Menu
Cuzz Media

Cuzz Media

Cuzz Media is part of the...

NAB VICTIM

NAB VICTIM

In late 2008 we became vi...

Banking In Australia Today

Banking In Australia Today

View Banking in Australia...

Prev Next

Members Login

Get Connected!

  • Connect and expand your network
  • View profiles and add new friends
  • Share your photos and videos
  • Create your own group or join others

Groups

No Groups added.

Photos

No public photos available.

Videos

No public videos available.

Recent activities

  • Larry Pickering

    Four-time Walkley Award winning political commentator and Churchill Fellow, has returned to the fray over concern that the integrity of news dissemination is continually being threatened by a partisan media.

    BLOG / FACEBOOK
    Mon 20 Mar 2017 12:12:03 pm/415 COMMENTS

    Labor’s vilification of RC Commissioner Dyson Heydon, when hearing evidence from Shorten and ex PM Gillard, turned out to be yet another of Shorten’s misguided missiles because Heydon let the criminality of both slide through to the keeper. Now those flawed decisions may come back to haunt him via an unpretentious bloke called Ralph Blewitt.

    Justice Heydon excoriated Shorten and determined that Gillard was an innocent tool of partner and union crook, Bruce Wilson.That was not true of Gillard and Shorten deserved to be charged over the monetary betrayal of his AWU members.

    Perhaps the Bench believes Labor leaders should be exempt from prosecution as it is they who screamed the loudest about Conservative interference. Labor demanded that dyson Heydon be sacked as a Conservative sympathiser. So the Commissioner (and others) will be watching Ralph Blewitt’s testimony with great interest.

    Blewitt has been told by WA Police that he will face over 30 criminal charges. Each of those charges will embroil Julia Gillard and she will find it hard to avoid the witness box in a normal trial. What that evidence leads to should concern Gillard more than Blewitt who has declared his intention to bring down both Gillard and her then boyfriend Bruce Wilson

    Despite having been assured of only partial immunity, Blewitt maintains he did not profit from any criminal venture of Gillard and Wilson.

    Bill Shorten had insisted the AWU forgo any attempt to recover stolen funds, which by now had amounted to, in total and as best we can determine, $1.4 million in 90s money, could be much more.

    Dyson Heydon made a serious mistake in not recommending charges be brought against Gillard and it is likely to leave egg on both his face and reputation when the truth is laid bare, as Blewitt is determined to do, no matter what the cost.

    The Commissioner cannot claim ignorance as The Australian newspaper had spelt out the facts behind Gillard’s actions while working as a solicitor for Slater & Gordon.

    Slater & Gordon, who are now teetering on the edge of insolvency, were deeply enough involved to sack Gillard in an attempt to appear clean handed.

    Anyway, Blewitt was owed a legitimate amount of $13,430 in AWU long-service leave but he was now ‘persona non grata’ with the AWU.

    A peeved Ralph needed his money, he was broke. So when he discovered his ol’ mate, and partner in crime Julia had knifed her way into a plum PM’s job, and therefore was now a "person of influence", he decided to give her a call. Remember, ol’ Ralph can be a bit naive too.

    “Can you arrange for me to get my severance pay, Julia?” asked Ralph politely. Gillard told him in no uncertain terms to "fornicate" off.

    Undeterred, Ralph called Gillard again. This time he couldn’t get past her minders. So he waited and called again, he was transferred to a staffer, “Piss off Blewitt or we will get the Commonwealth Police on to you.” Ralph pissed off and the AWU still owes him his severance pay. And the hurt still abides.

    Perhaps it wasn’t wise to piss ol’ Ralph off because when I enquired as to his whistle-blowing motives, he sent me this:


    “So we must fly a rebel flag,

    As others did before us,

    And we must sing a rebel song

    And join in rebel chorus.

    We'll make the tyrants feel the sting

    O' those that they would throttle;

    They needn't say the fault is ours

    If blood should stain the wattle!"

    The is no doubt that Gillard was complicit in, and profited from, at least $1.4 million stolen from the AWU, Slater & Gordon’s client. Her most damning action was that she posed as a solicitor for Slater & Gordon’s client, her boyfriend Bruce Wilson of the AWU.

    The WA Police are only moving against Blewitt on a figure of $400,000... there’s a million missing somewhere.

    If you have any doubts about Gillard’s guilt, have a read of the 10 part comprehensive series here on pickeringpost.com home page.

    Justice Heydon was swayed by Gillard’s “young and naive” defence. Yet Gillard was neither young nor naive, she was a partner in a Labor Party law firm and was fully cognisant of how Labor union criminality works.

    Slater & Gordon in fact held part of the mortgage on the now infamous property (above) at 85 Kerr Street Fitzroy, in Melbourne.

    Bill Leak's interpretation

    The Kerr Street property and others were renovated, including Gillard’s own house in Collingwood, using fraudulent funds paid to Wilson that were extracted from development companies in return for industrial peace.

    Gillard knew exactly how it all worked as Shorten is an expert at converting AWU union dues into available cash.

    Gillard was at least partly responsible for convincing Boulder AWU members, in her capacity as an AWU lawyer, to transfer their funeral fund to PO box number 157 in Perth, owned by Bruce Wilson. This money was spent on purchasing two holiday homes that had mysteriously been sold after renovations were completed. The profits promptly disappeared.

    Ralph Blewitt (left) claims he was dudded by Gillard, (right).

    Wilson has vowed to protect Gillard but she is most culpable when it comes to the Corporate Affairs hearing where she had to justify her setting up of the slush fund after Corporate Affairs had initially denied her request. Gillard's subsequent appeal could only be heard in a court of law that Wilson says he clearly recalls. That puts both he and Gillard in an appeals court that transcripts can be subpoenaed from.

