend MK made, which were defaming her father, perjury and what appeared to be an attempt, to alter her father’s bank account from his name to her brother’s name Michael John, who predeceased his father by 7 days.
Find (attached) correspondence from Life Without Barriers dated 22 March 2017 and Paediatric Palliative Care Service.
On June 10, 2016 the day after Mick passed away, Uncle Phil’s Neighbour Like drove him to Manning’s Funeral parlour at Rozelle (NSW). There, Uncle Phil met TH Mick’s daughter, her mother DK and TH’s husband CH where they together they planned the preparation for the double burial for Mick and his son Michael john.
TH volunteered to go and arrange the funeral service with the priest at St. Mels C Campsie and also to arrange for cards to be handed out to those attending the funeral service and later at the burial. And yet in her sworn statement said that Alex the executor, and his brother Uncle Phil did nothing to assist in the funeral arrangements.
Uncle Phil confessed he was IT stupid and it was thanks to his neighbour Luke, who downloaded Michael John’s mobile phone for the phone numbers of Michael John’s friends. Our investigators at “Voice of the people” interviewed hundreds of Mick and Michael John’s friends, who Uncle Phil contacted by phone to inform them of their deaths. In many cases Uncle Phil had to contact friends twice, because many of them were good friends with Michael John who died on Thursday June 2, 2016 and his father Mick who passed away on Thursday June 9 2016. As for Alex anyone who has been appointed executor, will tell you what a difficult and thankless job it is. We unanimously believe, justice should be done, and therefore the Family Provisions Act should be repealed and be replaced with retrospective legislation to introduce laws that prevents any litigant from committing criminal acts for financial gain. And furthermore, if evidence can be replicated as is the case with Alex and Uncle Phil the NSW Govt. must legislate to protect victims of criminal acts, by allowing questionable decisions to be revisited and Just ice must be shown to be done.
TH and her mother DK in their sworn statements said that both Alex and Uncle Phil paid nothing towards Michael John’s Funeral and wake, omitting to mention that he had died interstate. On Monday June 6, 2016 Mick and Alex and Uncle phil attended the Mannings Funeral Parlour at Rozelle (NSW) to arrange Michael John’s burial. It is worth noting that Mick had prepaid his funeral. TH and her mother overlooking to mention in their statements that DK was sent Michael John’s debit card 732-269 50-9444 was given to Uncle Phil’s niece to, deliver personally to TH’s mother, who lives at the Central coast. Her mother, closed Michael John’s debit card account withdrawing $4,137.67c on Tuesday 28 June –(0000803). Prior to his death Mick stressed to Alex, Uncle Phil and many of his friends, and his daughter TH and her mother DK that he will pay for his son’s funeral and his wake as he had the funds to cover all expenses. We must mention that Alex and uncle Phil were going to honour Mick’s wishes but because his daughter TH challenged Mick’s will, his bank account of $30,000 plus was frozen. Knowing that his brothers were financially poor, Mick bequeathed TH $1000 in lieu of any share in the family home, as he feared knowing the financial plight of his brothers Alex and Uncle Phil his daughter force the sale of our home. Mick and his brothers revered their parents, their father, who worked three jobs, so that he could buy our home. Their mother, who milked 3 goats and a cow, fed the chooks early in the morning before preparing her son’s lunches for school. Uncle Phil, told our investigators that Mick was a very good judge of character. TH said her father was going to help her because she had health problems. The friends of Mick greed 100% that Mick was a doer, not a gunna. TH in her sworn statement said that since 2010 when TH and her father were reconciled that Mick was going to help her with her medical bills. Alex and Uncle Phil’s response to TH is that mick had more than five years to change his will. If Mick said he was going to do something, he would do it immediately.
TH’s sworn statement that she was battling through ill health and had to borrow $27,000 from her mother DK.
In a report by chiropractor Gareth Dunn, dated attended Beecroft Physiotherapy on the 3rd july 2015 for treatment. TH has a 12 year history of cervical dystonia and has been receiving Botox injections for 10 years. It has been suggested to try specific neck strengthening exercises.
TH’s medical report dated 17th September, 2015 by Orthopaedic surgeon, Dr. Malcolm Glase.
On Wednesday 27th July, 2016 Dr. Michael Hayes consultant Neurologist in part of his report about TH is a non-smoker and does not drink alcohol.
