Misrepresentation by Peter Livers: Difference between revisions

Latest revision as of 11:35, 24 May 2026

List of misrepresentation by Peter James Livers starting with the most important. I am preparing Case against Peter Livers and writing what I have learned for challenging lawyers misconduct in court.

UPDATE: move relevant information from other pages here

Non wiki

Summary

Financial implications

UPDATE: numbers. of Mr Livers representation of my claim:

Difference between what was calculated at the PIC and what I have received because of the law.
From the calculated Mr Livers submitted to the PIC: Loss of income $1,599,316.65, plus super at 9% $143,938.49, total $1,743,255.14. Difference between submissions estimated and received compensation of $250,000 ($100.00 for past 8 years and $150,000 for future income loss): $1,493,255.14.
Based on Compensation Act 1999: $1,864,045.18, super $167,764.07, total loss of income $2,031,809.25. Difference $1,781,809.25.

All calculations are based on the minimum market salary for Java developers of $125,000 per year.

Categories of misconduct

The result of Mr Livers handling of the claim was that the PIC did not have a chance to consider all the relevant matters affecting the determination. Specifically, this arose due to:

Mr Livers did not follow clear client instructions, despite promising to do so, and in some cases telling client that he did
Mr Livers submitted incomplete or inaccurate documentation to the Personal Injury Commission and failed to raise the key issues requested and agreed upon
Mr Livers gave damaging advice during the PIC conference
1. Compensation for pain and suffering
2. Compensation for support
Mr Livers did not share relevant information as required by his role during the preparation process for PIC assessment conference (disputes for medical and legal fees)
Mr Livers did not action agreed work promptly and within the timeframes required to support the claims process.
Mr Livers facilitated the dissemination of misinformation and engaged in deceptive conduct related to my claim.

Important documentation could not be considered at the PIC Assessment Conference. My final Statement (2023-04-26), including references, was provided to Mr Livers and incorporated into the overall Submission. The presentation, and ordering, of the submission documents (PIC Reference, AD11-2, 333 pages in total) made it difficult for the hearing to consider my position. This handling of my records, and unclear presentation of the overall Submission, resulted in obfuscation of my Statement (2026-04-26):

Mr Livers failed to challenge misleading work capacity claims made by QBE’s solicitor at the PIC (2023-06-28), resulting in them being accepted as true. I had explicitly asked for him to dispute these particulars on my behalf. He failed to do this despite me making it a key condition of my agreeing to engage him as my solicitor.

In relation to the dispute about Medical expenses: Prior to the PIC hearing, I provided a list of medical expenses in the Statement, which was subsequently disputed by the Insurance company. The PIC responded to this by requesting additional information. Mr Livers did not advise that this happened and as a result, I could not provide the information and medical expenses were not considered for compensation.

In relation to the dispute about Legal expenses: I had asked him about compensation of legal expenses by QBE Insurance and he said there was no information about it. I was later aware of a dispute from QBE about these legal expenses.

Severe misconduct

Peter James Livers represented me at the PIC Assessment Conference for my personal injury claim. During preparation for the Conference, Peter Livers did not forward information provided to him for my claim, which would have corrected information relied upon to assess damages under the claim. During the Conference, Livers did not present any information supporting my claim despite promising to do so before the conference. His whole presentation of my claim was to ask one question: “How many pots do you have in your garden?” There was no presentation of medical records, impact on my life or loss of income, no challenge of statements made by the opposing team.

Misrepresentation at assessment conference

To-Do: update summary.

PIC Assessment Conference was held 2023-06-28. Tribunal Hugh Macken has launched harsh verbal attack on me abusing his power. He declared that his mission is to serve QBE insurance and to protect their interests so that injured people do not claim compensations.

Hugh Macken uploaded determination on damages to PIC portal on 2023-07-20. It is very unfair and full of factual errors. I asked my solicitor Peter Livers to submit an application of appeal to district court as he was recommending doing for the last several months. Livers replied that he will not do it and will not allow me to do it.

The result of Mr Livers handling of the claim was that the PIC did not have a chance to consider all the relevant matters affecting the determination.

Mr Livers submitted incomplete or inaccurate documentation to the Personal Injury Commission and failed to raise the key issues requested and agreed upon
Mr Livers gave damaging advice during the PIC conference
1. Compensation for pain and suffering
2. Compensation for support
Mr Livers did not share relevant information as required by his role during the preparation process for PIC assessment conference (disputes for medical and legal fees)
Mr Livers did not action agreed work promptly and within the timeframes required to support the claims process.
Mr Livers facilitated the dissemination of misinformation and engaged in deceptive conduct related to my claim.

I wrote to PIC asking to fix at least obvious errors in the determination of damages. My request was rejected.

Livers actions:

Did not present my case. During PIC conference QBE insurance representative tried to prove that problems with my right knee started few months after the road traffic injury even though there are proves that I complained about pain in the right knee immediately after the accident. Mr Levis didn't ask any questions regarding that and didn't try to prove the truth(transcript pages 7-8). transcript, Certificate of Determination
Gave me harmful advice about non-economic loss. During tribunal Livers insisted that I ask $500,000 for pain and suffering. Livers did not mention the sum for non-economic loss in his particulars, so $500,000 came as surprise for me. Previously I asked for $200,000 and insurance agreed. Even Macken, PIC member, said that $500,000 is too high, as just 3 weeks ago he gave quadriplegic only $375,000, and if I leave it this high I will get close to the allowed minimum $100,000. Unfortunately, I trusted Livers and got $150,000 (PIC Certificate of Determination) (pages 6-7). Email from Livers (REVIEW: is it useful, add link to limits).
Gave bad advice about claiming support. During tribunal I asked for $50,000 - $75,000 for Gratuitous Care. Mr Livers was asked by Mr Macken to provide reasoning for gratuitous support. Mr Livers instead of providing evidence for this needed domestic assistance cost convinced me to take back this request. Also Mr Levis convinced me that I don't need occupational therapist assessment, but during tribunal I was asked to provide it which I didn't have. It was a loss, because I didn't get any money for Gratuitous Care. his particulars pages 7-8 Certificate of Determination (UPDATE: Look for report that I was asking for support). Macken stated that by the law there can not be support for psychosocial disabilities. Livers instead of point out that it is not true pushed me to accept it stating that it is true.

I have seen Ceballos only once at PIC Assessment Conference 2023-06-28. I was surprised how excited he was to urge QBE barrister to put forward statements that would require me to have teleportation device and time travel. The barrister did not go so low and ignored Ceballos urges even with full support of PIC member. My solicitor Peter Livers sit quietly all this time, despite my previous request to dispute all incorrect information provided by Ceballos and Livers promise to do so during conference.

Timeline

2023-06-28: PIC Assessment Conference. UPDATE: add attachments to event
2024-04-29: PIC sent me audio record of Assessment Conference. UPDATE: how bad it is.

Incorrect Reading of Statements Dates

Livers did not read 3 dates of statements correctly and provided incorrect information. The dates read by Livers were inconsistent and incorrect: 29th April 2019, 27th June 2022, 27th June 2023, 29th April 2023, 29th April 2019. The correct dates of the statements supposed to be 29 April 2019, 27 June 2022 and 26 April 2023. It is obvious in the audio provided. This demonstrates how Livers did not provide any information when asked by Macken about my functioning after the injury.

Transcript of the Assessment Conference

[Mr. Macken] (0:00) Mr Livers, yeah, do your best just to answer the questions, Mr. Stonis, (0:06 to 0:09). Mr. Livers,

[Mr. Livers] (0:17) can we give the tribunal your full name and address?

[Dr. Stonis] (0:19) Yes, my name is Alfonsas Stonis and I live at …

[Mr. Macken] (0:28) and you have sworn three statements. It is preceded by 29th of April, 2019, 23rd of June, 2022.

(0:38 - 0:48)

[Mr. Macken] (0:48) 27th June, 2023, and what was the other one?

[Mr. Livers] (0:56) 29th April, 2019.

[Mr. Macken] (1:00) Yeah. What was the third one? I've got the first two.

(1:05) 27th June, 2023?

[Mr. Livers] (1:08) Yes, 22.

[Mr. Macken] (1:11) You've sworn three statements.

[Mr. Macken] (1:13) What was the second? What was the second? What's the last one you said, Mr. Livers?

(1:18) No, no, no, no, just go on. I'll find out.

[Mr. Livers] (1:22) All right.

[Mr. Macken] (1:24) I just asked you to read the dates from a document.

[Mr. Livers] (1:26) Well, there are three.

[Mr. Macken] (1:27) Yes, and I want the third one. That's not the first one or the second one. That's the one that comes after one and two. That would be the 3rd one.

[Mr. Livers] (1:33) 27th June, 2023.

[Mr. Macken] (1:36) What was the second one?

[Mr. Livers] (1:38) 29th April, 2023.

[Mr. Macken] (1:40) Thank you. And what was the third one?

[Mr. Livers] (1:43) 29th April, 2019.

[Mr. Macken] (1:45) So they're the same date.

(1:49) So you've sworn three statements. And you've signed them. And you confirm they're true and correct?

[Dr. Stonis] (1:58) Yes.

[Mr. Livers] (2:08) Dr. Stonis, I want to ask you a few questions.

[Mr. Macken] (2:12) Can I just ask you Dr. Stonis, where, why the doctor, where is the doctor from?

[Dr. Stonis] (2:17) I have a PhD in computer science. [Mr. Macken] (2:20) From?

[Dr. Stonis] (2:21) From the University of Technology, Kaunas University of Technology in Lithuania.

[Mr. Macken] (2:26) In Lithuania.

[Dr. Stonis] (2:27) Lithuania, where I'm originally from.

Audio record of the Assessment Conference

Did not dispute lies in Ceballos submissions

Failure to Contest Allegations Attributed to Ceballos. In his submissions to PIC Timothy Ceballos relies on absurd lies changing the information that is on provided records. He:

misquoted text changing meaning to opposite;
invented to things that were not in the documents mentioned;
is inconsistent with his own statements.

Livers promised to dispute these lies in his submissions. After not doing this he was stating that it is better to do it during the Assessment Conference where he will provide detailed information.

During the AC Livers did not dispute any lies. Based on his actions now it is clear that he never intended to do so, but was just making sure that it is not included in written form.