    Julia had better have plenty of popcorn ready, it will be a long trial that should end with Blewitt on a bond and her and her ex in cuffs.

    Read More...
    6 days ago
  • Turnbull wants unionists & bosses in secret payments in jail - the perfect test case is now before court
    Monday, 20 March 2017

    6a0177444b0c2e970d01901efe2d7a970b (1)

    Secret commission payments are currently unlawful and were unlawful at the time of Gillard's AWU Workplace Reform Association.

    We do not need a new law to prosecute Gillard et al.

    To protect Gillard, police have allowed Thiess to pretend it knew nothing about the secret payments made by Thiess to Bill Ludwig, Bruce Wilson, Ralph Blewitt and Julia Gillard (the Heydon Royal Commission found that money to pay for her renovations came in cash from Bruce Wilson who had no other legitimate source than the unlawful slush fund she set up) - incredibly police have accepted Thiess's story that it was deceived by false invoices.

    We don't need new laws Mr Turnbull.

    We need competent investigations and prosecutions.

    And the will to allow justice to take its course, no matter where and to whom that path leads.
    PM pitches new union fight with Shorten

    Screen Shot 2017-03-20 at 10.48.21 am
    Jennifer Rajca, Australian Associated Press
    March 20, 2017 8:07am

    Malcolm Turnbull has opened up a fresh front on the industrial relations battleground, proposing news laws to jail union officials and employers who make illegitimate secret payments.

    As Labor leader Bill Shorten stood up in parliament to introduce a private bill to protect the take-home pay of workers, the prime minister strode into a press conference alongside his Employment Minister Michaelia Cash.

    The pair unveiled plans to penalise employers and union officials found to have made secret payments other than for clearly legitimate purposes.

    It would also require full disclosure of legitimate payments.

    "Trade unions have a solemn, legal, moral, fiduciary duty to act in the best interests of their members," Mr Turnbull told reporters in Canberra on Monday.

    "We have seen through the Heydon royal commission and subsequently unions have let their members down and big unions have traded their rights away in return for payments."

    For payments with the intent to corrupt, penalties include up to 10 years in prison and $900,000 for individuals.

    Sentences of up to two years and $90,000 would apply for other illegitimate payments.

    Senator Cash said there was no consistency across Australia's bribery laws and the offence was often difficult to prove.

    "Employees should be aware and should have full knowledge of any payments that are made between their employer and a union," she said.

    "When you look at the level of penalty, it should send a very, very clear message to any employer or any union who wants to indulge in secretive payments.

    "It is wrong and compromises the integrity and lawfulness of the workplace."

    The pair described their announcement as a test for Mr Shorten.

    But the opposition leader was already pre-empting the attack as he addressed parliament about his bill aiming to stop future cuts to penalty rates following the Fair Work Commission's decision to align Sunday rates in the hospitality and retail sectors.

    "What I say to the prime minister is use whatever distraction that you think is necessary. Use every possible dishonest distraction you have in your book. Put up whatever story you want," he said.

    "But on this issue, when it comes to defending working families in this country, the living standards of working families, we will not be deterred or put off."

    Mr Turnbull will introduce the payments legislation on Wednesday.


    CRIMINALISING SECRET PAYMENTS BETWEEN EMPLOYERS AND UNIONS

    20 March 2017

    Prime Minister

    Minister for Employment

    This week the Turnbull Government will introduce vital legislation banning secret payments between unions and employers.

    The new laws will criminalise payments or other benefits passed between employers and unions that could have a corrupting influence.

    Any union leader who is willing to accept benefits from an employer is placing themselves in a highly compromising position.

    The Royal Commission into Trade Union Governance and Corruption found that such payments corrupt union officials and should be banned.

    Penalties will apply equally to employers and unions. The person offering or making the benefit will be subject to the same penalties as the person soliciting or receiving it.

    Those who make, receive, solicit or offer payments or benefits intended to corrupt a union official will face a maximum 10 years in prison, up to a $900,000 fine for an individual or $4.5 million fine for a company.

    Penalties for payments or benefits other than specified legitimate payments (such as genuine membership fees) will be 2 years in prison, up to a $90,000 for an individual or $450,000 for a company.

    The Bill will also require that any legitimate financial benefits obtained by an employer or union during enterprise agreement negotiations be disclosed to employees.

    If money changes hands between an employer and a union, both parties have an obligation to honestly disclose these payments to their employees and members.

    These vital changes will deliver on three key recommendations of the Royal Commission into Trade Union Governance and Corruption.

    The Turnbull Government is acting to ensure that employers and unions act in the best interests of their employees and members.

    Bill Shorten and the Labor Party should now support this reform, to clean up the unfair, secretive, and often corrupt payments that have tainted Australian workplaces for decades.

    ENDS
    PRESS CONFERENCE WITH THE MINISTER FOR EMPLOYMENT, SENATOR THE HON. MICHAELIA CASH CANBERRA

    20 March 2017

    Prime Minister

    Minister for Employment
    Subjects:

    Corrupting Benefits Bill; 18C; GST distribution; Perth Freight Link

    E&OE

    PRIME MINISTER:

    All of our industrial legislation, that the Minister has negotiated through the Senate is designed to ensure that unions do their job, represent their members honestly and openly.

    Now, during the Heydon Royal Commission, Australians were horrified to see the extent of secret payments made by employers - big business, very often - to trade unions, and in particular, the Australian Workers Union.

    And very often, in circumstances where, in an industrial agreement, the union had agreed to trade away workers' entitlements, including penalty rates - the Cleanevent agreement, the Chiquita Mushrooms agreement and others.

    Australians were horrified because they said, how can this be lawful? How could it possibly happen that this would not be a breach of the law?