As a younger person she was an accomplished athlete playing State soccer as a schoolgirl running the 100 metre relay up to the age of 18 at state level and also swam at a regional level. Her cervical dystonia is unrelated to those various other medical problems though the combination of right hip pathology and associated pain and discomfort would certainly have aggravated the cervical dystonia.
On 3 March, 2017 Consultant Neurologist-Conjoint Senior Lecturer UNSW, Dr. Stephen Tisch MB BS (Hons). PhD FRACP in part his report states, Tracey has suffered cervical dystonia since 2003, with involuntary pulling and rotation of her head and neck to the left. She received multiple courses of cervical Botulinum Toxin over many years and by 2011, the Botulinum Toxin injections begain to lose their effectiveness. The Botox injections were continued but by May 2016, immunological resistance to Botulinum Toxin Type A was confirmed and Botulinum Toxin injections were abandoned due to loss of efficacy.
Four specialists provided statements about TH’s health Gareth Dunn, Dr. Malcolm Glase, Dr. Michael Hayes and Dr. Stephen Tisch but only Dr. Michael Hayes mentioned TH’s sporting prowess as a teenager. Not one of the aforementioned specialists mentioned that TH was participating in Martial Arts during the period of 2009 and the end of November 2011. In fact TH her married name Tracey Hanscombe, was the Australian Karate Champion in 2010 and 2011. (Find attached the National All Styles Martial Arts Tournaments reports).
TH stated “she did not start Martial Arts until I was 38 years of age.”
In his subpoena, TH’s consultant and Head of neurology Dr. Michael Hayes stated that he had been treating TH for cervical dystonia since 2006. He added, TH was a non-smoker and does not drink alcohol. As a younger person she was an accomplished athlete playing soccer for the state as a schoolgirl, running the 100 metre, relay State as a schoolgirl, running the 100 metre relay up to the age of 18 at State level and also swam at regional level.
Her cervical Dystonia is unrelated to these various other medical problems though the combination of right hip pathology and associated pain and discomfort would certainly have aggravated the cervical dystonia.
I have previously referred TH to Dr. Stephen Tisch Consultant neurologist for a second opinion about her Cervical Dystonia in December 2013 and have again recently referred her back to him for an opinion regarding the possibility of DBS surgery. TH appears to have overlooked telling her medical specialists although being treated for Cervical Dystonia, that she was representing One Martial Artists, in State and National Karate Championships.
National All Styles Martial Arts
2009 THE NSW STATE TITLE RESULTS.
In a close decision, Helena Sly of GKR Karate claimed victory over a valiant TH.
RD3 NEW SOUTH WALES 27TH JUNE 2010
Certainly, the ladies weren’t to be outdone! The fast punch/kick combinations were the tools used by TH of One Martial Arts, victorious over a hard fighting Sarah Lane from GLMA Kung Fu.
NSW STATE TITLES 16TH OCTOBER 2011
In the female division the strong and focused skills of TH from One Martial Arts claimed the day over the hard-fighting Jilida Wright from combined Self Defence and Fitness. TH was the female National Karate Champion in 2010 and 2011.
Neurologist Specialists Dr. Michael Hayes and Dr. Stephen Tisch between 2006 and 2017. Cervical Dystonia is a severe neck injury. TH’s medical condition could only deteriorate to its lowest point whilst competing in the arduous sport of Karate. The worsening of her medical condition was solely self inflicted.
This a mother of three young children.
The following Testaments of the Tzavellas family were: From GN who was a leading Canterbury thoroughbred trainer.
11th September, 2017
1. I have known Phillip Tzavellas (Phil) And his late brother Mick for about 30 years.
2. I met Phil while I was training horses at Canterbury and became friends. Phil and his family have a close interest in horse racing.
3. At various times over the years Phil purchased some small shares in racehorses which he put in his mother’s name. I recall Phil and Mick bringing their elderly mother to the races which she enjoyed. They also attended our table open days on many Sundays.
4. I am aware that Phil has done a lot of voluntary work for the local community, such as assist with children’s soccer.
5. Mick and Phil would come to the stables regularly to collect manure to use as fertiliser for the family garden. I have been given vegetables from their vegetable garden and I understand many neighbours have also been supplied with home grown vegetables.
6. Mick and Phil were family oriented and were very popular in the Canterbury community. If there was a crisis Mick or Phil could be called on to help. I had a favourite saying over this period. “Who needs family when you have the Tzavellas’s.”