Evidence:

My request are seen in emails: 2023-01-31, 2023-02-26, 2023-04-25, 2023-04-26
Livers promised to dispute this but only by saying it.
Livers edited my statement asking me to remove information about. Livers emails: 2023-04-26, 2023-05-05
See full #Impact on determination in separate section. It short, Macken took these lies as basis of his determination and awarded very minimal compensation.

Timeline

UPDATE: add comments why it is included

2022-10-28: Impact of incorrect statements by people hired by QBE "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"

2023-01-31: List of lies by Ceballos and they way to expose them.; Files: Short summary of my claim situation, request to review errors and submit application before the conference with the PIC member 2023-01-31 email to Livers - Short summary of my claim situation.pdf"; Reply to Insurer’s submissions and schedule of damages "Reply Claim assessment and resolution service.pdf"

2023-02-26: Asking for advice on submitting a complain to the Health Care Complaints Commission. "2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf"", The impact of incorrect statements by people hired by QBE "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"

2023-04-25: Emotional and personal impact of pursuing a claim ""2023-04-25 email to Livers - Re Mentioning QBE and previous lawyers in my statement.pdf"; Questions about statement "2023-04-25 email to Livers - few questions in your notes about statement.pdf; Asking for advice on providing additional information to my statement "email to Livers - in my statement I want to have this information.pdf"

2023-04-26: Asking for advice on updated statement "2023-04-26 email to from Livers - Re Update of statement with summary for Moodley report errors used by QBE.pdf"; 2023-04-26 Dr Alfonsas Stonis statement "2023-04-26 Alfonsas Stonis further statement.pdf"

2023-05-05: Applicants submission and schedule of damages "Solicitor particulars.pdf"; Request to do some changes in submission "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"

2023-06-14: Asking for follow up on and responding to the insurer’s submission "2023-06-14 email from to Livers - Re FW Attached Image - Cebalos particulars"

2023-06-27: Sending comments about loss of income "2023-06-27 email to Livers - Loss of income - reply.pdf"; Errors in Ceballos insurers submissions for economic loss "2023-06-27 Loss of income.pdf"

2023-06-28: Ensuring important details are properly included about loss of income and domestic care and assistance "email to Livers - Domestic care and assistance - errors in insurers submissions for.pdf"; Errors in insurers submissions for care and domestic assistance "2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf"

2023-07-20: Informing about personal Injuries Judgement "2023-07-20 PIC determination.pdf"

2023-08-08: "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"

2023-08-27: Accepting the award for insurance claim application "2023-08-27 Accepting APP-10268809 award.pdf"

Undated: File: "A1 Insurers Submissions.pdf"

Not disputed lies

Full list is provided on google drive. UPDATE: upload updated list.

This document serves as a formal reply by Dr. Alfonsas Stonis to the particulars and submissions regarding his motor vehicle accident claim, which was prepared by the insurer (QBE Insurance) representative, Ceballos. Dr. Stonis asserts that the insurer's submissions are largely based on intentionally incorrect, incomplete, and inconsistent statements.

Key Points of Contention:

Employment and Income: Dr. Stonis disputes claims that he was unemployed at the time of the accident. He maintains he was working on his own software project and actively seeking employment, supported by evidence of his attendance at technology meet-ups and industry networking. He also refutes inaccuracies regarding his past earnings and employment history at the Axe Group.
Medical History and Reports:
- Dr. Stonis clarifies that his previous depression (2011) was treated, fully recovered from, and distinct from the trauma and PTSD resulting from the 2015 road accident.
- He highlights numerous errors in the report provided by Ms. Moodley, characterising her claims as physically impossible (e.g., timing and location inconsistencies) and factually incorrect.
- He notes that the PIC medical assessment panel determined his permanent impairment to be 16%, conflicting with the insurer's claims.
Assessment of Damages:
- Dr. Stonis asserts he exceeds the section 131 threshold for Non-Economic Loss ($400,000).
- He outlines ongoing needs for trauma-specialized counselling and medical expenses, including treatment for tinnitus and physical injuries.
- He argues that his inability to return to work is a direct result of the accident's physical and psychological impact, contrary to the insurer's submissions.

The document includes a list of supporting attachments, such as tax assessments, medical reports, and evidence of his job-seeking activities, to verify his claims and challenge the insurer's position.

Some of not dispute lies

Examples of some lies by Ceballos that remained not disputed while information about it was provided to Livers:

Wrong time period for working at Axe group Pty Limited. In Insurer's submission prepared by Ceballos, item 30 states "He relies on his alleged pre-accident earnings from Axe Group Pty Limited of $100,000 per annum as evidence of his earnings at the time of the accident. He says he was employed in this role from 2009 to 2011." I wrote that I worked Axe Group Pty Limited as 2008-2010. In few different occasions I informed Mr Livers about lies made by Ceballos identifying all of them and correcting my employment dates at Axe Group Pty Limited as 2008-2010 "Dr Stonis worked at Axe Group Pty Limited 2008-2010. Please see tax office documents from above." Email to Livers - reply Claim assessment and resolution service, 2023-06-27 email to Livers - Errors in Ceballos insurers submissions for economic loss, email to Livers - Errors in insurers submissions for care and domestic assistance,2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf, A1 Insurers Submissions.pdf, 2024-04-14 Errors in Ceballos particulars of 2023-06-13
In Insurer's submission prepared by Ceballos, item 28 shows my incomes for financial years 2011, 2012, 2013,2014. Ceballos omitted the following income information from the history previously provided to him: financial year end 2008-06-30 income $25,405.00, financial year end 2009-06-30 income $89,097.00, financial year end 2009-06-30 income $54,212.00. I provided the correct information to Livers on several occasions (as mentioned in this paragraph, item 1). However, Livers did not highlight or dispute this incorrect information. 2008-2010 Salary income records

The actual salary income history for the 2008–2010 financial years, as evidenced by the tax documents
Financial Year ended	Source /Employer	Gross Annual Income
30/06/2008	AXE GROUP PTY LIMITED	$25,405.00
30/06/2009	AXE GROUP PTY LIMITED	$89,097.00
30/06/2010	AXE GROUP PTY LIMITED	$54,212.00

Ceballos, in item 30 of his statement, states "He relies on his alleged pre-accident earnings from Axe Group Pty Limited of $100,000 per annum as evidence of his earnings at the time of the accident. He says he was employed in this role from 2009 to 2011." This statement suggests that I relied solely on my statement about the salary from at Axe Group Pty Limited, while omitting the documentary evidence I provided to demonstrate my actual income. The omitted evidence included: 2007-2009 Income tax return copy, 2008-2010 income saraly ATO, 2009-10 Income Tax, 2010-2011 Income Tax,2008 Income Tax assessment, 2009 Income Tax assessment, copy of Axe Group Pty Limited Agreement with salary specified of $100,000.00 package per annum.
Wrong income specified at Axe group Pty Limited by reducing early income form $89,097.00 to $27,706 (or $32,282 adding gross interest) . Ceballos withheld information regarding my annual earnings from Axe Group Pty Limited. Instead, he presented a table showing my income from 2011 onwards. The Axe Group Pty Limited Agreement specified a total remuneration of $100,000.00 per annum. The year 2009 was the only full financial year which I worked, and my income for that year was $89,097.00. During that period 2010-2011, I was working on a pilot project for RailCorp, therefore the amount of earnings was low. Ceballos took the earnings of $27,706 from pilot project and presented it as full time employment salary. This effectively reduce weekly salary from $1,713.40 (89,097.00/52) to 532.80 (27,706/52) at the rate of 3.2 (1,713.40/532.80) times. I highlighted the incorrect statements by Ceballos to Livers on several occasions. Livers promised to present it during assessment conference, but have not done so.
In item 31 of Ceballos statement:
1. he states "There is no independent evidence to suggests that he was actively looking for work at the time of the motor vehicle accident". I informed Livers that there is evidence about my attempts to find work and provided a message from Masodah Zafis confirming it. Livers ignored it and did not dispute this statement. Masodah Zafis response
2. I highlighted to Livers that Ceballos’ statements are inconsistent. The records of Dr Khan and Mr Sutton refer to me working on my own project before the injury, stating: "Prior to the subject accident, Mr Stonis was self-employed working as a software developer" and "Discussed how he was updating his IT knowledge and working on a start-up product at the time of the accident." However, Ceballos concluded that my attempts to work on my own project were inconsistent. In addition, the date of Mr Sutton’s note was recorded incorrectly as 21-03-2019 instead of 21-03-2018. Dr Skinder Khan report, Clinical notes of Mr Steven Sutton
3. Ceballos states: "He indicated on page 3 of his Wikipedia story that “I was not working at the time of the accident, so it is hard to prove any loss of income”". At the time of the accident, I was not employed, which is also evidenced by my income records, and I was actively looking for work. At the time I was writing my Wikipedia story, I was unaware that efforts to seek employment could serve as a basis for claiming compensation for the loss of future earnings.
4. Ceballos omitted important information that I was working as a self-employed software developer and was actively seeking employment at the time of the injury, while focusing only on income from my self-employment: "He has not provided any independent evidence of income derived as a self-employed software developer in the 3-year period prior to the accident." ”. Without this crucial information the picture of my story is very incomplete.
5. "He has not provided any independent evidence to support his earnings at Axe Group Pty Limited". This is plainly false. The following documents were available to Ceballos and were also provided at the PIC conference. They are also included in the bundle of documents prepared by Ceballos himself (page 67).Payment summary details records 2008-2010 Bundle of documents
6. "He obtained a role with the Lithuanian Community in Australia in November or December 2016 for a period of 5 months – paragraph 63 of his statement dated 29 April 2019". This statement is false. In the statement 29-04-2019, items 61 and 62 state that I was not able to get employment or work on my previous project. The Lithuanian Community in Sydney is based on voluntary work. It applied for funding but did not receive it, and therefore the project did not proceed. I attempted to continue the project independently but without success. Paragraph 62 further states that the project was considered suitable for undergraduate level. 2019-04-29 Stonis statement
7. The statement "He obtained a role in Sweden in 2016, allegedly working for a period of 6 weeks – paragraph 65 of his statement dated 29 April 2019" is false. The actual text of item 65 states: "I had a similar demoralizing experience back in 2016 in relation to a small job for a Swedish firm which my brother put me in touch with. That is something that should have taken a week or even less and which I was unable to complete within 6 weeks." Ceballos has modified the statement to the extent that it now conveys the opposite meaning. In fact, my brother took on a small project and asked for my assistance. However, within six weeks I was not able to even set up the environment. The phrase "similar demoralizing experience" is presented by Ceballos as something positive, which misrepresents its original meaning. Also, the quote "That is something that should have taken a week or even less and which I was unable to complete within 6 weeks" is presented by Ceballos as actual work performed.
8. "He was working 35 hours per week with the Lithuanian Community in Australia at the time of the medical examination with Dr John Roberts on 4 February 2019". This is false. Dr John Roberts wrote about Dr Stonis's ability to work: "CURRENT ACTIVITIES: When questioned in this regard Mr Stonis stated that he was not as work; ..., he did not consider that his ability in this regards had improved to the extent that he was capable of returning to work. ...Mr Stonis commented on experiencing stress difficulties that he tends to panic; that he wants to return to work so he can earn money." At that time I attempted to work on urgent tasks setting up a petition website. The site was simple and I put a lot of efforts, but achieved no results. 2019-02-04 Dr John Roberts report Petitions for election 2019 post in Sydney
9. Despite all evidence showing that I was not able to return to work (including medical reports and my statement), Ceballos submits the following incorrect statement:"‘It is submitted that the claimant has demonstrated a capacity to obtain employment in the open labour market after the accident.". Some examples of my actual well-being and capacity to return to work: 2022-09-30 PIC review of medical assessment, page 27, Adaptation: "There is evidence of severe impairment. It is unlikely that Mr Stonis would be able to perform more than a few hours of work per week. Given his significant depressive symptoms causing significant concentration and memory problems, as well as lack of energy and motivation.", Dr John Roberts report: "he did not consider that his ability in this regards had improved to the extent that he was capable of returning to work", my statement 2023-04-26 :"While talking about all attempts to work it is important to mention that most of the day was spent in calming down and avoiding any memories and thoughts related to the injury. It was not always possible. It has been a very long period, but my closest estimate is that I had about one hour of energy per day and the rest would be just a tiring struggle.", 2019-11-16 Stephen Sutton report: "On top of this, the many ongoing issues to deal with the accident have exacerbated his situation and condition - and effectively served as ongoing re-traumatizing expereinces for him - therebly preventing him from being able to work through and get over this condition". 2022-09-30 PIC review of medical assessment, 2019-02-04 Dr John Roberts assessment, 2023-04-26 Stonis statement, 2019-11-16 Stephen Sutton report.
I stated that I was looking for full-time employment at the time of the injury while I was self-employed at that time. Ceballos’s statement refers to the matter which is not part of the information I provided. He implies that I am asserting something different, which is not supported by the documents I provided.
The claim provides sufficient evidence to support the assertion that, under the law loss of income should be compensated. However, Ceballos did not explain how the case he refers to is relevant to my claim.
Items 35-38. Provided statements satisfy the requirements for the assessment of future economic loss. There is independent evidence showing that I was looking for employment at the time of the injury. There is also independent medical evidence demonstrating that I did not have the capacity to work following the injury. The submission made by Ceballos ignore the evidence previously identified regarding my attempts to obtain employment at the time of the injury and my efforts to return to the labor market after the injury. Ceballos draws his conclusions from misquoted and inaccurate facts, as highlighted above. Section 126 of the Motor Accidents Compensation Act 1999