    Now, we are dealing with that right now. We are taking up the recommendations of the Heydon Royal Commission, to make it a criminal offence, punishable by up to 10 years in prison, for a union to accept or a union official to accept or an employer to make a payment that has a corrupting motive, a corrupting intent in the sense of encouraging a union or a union official to act improperly.

    We are also making it an offence, punishable by up to two years’ imprisonment, for any payment to be made by an employer to a union or a union official, other than for clearly legitimate purposes - such as the remittance of union dues or something of that kind.

    Finally, again implementing the recommendation of the Heydon Royal Commission - we are going to ensure that the law compels unions and employers, at the time an enterprise agreement is put to members of a union for their approval, that any payments to the union is fully disclosed, any legitimate payment is fully disclosed. Secrets payments are utterly unacceptable.

    Trade unions have a solemn, legal, moral, fiduciary duty to act in the interests of their members.

    And we have seen again and again, through the Heydon Royal Commission and subsequently the way unions have let their members down, how big labour, big unions have ignored the interests of their members and traded their rights away in return for payments from employers.

    Now, the law applies to all Australians and it applies to unions.

    We have seen Sally McManus from the ACTU say that the law should not apply to unions unless they agree with it.

    Well, that’s not the rule of law. That’s the rule of unions.

    Bill Shorten has said he wants to run the country like a union leader. That’s not the approach of a Prime Minister. That is not the approach of the leader of a nation whose foundation is freedom, democracy and the rule of law. That is the approach of a union boss, like Sally McManus, that thinks their unions are above the law.

    Well, they’re not and in one piece of legislation after another, we are restoring the rule of law to the Australian industrial sector, to the construction sector, to unions, to employer organisations and employers - we are restoring and defending the rule of law.

    MINISTER FOR EMPLOYMENT:

    Thank you, Prime Minister.

    This is all about transparency in the workplace.

    Employees should be aware and should have full knowledge of any payments that are made between their employer and a union.

    This is a government that is committed to ensuring our workplaces in Australia are transparent and they are at all times treated in a fair manner.

    This is a real test for Bill Shorten because Bill Shorten says he believes in the worker and yet, time and time again, by his actions, he confirms for the Australian people, he is only interested in big unions being able to do deals with big businesses.

    In terms of this legislation, as we know, the Royal Commission, in fact, successive royal commissions dating back to 1982 have stated that secret payments between employers and unions, should be banned.

    We should have transparency in our workplaces.

    Of course, we know potentially one of the worst offenders when it comes to secret payments being made, is Bill Shorten himself when he was with the Australian Workers Union.

    He was more than happy to have money paid by Cleanevent to his union in exchange for trading away the penalty rates of the lowest-paid workers in this country. But also, in exchange for receiving a list of workers that he could conveniently add to the AWU membership to bolster his power within the union movement.

    Well, enough is enough.

    Successive royal commissions, including the Heydon Royal Commission have said this is not acceptable practice within the workplace.

    So the Prime Minister and I are here to announce today that we will introducing into the Parliament laws to ban corrupting benefits.

    This should actually be a piece of relatively uncontroversial legislation. And the test for Bill Shorten and Labor is, they like to talk big on supporting the workers. Well, if that’s what you are all about, then quite frankly, this legislation should be able to go through the Parliament in an uncontroversial manner.

    What the legislation seeks to do, is to ban secret payments from employers to unions.

    Certain legitimate payments will continue to be allowed, such as payments for genuine services that are provided by a union or genuine payment of membership fees.

    Criminal penalties will apply to both the employer and the union. The party that makes the offer of the payment will be penalised in the same way as the party that solicits or receives the payment.

    As Commissioner Heydon basically acknowledged - it takes two to tango in these situations.

    In terms of the penalties, they reflect the seriousness of the offence.

    In terms of criminal penalties for payments with the intent to corrupt, they will be up to 10 years in prison and $900,000 for an individual, or $4.5 million for a company.

    Penalties for other illegitimate payments, will be two years in prison or $90,000 for an individual or $450,000 for a companies.

    As the Prime Minister has also stated though, transparency is key. So when legitimate payments are being made in the course of negotiating an enterprise agreement, the legislation will require the disclosure of these legitimate payments, to the employees so that when they are considering whether or not to vote the agreement up, they will be doing so in full knowledge of all of the payments or benefits that have been given to either the union or the employer.

    If money changes hands between an employer and a union, both parties have an obligation to honestly declare what has occurred and why.

    As I have said, this is basically all about transparency. If you do believe in integrity within workplaces, if you do believe for standing up for Australian workers, then we should be standing side-by-side here today with all parties supporting this vital piece of legislation, which will ensure that employers and unions that exchange money, are no longer allowed or in the event they are a legitimate payment, this is disclosed to the employees.

    JOURNALIST:

    Who will determine what is a genuine service and when will the legislation be introduced?

    MINISTER FOR EMPLOYMENT:

    That will be for the trier of fact to ultimately determine whether or not it is a genuine service. For example, if a payment is being made into a safety training fund, you would need to show that you actually have an actual program of, basically, safety training. You would need to show that that has been undertaken. But you would also need to show that it has been charged out at market rate.

    In terms of the legislation, the Prime Minister will introduce the legislation into the House of Representatives on Wednesday.

    JOURNALIST:

    Isn’t a payment that has a corrupting intent already illegal under existing laws? Isn't what you are announcing just an IR dog whistle?

    MINISTER FOR EMPLOYMENT:

    No not at all, Andrew. One of the issues that the Royal Commissions, in particular the Heydon Royal Commission made note of, was that across Australia there are differing laws in relation to bribery. There is no consistency and it is often very difficult to prove.