From GG – Teacher at Campsie Public school. (NSW)
1. I knew the late Mick Tzavellas (Mick) for nearly 20 years and in more recent years came to know his brother Phillip.
2. Mick was the GA at Campsie Public School and I was a teacher at the same school.
3. Mick was involved in the development of soccer amongst students in the Campsie area. Mick had been a talented football player himself and began coaching students at a local park near his house on a weekly basis. He enjoyed helping coach young children and pass on skills he had learned. Over the years he bought and supplied a number of soccer balls to be used by the students.
4. After some years I took over the coaching of the students however Mick continued to take an active interest. He would regularly join us at the park and still supplied the soccer balls right up until a few weeks before his death.
5. Without the ongoing support of Mick and now of Phillip I would not have been able to provide the resources the students needed to continue with their soccer. I look forward to Phillip bringing the soccer balls to the park when the season begins next year.
6. The Campsie community has benefitted enormously from the ongoing generosity and support of Mick and Phillip over many years.
From Luke – Neighbour – Retired – September, 2017
1. I have known Phillip Tzavellas (Phil), his late brother and his late nephew Michael since October 2006 when my family moved into our home at 2 Phillips Avenue Canterbury, a few houses away from Tzavellas home.
2. I would visit the Tzavellas home several times a week and with Phil, Mick and anyone else who was there we would watch football or sit on the front porch and have discussions about various topics including sport, politics or local news. There were often differing opinions but this never got beyond friendly banter between all of us. Michael was often at work but sometimes he would also join us. I believe that Phil and the late Mick helped bring together our neighbourhood.
3. I would describe the relationship between Phil, Mick and Michael as three best mates as from my observation they looked out and cared for each other and they also looked out for the neighbours.
4. Since the death of Mick and Michael the neighbours look out for Phil and sometimes cook him dinner or bake him home-made bread.
5. Phil continues to be an active member of our community. He talks to anyone who walks by his house, he shares his vegetables with the neighbours and he encourages kids to help him in the garden.
From OLEY – Family Pharmacist – Campsie
1. I have known Phillip Tzavellas (Phillip and his late brother Michael (Michael) for over fifteen years.
2. As the owner of the Campsie Pharmacy I was the primary consulting pharmacist for Michael who required regular medication for a number of years.
3. Phillip often came to the Pharmacy to collect Michael’s prescriptions and to run errands for him. I was usually the Pharmacist that supervised the medications and dealt directly with Phillip. It was my understanding that Phillip was Michael’s main carer and that he looked after him particularly when Michael was unwell.
4. During the period I knew Phillip and Michael I came to observe that the brothers were close, relied on each other and possessed strong family values. I did not at any time observe any animosity between the brothers.
From SAM – World of Fruit Manager – Campsie
1. I manage a shop called The World of Fruit which is located at Campsie Shopping Centre.
2. I first came to know the deceased the late Mick Tzavellas (Mick) and his brother Phillip (Phil) more than 15 years ago when they became regular customers at my shop.
3. Over the years I develop a good relationship with the brothers and we soon became friends.
4. I would speak with Phil at least four times a week and with Mick at least once a month. I witnessed Phil doing the food shopping on a regular basis.
5. On several occasions I recall Mick saying to me words to the effect: “Phil and I live together and rely on each other. I do the cooking and Phil does the shopping.”
From Lynette – Canterbury
1. My late husband Ronald (Ron) Hammonds and I knew Hazel and Lazarus Tzavellas and their sons Phil (Phil) and Mick (Mick) and their grandson Michael John for over thirty years as we were their neighbours.
2. Phil, in an honorary position, coached lawn bowling to about 96 students from Canterbury Boys and Girls High Schools every Wednesday during school time at Canterbury Bowling Club. Mick, Ron and I with one other friend who assist Phil as he prepared to select a representative composite team to represent our District in the inter schools Lawn Bowls Tournament.
3. Mick and his son Michael John were professional soccer coaches for over 25 years and ran soccer clinics for free during school holidays. These clinics were very popular in the community and well attended.
4. Mick assisted Phil with his non-political lobby group known as “Voice of the People” which was established in about 2007. With the support of this organisation Mick gained the confidence and leverage to challenge the decision made by the former Canterbury Council to close the Canterbury Swimming Pool. As a result of his campaign to oppose the decision, which was overwhelmingly supported by the community, council was forced to reverse its original decision.