Did not dispute lies by Moodley

In the report provided by psychologist Ms Moodley some of her claims are physically impossible (e.g., timing and location inconsistencies) and factually incorrect.

Mr Livers received factual evidence of false statements by Ms Moodley and clear instructions to expose these lies. Instead of acting on these instructions Mr Livers first assured client that the fraudulent report is not going to be used, while the evidence was that report is being used. When presented with evidence that fraudulent report is being used and instructions to send provided information to PIC Mr Livers promised to do so, told me that he has done it; but Livers did not send this information to PIC.

Comparison of provided attachments and attachments which were submitted by Mr. Livers to PIC
Documents sent to Livers and asked to submit it to PIC 2023-06-08	Documents Livers submitted to PIC 2023-06-15
1. 2020-03-18 Moodley report errors	2020-03-18 Moodley report errors
2. Juste Stoniene statement about errors in Moodley report	Juste Stoniene statement re Vanitha Moodley independent psychological assessment 18/03/2020
3.Moodley complaint summary	Moodley complaint summary (repeated 2 times)
4. 2009-10-10 email APPLICATION FOR MIGRATION TO AUSTRALIA UNDER THE GENERAL SKILLED MIGRATION	2009-10-10 email APPLICATION FOR MIGRATION TO AUSTRALIA UNDER THE GENERAL SKILLED MIGRATION
5. 2014-10-03 IMMI Acknowledgement of Application Received	2014-10-03 IMMI Acknowledgement of Application Received
6. 2015-01-31 - 2015-12-31 Juste bank statement	2015-01-31 - 2015-12-31 Juste bank statement
7. 2015-08-24 Juste IMMI Grant Notification	2015-08-24 Juste IMMI Grant Notification
8. 2020-04-14 Traumatic Stress Clinice Gmail - Further referrals	Missing document
9. 2020-04-29 email from Gillian Potts YOUR MOTOR ACCIDENT CLAIM	Missing document
10. 2020-04-29 Gmail reply about Moodley tests before reading	Missing document
11. 2020-05-12 email Information on National Cannabinoid Clinics	Included in previous uploads
12. 2020-07-03 DR Peter Anderson CV	Included in previous uploads
13. 2020-07-03 Dr Peter Anderson	Included in previous uploads
14. 2020-07-24 Dr Peter Anderson WPI	Included in previous uploads
15. 2021-03-17 Wayne Mason assessment	Missing document
	2023-06-08 A. Stonis email to P. Livers about errors made in Moodley report and request to submit it to PIC application (repeated 2 times)

Timeline

2023-06-08

In the email sent to Livers on 2023-06-08, I asked him to submit the complaint I had written to the HCCC about Moodley as part of my PIC application. I also asked whether he wanted me to resend the information I had submitted in the HCCC complaint. Livers replied, Please resend, on the same day. A few hours later, I sent him all the details. [Submitting complaint about Moodley report to PIC], [RE: Submitting complaint about Moodley report to PIC], [Re: Submitting complaint about Moodley report to PIC]

2023-04-26

In the email I sent to Livers on 2023-04-26, I listed and described the errors made by Moodley in her report. I stated that I wanted to add this information to my statement and asked Livers whether everything I had listed was acceptable to him. On the same day, he replied, Ok.[Update of statement with summary for Moodley report errors used by QBE], [Re: Update of statement with summary for Moodley report errors used by QBE]

Livers missed the deadline to upload provided documents

Update: rearrange with previous one so that one is about misrepresentation and another about delays

X number of documents provided were missing from the final PIC submission, primarily concerning my employment status, return to work activity and medical records. Some (e.g see below UP TO HERE have pages removed, and others are completely missing.

Livers was asked to provide response to QBE application by messages.

Even with the delays Livers uploaded documents with significant modifications that damaged the claim.

Timeline

2024-02-24: PIC rescheduled preliminary conference to 2024-03-14 ["2023-02-24 PIC message - part 4 - conference reschedule 14 Mar.pdf"] [Cancellation of Appointment]
2024-03-14: PIC member Macken requested for all documents to be uploaded to system by April 28.
2024-03-14 to 2024-04-28: I contacted Livers multiple times trying to find out what and how information has to be provided to PIC. Livers was very unresponsive saying that he will take care of it, but did nothing.
2024-04-30: Ceballos contacted PIC asking to assess claim on the papers, that means without any input from claimant.; File: "2023-04-30 - 05-01 PIC messages - part 6 - Ceballos note that Livers have not uploaded all required documents asks for documents not to be accepted and for assessment on paper.pdf"
2024-05-01: Only after Ceballos message Livers replied that he will upload documents tomorrow.
2024-05-01 - 05-08: PIC replied that the assessment conference will be left as planned. Livers notified that he uploaded some documents on 05-08. It is unclear were some documents uploaded on 05-01.; File: "2023-05-01 - 05-08 PIC messages - part 7 - Member is aware of messages - Livers upload documents.pdf"
2024-05-08: Livers further documents.; File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"
2024-05-08: Ceballos commented that documents A03, A04 and A05 are duplicates. He also indicates some other errors. Dominic John from PIC confirmed it, but there was no reply from Livers.; File: "2023-05-08 PIC message - part 8 - Livers sending documents.pdf"

Uploaded provided documents with significant modifications

Livers with assistance of Ceballos upload all documents as one file with significant modifications.

Mr Livers made significant errors and alterations to the documents, including manually changing the dates on several statements. This created confusion during the PIC Assessment Conference. The Member, Hugh Macken, noted that the statements were difficult to follow, and Mr Livers did not provide adequate clarification. As a result, the Member declined to review the printed statements I had available at the time and it seems he have not done it afterwards.

Consequently, the Assessment Conference Report recorded that there was no documentary evidence supporting my efforts to seek employment, despite such evidence being present within the statements. These issues ultimately contributed to the low award that was made in my case.

