Is derek balogh the worst fake lawyer ever?

Apr 29, 2023 | Pseudolaw, Scammers

Derek Balogh is well known to be a fake lawyer and a scammer. He sells courses and seminars to vulnerable people who have found themselves in financial difficulty and cannot (or object to) paying fines, Council rates, mortgages etc. His “paperwork” is a mix of common law, pseudolaw, disrelated bogus lawsuits and biblical verses. His clientele is mainly antivaxxers and conspiracy theorists who received fines during COVID lockdowns or who lost their jobs due to vaccine mandates.

Where did Derek Balogh come from and what are his successes and failures as a fake Lawyer? Let’s look at some history.

Derek loses an election for Brimbank Council in 2005

The earliest public mention of Derek Balogh appears to be his election loss where he contested a council seat for the Grassland Ward in Brimbank.

Losing an election is no big deal, but contesting and taking it to court is. Derek disputed the validity of the result and then in 2007 took the Municipal Electoral Tribunal to court to review their decision to dismiss his application.

Derek wasn’t successful with the court document noting:

“Balogh ’s evidence in relation to verbal comments made on election day is inconclusive and unreliable.”

“As a matter of evidence, I find the statements provided by Balogh on this issue to be of limited weight and not at all persuasive of a breach of (s)55A.”

“Given my findings, it is unnecessary to deal at length with the relief sought by Balogh  – i.e. that the election result ought be set aside.”

“The application is therefore dismissed.”

i.e. DEREK BALOGH LOST IN COURT

Derek gets sued for costs

In 2007, The Victorian Electoral commission, which had to defend the application to overturn the election, subsequently sought costs.

“At the hearing, Mr Balogh had not produced any evidence that suggested voters had been misled “in the casting of their vote” as that term was carefully explained by the High Court. This Tribunal is of course bound by that Court authority, as the applicant is well aware or ought to have been aware. The applicant acknowledged he had had the benefit of legal advice on this issue.”

“The applicant, Derek Balogh, is ordered to pay a proportion of the party/party costs of the Victorian Electoral Commission of and incidental to this proceeding, such proportion of costs being fixed at $16,000.00”

“Although costs would ordinarily be payable within 30 days, given the time and the sum involved, I am prepared to allow 90 days for payment.”

i.e. DEREK LOST IN COURT. Perhaps it helps explain the next major life event for Derek.

Derek goes to jail in 2008 for contempt of court

It was reported in the Herald Sun that Derek Balogh was working as a mortgage consultant when he was sued by the Commonwealth Bank over a mortgage default. He was taken to court and was ordered to give up his house. He admitted that he had failed to respond to the Bank’s legal action and court orders and was subsequently jailed for 14 days.

He attributed the problems with the mortgage payments to a business associate and a former personal partner. “I was putting money into a joint account and believed the mortgage was being paid, but it wasn’t,”. This is hard to believe when the bank was reaching out to him through letters and presumably phone calls. A spokesman for the bank said that Derek had been given a substantial amount of time since 2006 to get his home loan back on track or leave the house.

He said that as an accredited mortgage consultant who had saved other people’s homes from repossession, he should have handled his affairs differently.

The saddest part of this whole thing was that Derek lost his mother to cancer while he was in jail. She died the day before he was released.

Derek gets involved in a dodgy United States property scheme

The next time we see Derek Balogh pop up is around 2013 where he is spruiking a course from “Income Education“ a.k.a “Buying Summit”, one of dozens of business names that came under the umbrella of the parent company Nudge LLC, a company registered in Utah USA.

Nudge was sued by the US Federal Trade Commission in 2019 for deceptive practices.

“From as early as 2012 and continuing through the present, the Defendants have misrepresented to consumers that they will be taught a proven formula on how to make substantial money from investing in real estate. Defendants entice consumers to enroll in a series of increasingly expensive training programs through false claims that: Defendants’ system will enable consumers to find properties at deeply-discounted prices; Defendants will make funding available to consumers so they do not have to put their own money down; and Defendants will show consumers how to gain access to individual investors who will purchase the properties from them.”

Whether Derek lost money in this scheme is unknown but considering 95% of all participants did, it is highly likely.

This hasn’t deterred Derek Balogh though as he is now offering his own “Property Seminar”.

