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PostPosted: Mon Feb 07, 2011 3:45 pm 
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Golden Kingfisher
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Dickdi, that's good to hear. Glad that there is something in the world that your neighbour finds sufficiently intimidating - lawyers!

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PostPosted: Tue Feb 08, 2011 10:16 pm 
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Prime Pekin
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h
Glad you found a lawyer who seems to know their stuff.


hmmmm - I can't help but imagining what a video of this CEO sent to his work or up on U-tube might do to dent his egotistic behaviour. Delicious ! If only you could manage to have a friend film it from the street so it could not be attributed to you....for example if you were in the video too as the victim...?

Amazing how small modern video cameras are ...and of course the ones in mobiles are very handy too....*wicked grin* :bolt:


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PostPosted: Tue Feb 08, 2011 10:19 pm 
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Prime Pekin
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just one more thing that might support your case - you might consider getting a doctor's (or psychologist's /counsellor's certificate) outlining the health impact this has had on you and therefore potential damages paid for health costs incurred as well as supporting the harassment charges?


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PostPosted: Wed Feb 09, 2011 7:52 am 
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Showy Hen
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I agree with Chookwhisperer. Go to the doctor. You need as many "experts" as you can get. I would also print these posts as it clearly documents how you feel and the time frame.
I would never, never cope with what you and Dickdi have had to deal with. I am too fragile and the inability to get help for such insane behaviour would frighten me. Good luck to both of you with the bullies.

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PostPosted: Fri Feb 11, 2011 9:43 pm 
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Showy Hen
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Location: Narre Warren South, Melbourne
I finally got a copy of the Councils evidence today. Oh, wow. Where do I start? It's a tissue of lies from start to finish. Everything from claiming I have 15 hens on the property (I have *never* have 15 birds on my property ever) to the fact my councillor (whom I wrote to for help) was already involved in helping my neighbours (& gave them much more help than the fob off I received). My character has been called into question, ficticious health complaints have been invented (incl a medical certificate from an iridologist who saw the Mrs 'briefly' but doesn't actually state anything as to her health, etc :rofl: ), & outright lies have been told. Even the fact I box Arte at night has been brought up & labelled as abuse. As predicted, there were only the nasty neighbours & their relatives down the road involved. There is *nothing* in regards to how my other neighbours feel except for a record of the official calls my nice neighbour made to the Council reception (so they were noted in the file). Even claims about when I was informed about things such as number of hens, etc, (in their summary of evidence) is incorrect (& actually conflicts with their own records).

On the plus side, the Mrs claims they have considered moving & that on the log she has made of his crowing, she states that this is actually unusually quiet & that I must have found "some magic on off switch" that I am using now I know it's going to Court. Please.

There is simply so much here, I don't know where to begin. It's going to take me ages to make notes for the lawyer as to refuting everything in it. I don't want to get into a he said, she said...but seriously!

Ok...on another note. Is there anyone here...a chook expert...who could write an affidavit regarding boxing chooks, please? Maybe someone who could come see them & write an affidavit that I am housing them appropriately, etc? And that their feed, etc, cannot be attracting vermin & mosquitos (because this is also part of their complaint...apparently 3 doors & a street away are getting mice & it's my fault?! They live opposite a large reserve & have had building sites next to them the entire time they've been here...how do they know mice on their property are from me?!). Chooks don't attract mice when properly cared for. Yet they are claiming they are. And that the mosquito problem VIC has been having (which has been all over the news) is my problem.

I'm so stressed out...I can't even order my thoughts properly. I am definitely going to the Dr for a certificate about my *real* health complaints incl migraine, insomnia & fear of going out into the garden because of their actions towards me. Much more believable than a note from an iridologist to say he saw the Mrs.

Argh. I almost need someone to help me go through all this.


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PostPosted: Fri Feb 11, 2011 9:54 pm 
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Golden Kingfisher
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If you need to see someone to help you get through the mental side then go for it. You are having a seriously rough time. No-one could function even close to normally under the same circumstances - no decent person anyway.

Boxing your rooster is not abuse. Lord, I have a (crowing) hen in a cat box beside me as we speak. At night I put the cat box down in the dining room and she walks into the house and into the box. Seems pretty happy about it to me!! I am sure that Arte is equally chilled about his routine and his snug box.

But we all know that this is nothing to do with Arte or what he does and doesn't do - he is just what Mr and Mrs Loonie have chosen to focus on in their quest to stoop to ever lower depths.

Thinking of you.

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PostPosted: Fri Feb 11, 2011 11:38 pm 
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Showy Hen
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Location: Narre Warren South, Melbourne
70%cocoa wrote:
Boxing your rooster is not abuse. Lord, I have a (crowing) hen in a cat box beside me as we speak. At night I put the cat box down in the dining room and she walks into the house and into the box. Seems pretty happy about it to me!! I am sure that Arte is equally chilled about his routine and his snug box.