31 of documents provided were missing from the final PIC submission, primarily concerning my employment status, return to work activity and medical records.
4 documents are missing important pages
changed date in some documents manually (dates of the 2 statements)
XX attachments are hard to read due to careless scanning
Original documents were provided in PDF format and were easy to read and possible to search. Livers scanned these documents making it way more difficult to read.

https://drive.google.com/open?id=1YSEr208HseWTdIyR5YHvtLez9R0hQY70mlyxzZq1k9o&usp=drive_copy

Details

Comparison of provided list of attachments and the index of attachments in the final PIC submission by Mr. Livers
Original statements	Index of attachments in the final PIC submission by Mr. Livers
2019-04-29 Alfonsas Stonis statement 2022-06-27 Alfonsas Stonis statement 2023-04-26 Alfonsas Stonis further statement 2019-04-29 Juste Stoniene statement 2022-06-23 Juste Stoniene further statement 2023-03-20 Juste Stoniene Gratuitous past and future care 2023-04-20 Karin statement signed 2023-04-23 Vygandas Kasiulevicius statement 2023-04-21 Confirmation of work for SCIIL project. Karl Nallin 2023-04-16 Arunas Stonis assessment of 2014 Tasks and Contacts code Arunas Stonis CV	Statement of Alfonsas Stonis, dated 27 June 2022 Further statement of Alfonsas Stonis, dated 29 April 2023 Statement of Alfonsas Stonis, dated 29 April 2023 Statement of Juste Stoniene (wife), dated 23 June 2022 Statement of Juste Stoniene v 2 (wife), dated 23 June 2022 Statement of Juste Stoniene (wife), dated 20 March 2023 Statement of Karin Rosen (sub-renter), dated 20 April 2023 Statement of Vygandas Kasiulevicius (roommate/friend), dated 23 April 2023 Statement of Karl Nallin (colleague), dated 21 April 2023 An Estimate for Universal "Tasks and Contracts" Application, dated 16 April 2023 Curriculum Vitae of Arunas Stonis, undated
Original list of attachments in 2023-04-26 Alfonsas Stonis further statement
Income
Before injury
1. 2008-2010 income salary ATO - Axe group salary 2 years $168,714	Records of Australian Taxation Office, ITR and NOA years ended 2008 - 2011
2. Tax returns 2009/2010
3. Tax returns 2010/2011
4. Taxable income after deductions 2007/2008
5. Taxable income after deductions 2008/2009
6. Media super - Annual Super statemen	Superannuation Statement from Media Super, financial year ended 2019
7. Dr Alfonsas Stonis CV	Curriculum Vitae of Alfonsas Stonis, undated
8. 2003-01-17 PhD diploma translated	Doctorate in Engineering and Information Science "Portrayal of the Structures of Data" Certificate, dated 29 November 2002
9. Work summary	Alfonsas Stonis Work Summary, undated
10. Axe group Appendix of employment agreement	Appendix A, Axe Group (only appendix provided), undated
11. 2010-02-04 Email to Axe group after leaving Cleaning computer servers	Email Correspondence between Claimant and Axe Group Employee, dated as at 4 February 2010
12. Alfonsas Stonis invoice 2011-04-15	Invoice of work carried out totalling $1,871.80, dated 15 April 2011
13. Alfonsas Stonis invoice 2011-05	Invoice of work carried out totalling $4,328, dated 27 May 2011
14. 2011 Giusepe Invoices for spring of 2011	Email from Giuseppe at Mermec Group to Alfonsas, dated 30 January 2013
15. 2011 Petra Invoice for April and May 2011	Email from Petra at Mermec Group to Alfonsas, dated 27 August 2011
16. 2014 Task Contacts list of features	List of Features for Tasks and Contacts Application, undated
17. Contacts Tasks management application	An Estimate for Universal "Tasks and Contracts" Application, dated 16 April 2023
18. Meet-ups March 2015	March Go Meetup Past Event Details, dated 30 March 2015
19. Continuous Delivery Sydney March - Event Alfonsas attended	Continuous Delivery Sydney March Meetup Agenda, dated 25 March 2015
20. AppDynamics - March Madness - Event Alfonsas attended	Missing document
21. AppDynamics - March Go meetup - Event Alfonsas was going to when go to the accident	Meet-ups March 2015
22. Response from Masoah Zafis (attended AppDynamics event)	Linkedin Messages between Mosodah Zafis and Alfonsas, as at dated 24 April 2019
23. Message to Masoah Zafis (AppDynamics)
24. Head of Development Operations (Seek) - Similar job to the proposed one	Seek Salary Guides for Development, undated
25. Development Operations Engineer (Seek) - Similar job to the proposed one
26. Senior Software Engineer/Tech Lead Java (Seek) - Similar job to the proposed one
27. 2023 Salary Senior Java Developer in Sydney Australia Glassdoor - Average salary
28. 2023-03 Java Developer Salary in Australia SEEK - Average salary
29. MA000065_ Professional Employees Award 2020	Professional Employees Award 2020 Document, undated (4 pages are missing)
After injury
30. Description of the app project 2016	Missing document
31. 2016-11-16 App proposal	Missing document
32. Requirement Analysis for the App project	Missing document
33. Skype communication brother Arunas Stonis to discuss the progress	Missing document
34. Skype communication brother Arunas Stonis to discuss the progress - TRANSLATED	Missing document
35. 2016-11-30_emails from brother Arunas	Missing document
36. 2016-11-30_emails from brother Arunas TRANSLATED	Missing document
2017 2019 - Several Projects for Lithuanian community in Sydney
37. Free-content website for Lithuanian community in Australia lietuviai.org.au	Missing document
38. Application for Free-content website lietuviai.org.au 2017	Missing document
39. Application for Free-content website lietuviai.org.au 2017 - translated brief	Missing document
40. Letter to a friend to consult (2016)	Missing document
41. Letter to a friend to consult (2016) - translated	Missing document
42. Response to application from the Ministry (2017)	Missing document
43. Response to application from the Ministry (2017) (translated)	Missing document
44. Application for newspaper Mano Pastoge	Missing document
45. Application for newspaper Mano Pastoge - translated	Missing document
46. Response to application from the Ministry	Missing document
47.Response to application from the Ministry - translated	Missing document
48. Application 2019 – Project for Referendum and Elections	Missing document
49. Application 2019 – Project for Referendum and Elections - brief and translated	Missing document
50. The response to application for the project for election of 2019	Missing document
51.The response to application for the project for election of 2019 - translated	Missing document
52. Correspondence for a process of the supported Project - 2019 Election, agreement has been signed	Missing document
53. Correspondence for a process of the supported Project - 2019 Election, agreement has been signed - translated brief	Missing document
54. Petitions for election 2019 post in Sydney	Missing document
Tender to Sydney Trains 2019
55.2019 SydneyTrains	Missing document
Medical
56. 2015-11-02 Joyce Chiu Management Plan	Missing document
57. 2017 Eloisa Mulet Notes	Missing document
58. 2019-11-16 Stephen Sutton Report	Client History, Stephen Sutton - Registered Counselling Psychologist - 2018 to 2019
59. 2020-06-04 Traumatic Stress Clinic Report	Letter to Alfonsas, from Clinical Psychologist Registrar - Suzanna Azvedo, 4 June 2020
60. 2018-10-11 Dr Sikander Khan surgeon assessment	Report of Dr Sikander Khan, Surgeon, dated 12 October 2018
61. 2020-07-24 Anderson WPI assessment	Reports of Dr Peter Anderson, dated 24 July 2020 and 3 July 2020
62.2020-07-03 Anderson assessment
63. 2020-07-03 Anderson CV	CURRICULUM VITAE Dr Peter Anderson (included in one combined file, but not listed in the index)
64. Phoebe Ng. Western Sydney University - Appointment History	Letter from Phoebe Ng, Western Sydney University (final year psychotherapy and counselling student), dated 26 November 2021 (moved to the different location)
65. ACAP Psychology Clinic - Cover letter - Appointment History of Client# 2267	Missing document
66. ACAP Psychology Clinic - Appointment History of Client	Client Appointment History
67. Call history Lifeline	Call History Log with Lifeline Australia, dated as at 23 April 2023 (moved to the different location)
68. Call history Sane	Call Log with Sane (included in one combined file, but not listed in the index) (moved to the different location)
69. 2023-02-07 GP referral to psychiatrist	Records of Poets Corner Medical Centre, dated as at 7 February 2023
70. 2023-02-07 GP referral to Neurologist
71. 2021-03-11 Medicare History Declaration 2020	Medicare Notice of Charge, dated 19 July 2021
72.Treatment expenses. Out of pocket	Out of pocket treatment expenses
73. Aldi 2019-10-23 $19.99	Out of pocket treatment expenses with invoices attached, various dates
74. Alliance pharmacy 2020-05-07 $18.45_tablets
75. Chemist Warehouse 2016-12-02 $44.98_ 2018.10.20 $7.98 - 2 receipts
76. Chemist warehouse 2019-10-25 - $26.49
77. Chemist Warehouse 2020 03 18 $11.16_b12_Iron
78. Discount drug store 2021 10 01 $20.98_mirtanza
79. Fountain st chemist 2023 02 07 $15.99_allersoothe2
80. Gold Cross pharmacy 2017-12-07 - $15.99 $17.95
81. GP invoice 2015-05-18 - $37.95
82. John Craword 2016-04-12 - $390
83. John Craword 2016-06-14 - $140
84. John Craword 2016-12-05 - $530
85. John Craword 2016-12-13 - $200
86. John Craword 2018-01-23 - $450
87. Michael Urwand - 2015-04-17 $245 and 2016-09-15 $28
88. Paul Fang 2020-02-05 $150 Receipt
89. Peter Cox - 2015-05-27 - $320
90. Peter Cox - 2019-10-17 - $200
91. Peter Cox - 2019-10-29 - $200
92. Peter Cox 2019-11-5,27 $400
93. Peter Cox 2020-05-11 $200
94. Stephen Sutton 2019-06-13 $130, 2019-05-16 $130, 2019-06-03 $130
95. Stephen Sutton 2019-10-23 - $140
96. Stephen Sutton 2019-10-23 $140, 2019-10-28 $140, 2019-11-13 $130
97. Zalgirio klinika (dental, Lithuania) - 3.90+32.36+34.01+41.80+3.90+35.32 EUR
Impact of trauma
98. 2017-11-29 mail - Thanks for The Hollowman and Utopia	(moved to the medical history)
99. 2019-10-22 Typical day	Diary entries and short stories written by claimant, various dates
100. 2020-05-04 - 2023-04-20 Diary
101. 2020-05-06 Selling dumbbells	Selling dumbbells (included in one combined file, but not listed in the index)
102. 2021-08-04 List of problems	2021-08-04 List of problems by Alfonsas Stonis (included in one combined file, but not listed in the index)
103. 2021-08-04 Road traffic Injury: Short story	Diary entries and short stories written by claimant, various dates
104. 2023-03-01 Short info on impact of trauma and current functioning
Other
105. Alfonsas Passport 2018	Copy of claimant’s Lithuanian passport
106. Alfonsas Passport 2009	(included in one combined file, but not listed in the index)
107. Juste Stoniene Pasport 2013	Missing document
Sent to Livers on 2023-05-01
Attachments-40/2020-05-12 email Information on National Cannabinoid Clinic	Letter to Alfonsas, Information on National Cannabinoid Clinics, dated as at 12 May 2020
Attachments-40/2015-08-24 Juste IMMI Grant Notification	Notification of Provisional Partner Visa, Department of Immigration, dated 24 August 2015

Originals

Original list of attachments in 2023-04-26 Alfonsas Stonis further statement:

Income

Before injury

1 2008-2010 income salary ATO - Axe group salary 2 years $168,714

2 Tax returns 2009/2010

3 Tax returns 2010/2011

4 Taxable income after deductions 2007/2008

5 Taxable income after deductions 2008/2009

6 Media super - Annual Super statement

7 Dr Alfonsas Stonis CV

8 2003-01-17 PhD diploma translated

9 Work summary

10 Axe group Appendix of employment agreement

11 2010-02-04 Email to Axe group after leaving Cleaning computer servers

12 Alfonsas Stonis invoice 2011-04-15

13 Alfonsas Stonis invoice 2011-05

14 2011 Giusepe Invoices for spring of 2011

15 2011 Petra Invoice for April and May 2011

16 2014 Task Contacts list of features

17 Contacts Tasks management application

18 Meet-ups March 2015

19 Continuous Delivery Sydney March - Event Alfonsas attended

20 AppDynamics - March Madness - Event Alfonsas attended

21AppDynamics - March Go meetup - Event Alfonsas was going to when go to the accident

22 Response from Masoah Zafis (attended AppDynamics event)

23 Message to Masoah Zafis (AppDynamics)

24 Head of Development Operations (Seek) - Similar job to the proposed one

25 Development Operations Engineer (Seek) - Similar job to the proposed one

26 Senior Software Engineer/Tech Lead Java (Seek) - Similar job to the proposed one

27 2023 Salary Senior Java Developer in Sydney Australia Glassdoor - Average salary

28 2023-03 Java Developer Salary in Australia SEEK - Average salary

29 MA000065_ Professional Employees Award 2020

After injury

30 Description of the app project 2016

31 2016-11-16 App proposal

32 Requirement Analysis for the App project

33 Skype communication brother Arunas Stonis to discuss the progress

34 Skype communication brother Arunas Stonis to discuss the progress - TRANSLATED

35 2016-11-30_emails from brother Arunas

36 2016-11-30_emails from brother Arunas TRANSLATED

2017 2019 - Several Projects for Lithuanian community in Sydney

37 Free-content website for Lithuanian community in Australia lietuviai.org.au

38 Application for Free-content website lietuviai.org.au 2017

39 Application for Free-content website lietuviai.org.au 2017 - translated brief

40 Letter to a friend to consult (2016)

41 Letter to a friend to consult (2016) - translated

42 Response to application from the Ministry (2017)

43 Response to application from the Ministry (2017) (translated)

44 Application for newspaper Mano Pastoge

45 Application for newspaper Mano Pastoge - translated

46 Response to application from the Ministry

47 Response to application from the Ministry - translated

48 Application 2019 – Project for Referendum and Elections

49 Application 2019 – Project for Referendum and Elections - brief and translated

50 The response to application for the project for election of 2019

51 The response to application for the project for election of 2019 - translated

52 Correspondence for a process of the supported Project - 2019 Election, agreement has been signed

53 Correspondence for a process of the supported Project - 2019 Election, agreement has been signed - translated brief

54 Petitions for election 2019 post in Sydney

Tender to Sydney Trains 2019

55 2019 SydneyTrains

Medical

56 2015-11-02 Joyce Chiu Management Plan.pdf

57 2017 Eloisa Mulet Notes

58 2019-11-16 Stephen Sutton Report

59 2020-06-04 Traumatic Stress Clinic Report.pdf

60 2018-10-11 Dr Sikander Khan surgeon assessment

61 2020-07-24 Anderson WPI assessment

62 2020-07-03 Anderson assessment

63 2020-07-03 Anderson CV

64 Phoebe Ng. Western Sydney University - Appointment History

65 ACAP Psychology Clinic - Cover letter - Appointment History of Client# 2267

66 ACAP Psychology Clinic - Appointment History of Client

67 Call history Lifeline

68 Call history Sane

69 2023-02-07 GP referral to psychiatrist

70 2023-02-07 GP referral to Neurologist

71 2021-03-11 Medicare History Declaration 2020

72 Treatment expenses. Out of pocket

73 Aldi 2019-10-23 $19.99

74 Alliance pharmacy 2020-05-07 $18.45_tablets

75 Chemist Warehouse 2016-12-02 $44.98_ 2018.10.20 $7.98 - 2 receipts

76 Chemist warehouse 2019-10-25 - $26.49

77 Chemist Warehouse 2020 03 18 $11.16_b12_Iron

78 Discount drug store 2021 10 01 $20.98_mirtanza

79 Fountain st chemist 2023 02 07 $15.99_allersoothe2

80 Gold Cross pharmacy 2017-12-07 - $15.99 $17.95

81 GP invoice 2015-05-18 - $37.95

82 John Craword 2016-04-12 - $390

83 John Craword 2016-06-14 - $140

84 John Craword 2016-12-05 - $530

85 John Craword 2016-12-13 - $200

86 John Craword 2018-01-23 - $450

87 Michael Urwand - 2015-04-17 $245 and 2016-09-15 $28

88 Paul Fang 2020-02-05 $150 Receipt

89 Peter Cox - 2015-05-27 - $320

90 Peter Cox - 2019-10-17 - $200

91 Peter Cox - 2019-10-29 - $200

92 Peter Cox 2019-11-5,27 $400

93 Peter Cox 2020-05-11 $200

94 Stephen Sutton 2019-06-13 $130, 2019-05-16 $130, 2019-06-03 $130

95 Stephen Sutton 2019-10-23 - $140

96 Stephen Sutton 2019-10-23 $140, 2019-10-28 $140, 2019-11-13 $130

97 Zalgirio klinika (dental, Lithuania) - 3.90+32.36+34.01+41.80+3.90+35.32 EUR

Impact of trauma

98 2017-11-29 mail - Thanks for The Hollowman and Utopia

99 2019-10-22 Typical day

100 2020-05-04 - 2023-04-20 Diary

101 2020-05-06 Selling dumbbells

102 2021-08-04 List of problems

103 2021-08-04 Road traffic Injury: Short story

104 2023-03-01 Short info on impact of trauma and current functioning

Other

105 Alfonsas Passport 2018

106 Alfonsas Passport 2009

107 Juste Stoniene Pasport 2013 [1]

Livers version

One combined file has index provided below.

Index

Section A: Submission Attachments

1 Claimant's Submissions and Schedule of Damages, undated pages 1 - 14

2 Statement of Karin Rosen (sub-renter), dated 20 April 2023 page 15

3 Statement of Karl Nallin (colleague), dated 21 April 2023 page 16

4 Statement of Vygandas Kasiulevicius (roommate/friend), dated 23 April 2023 page 17

5 An Estimate for Universal "Tasks and Contracts" Application, dated 16 April 2023 pages 18 - 19

6 Curriculum Vitae of Arunas Stonis, undated pages 20 - 23

7 Statement of Alfonsas Stonis, dated 29 April 2023 pages 24 - 32

8 Statement of Juste Sotniene (wife), dated 20 March 2023 pages 33 - 36

9 Statement of Juste Stoniene (wife), dated 23 June 2022 pages 37 - 40

10 Statement of Juste Stoniene v 2 (wife), dated 23 June 2022 pages 41 - 44

11 Statement of Alfonsas Stonis, dated 27 June 2022 pages 45 - 49

Section B: Statement of Alfonsas Stonis, dated 29 April 2023 - with appendix items

1 Further statement of Alfonsas Stonis, dated 29 April 2023 pages 50 - 65

2 Records of Australian Taxation Office, ITR and NOA years ended 2008 - 2011 pages 66 - 77

3 Curriculum Vitae of Alfonsas Stonis, undated pages 78 - 80

4 Superannuation Statement from Media Super, financial year ended 2019 pages 81 - 93

5 Doctorate in Engineering and Information Science "Portrayal of the Structures of Data" Certificate, dated pages 29 November 2002 pages 94 - 97

6 Appendix A, Axe Group (only appendix provided), undated page 98

7 Alfonsas Stonis Work Summary, undated pages 99 - 114

8 Email Correspondence between Claimant and Axe Group Employee, dated as at 4 February 2010 pages 115 - 117

9 Invoice of work carried out totalling $4,328, dated 27 May 2011 page 118

10 Invoice of work carried out totalling $1,871.80, dated 15 April 2011 page 119

11 Email from Giuseppe at Mermec Group to Alfonsas, dated 30 January 2013 page 120

12 Email from Petra at Mermec Group to Alfonsas, dated 27 August 2011 page 121

13 List of Features for Tasks and Contacts Application, undated page 122 - 128

14 Continuous Delivery Sydney March Meetup Agenda, dated 25 March 2015 page 129 - 133

15 March Go Meetup Past Event Details, dated 30 March 2015 page 134 - 138

16 Linkedin Messages between Mosodah Zafis and Alfonsas, as at dated 24 April 2019 pages 139 - 140

17 Seek Salary Guides for Development, undated pages 141 - 160

18 Professional Employees Award 2020 Document, undated pages 161 - 180

19 Client History, Stephen Sutton - Registered Counselling Psychologist - 2018 to 2019 pages 181 - 186

20 Letter to Alfonsas, from Clinical Psychologist Registrar - Suzanna Azvedo, 4 June 2020 pages 187 - 188

21 Report of Dr Sikander Khan, Surgeon, dated 12 October 2018 pages 189 - 200

22 Letter from Phoebe Ng, Western Sydney University (final year psychotherapy and counselling student), dated 26 November 2021 page 201

23 Reports of Dr Peter Anderson, dated 24 July 2020 and 3 July 2020 pages 202 - 220

24 Client Appointment History, Student Counselling Centre, from 1 January 2021 to 31 December 2022 page 221

25 Records of Poets Corner Medical Centre, dated as at 7 February 2023 pages 222 - 225

26 Call History Log with Lifeline Australia, dated as at 23 April 2023 pages 226 - 233

27 Medicare Notice of Charge, dated 19 July 2021 pages 234 - 240

28 Email from Alfonsas to Working Dog Productions, dated 30 November 2017 page 241

29 Out of pocket treatment expenses with invoices attached, various dates pages 242 - 267

30 Diary entries and short stories written by claimant, various dates pages 268 - 298

31 Letter to Alfonsas, Information on National Cannabinoid Clinics, dated as at 12 May 2020 pages 299 - 300

32 Notification of Provisional Partner Visa, Department of Immigration, dated 24 August 2015 pages 301 - 306

33 Copy of claimant's Lithuanian passport, dated 16 November 2018 pages 307 - 333

What is wrong

There is new index created that is wrong in several ways:
1. 3 wrong dates of the statements in the index of final PIC submission:
  1. Statement of Juste Stoniene (wife), dated 23 June 2022 instead of dated 29 April 2019.
  2. Statement of Alfonsas Stonis, dated 29 April 2023 instead of dated 29 April 2019.
  3. Further statement of Alfonsas Stonis, dated 29 April 2023 instead of dated 26 April 2023.
2. The attachment list of 107 items replaced with shorter list of 33 items skipping important parts especially related to professional work. There are documents missing that provide evidence of employment activity and attempts to work before and after the injury, as well as medical records.