5. From time to time I would happily assist Mick or Phil by typing up correspondence related to their community activities.
6. Ron and I were treated as members of the Tzavellas family and we had a lot of do with the family over the years. Hazel, Phil and Mick’s mother, educated her children to be respectful to others, especially to their elders and she would often say: “Respect begets respect.”
From Maxwell B – Retired Mt. Annan
1. I have known Phillip Tzavellas (Phil) on a personal and professional level since 2004 when I stood as an Independent candidate for Macarthur in the NSW State election.
2. The platform of issues I stand for are similar to those of Phil and his friends and supporters and today he continues to be an active campaigner in the Canterbury Bankstown community concerned about similar local issues including corruption in local, state and federal governments.
3. I first met Phil in 2004 at his Canterbury home with his brother Mick and nephew Michael and was impressed by their knowledge of politics and concern about the poor policy decisions that were being made by our governments.
4. From my observation Phil is a great mentor to his friends and immediate family as well as to his neighbours’ children.
5. Like Phil I am a member of the Canterbury Bowling Club and I am aware that, through the Club and with a view to promoting the sport of outdoor bowling, he approached the sports master at Canterbury High School and introduced a program to coach Lawn bowls to a group of teenage students.
6. Phil’s generosity in assisting the community is a testament to his character. In my opinion he has made a great contribution to the community at large and without people like him in Australia would be lesser place.
From Malama R – Neighbour – Retired
I say on oath:
1. I am a neighbour of the Tzavellas family and have known Phillip Tzavellas (Phillip) and his late brother Michael (Mick) for over forty seven years. I had also worked with mick for about 20 years.
2. Mick was a wonderful and gifted teacher who was well liked by children, parents and his fellow teachers. He was gentle, kind and generous.
3. From my observations Mick and his brother Phil were not only brothers but also best mates.
From John M – Neighbour – Service Manager
1. For many years I have been a neighbour of the Tzavellas family who lived a few houses up the road from my home in Phillips Avenue, Canterbury.
2. During this time I came to know the deceased the late Mick Tzavellas (Mick), his late son Michael john, his brothers Phillip (Phillip) and Lex and his late parents whom at various times lived in the Tzavellas home at 14 Phillips Avenue.
3. In more recent years after the death of their parents Mick and Phillip lived together with Michael John and I observed that Mick and Phillip were dependent on each other for the running of the household.
4. I would often drop by the Tzavellas home and talk with the brothers. I observed Phillip would often be tending to his vegetable garden or sitting on the veranda. I also observed that Mick would often be preparing a meal.
IS IT TIME TO REPEAL THE FAMILY PROVISIONS LEGISLATION?
In lieu, legislative retrospective las be introduced to protect defendants from criminal acts being committed by plaintiffs who utilises the Family Provisions Act, for financial profits. For example, defaming, perjuring or attempting to commit false pretences against the executor and his family in regards to probate. Following, are the facts of the allegations presented by TH against the executor, her father’s youngest brother Alex, and her father’s oldest brother Phil. We will produce evidence in response to TH her mother DK and her males friend MK’s allegations.
TH’s brother MJT, passed away at age 48 , on Thursday June 2, 2016, and her father passed away 7 days later on Thursday June 9, 2016. An extract of a letter sent to her Uncle Phil, 27 days after her father Mick and brother Michael John’s burial stated,
“Uncle Phil, I’m putting this in writing
for your records, that if I inherit dad’s estate under no circumstances will I
ever be part of trying to sell the house at 14 Phillips Ave Canterbury whilst
you (½ owner of the house) want to live there.
A letter dated May 11th 2016 , by Dr Kerwin Shannon from Chris O’Brien’s Lifehouse, with Aund Khin, Mick’s GP and a copy of report from Prof. Michael Bayes AM MBBS Ph O FRACP – Medial Oncologist – Department of Medial Oncology.
Dr Khin, at the bottom of the copy, provided the prescription given to Mick on May 18, 2016 MS Contin 10mg – BD 56 tablets script issued as well as Ordine – 22mg/ml 200ml. This was to last 28 days. By June 6th, 2016, he had run out (attached). When Phil visited Mick and his GP, Dr. Khin on March 27th, 2017, for breathing problems, he asked why Mick became incoherent and often suffered a problem with his memory. Dr. Khin gave, Phil a written statement regarding medication, MS Contin, as well as Ordine he had prescribed for Mick.