A few years in the wilderness

From 2013 – 2018 not a lot is known about Derek Balogh’s adventures except for;

  • A submission he made in 2015 into a Draft Report into Local Government and Council Rate Capping where he said:

(Incidentally, the term ‘Local Government’ is completely ‘Invalid’, as it is NOT supported by the successful recognition of a National Referendum vote, as per the Constitution Act, 1901. Neither is the fact that a ‘Corporation’, of which Monash City Council is currently ‘Incorporated’ has any Authority to charge and increase taxes, without a mandate from the ratepayers? Perhaps this rather important legal issue should be considered in your further investigations and report to the Local Government Minister for submission to the Victorian Parliament as being ‘Unconstitutional’???)

  • Turning up in the Geelong Advertiser in 2016 with his buddy Gary Collis at the time of the upheaval of the Geelong City Council, representing himself as the National Federation of Independent Business.

“With the events of this week (the council being sacked) they may feel more confident to talk,” Mr Balogh said. “If we gather the stories and put them together we will be able to take the council to court because a lot of money will have been lost. We don’t deal with class actions because they don’t work, but what we know well is the ACCC and we know about remedy, and we will win.”

Derek Balogh saying that Class Actions don’t work is a bit ironic considering he recruits and takes money for his own class actions.

  • Ran for Monash City Council 2016

It appears that Derek Balogh took another run at a Council seat but this can’t be confirmed. He wrote this on his candidate survey:

I believe we must change local Councils back to ‘Community’ focused organisations, not continue the path of the ‘Corporation’. I am a member of a local group running on the policy of ‘Freezing Council Rates’, for Small Business, Families and Retirees, for the next term of Council. This is my first attempt to run for Monash City Council.

2018 – 2021

Derek Balogh appeared on various podcasts and Youtube/Rumble/Bitchute shows throughout 2018 – 2020, including with Mike Holt, Doris Osman and Max Igan. Many of those interviews are now deleted after a falling out between Derek and Mike. Others have had their websites and channels deleted or banned.

One call with Mike Holt in December 2019 revealed that Derek had been holding meetings in Melbourne with selected people but had been forced to stop them because he was being investigated for being a fake lawyer! Derek somehow got around that though and was back in business early 2020.

It’s unclear when Derek started his Zoom calls in earnest but the earliest announcement that can be found is August 2021. He might have been holding them earlier than that.

Derek Balogh appeared publicly on the steps of parliament during anti lockdown/anti mandate protests in November 2021, spruiking his paperwork and making outlandish claims.

2022 onward and the results of Derek’s magic paperwork

The start of 2022 brings us some results of Derek Balogh’s “help” for his clients in court. Derek has talked about being in court hundreds of times over the last 2-3 years. The following are just a few publicly available cases that have been found. There are apparently many, many unhappy clients that have come forward to other people in the pseudolegal space but are unwilling to be named publicly. Mike Holt has mentioned this as a reason to disassociate himself from Derek. Stephen Lymbery and Debbie Goudy have also publicly mentioned that Derek is either scamming people or is incompetent resulting in harm to their cohort.

March 2022: Maria Stogiannis v Pharmacy Board of Australia

This was a high profile case that made the media so no attempt will be made here to shield the name of the applicant.

Ms Stogiannis attended the hearing by telephone with Derek Balogh as her representative.

The arguments put forward by Derek were very familiar to anyone who keeps an eye on him and his “paperwork”.

Magic words like “1999 referendum”, “no jurisdiction”, “No oath of allegiance to the Queen”, “criminal conspiracy and treason against Dan Andrews”, “Election fraud”, “mRNA injections cause AIDS”, “Nuremberg”, “misprision of treason” all made an appearance throughout the hearing.

Some comments from the court document when addressing Derek’s magic paperwork:

“I agreed with the Board that the submission was fanciful and had no substance.”

“It appeared to me that Ms Stogiannis had fallen under the spell of a world view that is remote from reality and is entirely inconsistent with the standards of the pharmacy profession.

“They (the arguments presented in the submissions) were ill-conceived and/or irrelevant to the application for review and the application for a stay Ms Stogiannis had made.

The final result:

“I decided to refuse Ms Stogiannis’ application for a stay, largely because the public interest did not support her being allowed to return to practice. In my view, her theories regarding health measures directed at protecting Victorians from the COVID-19 pandemic might, at best, be described as misguided and, at worst, as dangerous nonsense.”

i.e. DEREK BALOGH LOST IN COURT

May 2022: Derek represents Dennis Jensen

Derek Balogh’s involvement in the representation of Dennis Jensen was largely hidden until the sentencing hearing when it was revealed that it was Derek who had prepared Jensen’s defence and left his name out of everything. It wasn’t until Spiros Kalotihos stepped in that Derek’s involvement was disclosed.