31 of provided documents were missing from the final PIC submission:
1. AppDynamics - March Madness - Event Alfonsas attended
2. Description of the app project 2016
3. 2016-11-16 App proposal
4. Requirement Analysis for the App project
5. Skype communication brother Arunas Stonis to discuss the progress (2 documents: in lithuanian and translated to english)
6. 2016-11-30_emails from brother Arunas (2 documents: in lithuanian and translated to english)
7. Free-content website for Lithuanian community in Australia lietuviai.org.au
8. Application for free-content website lietuviai.org.au 2017 (2 documents: in lithuanian and translated to english)
9. Letter to a friend to consult (2016) (2 documents: in lithuanian and translated to english)
10. Response to application from the Ministry (2017) (2 documents: in lithuanian and translated to english)
11. Application for newspaper Mano Pastoge (2 documents: in lithuanian and translated to english)
12. Response to application from the Ministry (2 documents: in lithuanian and translated to english)
13. Application 2019 – Project for Referendum and Elections (2 documents: in lithuanian and translated to english)
14. The response to application for the project for election of 2019 (2 documents: in lithuanian and translated to english)
15. Correspondence for a process of the supported Project - 2019 Election, agreement has been signed (2 documents: in lithuanian and translated to english)
16. Petitions for election 2019 post in Sydney
17. Tender for Sydney Trains 2019
18. 2015-11-02 Joyce Chiu Management Plan
19. 2017 Eloisa Mulet Notes
20. ACAP Psychology Clinic - Cover letter - Appointment History of Client# 2267
21. Juste Stoniene Pasport 2013

4 documents are missing important pages:

In the document titled “Further Statement of Alfonsas Stonis, dated 29 April 2023” in the final PIC submission, 4 pages are missing - specifically, the list of appendix containing important documents. These attachments included evidence of my income before and after the injury, records of my attempts to secure employment post injury, relevant medical documentation, treatment expenses and the impact of the trauma.
In the chapter titled “Records of the Australian Taxation Office, ITR and NOA for the years ended 2008–2011,” in the final PIC submission, the document “2010–11 Individual” is missing 2 pages. This full document is intended to demonstrate that I was working and earning income through my own private business.
In the document titled “Professional Employees Award 2020 Document, undated,” in the final PIC submission, 4 pages are missing. The document contains information regarding minimum annual wages and minimum hourly rates payable to information technology employees based on classification levels. However, the descriptions of those classification levels are contained within the missing pages. As a result, my classification level could not be determined and my annual wage or minimum hourly rate could not be calculated.
In the titled document “Client History, Stephen Sutton - Registered Counselling Psychologist - 2018 to 2019” in the final PIC submission, 6 pages are missing. These pages contain information about my condition and my treatment history prior to the injury and psychologist’s insights regarding the impact of PTSD.

manually changes of dates in 2 documents:

In the statement titled “Statement of Juste Stoniene (wife), dated 23 June 2022” in the final PIC submission at the end of the document the date from 29 April 2019 is manually changed to the date 23.6.2022.
In the statement titled “Further statement of Alfonsas Stonis, dated 29 April 2023” the date 2023-04-26 of the statement is manually changed to the date 2023-04-29.

8 attachments are not clear or hard to read due to careless scanning

Impact

Wrong records in Assesment Conference Report Certificate of Determination about my employment and efforts to find the job (pages 3-4, items 8-19).

Withheld information about barrister representation

I asked Livers about barrister representation and fees when I met Livers first time. Livers told me that he will not charge more for his service than I will receive for his part from the PIC but barrister might be different. He told me that he works with one barrister who most likely will accept these conditions, but he can not guaranty. He told me that he will contact barrister and provide me with more information when preparing for hearing (PIC Assessment Conference).

UPDATE: description, evidence first meetings maybe I asked about it again in emails at the beginning, question from PIC close to tribunal

2023-06-22 PIC message: The Commission requests details of all participants for the upcoming assessment conference.; Both parties provide names, emails, and contact details for attendees including lawyers and representatives.; link: message #17

2023-06-22 PIC message: Dominic John from PIC asked: The claim legal rep needs to clarify the roles of the attendees, except for the claimant. Is there another lawyer to be in attendance? Is there Counsel attending? ...; Livers provides participant details, but further clarification is requested to properly identify roles.; link : message #18

Impact

UPDATE:

Not provided information about objection by QBE of non-economic and treatment expenses

Update: add reference to award with none of out of pocket expenses covered and most of Medicare expenses denied.

Ceballos statements in documents submitted on 2023-06-13 contain lots of lies and misleading information. Livers was aware of it, but did not inform me about this document and therefore I had no chance to expose these lies. As a result it severely damaged my claim.

In particular these lies were left not exposed:

Item 2.b. Ceballos statement "There are elements of exaggeration and secondary gain as noted by Dr Vanitha Moodley, clinical psychologist" has 3 incorrect parts.
1. It relies on deeply fraudulent report as described in section #Did not dispute lies by Moodley. The report is based of lies as if my girlfriend was making me meals while living in different continent and similar ones. The report was looked at by medical assessors and was rejected even without any information being provided about the absurd lies as these were too obvious to anyone reading it. Mr Livers was aware of it and inclusion of the lies in this report would been objected if not Mr Livers actions to deny information that this report is being used here.
2. Ceballos exaggerate qualifications of Ms Moodley - she does not have doctors degree as stated by information provided in her report.
3. Ceballos exaggerate qualifications of Ms Moodley - she does not have clinical psychologist qualification as stated by information provided in her report.
Item 2.c. Ceballos statement "The claimant has not provided any evidence to challenge the objective tests performed by Dr Moodley in relation to the psychological injury" has 4 incorrect parts:
1. The report is fraudulent as mentioned above. Moodley misinterpreted the test results by providing false information. Insurance does not provide any evidence, these test results provided by Moodley have no value in a face of the court.
2. The statement in contradictory. The information and listed errors about Moodley report were submitted to PIC. Livers submission of errors in Moodley report
3. The Moodley report was reviewed by an independent assessment and it was rejected. Livers did not inform me about this document, so I was unable to dispute fraudulent Moodley statements used against my claim.
4. As mentioned above Moodley does not have doctor degree.
Item 2.d. Ceballos stated "There is an expectation that the psychological injury will resolve in time and with the appropriate medical treatment". This is incorrect. In the document sent by Ceballos itself - "Review of medical assessment certificate of determination", in page 25, paragraph "Permanency of impairment", item 101 is written that "Mr Stonis's psychiatric impairment is permanent, as his symptoms are chronic and pervasive in nature. It is unlikely that his impairment will change by more than 3% with or without further medical treatment." In the same document, pages 27–28, under the section “Adaptation,” it is stated that: "There is evidence of severe impairment. It is unlikely that Mr Stonis would be able to perform more than a few hours of work per week. Given his significant depressive symptoms causing significant concentration and memory problems, as well as lack of energy and motivation." Review of medical assessment certificate of determination Ceballos submission of Review of medical assessment certificate of determination to PIC
Item 2.e. There are 3 incorrect statements about work experience:
1. (i) Ceballos stated that "The claimant obtained a position with the Lithuanian Community in Australia in November or December 2016 for a period of 5 months". In the statement dated 29 April 2019, items 61 and 62 state that Dr Stonis was not able to get employment or work on his previous project. He attempted to undertake volunteer work within the Lithuanian community in Sydney and sought funding opportunities; however, these attempts were unsuccessful. 2019-04-29 Statement
2. (ii) Ceballos stated that "He obtained a position in Sweden in 2016, working for a period of 6 weeks". The actual truth from the statement dated 29 April 2019 is "“I had a similar demoralising experience back in 2016 in relation to a small job for a Swedish firm which my brother put me in touch with. That is something that should have taken a week or even less and which I was unable to complete within 6 weeks.” 2019-04-29 Statement
3. (iii) Ceballos stated that "He was working with the Lithuanian Community in Australia at the time of the medical examination with Dr John Roberts on 4 February 2019, working 35 hours per week." In Dr John Albert Roberts assessment report, page 2, it is written "When questioned in this regard Mr Stonis stated that he was not at work; …, he did not consider that his ability in this regard had improved to the extent that he was capable of returning to work." "Mr Stonis commented on experiencing stress difficulties that he tends to panic; that he wants to return to work so he can earn money." At that time, Dr Stonis tried to work on urgent tasks to set up a website for petitions. The site was simple, and he put a lot of effort into it, but achieved no results.2019-02-04 Dr. John Albert Roberts assessment
Item 2.f. Ceballos relied on Moodley’s conclusions, which were incorrect and unreliable. There was inconsistency in her statements, and some claims could not be possible —for example, the statement that the wife was making meals while being in another continent. This and other inaccuracies in the report resulted in at least 146 factually incorrect statements being identified. The Moodley report’s statements were contrary to, or did not align with, other medical specialists' statements (Joyce Chiu, Eloisa Mulet, Stephan Sutton, Sikander Khan, Peter Anderson, Phoebe Ng, Susana Tjandra, Dr. John Albert Roberts, Dr Wayne Mason and PIC Panel).
Item 3 stated "Taking into consideration the above factors, the insurer allows $100,000 for non-economic loss." Mr Stonis was not aware of $100,000100 offer from insurance. Preivious offer was $200,000 for non-economic loss. 2022-10-19 QBE Insurance offer
Item 4 stated "The insurer has made Section 83 payments in the sum of $37.05." Ceballos did not provide any evidence of the payments. Early in the proceedings, QBE requested copies of my medical records. As this was not part of treatment, my GP refused to bill under Medicare and instead requested that the insurer cover the cost. Invoice Motor Accidents Compensation Act 1999 No 41
Item 6. Ceballos disputed to cover medical services for $5353.50. That was without basis, because:
1. Information about those services was included in insurance documents.
2. If there was a need for additional documents, it could be provided.
3. It was the duty of Livers to collect these additional documents or, at a least, inform Dr Stonis that they would be required.
4. Later on Dr Stonis provided a list with clarifications stating that those documents were included in the claimant’s bundle of documents. Clarification about items listed in QBE dispute for medicare costs
Item 7. Ceballos disputed all out of pocket medical expenses reaching "$4,133.51 plus items not clear". That was without basis, because Ceballos, in his own submissions, used the same reports from the same medical specialists as part of the treatment for health problems resulting from the motor vehicle injury. That was included in the bundle on documents provided for the insurance: A4, A7, A8. Besides, Ceballos’ calculation of out-of-pocket expenses ($4,133.51) does not correspond with the expenses calculated by Mr Stonis ($5,023.90, or $3,921.80 after the Medicare rebate). Clinical Notes of S. Sutton, Clinical Notes of Poets Corner Medical Centre 1, Clinical Notes of Poets Corner Medical Centre 2 List of out-of-pocket expenses provided by Dr Stonis
Item 8. As previously noted the following items were incorrectly stated by Ceballos, however, by Livers negligence it was not disputed.
1. (a) The insurer allowed the $37.05 payment which was not a part of the treatment.
2. (a) The real ammount of expenses supposed to be $11,245.85 as mentioned in Medicare Statement. It would be even higher, but Livers did not require that Medicare would update the statement.Medicare notice of past benefits.
3. (a) The amount $3,921.80 is actually out-of-pocket treatment and related to the injury; therefore, the incorrect statements should have been contested. The amount $4,133.51 was mentioned incorrectly.
Item 9. If all the errors had been corrected, the amount of $15,167.65 should have been covered.