He does, actually! He'll quite happily walk into his box if I put him on the ground. He doesn't struggle if I hold him (heck, he'll even lie quietly on his back while I examine him or trim his spurs...no struggling, no protesting). Not the actions of an abused animal. A well-handled, trusting one but not an abused one.

I really value everyone's well-wishes & opinions so far. Thank you all so much for your support. It's been a huge struggle &, at times, a really emotional battle & I have really appreciated knowing that others support me. Sometimes when you're in the thick of everything, you begin to doubt yourself or it's difficult to kind of consider everything. But I've appreciated everyone's help & input so far. You guys are great :grouphug:


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PostPosted: Sat Feb 12, 2011 7:13 pm 
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Gallant Game
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I can't believe people act this way. It honestly just blows my mind.

Maybe if you called the RSPCA, told them of your situation, they could come and asses your chicken coop and Arte's night box :) and write up some documentation for you.

I have to have faith that the law and common sense will prevail! goodluck!


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PostPosted: Sun Feb 13, 2011 7:21 am 
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Old Mother Goose
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I have a feeling the RSPCA would side with the council. But it may be worth approaching them. Whats the worst that could happen? They can't dob you in. Certainly if you could get something in writing from them that was in your favour, it would have some weight behind it.

This is why I'm dubious...
My father recently adopted a new cat from the RSPCA. A few weeks later he received a letter from the council requesting that the new cat be registered. And as there were more than two cats now known at the address, if he had decided to keep this cat , here is the application for a permit. Since when did he sign a privacy agreement allowing them ( or the microchip registry) to divulge personal info to the council????

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PostPosted: Mon Feb 14, 2011 8:47 am 
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Gallant Game
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I would make anonymous call to the council first to find out there opinion on housing chooks they may even have something on the net. That would be another way search the net for government bodies approving your type of housing.
I would tread carefully with people like the RSPCA because if you call them out and the disapprove then you have just provided the neighbours with more ammo and the RSPCA can be a little unpredictable one minute there OK with it the next there not.
You really need to sit down with your lawyer and go through the evidence I know it will cost you more money but he is the person that is representing you and before you ask anyone to help you ask your lawyer first as he may have experience that might prove helpful.

Best of luck :thumbs:

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PostPosted: Mon Feb 14, 2011 9:46 am 
If the council recommend to someone else (a friend who has rung for advice, for instance, with a recorded phone call) that they house a rooster in a night box, then you would certainly be on a winner.
An *Iridologist* saw this woman and gave a report? God save us from such insanity.
Are her eyes playing up because of your rooster?

Mice - ROFLOL. The mice in her yard are there because they haven't worked out that there is a free feed 3 doors down the road.


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PostPosted: Mon Feb 14, 2011 11:11 am 
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Gallant Game
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I just found these two sites may be worth looking at and using some info in your defence
http://kb.rspca.org.au/What-type-of-hou ... s_102.html
http://www.dpi.qld.gov.au/27_2698.htm

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PostPosted: Mon Feb 14, 2011 2:02 pm 
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Showy Hen
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Location: Narre Warren South, Melbourne
After spending two days going through their evidence, I thought you all might be interested in a few things I've picked up...

They claim I got my original birds a few months after they moved in & that a few months later, I came round saying I'd "accidentally" purchased my roo. They also claim I coerced them into agreeing to the birds (among other fictious statements I'm supposed to have made). I have proof via emails that I placed the order for my birds BEFORE I moved into our house (I had mentioned to my neighbours while we were building, on several occaisons, that I was considering getting chooks). I have the day & hour my birds arrived. I also have the date we had our fence put up (this is important because our neighbours agreed to the fence being put up BEFORE THEY MOVED IN & while there was still temp fencing on their property...BECAUSE of the chooks. My mother visited soon after I got the chooks & took photos of the street - I'm waiting on these so I can prove their house was still under construction). My original birds were there BEFORE they moved in. I also have a time & date for my roo...& when I approached the neighbours (because, funnily enough, there are posts here on BYP about it!). My eldest girls are 2 years older than my roo.

The neighbourhood consultation letters (for acceptance/objection of permit) were sent out the day before my permit was declined. Therefore, there was no public consultation. And yet, they accept the ONE objection received (from my nasty neighbours) & use this as the reason to decline the permit.

Remember the Councillor I wrote to for help? There is an email from him to them in the evidence...it is clear he has been discussing the situation with them (the other emails, etc are not included). He tells them BEFORE I was advised my permit had been declined, that it was declined & that I had already been told to remove the roo. He also goes on to say ("as discussed") that he will be bringing a motion to Council to look at numbers of animals on residential properties. Which he does (I found the motion & resulting report on the Council's website). At no time was I told he had been in discussion with them. I was simply sent a one-line fob off claiming my request for help was "a procedural issue" & he got some pleb to phone me with a canned response (& yes, the pleb's phonecall is in there too but nothing from the councillor).