The result was a conviction recorded against Dennis Jensen with a 3 month suspended jail sentence.

i.e. DEREK BALOGH LOST IN COURT

Dennis Jensen outside the Victorian Supreme Court
Read the full story https://cookerwatch.com/dennis-jensen-derek-balogh-spiros-kalotihos/

September 2022: Applicant v Fair Work Commission

Derek Balogh’s client was applying for relief from an unfair dismissal. The application was made 36 days after the dismissal of the applicant took effect. Therefore the unfair dismissal application was made 15 days after the 21 day time limit stipulated by subsection 394 (2) (a) of the Act.

Derek provided both written and oral submissions during the Hearing. The written submissions referred to criminal charges and an amicable agreement to reveal treason (Dan Andrews). These submissions attached a document that was entitled:

“Expose the works of Darkness AMICABLE AGREEMENT Filed BETWEEN ALL COURT OFFICERS AND OTHERS IN THIS MATTER”

The further written submissions that were provided by Derek during the Hearing included the following extracts:

“I Will be seeking the names of all Attendees of this Fair Work Commission, today!

“That said, I will not commit any Crime in this hearing, today and the Fair Work Commission CANNOT MAKE ANY LAWFUL DETERMINATION than to ISSUE the document for my Compensation for the Question of Fact there is NO NATIONAL LAW to enforce or mandate a medical experiment against article 7, ICCPR, ratified by former Deputy President of FWA, Dean!”

Unsurprisingly the claim was unsuccessful despite Derek’s magic words, with the court noting:

“Overwhelmingly these unfair dismissal claims have been unsuccessful, and challenge to employer mandated COVID-19 policies and other measures have had only limited success in circumstances where relevant consultation requirements were not followed.”

i.e. DEREK BALOGH LOST IN COURT

Derek knew from this time on that only cases where “relevant consultation requirement were not followed” had any chance of success. That has not stopped him.

December 2022: Westpac Bank v Defendant

This case was a disaster. The defendant requested Derek Balogh to represent them as a “McKenzie friend”.

The request was refused because:

“Mr Balogh it seems is both a litigant and a form of unqualified advocate”.

“The defence contains two paragraphs. The first paragraph alleges that the solicitors for Westpac have been in possession of what is said to be criminal charges pending “against the Premier of Victoria concerning the 2002 federal election writ”. It also contends that they are in possession of similar documents concerning the Premier of New South Wales. Beyond that they are legally and grammatically nonsensical.”

It looks like the case against Dan Andrews and Quantum Grammar, even combined, did nothing to help this defendant. In effect it harmed the defendant because their entire defence was considered irrelevant whereas had they had effective councel the result may have been different.

“…somehow the Queen was unlawfully removed as head of state, which in turn affected the legality of the issuing of election writs for the 2022 federal election and apparently as well for the Victorian election. These propositions have been comprehensively rejected by the various courts that have considered similar arguments (See Re Culleton [2016] FCA 1193; McFarlane v McFarlane [2021] VSC 197).

No wonder Derek hates Rod Cullerton. His case works against Derek.

“Given the entirely specious nature of every aspect of that contention, I refused Mr Balogh leave to appear as a McKenzie friend….. Where the assistance is directed towards the propagation of baseless and specious legal propositions that will only serve to waste time and cause further expense, the Court will not allow that object to be achieved.”

“There is, as I have said, evidence of an opinion held that Ms Glynn has no defence.”

The defendant not only lost their property but had to pay costs on top.

i.e. DEREK BALOGH LOST IN COURT

December 2022: Applicant v Fair Work Commission

The applicant is a well-known client of Derek Balogh’s who attends just about every Zoom meeting. This client was convinced by Derek to file an application 200 days late after withdrawing an earlier application.

Applicant’s statement:  Greg Hunt announced in April 2021 that the world, including Australia, is taking part in the largest clinical trial. I stand under section 7 of the ICCPR which says “ …….no one shall be subjected without his free consent to medical or scientific experimentation”, so does The Charter of Human Rights & Responsibility Act 2006 Section 10.”

Sound familiar?

Throughout the proceedings it became apparent that Derek was unfamiliar with section 394(3) of the Fair Work Act and the criteria that the Fair Work Commission is required to consider when granting an extension of time. Similarly, it appeared that he did not understand other provisions of the Fair Work Act upon which he sought to rely in relation to the merit of the Application.