Livers told that medical expenses has to be a part of statement only at the very last minute when statement already had to be sent to PIC. Previous lawyers kept it separate, so it was very unexpected. Livers did not informed that QBE disputed medical expenses. During AC Livers misinformed that this is only about medicare expense. After AC Livers have not replied what information is needed for medical expenses and refused to provide any advice or examples. This was in star contrast to his claims that he has been doing PI claims for many years as a main part of his job. As a result:

No out of pocket treatment expenses have been compensated
Future medical expenses have been significantly reduced.

2024-06-13: Ceballos uploaded dispute of medical expenses. There was no response from Livers.; File: 2023-06-13 PIC message - part 10 - Ceballos dispute medical expenses; File: 2023-06-13 Insurer's submissions addressing the claim for non-economic loss and past treatment expenses

UPDATE: was there anything else about it in emails from Livers or PIC messages?

Impact

I was not informed about QBE objections
QBE arguments have not been analysed
Strange statements by Macken
Non-economic payout reduced
Treatment expenses not covered

UPDATE: more details

Not provided information about legal costs objection by QBE

Update: description, evidence, cost Withheld request from PIC about position on legal costs, Livers did not inform me that insurance is disputing claim costs.

2023-06-26 PIC message - part 20

The insurer submits its position regarding regulated legal costs.
The Commission confirms receipt and forwards the document to the Member.

link: 2023-06-26 PIC message - part 20

UPDATE: get file 4.pdf from PIC, was there anything else about it in emails from Livers or PIC messages?

Impact

Some lawyers fees not covered
Some legal reports not covered

UPDATE: more details

Refused to provide table of Damages and Costs Calculation

PIC determination mentions the attached sheet that provides information how damages and costs were calculated. This would allow me to check correctness of calculations and latter on calculate regulated cost that are meant to be shared by my lawyers. Livers did not provide me this information. I asked Livers multiple times to provide it, but Livers refused to do so. At the end I got this file from PIC.

Timeline

2023-06-26: I sent Livers information about Dr Peter Anderson medical legal assessment fees.; File: ["2023-06-26 email to Livers - solicitors file.pdf]"
2023-06-28: PIC assessment conference.
2023-07-09: I sent to Livers the bank transaction records of payment to Dr Peter Anderson.; File: ["2023-07-09 email to Livers - Medical assessment by Dr Peter Anderson expenses.pdf"]
2023-07-11: I sent to Livers the receipts from Dr Peter Anderson.; File: ["2023-07-11 email to Livers - Fwd_ Dr Peter Anderson.pdf"]
2023-07-20: Livers forwarded PIC determination.; It has reference to attached sheet for calculation of costs: 64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30." I have not noticed that some information is missing.; Files: "2023-07-20 PIC determination.pdf", ["2023-07-20 email from Livers - FW Attached Imaged - PIC determination.pdf"]
2023-07-26: PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC.; File: "2023-07-26 PIC message - Stonis part 23.pdf"
2023-07-31: Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me.; [File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf"]
2023-08-04: I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked how PIC member come to legal costs sum.; File: ["2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf"]
DUPLICATED 2023-08-22 - 24: I asked for the legal fees calculation sheet mentioned in PIC determination. Livers did not replied, so I sent a reminder. Livers replied that I have to decide myself who and how much I contributed to my claim.; File: ["2023-08-24 email to from Livers - RE Legal costs awarded by tribunual.pdf"]
DUPLICATED 2023-10-20: I again requested a legal fees calculation sheet mentioned in the PIC determination. Instead, Livers sent me an insurer's position on regulated fees.; Files: ["2023-10-20 email to Livers - Legal expenses determent by PIC.pdf"], ["2023-10-20 email from Livers - FW Attached Image - insurance position on regulated cost.pdf"], "2023-10-20 Insurer position on schedule of regulated costs.pdf"
DUPLICATED 2023-12-19: I got an email form Livers informing that he has received the money from QBE. He also included an estimate of his fees. Livers claims fees for all work preparing my claim with exception of the work that was clearly done before his involvement.; Files: ["2023-12-19 email from Livers - FW Message from KM_C258 - estimate of fees.pdf"], ["2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf"]
DUPLICATED 2023-12-20: Livers sent me forms for Medicare recovery. I asked to send the remaining money to may account without waiting for reply from Medicare. Livers asked do I agree with his cost estimate. I replied that it is too early as not all work is completed yet. I have filled them in sent back.; File: ["2023-12-20 emails from to Livers - Re FW Message from KM_C258 - Medicare Recovery forms.pdf"]
DUPLICATED2023-12-30: I wrote again to Livers highlighting that three should be legal fees calculation sheet and that he provided insurer's position on it.; File: ["2023-12-30 email from to Livers - Re FW Message from KM_C258.pdf"]
DUPLICATED2024-01-08: Livers replied that there is no legal fees calculation sheet.; File: ["2024-01-08 email from Livers - er s stonas matter.pdf"]
DUPLICATED2024-01-08: I wrote to PIC requesting legal fees calculation sheet and got it.; Files: ["2024-01-09 email from PIC - APP-10268809 Alfonsas Stonis Reply to 8th January 2024 email.pdf"], "Stonis.Costs Calculator.version 1999.pdf"

Misconduct

Livers refused to provide spreadsheet of calculation of costs supplied by PIC despite being asked for it many times.

There are several times in emails where I ask directly for spreadsheet.
There were receipts sent to Livers in order to provide it to PIC but Livers did not forward it.
There is a message from PIC with to Livers with the spreadsheet but Livers did not forwarded it.
There is a message from PIC asking for claimants position or regulated fees but Livers did not forward it or replied to the question.
Instead Livers wrote that this spreadsheet does not exist.
There are several other emails about legal fees to Livers but Livers did not provided information he had: insurance objections to legal fees and costs calculation spreadsheet.

False promise to go to court

Update: description, evidence if can be found

Livers was telling me all the time that I should not be worrying and spending so much effort on PIC assessment as we he strongly recommends going to court after assessment. However, after assessment suddenly after I got terrible result and asked OK, lets go to court.

Exaggerated fees

DUPLICATED Liver sent me an email on 2019-12-19 with the estimate of his costs. I disagree with this estimate, as it assumes that nearly all work in preparing my claim was undertaken by him, aside from the medical dispute. In reality, he carried out little to no substantive work. I effectively managed all aspects of the matter on my own, with support only from advice provided by other solicitors. He did show up at PIC assessment conference and completely misrepresented me. My claim would be much better if there was no involvement from Livers at all. He actually did a lot of harm by withholding important information from me and providing false information to PIC. About some of his misconduct I have learned only recently, and I am still collecting information. Livers request for paying is premature as some of the work related to my claim is not complete: for example, Medicare is holding 10% of my compensation claim. This is because some forms have not been completed onetime. I suspect that Lives miscount caused further financial loss that will become apparent after finalizing Medicare Compensation Recovery.

If I understand correctly OLSC can consider complaint about solicitor's fees only within 60 days after request for payment has been made. I do not think this is request for payment as it is too early to pay. I think first we need to complete work related to my claim and then we can estimate and negotiate his fees. However, to be on the safe side I will submit complaint to OLSC about Peter Livers exaggerated fees and then submit another complaint about his misconduct when I have all the required information.

Took no action to prevent delay caused by false statement by Moya that her fees have been accepted

On 2023-08-30, Ceballos informed that the insurer was able to release the award to Livers’ trust account, and LawPartners gave consent on the same day. There were delays caused by Moya de Luca-Leonard. Livers was aware of this from the beginning but took no action. The issue was only resolved after I stopped relying on Livers’ assurances and addressed it myself. This delay of almost 4 months has costed me interest of $5,714.24.

Timeline

2023-12-19: Peter Livers confirms that the money was received into the trust account.; File: 2023-12-19 email from Livers - FW Message from KM_C258 - money received.pdf
2023-12-07: Moya de Luca-Leonard agrees to the proposed arrangement regarding the distribution of the funds.; File: 2023-12-07 email from Moya - RE Alfonsas Stonis - without prejudice.pdf
2023-10-24: I emailed Moya de Luca-Leonard regarding a costs negotiation, in which I dispute the solicitor’s bill and seek to settle for a lower amount before the settlement funds are distributed.; File: 2023-10-24 email to Moya - Moya de Luca-Leonard legal fees for my personal injury claim.pdf
2023-10-19 - 2023-10-23: Emails between Moya de Luca-Leonard and Peter Livers show a dispute regarding the release of funds, with Moya de Luca-Leonard urging settlement of her costs.; File:2023-10-19 emails Moya Peter - Moya demands full pay implying that it was accepted.pdf
2023-08-31: Moya de Luca-Leonard states that his fees have already been agreed and requests immediate payment.; File: 2023-08-31 email from Moya to Livers Moya stating that her fees were accepted.pdf
2023-08-30 - 2023-11-17: Emails between Law Partners and Peter Livers confirming their agreement for the money to be transferred to the trust fund and kept there until agreed or assessed.; File: 2023-11-17 emails Law Partner with Peter Livers - agreeing for money to be transferred to trust fund and kept there till agreed or assessed.pdf
2023-01-24: A tripartite deed was signed between me, Peter Livers and Moya de Luca-Leonard.; File: 2023-01-24 triparted deed signed.pdf

Solicitor Moya de Luca-Leonard represented me in my personal injury claim from June 2020 to November 2022. Although she promised extensive support, the main outcome achieved during her representation was recognition of my PTSD through a further medical assessment application. Despite this limited work, she charged substantial legal fees and later resigned from my case before it was completed.