    So in particular, in relation to the industrial relation relations regime, Commissioner Heydon recommended that a Commonwealth offence be introduced and a very clear offence which outlawed basically all payments full stop, unless they are legitimate.

    And that is exactly what we have done, so you have consistency across the board in the industrial regime.

    JOURNALIST:

    [Inaudible] is quite different from already being illegal?

    MINISTER FOR EMPLOYMENT:

    But, basically, across the board different jurisdictions have different penalties. They are often not utilised and as I have said, a lot of it is actually in relation to the corruption of a Commonwealth official.

    This is specifically now, in relation to the industrial context and that is what was lacking and Heydon identified that.

    PRIME MINISTER:

    This was recommended by the Royal Commission, presided over by one of the most distinguished judicial figures in contemporary legal history. So this was a very thoughtfully considered recommendation which we have adopted.

    JOURNALIST:

    Had these laws been in place in the past, some reasonably serious CEOs would have found themselves at risk of going to the slammer as well as unionists. Have you got the support of the construction companies, businesses for this?

    MINISTER FOR EMPLOYMENT:

    Yes, we have. When Heydon was first announced, companies came out and said they supported the recommendations.

    One of the things we’ve got to be very clear here - this applies equally to employers as it does to unions.

    When you look at the level of penalty, it should send a very, very clear message to any employer or any union, who wants to indulge in secretive payments. It is wrong and compromises the integrity and lawfulness of the workplace.

    JOURNALIST:

    If the laws are so important, why has it taken 14 months since the handing down of the final report from the Royal Commission to unveil them? Secondly, in your personal view, should “offend and insult” be removed from Section 18C and replaced by “harass”?

    PRIME MINISTER:

    Well thank you. In terms of the timing of this, this is a very important priority. As you know, we’ve dealt with some very substantial pieces of industrial legislation already since the 45th Parliament convened, particularly relating to the Building and Construction Commission, Registered Organisations Bill, obviously, the legislation that affected the Country Fire Authority.

    But both the ABCC and Registered Organisations have the same intent of restoring the rule of law, accountability. Registered Organisations in particular required union officials and indeed officers of employer organisations to have the same level of accountability as company directors do to their shareholders.

    Again, this is the same principle. But this is a very real, significant gap in the law that Justice Heydon identified in the Royal Commission. It should be utterly unthinkable, unacceptable, that employers would be making payments to unions and in particular, secret payments and in circumstances where - as the Commission found in case after case - the context or the result was that employees' rights were traded away.

    JOURNALIST:

    Prime Minister on Section 18C?

    PRIME MINISTER:

    All of those matters are being considered. As you know, there was a Parliamentary Committee that considered it and the Government is considering its response to that.

    JOURNALIST:

    If Australians were horrified by the findings of Commissioner Heydon, why did you make scant or almost no mention of them during the election campaign?

    PRIME MINISTER:

    Well that’s not correct. That is absolutely not correct. The whole election campaign, the election was triggered by those two pieces of industrial legislation which were fundamental to the recommendations of the Heydon Royal Commission.

    JOURNALIST:

    If payments are disclosed transparently, why go the extra step and ban them? How can you say that corporate payments to unions corrupt industrial bargaining outcomes, but corporate donations to political parties don’t corrupt public policy outcomes?

    PRIME MINISTER:

    Well, you’re not seriously suggesting to me that a corrupting benefit should be allowed, as long as it’s disclosed? Is that what you are putting to us?

    JOURNALIST:

    Why aren’t political donations a corrupting benefit to politicians? Why do you assume they don't impact public policy outcomes?

    PRIME MINISTER:

    I wouldn't have thought there would be anybody here actually defending employers paying bribes to unions, but there it is. It is a broad church.

    JOURNALIST:

    Prime Minister, what chance do you believe you’ll have of getting this through Parliament? Are you expecting the Labor Party to come on board with this?

    PRIME MINISTER:

    Well they should. Look, the Labor Party is not going to take advice from me on industrial matters, I know.

    When union membership is declining, we know that. Having said that, the power of a relatively small number of very cashed-up militant unions - CFMEU most prominently - is getting greater and greater within the union movement. You can see the culture of the CFMEU, the lawless culture of the CFMEU, is overtaking the Labor movement.

    Bill Shorten is not a Labor leader in the mold of Paul Keating and Bob Hawke. He is a wholly-owned subsidiary of the CFMEU.

    You see Sally McManus there, defending the lawlessness of the CFMEU. The head of the ACTU saying unions don't have to obey the law. If they don't like the law, they can disobey it. That is exactly what the CFMEU says.

    So that’s the type of Australia that Bill Shorten wants us to be. He wants an Australia where there are two classes of Australians; those who obey the law – that’s most of us - and those who don't have to, unless it suits them, and that’s the CFMEU and the AWU and some of these unions.

    Now if the union movement is fair dinkum about restoring its credibility and its integrity and recovering its membership, then it would have backed this in. Just like as it would have backed in the ABCC and the Registered Organisations Bill. But the reality is, we know that Bill Shorten - as I said - he is completely controlled by some militant unions who have utter contempt for the law of the land.

    What we are doing is ensuring that the law of the land does apply to them, that the law is strengthened. We are doing so in order to protect the very members of those unions who have so little regard for the laws of our nation.

    JOURNALIST:

    Prime Minister, on the GST distribution, a poll in The Western Australian on Saturday showed five federal Liberals would lose their seat and a big reason for that is the anger over the GST injustice that WA gets over the distribution. 92 per cent of West Australians say that it’s important that you act on that before the next election.

    Can you give a commitment that you will take on board those concerns, rather than waiting for several years? Four years, which Treasury’s estimated before WA’s share recovers to 70 cents. Will you act sooner on that?