“Mr Balogh sought leave at the outset of the Hearing to file copies of what he described as two authorities. He was granted leave to do so. What Mr Balogh ultimately filed, after the Hearing was completed, was over 1000 pages of materials filed in matters in other matters/jurisdictions.”

Would that be that pesky Dan Andrews “treason” case?

i.e. DEREK BALOGH LOST IN COURT

This case was mentioned in a Twitter thread by Vaxatious Litigant. The whole thread is worth a read. It goes into a lot of detail not mentioned in this post.

Just this week Derek doubled down by assuring the applicant that they could reopen the case. This is totally false.

February 2023: Applicant v The Commissioner for Public Employment

In this case the applicant wanted to appeal their dismissal from employment in March 2022 due to their inability to perform the inherent requirements of their role by not receiving an approved COVID-19 vaccination in accordance with the applicable public health orders in force at that time.

Derek Balogh submitted that:

“the Applicant has a strong case based on the illegal actions of the Respondent by applying a State or Territory law against a federally registered corporation and that the Northern Territory Government did not have the protection of the Crown.”

Also:

“The US Supreme Court has ruled that all vaccinations should cease. The Supreme Court in New Zealand has overturned decision against the Police and Military. Famous world renowned Health Specialists are advocating daily about the severe risks associated with a trial vaccine. The evidence against these vaccines are coming out daily.”

The result as noted in the court document:

Not only “significant errors of fact” but the very dismissal of facts is a real concern.

Permission to appeal is refused.

i.e. DEREK BALOGH LOST IN COURT

March 2023: Applicant v Commissioner for Public Employment

The applicant attended the hearing via Microsoft Teams with Derek Balogh as her support person.

The applicant had earlier emailed her senior that “based my own personal medical history and that of my family I have serious concerns that these prescribed mRNA therapies would be harmful to my health. Consenting to these experimental therapies also goes against my moral and religious beliefs. If a traditional “vaccine” were to be made available in the future I would reconsider consenting to undergoing vaccination against COVID-19.”

Their unfair dismissal paperwork cited concerns about taking “experimental pharmaceutical product”; “experimental gene therapy” inability to sign paperwork consenting to vaccination because of the threat of losing her job; and religious beliefs preventing them from “accepting products made from the DNA of another human being (aborted foetus cell lines)”.

“The Applicant was not forced to receive experimental gene therapy and the implementation of the policy did not place them under duress or involve coercion. The Applicant exercised their right to choose whether to receive a vaccination and chose not to do so. The Applicant was entitled to their opinions about the efficacy and safety of COVID-19 vaccinations and within their rights to decline to become vaccinated, or to provide the Respondent with the information it requested – proof of vaccination or an exemption certificate as specified in the CHO Directions. The Applicant chose not to become vaccinated in circumstances where they could not provide the required exemption certificate. Although this was a difficult choice and resulted in the loss of the Applicant’s long-term employment, it was a choice nonetheless and resulted in their legal exclusion from the Respondent’s workplace. As the Respondent could not reasonably provide alternative working arrangements that would allow the Applicant to perform work, it had no option other than to dismiss them.

Having regard to s. 387 of the Fair Work Act, I consider that the applicant’s dismissal was not harsh, unjust or unreasonable, and that it was therefore not unfair.”

The application was dismissed.

i.e. DEREK BALOGH LOST IN COURT

In summary

For the past two decades Derek Balogh has excelled at little else other than losing elections and losing in court. It doesn’t matter how many times Derek says “we’ve got the paperwork” the result never changes. Derek will take your money, lie to your face and smirk while doing it.

Derek has been reported on multiple occasions to the Victorian Legal Services Board, The police, ScamWatch, the ACCC, ASIC, Crimestoppers etc. but nothing has been done.

How much longer can this conman go on charging money for legal advice that he is not allowed to give, but also when utilised, always results in a loss for the client and the increased likelihood of a worse situation for the client than before he meddled?

The clients Derek attracts are vulnerable and often desperate people who have bought into pseudolegal and/or conspiracy theories. They are generally loathe to look to mainstream or respected sources for the information, instead relying on social media or pockets of the internet that are filled with ideas and theories that already aligned with their own.

We can’t stop misinformation, but surely we can stop the predators that prey on the vulnerable and bilk them out of money they can usually not afford to lose.

*This article will be updated as further court cases are made public*

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