This medication can cause confusion, excessive sedation, asthenia, hallucination, mood altered, especially in the elderly, with illness and malnourished (attached).
TH’s main witness MK’s allegations were perjured evidence on at least five occasions (find attached the proof).
Phil never received a copy of MK’s allegations until the first day of the scheduled three day hearing. Phil advised his younger brother Alexander (Lex) to get his barrister Fiona to email Chris O’Brien’s Lifehouse clinic and ask for confirmation of our brother’s Admission and Discharge. This was sent at 5-10pm January 29, 2017 after the first day of our scheduled 3 day hearing. The judge Justice H on numerous occasions mentioned that the case was only a small probate of a $500,000 property. On the second day of the hearing, Tuesday January 30, 2017, the executor’s legal representatives, kept advising him to settle with his niece. The executor and his wife were under severe stress and he accepted their legal advice. And Phil reluctantly agreed with his brother because he realised he was stressed out. Later that afternoon Fiona received an answer to the executor’s query the day before 5:10pm. It was proof that MK allegations, were blatant lies.
MK alleged, he visited Mick in hospital on the morning of the 4th of June, 2016. Mick had arranged for his discharge, so that he could get home to organise the funeral of Michael John. The hospital organise the funeral of Michael John. The hospital staff arranged for a carers car to take him home to Canterbury. I followed him to his home, and helped him into the house and we talked for a while.
Proof of MK ‘s perjury, was emailed to Fiona at 5.02pm by Lifehouse’s Health Information Manager, Deborah Lane, on Tuesday, January 30.
It proves Mick was discharged on Friday 3 June, 2016, at 13:15 hours. The carer, who drove Mick home to Canterbury, was terrific. He helped Mick over to the front veranda steps. Mick was using a walker for the first time and the carer showed Uncle Phil how to fold it, when not in use. The carer said, Mick was fortunate that he had hand rail to hold onto when climbing the steps. Mick’s neighbour Luke, was on the way to pick his 3 young boys up from school, when he noticed Mick had arrive home. He parked his 4 wheel drive, and came over to Mick, and said as soon as he brought his boys home, he would came back and sit with him. And that he did. In fact Luke and Uncle Phil sat down together, and watched football on TV – Luke downloaded Mick’s son’s mobile for his friends’ contact numbers enabling Uncle Phil to notify them and tell them that Michael John had passed away, the day before.
TH’s following unproven allegations will be responded to by her Uncle Phillip, her father Mick’s oldest brother.
TH stated, “that when her father was drinking heavily, he was often argumentative and physically aggressive to my brother Michael John and to me but especially to Michael John.”
TH’s Uncle Phillip reply is, “that the aforementioned unproven allegations are a blatant lie.” He added “(1) Mick has never assaulted any children including TH and Michael John. (2) During his 36 years of coaching soccer to young girls and boys Mick spent tens of thousands of dollars hiring Professional Soccer Coaches to assist him at his “free coaching clinics” during the school holidays (3) Mick, was a General Assistant at several schools, in the Canterbury-Bankstown area. His job was to assist the Principal and all his staff in general duties as well as coaching soccer and cricket to their pupils. (5) In 1997 Mick was presented with the Certificate of Achievement, which certified Mick had successfully coached Cricket and Soccer for Campsie Public School (NSW). (6) Selection of School Based Teaching Staff. This is to show that Mick Tzavellas has participated in Selection of School Teaching Staff: a training course for selection panel members at Wangee Park SSP on 12 May, 2005.”
Signed, on behalf of the NSW Department of Education and Training by Julie May.
PSFP Community Development Officer, South Western Sydney Region.
(6) Presented to Michael Tzavellas 3/7/1987 to 31/5/2010 on RETRIEMENT – FOR SERVICE TO STUDENTS FROM THE NSW DEPARTMENT OF EDUCATION AND TRAINING.
TH went onto allege that Uncle Phillip has not contributed any money for the expenses of his brother’s wake. My mother has said to me several times over the last 15 months or so: “I was happy to pay for the funeral expenses of my son (Michael John) and for one half of the expenses of the wake for Mick and Michael john but I cannot see why Lex and Phillip are not prepared to reimburse me for the other half of the expenses of the wake. The wake was attended by their friends and friends of Mick’s that they invited. They should pay from their own pockets.”