    PRIME MINISTER:

    Well, we explained during the last year - and I have been very consistent about this - that we understand the sense of grievance that West Australians feel. Michaelia of course, is a West Australian Senator.

    MINISTER FOR EMPLOYMENT:

    West Australian Senator.

    PRIME MINISTER:

    We understand that very well. I am the first Prime Minister to take action on this.

    What I said was, in consultation with Colin Barnett and my colleagues, I said, we will have an opportunity in several years’ time - and the estimate at that point was 2019-20 - when the Western Australian GST share, under the formula, rises back up to 70 per cent. That was the West Australian Treasury’s estimation, not mine. I said, that is an opportunity then, to set a floor so that nobody loses. But then, West Australians will feel, as indeed will citizens in other states, that no state's share is going to sink down to the levels of 30 per cent and so forth, where Western Australia that found it.

    This is what I did. I made that commitment to seek to achieve that. I wrote to all the Premiers and Chief Ministers, I raised it at COAG. I was attacked, unrelentingly, by the Labor Party, including by Mr Shorten.

    So, really, the question now is we will seek to achieve that. That is our goal, we think it is fair and it is achievable with goodwill.

    But the fiercest opponents of what I proposed, were Bill Shorten - federal Labor leader - and the Labor Premiers, including South Australia, Victoria and Queensland. So the challenge for the new Labor Premier of Western Australia, is how is he going to get his own party onside? That’s the real question. Because Labor is absolutely rock solid at the federal level, so far anyway, in defending the existing arrangements on the GST distribution.

    I believe there is an opportunity to set a floor. But to do so at a time when nobody is actually going to lose. That’s the point. I have been completely consistent about that.

    I know there has been some reporting in Western Australia that I had made a commitment that was different to that, but if you look at my statement in August, to the West Australian division of the Liberal Party State Council, and subsequent statements, they have been completely consistent, including the correspondence I had with the Premiers.

    I saw somewhere it said I hadn't raised the matter with the Premiers, I did. I raised with them both in writing and in a meeting. Now, we might just have one more?

    JOURNALIST:

    Section 18C of the Racial Discrimination Act, are you expecting the Government's position on that issue to be resolved this week? Why won't you say what your own personal view is?

    PRIME MINISTER:

    Well I am the Prime Minister. So the Government has a view on matters of this kind, the Government will have a response. It will be the collective response of the Government. Perhaps one more?

    JOURNALIST:

    On penalty rates, do you plan to respond on penalty rates to the Fair Work decision this week, will you be recommending take-home pay orders?

    MINISTER FOR EMPLOYMENT:

    Yes, we will be making a submission in relation to chapter 11 and the transitional provisions. In terms of what we’ll be recommending, I won't be disclosing it here obviously. That it is something the Government is considering.

    JOURNALIST:

    Mr Turnbull are you going to carry through your threat during Western Australia election to fund only the Coalition's planned roads project and not fund the new Labor government's rail project?

    PRIME MINISTER:

    Michelle, the Freight Link project - which is what you are referring to - is a high-priority project of Infrastructure Australia and we have committed to fund that.

    The new Western Australia Labor Government does not want to proceed with it and so therefore doesn't want our money for that project. They would like to secure Federal Government support for alternative infrastructure projects. The position is that we will look at them and Infrastructure Australia will look at them. We’ll examine them in good faith and in the normal way.

    Again, it would be quite absurd to do anything else. You can't just say you have got a project that is fully developed, fully costed, fully analysed, prioritised by Infrastructure Australia and then when the Government comes in and says despite all that, we don't want to do it, here, commit the same amount of money to another project, that is at this stage basically a press release.

    There is no business case. There is no plan for it. They have got a way to go. We are all in favour of investing in infrastructure and we do so to the tune of tens of billions of dollars around the nation. I am an enthusiast for urban rail, I think we’ll need more urban rail in all of our big cities. I welcome governments that want to get on with that.

    But as to manner and the extent of Federal Government funding, that is going to be on the basis, after due consideration, of what is proposed. This idea that the State Government can put out a press release and then say give us the money, on the basis of the press release.

    Australians would not think well of my government if we were as careless as that in dealing with their taxpayers' dollars.

    Thanks very much.

    Read More...
    6 days ago
  • The chinese think they've got the goods on people , says Malaysian reporter Mr Kumar
    www.malaysiaoutlook.com/corruption-in-au...-casinos-and-judges/
    Corruption in Australia, beyond casinos and judges
    By Gopal Raj Kumar
    |Mar 7, 2017
    Share on Facebook
    Tweet on Twitter

    Australia Foreign Minister Julie Bishop.

    Attempts by Julie Bishop, Australia’s foreign minister, to besmirch the reputation of Malaysian Prime Minister Najib Razak, has hit another obstacle with the arrest of Australia’s Crown Casino executives in China last October.

    James Packer a ‘good friend’ of Julie Bishop a private guest of the Packers on a number of occasions is said by sources close to the Chinese authorities to also be a source of interest to China inspite of her position as the foreign minister of Australia.

    The Chinese arrested, amongst others, Malaysian born Alfread Gomez, a Crown executive, is known to remain behind bars being interrogated in China on the offences of procuring clients for gambling in Macau and aiding in the commission of illegal activities including gambling (which is illegal in China) and money laundering.

    Gomez and his fellow Crown executives currently in detention, in the interests of self preservation are said by friends in Malaysia to have sung like canaries in detention.

    A couple of the detainees in last year’s raid in China are known to have been “released on bail” a method the Chinese often use to track down associates that have escaped their dragnet the first time round.

    It is widely believed that some of Crown’s board including a former government minister under the Howard government is also, according to sources close to the Chinese government, on the radar of Chinese authorities and being closely monitored by them.