Their original complaint states the crowing had been going for 3 weeks (just before the law changed). My roo was over a year old at that stage. It is not until my letter to them (in response to a nasty one from them...the only time I've ever responded to any of their threatening & harassing letters & their nasty letter was the first time they told me the roo was a problem...well after I'd been served with a notice to comply, etc) is sent that states how long my roo has been there, do their complaints & statements to the council amend the length of crowing to 'years' & '2 years'. I also think this is how they've come to the time frame of how long the original birds were here...they know roughly when they moved in & have tried to work back from how old they think my roo is based on my letter. They're not very good at maths.

ALL their complaints to Council coincide with other things that had been going on...we get out water tanks installed (& they threaten the installer) - complaint. Our front garden goes in (& they make disparaging remarks to the landscaper) - complaint. We ask them to trim their pittosporums (& they write a long tirade of abuse in response, to which I finally had enough & wrote my one & only response to all their bullying we've been dealing with over the years) - complaint. This was never about the rooster. The teamleader even advises in the notes that there is an ongoing neighbourhood dispute. But the letters I gave them (sent to me from my nasty neighbours, plus any I had sent them) are not included.

My permit appeal is not mentioned. Nor is it included.

Their relative who lives down the road claims they can hear my roo at 8.30am & that the "loud, piercing crow" wakes them up, despite sleeping in a double glazed room. They also claim there are no buildings to buffer the sound. There are two buildings & a road between us & them. My roo has always been boxed inside until 9.30am at the earliest (although it's sometimes slightly later). He is never, ever, let out before then. And on Saturday at 9am, I took video. The weather conditions (wind direction, external noise, etc) were optimal for hearing anything outside their house. Yes, you can hear him crowing outside my garage door. The sound is still audible at the end of my driveway but is very muffled. I can *just* *barely* hear him outside my neighbour's house (but they sleep down the other end of the house, away from our garage)...it's very faint. I cannot hear him at all outside my neighbour's relative's house...& I *know* he was crowing because my daughter had to go bang on his cage toget him to crow & came out, waving, to indicate he was crowing. There is no way on this green earth that either of them are being woken up at 8.30am by him. heck...I was outside in my own garden this morning (on the side of my nasty neighbour) & I could only *just* hear him. And I was outside. Forget being indoors with all that brick to muffle the sound further. My 4 year old son sleeps with his door open...the roo is in the garage...& the crowing *inside the house* isn't enough to wake him (& he's a poor sleeper).

There's waaaay more...but those points in particular were of interest. Oh...& did I mention they claim they counted 15 hens & a roo on my property (even the council claims I have 15 hens)? Hopefully someone can help me find those additional 6 hens because I've certainly never had them or been aware of them!


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PostPosted: Mon Feb 14, 2011 2:32 pm 
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Champion Bird
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I'm getting almost afraid to open new updates on this topic. I simply cannot understand how your neighbours can live so aggressively, to be so angry 24/7, with no apparent reason! I'd KILL to have you as a neighbour, not that I have any serious problems with mine (and I share boundaries with 6, including a public walkway belonging to the council).

You must be be a bundle of angst and frustration. I am, just reading your posts! I do hope someone on the council sees some sense, and tells these people to pull their heads in. I think I suggested to someone in a different thread who was being harassed in her yard by a neighbour, that she wear headphones, and just go about her business. If you try that and just totally ignore him, he might think he can't be heard and give you a break. In fact some very loud music so you can't hear him, might help you deal with him.

A bit straw clutching, I guess. Geez, what an A***hole!!

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PostPosted: Thu Feb 17, 2011 9:59 pm 
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Showy Hen
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Location: Narre Warren South, Melbourne
My lawyer spoke with the person from the Council who is prosecuting me. They are adamant they are never going to issue me with a permit for Arte. My lawyer has strongly suggested I try & rehome him before the trial so I can keep my remaining poultry. I am completely devastated. The problem is they are prosecuting me on a point of law, not that I am creating a nuisence or similar. So I am guilty...I just have to try & mitigate the guilt so I can reduce the penalty imposed.

He has also suggested I apply for a restraining order the moment next door do something once the trial is over next week. Because there will be something else (it's never been about the rooster). He has told me to immediately begin taping anything that happens & has told me how to go about applying for the order. My logs, video, letters, etc can all be used to support this.

I am loosing my friend & a member of our family because I have goons for neighbours. My heart physically hurt as I was leaving his office today :cry: How do I make this feel better? My kids are devastated. I am beside myself. I don't even know where I can take him & I don't want to euthanise him :cry: Anyone want a friendly little roo?


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