TH Uncle Phillip said, “it was remiss of him to have overlooked the fact, that the allegations TH made about her father Mick’s alcohol violence both verbally and physically to Michael John and her, were identical to the allegations made by her mother in her divorce from TH’s father Mick. In fact in the 1970s the Family Law Court was in its infancy, in which more than 90 percent of court cases the mothers were granted custody of their children. And yet DK, TH’s mother presented a 1973 doctors certificate identifying several injuries in which DK alleged was inflicted on her by Mick. Against all odds the judge awarded Mick custody of TH and Michael John. Why?”
We are going to prove why the Family Provisions Legislation should be repealed to protect defendants who have lost their assets involving Probate. We have irrefutable evidence that TH her mother DK and her good friend MK are guilty of defaming her father, his brother the executor, and his oldest brother and indeed committed perjury and appears to commit fraud, in regards to her father’s bank account.
In fact, the manner in which severe pressure was applied to the executor by Justice H and the legal representatives for the executor to accept legal representatives for the executor to accept TH’s lawyers offer. The NSW Government (Govt.) should fully investigate the handling of the court procedure. Retrospective laws to the Family Provisions Legislations, should be introduced to protect litigants from criminal activities being utilised for property and financial gain. TK alleged, “in 2011 my Dad told my Mum and I, that whilst dad was in Concord Hospital, Uncle Phillip for his own purposes withdrew money from Dad’s account and Dad was not happy when he found out. Dad said to both of us words in the effect of: ‘I had to take bloody Phillip off having authority on my account because he helped himself to my money, whilst I was in hospital. It will never happen again.’”
Phil advised the executor his youngest brother, that TH was defaming him by her blatant lies. Phil said, that he had no identification in his birth name. Since the early 1970. In those years the postmaster used to hire and fire staff. Phil applied for the advertised vacancy for a postman at Canterbury Post Office three times in the same week, but was unsuccessful. On the Saturday of that week Phil was putting his soccer team on the park when one of the parents asked if he had any luck with the postmaster? On Phil saying he had no success, the parent told Phil to have a name change because the postmaster hated wogs and jews. He reapplied for the position the following Monday, as Michael Phillip Johnston. He was given the job and welcomed as part of the team. TH furthermore apparently, was unaware that Phil bought cigarettes, reading material and chocolates for her father, whilst he was hospitalised. Phil advised the executor to contact the Commonwealth Bank and inquire for responses to three questions regarding Mick’s bank account. The executor emailed details of Mick’s Passbook Account on Monday August 15, 2017 and received a reply on Tuesday August 16, 2017 from
What you need to know
2) That Mick gave no authority for anyone to operate his account.
3) The account name has always remained as Mick Tzavellas, but during the first notification (22 June 2016) of the late Michael Tzavellas passing, full name provided was Michael John Tzavellas,, which has been used to address the estate, but no change effected to the account.
Why would TH have contacted the Commonwealth Bank within 8 days of her father’s and brother’s burial. TH was not the executor, why would she have altered her father’s account name to her brother’s name Michael John, who predeceased his father by seven days? This is surely ample evidence that TH had the intent to utilise her father’s bank account for financial gain. (relevant material attached.
(1) Uncle Phil has never held a driver’s licence
(2) Uncle Phil was driven to Concord Hospital to visit Mick by Mick’s son Michael John.
(3) If Mick needed to withdraw money from his bank account Michael John had the proof of his identification, his driver’s licence.
(4) Uncle Phil bought reading material, sweets and his cigarettes during his stay in Concord Hospital.
(5) In closing, Uncle phil said, TH and her mother DK were unaware that he had altered his name to Michael Phillip Johnston.
After hearing Uncle Phil’s version of event the executor Alex decided to email the Commonwealth Bank of Australia in which he asked for the following information involving Mick’s bank account – Passbook Account No.213500043194.
“Could you please help with the answers for the following questions?”
1. When was the account opened and at which bank?
2. At anytime was an authority given by Michael Tzavellas to anyone else to operate the account including withdrawals particularly in 2011.
3. The account name was changed to Michael John Tzavellas, on 22nd June, 2016 or days earlier. On whose authority and how was this authority given for the change of name?
Alex Tzavellas – 15/8/2017
Mr A. Tzavellas
16 August 2017”