    The former Howard government minister and other members of Crown’s board are said to have been compromised by Chinese agents some time before the raids.

    The Chinese are believed to have built up large personal dossiers on each of the Australian government officials who have worked with or assisted others in their breaches of Chinese anti-gambling and anti money laundering laws.

    A source close to Gomez’s family has also confirmed that high level corruption in Australia involving the gaming industry as a trap and conduit extends to Australian judges, diplomats, the police forces, individual politicians and by association both major political parties of Australia.

    A Malaysian official who spoke on condition of anonymity said that the statement by Julie Bishop last August about her concerns about corruption allegations against the Malaysian government and its prime minister were not responded to by Putrajaya because officials in Putrajaya knew much more about the illicit activities of Australian government and many of its top officials than what people like Julie Bishop claimed to know about the Malaysians.

    And the advice to officials in Puterajaya was not to respond or to say anything publicly about Julie Bishop or anyone else pointing fingers at Malaysia.

    Operation Fox Hunt, the Xie Jin Peng government’s worldwide drag net to entrap and return to the mainland corrupt officials assisted by the likes of Crown Casino and its political connections in Australia is said to be paying significant dividends to the Chinese government.

    Additionally it is also said that the connection between big business and Australian politicians is something Chinese intelligence have known about for some time.

    Chinese money laundering is widespread in Australia according to the source.

    Most money laundering in Australia is conducted through the purchase of real estate at highly inflated prices with the assistance of Australian government agencies who often turn the other way and Australian banks who facilitate the conveyance of large sums of money illegally siphoned out of China using fake invoices, banking and financial instruments often aided indirectly by Australian government agencies.

    The threat of the death penalty if found guilty on return to China is an excuse that Australia has used effectively to provide refuge from the law for Chinese citizens suspected of laundering large sums of money taken out of Chinese government institutions illegally by corrupt Chinese officials.

    Australian law prohibits Australia’s government agencies returning anyone regardless of their crime to a capital punishment jurisdiction.

    An ABC Four Corners programme which was aired in Australian on the night of 6 March 2017 has identified part of a very large problem which has undermined the credibility of the Australian government, the integrity of its immigration and financial system.

    It possibly has also raised concerns about high level corruption in Australian government from its close association to the large corporate sector much of it never reported widely within Australia.

    Malaysian police sources have identified a number of triad syndicates running junkets that have successfully targeted high profile lawyers, judges and politicians in Queensland, Victoria, New South Wales on whom they rely favours for.

    The stench of corruption in judges and politicians has heated up in recent months with revelations by notorious Russian hacker Alexei Kuznetsov who hacked into the personal and private emails and phones of Queensland judges, politicians, lawyers and businessmen threatening to drip feed of the information through the dark web and social media.

    As the heat on corruption in Australia is turned up, no one it seems is game enough to explain why and under what authority the Australian governments of the Gillard, Rudd and Abbott era over the past decade donated between US$88,000,000 to $340,000,000 to Hillary Clinton’s Global Initiative (CGI).

    The CGI it has been reported was a private foundation and a pay to play scheme run by the Clintons to fund Hillary Clinton’s failed tilt at the US presidency.

    Email inquiries and requests for more information to government agencies and members of parliament in Australia has been met by a stony silence from both sides of parliament.

    Read More...
    2 weeks ago
  • *BRN EXCLUSIVE* Financial industry WHISTLEBLOWER lifts the lid on 16 years of bank scandals and abuses. This could be what tips pollies over into fully understanding that a Royal Commission is inevitable and essential.

    With 16 years of experience in the Australian banking and finance sector, Pieter Van Der Woude gives you his insider story of how bankers operate.

    >> www.bankreformnow.com.au/node/343... See More

    Whistleblower's Explosive Revelations | | Bank Reform Now Australia
    Whistleblower's Explosive Revelations | | Bank Reform Now Australia
    See more at BANKREFORMNOW.COM.AU

    Like
    CommentShare
    Top Comments
    602 You, Dario Pappalardo, Suzi Burge and 599 others
    291 shares
    Comments
    Nemo Lacessit
    Write a comment...

    Bank Reform Now
    Bank Reform Now Narev won't be too happy today ... and neither will Thorburn >> www.smh.com.au/.../comminsure-is-like-an-episode...
    CommInsure is like an episode of Yes Minister
    smh.com.au
    Like · Reply · 16 · March 8 at 9:06am
    View 4 more replies
    Bank Reform Now
    Bank Reform Now Andrew - how likely is it that Americans can rise up and demand real reforms to the corrupt / criminal system that has been imposed upon them?
    Like · Reply · 2 · March 9 at 6:41am
    Andrew Reagan
    Andrew Reagan I have my doubts. A lot of distractions both with nonsense. However we have seen a surge in protests nothing like we had during Nam but there's been protest by the new man in charge as it pertains to his treatment and comments about women and him being buddy buddy with the fossil fuels industry and him signing off on the OK to build the pipeline through native American reservation. You know the place where they were forcefully relocated to during the 1800s? So it's possible we will see a raise up but I still have my doubts. Good thing is some too big to fail institutions withdrew financial support for the pipeline. Because they had angry customers. Which is baby steps but definitely a start. Long way to go. Must remain on top of these situations. A lot of corruption in a lots of sectors all at once. It's a mess.
    Like · Reply · 2 · March 9 at 6:58am
    Bank Reform Now
    Bank Reform Now Andrew - keep in touch - we are working on something that might catch on in the States. It's a three step reform program which packs a punch that supports people getting a fair go. Our rulers won't like .... as we say over here "tough luck..!!"
    Unlike · Reply · 2 · March 9 at 9:09am · Edited
    Nemo Lacessit
    Write a reply...