Over time, I became increasingly concerned about her conduct. I believe she misinformed me about legal procedures, failed to challenge incorrect and misleading statements made by QBE solicitor Timothy Ceballos and psychologist Vanitha Moodley, and ignored my repeated requests to expose those inaccuracies before the Personal Injury Commission (PIC). I believe this significantly damaged my claim, particularly my ability to seek compensation for past and future loss of income.

After Moya de Luca-Leonard resigned from my case, I engaged a new solicitor, Peter Livers. I believed that her resignation meant she should not automatically retain her full fees, and I had already expressed dissatisfaction with her billing, including after receiving her first invoice.

To manage the dispute over costs, I was advised by another solicitor that I may still be liable for some fees. As a result, 2023-01-24 a tripartite deed was signed between me, the new solicitor, and the intention to involve the former practitioner. The agreement provided that I may be liable for the former solicitor’s costs and that any payment would be either agreed or assessed, with funds to be held appropriately until resolution.

Despite this arrangement, I later discovered that Moya contacted QBE’s solicitor, Timothy Ceballos, requesting that her fees be paid directly to her, and Ceballos indicated willingness to do so, effectively delaying the compensation payout. On 2023-08-31 she also informed my new solicitor that her fees had been agreed, which was not correct and was not accepted by him.

Later, 2023-10-19, she further asserted to QBE that her fees had been accepted and requested that compensation funds be withheld pending payment of her costs, which conflicted with the agreed process of assessment or agreement through the proper channels.

On 2023-10-24 I responded by offering to settle her reasonable legal fees, but did not receive a reply.

Bad advice that there is no need for Occupational Therapist report

Livers did not advise that a new Medicare statement was required

Negligent management of the claim

There were actions or lack of actions by Livers that perfectly fits corruption scheme, but could be explained by very high level of negligence, if not the other actions that can be explain only by corruption.

Delaying getting file from Moya de Luca-Leonard

2023-01-24: Signed authority to get file from Leonard, tri-parted agreement to get file from Leonard and agreement for Livers to represent me. Livers told me that he will get files from Leonard and then having all information come back to me.
2023-01-27: I enquired Livers did he got the file. PIC was wrongly informed by Ceballos that another lawyer is representing me.; File: 2023-01-27 email to Livers - I got a message from QBE on PIC portal.pdf
2023-01-30: Livers forwarded me email from Leonard that she believes that I should accept her fees and that I indicated so. Leonard also wrote that she is getting file ready. I replied that it is not true. That because Leonard has resigned, that she gives up her fees. I wrote to Livers the reasons why I am not satisfied with Leonard work and her fees.; File: 2023-01-30 email from Livers - FW: Attached Image.pdf, 2023-01-30 3964_001 - email from Leonard.pdf
2023-01-31: I sent summary of my claim in case if it takes longer to get file from Leonard. During next few days I forward other information from PIC and providing information that the uncertainty is causing me a lot of stress. PIC made an appointment for assessment, and I was calling Livers urging that we need to take action. Livers maintained his view that we have plenty of time and he will be able to do everything on time once he gets file from Leonard.; Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf" (from above).
2023-02-07: I wrote follow up to Livers about getting file from Leonard. It seems he have not done anything since the last time. He contacted PIC for time extension.; Files: 2023-02-07 emails to from Livers - Getting files from Moya.pdf
2023-02-22: I called Livers a day before and I wrote ageing to Livers reminding about urgency to get file from Leonard.; File: 2023-02-22 email to Livers - If or when you get files from Moya please let me know and if you want to find how to use Google drive I would be glad to help.pdf.

Late to upload files for my claim

Other delays

2023-02-21 and 22: I sent 2 emails with my work summary and with 5 questions in it. Livers did not reply. I asked the same questions next time I met Livers, and it became clear to me that he have not read it.; File 2023-02-21 email to Livers - Work Summary.pdf

Impact of Livers actions

Impact on determination

Certificate of Determination has mane errors. "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf" list ?? errors. Most of these errors are caused by misrepresentation by Livers: Background section

Item 3. At Mr. Livers’ request, the claim for compensation for gratuitous care was removed and subsequently withdrawn. As a result, I did not receive any support for past or future gratuitous care, which had been calculated at approximately $75,000. As mentioned in "#Misrepresentation at assessment conference"
Item 6. The conclusions regarding the claimant’s credibility based on Ceballos statement and Moodley report were entirely incorrect. For example Moodley lied that my girlfriend provided domestic assistance while living in different continent. Mr. Livers did not dispute those conclusions and failed to provide reports from other doctors, which were stating that the claimant was "a reliable and accurate historian". As a result, it was suggested that the claims for treatment expenses and economic loss should be reduced to zero. As mentioned in "#Did not dispute lies by Moodley", "#Misrepresentation at assessment conference", "#Withheld information about barrister representation","#Not provided information about objection by QBE of non-economic and treatment expenses", "#WNot provided information about objection by QBE of non-economic and treatment expenses"
Item 7. Based on undisputed lies Tribunal Macken expressed reservations regarding my credibility, notwithstanding that all medical assessments consistently indicated high credibility of my statements. Mr Livers failed to dispute this point.
Item 8. There are several false statements in this item:
1. Incorrect statement dates provided. Incorrect dates were provided by Mr Livers regarding the statements submitted during the Assessment Conference - The claimant provided 3 statements in this matter dated 29 April 2019, 29 April 2023 and 22 June 2023. The correct dates of the statements supposed to be 29 April 2019, 27 June 2022 and 26 April 2023. As mentioned in "#Reading dates of statements incorrectly" As mentioned in "#Uploaded provided documents with significant modifications"
2. "These statements seek to provide his story, details of the accident and its sequelae and a detailed critique of the report of Dr V. Moodley dated 18 March 2020."The highlights of the false statements contained in the Moodley report were provided in a separate document, as mentioned in the section "#Did not dispute lies by Moodley". Mr Livers failed to do what he had promised, and as a result the false statements were not fully exposed. Livers did not mentioned any of this during assessment conference, as mentioned in "#Misrepresentation at assessment conference".
3. Moodley does not have Doctor degree, this information seems to be taken from submissions by Ceballos 2023-06-13, which I have not been informed about and which not have been disputed by Livers. Insurer's submission 2023-06-13
4. "In my view, the statement, particularly that dated 29 April 2019, seeks more to explain and support the basis of the submissions in this matter than they do to provide information. This is particularly so noting that, at the time of the accident, the claimant had not been gainfully employed for about 4 years. The statements he provides are quite imprecise. After his coming to Australia in 2007, he was employed by Axe Group Pty Ltd on a "Section 457 Visa" which required him to be employed. He remained in this employment until about 2011." These statements contained inaccurate information, including incorrect dates. Member Macken’s statements are imprecise and incorrect, reflecting the information provided by Ceballos. I stated that I worked for Axe group Pty Ltd till 2010 (consistently mentioned in several places: statement 2019-04-29; statement 2023-04-26 attachement "Work summary" in Appendix). However Macken repeated Ceballos lies and stated that I worked at Axe groupd Pty Ltd till 2011 and that seems to be based on Ceballos statements (Insurer's submissions, items 30-31). As mentioned in "#Did not dispute lies in Ceballos submissions". 2019-04-29 Stonis statement,2023-06-26 Stonis further statement. The outcome would have been very different if Livers exposed these lies as he promised and is required to do.
5. "He states somewhat inexactly, in about 2010 and 2011 he was advised of work been done by a German company, SCIIL AG, which was contracted to provide work to RailCorp." This statement is not coherent. In my statement 2019-04-29, item 21-22 I stated "In about 2010 or 2011, colleagues in Lithuania informed me of some work which was being done by a German company named SCIIL AG for RailCorp in NSW. I made enquiries and was able to obtain contract work both for SCIIL Group and also another Spanish company that was also doing RailCorp work. I managed to work there for a year or so on what were pilot projects being done in the hope of obtaining a major contract for RailCorp. Neither of those companies ever obtained a final contract, and the RailCorp work was ultimately limited to a period of about 12 to 18 months in the years 2010 through to 2011 or 2012." Macken’s statement is inconsistent as his previous false statement that I worked at Axe Group at the same time. The CEO of SCIIL was available on call to provide witness statement.
6. "Notwithstanding the assertions of the claimant in respect to his earnings, and he doesn't specifically state what his earnings were, his tax returns show that he was only earning about $500 per week for the financial year 2010 and 2011." Macken relied on incorrect calculations by Ceballos regarding my earnings, as mentioned in "#Not disputed lies". Instead of weekly earnings of $1,713.40, my income was stated as only $532.80. If Livers had disputed this, the impact of the economic loss would have been shown to be significantly greater.
Item 9. The statement "Thereafter there have been no other tax returns which identify any earnings filed." is incorrect. I provided documents showing my incomes, as mentioned in "#Not disputed lies."
Item 10. Tribular Macken stated: "The claim form, completed by the claimant, states that he was "a software developer" and he had before tax earnings of $2,800 per week and after tax earnings of $1,800 per week." In the Personal Injury Form I did not state that I was employed at the time of the accident. Instead, I ticked the option indicating that I was about to start the employment. This was be confirmed by Masodah Zafis, HR representative at AppDynamics, with whom I discussed an Engineer/Consultant position for their product. Work summary, Masodah Zafis response.
Items 11–12 are influenced by Ceballos’ submission, in which he stated:"There is no independent evidence to suggests that he was actively looking for work at the time of the motor vehicle accident". I informed Livers that there is evidence about my attempts to find work and provided a message from Masodah Zafis confirming it (as mentioned in "#Did not dispute lies in Ceballos submissions". Livers ignored it and did not dispute this statement. Therefore Macken, relying on unfounded false information, concluded that "He was not working at the time of the accident."

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