    Hope Smith
    Hope Smith This is the first article in years that has mentioned the crooked dealings of RAMS/WESTPAC! Grateful the crooks are under the spotlight finally! Bring on those jail terms!

    Read More...
    2 weeks ago
  • There are some interesting times indeed ahead for Julia Gillard and her cronies in crime. Ralph Blewitt has penned a letter to police offering to open up and tell all, even if it has consequences for him. Gillard may not be flying high with the United Nations for much longer.
    Over the weekend Ralph Blewitt submitted this notice to Western Australia Police.
    *****************************************************************************
    Police will have their own view about what charges should flow from their investigations - but Ralph's position which he makes so clearly in this letter will have to be taken into account.
    Put yourself in Ralph's shoes. He faces an uncertain future. He is under no compulsion to return to Australia, he's voluntarily making himself available to police.
    Ralph knows full well that his destiny is in the hands of authorities. It must have been very, very tempting to drop the whole AWU matter and just get on with his very full life. But he hasn't done that. And I admire him for his guts and sense of right and wrong.

    Dear Detective Sergeant (Name withheld),
    I have recently become insulin dependent in the management of chronic Diabetes Type 2.
    My wife and carer Ruby and I are adjusting to managing daily insulin injections and I have to be a little more prudent in managing my movements with a lot more pre-planning.
    May I ask a few questions about my attendance at your offices “to deal with the matter”?
    Will I be under arrest?
    Will I be under caution?
    Do police anticipate charging me with any offence(s)?
    If so what offences?
    If so will I be bailed, remanded or summonsed to appear in court?
    Will I be permitted to leave Australia and return to my home in Malaysia after the meeting with you “to deal with the matter”? (my wife and carer Ruby does not yet have a long term visa to remain in Australia).

    Background
    Since late 2012 I have been available to and actively assisting police in their enquiries about the secret commissions paid by Thiess executives through the AWU Workplace Reform Association and the associated frauds, forgeries and other offences that I observed and was a part of from 1991 to 1995.
    I want to tell all that I know - and I wish to co-operate with police and the courts by pleading guilty to the offences I know I helped others commit.
    I am, however, not willing to cooperate in the furtherance and coverup of the offences of my co-offenders, particularly Julia GILLARD and Bruce WILSON.
    I did not set out to commit any offence of my own volition.
    I will not plead guilty to charges singling me out to take the fall on behalf of others. I was part of a criminal conspiracy. I didn't have the ability to do what I did without direction of others.
    Every time I offended during the 1991 to 1995 course of conduct I did so at the behest (as Ms GILLARD put it during her exit interview from Slater and Gordon) of Bruce WILSON and/or Julia GILLARD.
    Where I completed the application to incorporate the AWU Workplace Reform Association, so did GILLARD.
    I wrote what GILLARD and WILSON told me to write.
    It would be unjust and wrong just to charge GILLARD and not to charge me.
    These were offences in which we were jointly involved. The same applies in reverse - it would be dishonest and unjust to charge me but not to charge my co-offenders WILSON and GILLARD as we were acting together.
    When I signed the false document, Specific Power of Attorney I knew that GILLARD was not in the room to witness it. I knew the document was not signed on 4 February 1992 as it falsely states. I knew I was creating a false document and I admit to that offence. However I did not act alone and I am concerned that the courts and the public would get the wrong impression about the criminal behaviour involved in making that false document if GILLARD and WILSON are not charged with me.
    When I conspired with WILSON and GILLARD to buy the Kerr Street property I wrote out a cheque for about $67,000 from the AWU Workplace Reform Association cheque book. The entry in the Slater and Gordon Trust Account ledger says the money came from me, not the association. That is false. I know that Bill Ludwig’s lawyer Con Sciacca sent a fax to GILLARD’s law firm on the day I paid the money in. The contents of that fax can only have been in the furtherance of fraud and I will consider it a neglect of police duty if that fax is not seized and produced for me to consider - as it is apparently central in the efforts to fraudulently represent that the $67,000 came from me and not the Association GILLARD, WILSON and I fraudulently set up.
    Detective Sergeant, I will tell the truth, the whole truth and nothing but the truth. There is a very important proviso in that statement - that it is the whole truth.
    I didn’t set out to create the AWU Workplace Reform Association. I wouldn’t have a clue where to start. I did not brief any lawyer to act for me or to give me legal advice about incorporating the association. GILLARD was not acting as my lawyer, she was in on the conspiracy.
    I look forward to meeting with you to tell all and “to deal with the matter” in its entirety once and for all.

    Regards Ralph Blewitt.
    **************************************************************************
    Gillard and Wilson may have managed to cover their tracks so far, but I personally feel the truth is about to be told, and their run is about to come to an abrupt end.
    The money Gillard has been gifting to the “Clinton Foundation” may never be recovered (Nearly half a billion dollars). The damage she has done to Australia during her governance is also irreversible in the short term.
    It is now Australia needs to turn to honest government willing to govern for the people, not their own rotten vested interests!

    www.michaelsmithnews.com/…/ralph-blewitt-to-plead-gu…DesiredUserName wrote:
    Michael McGarvie's wife works for Slater and Gordon and his Howard Bowles must know the trust accounting rules for funds passed through trusts for the deposit on a house. What do you think about this theory from one on the investigative reporters that Howard Bowles was 'spying on'?

    ATO Commissioner asked for tax ruling on "the scheme Bernard cooked up" for GILLARD
    Monday, 20 February 2017

    Moments like this make it all worthwhile!

    KC read our post yesterday about GILLARD and the "scheme Bernard cooked up" to provide her with a lump sum "loan".

    Another of our brilliant readers and regular contributors had provided a professional tax litigator's view on the scheme/combination/conspiracy. Yesterday we published that on the website, today KC has dispatched this note to the Commissioner of Taxation.

    Just magnificent work, thank you to all concerned.



    Sent this off to the ATO (to whom I remit close to $900K a year). Be interesting to see what response I get.


    Commissioner of Taxation

    I write to seek a tax ruling relative to the apparent accepted practice of a corporation providing a loan to employees, and then, over time, forgiving the loan, as some form of incentive/bonus scheme to extend the time staff remain in the employment of the corporation.
    This would appear, most easily understood in the practice of Slater & Gordon expose on

    www.michaelsmithnews.com/2017/02/they-go...ly-unprosecuted.html

    As a substantial employer I seek clarification from the ATO as to the clear precedent set by this established, if somewhat unusual method of remunerating staff whilst, apparently avoiding taxation obligations.

    I would also seek clarification as to whether the forgiveness of this loan, over time, is also a deductable expense for the employer.

    While I would understand that Slater & Gordon are a large and powerful law firm with deep connections into the body politic this country is still the land of the “fair go”. If this matter is known to the ATO, which I am aware has been brought to its attention, is the ATO turning a blind eye or at least is it determining no ATO fraud has occurred and payment arrangements, by way of a forgiven loan is not taxable income. If this is in fact the case it should be available to all businesses to offer a salary package with this type of tax free incentive included.

    Yours Faithfully


    Read More...
    3 weeks ago
  • Excellent.
    The White House
    Office of the Press Secretary
    For Immediate Release
    February 09, 2017
    Presidential Executive Order on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking

    EXECUTIVE ORDER

    - - - - - - -

    ENFORCING FEDERAL LAW WITH RESPECT TO TRANSNATIONAL CRIMINAL ORGANIZATIONS AND PREVENTING INTERNATIONAL TRAFFICKING

    By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

    Section 1. Purpose. Transnational criminal organizations and subsidiary organizations, including transnational drug cartels, have spread throughout the Nation, threatening the safety of the United States and its citizens. These organizations derive revenue through widespread illegal conduct, including acts of violence and abuse that exhibit a wanton disregard for human life. They, for example, have been known to commit brutal murders, rapes, and other barbaric acts.

    These groups are drivers of crime, corruption, violence, and misery. In particular, the trafficking by cartels of controlled substances has triggered a resurgence in deadly drug abuse and a corresponding rise in violent crime related to drugs. Likewise, the trafficking and smuggling of human beings by transnational criminal groups risks creating a humanitarian crisis. These crimes, along with many others, are enriching and empowering these organizations to the detriment of the American people.

    A comprehensive and decisive approach is required to dismantle these organized crime syndicates and restore safety for the American people.

    Sec. 2. Policy. It shall be the policy of the executive branch to:

    (a) strengthen enforcement of Federal law in order to thwart transnational criminal organizations and subsidiary organizations, including criminal gangs, cartels, racketeering organizations, and other groups engaged in illicit activities that present a threat to public safety and national security and that are related to, for example:

    (i) the illegal smuggling and trafficking of humans, drugs or other substances, wildlife, and weapons;

    (ii) corruption, cybercrime, fraud, financial crimes, and intellectual-property theft; or

    (iii) the illegal concealment or transfer of proceeds derived from such illicit activities.

    (b) ensure that Federal law enforcement agencies give a high priority and devote sufficient resources to efforts to identify, interdict, disrupt, and dismantle transnational criminal organizations and subsidiary organizations, including through the investigation, apprehension, and prosecution of members of such organizations, the extradition of members of such organizations to face justice in the United States and, where appropriate and to the extent permitted by law, the swift removal from the United States of foreign nationals who are members of such organizations;

    (c) maximize the extent to which all Federal agencies share information and coordinate with Federal law enforcement agencies, as permitted by law, in order to identify, interdict, and dismantle transnational criminal organizations and subsidiary organizations;

    (d) enhance cooperation with foreign counterparts against transnational criminal organizations and subsidiary organizations, including, where appropriate and permitted by law, through sharing of intelligence and law enforcement information and through increased security sector assistance to foreign partners by the Attorney General and the Secretary of Homeland Security;

    (e) develop strategies, under the guidance of the Secretary of State, the Attorney General, and the Secretary of Homeland Security, to maximize coordination among agencies -- such as through the Organized Crime Drug Enforcement Task Forces (OCDETF), Special Operations Division, the OCDETF Fusion Center, and the International Organized Crime Intelligence and Operations Center -- to counter the crimes described in subsection (a) of this section, consistent with applicable Federal law; and

    (f) pursue and support additional efforts to prevent the operational success of transnational criminal organizations and subsidiary organizations within and beyond the United States, to include prosecution of ancillary criminal offenses, such as immigration fraud and visa fraud, and the seizure of the implements of such organizations and forfeiture of the proceeds of their criminal activity.

    Sec. 3. Implementation. In furtherance of the policy set forth in section 2 of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, or their designees, shall co-chair and direct the existing interagency Threat Mitigation Working Group (TMWG), which shall:

    (a) work to support and improve the coordination of Federal agencies' efforts to identify, interdict, investigate, prosecute, and dismantle transnational criminal organizations and subsidiary organizations within and beyond the United States;

    (b) work to improve Federal agencies' provision, collection, reporting, and sharing of, and access to, data relevant to Federal efforts against transnational criminal organizations and subsidiary organizations;

    (c) work to increase intelligence and law enforcement information sharing with foreign partners battling transnational criminal organizations and subsidiary organizations, and to enhance international operational capabilities and cooperation;

    (d) assess Federal agencies' allocation of monetary and personnel resources for identifying, interdicting, and dismantling transnational criminal organizations and subsidiary organizations, as well as any resources that should be redirected toward these efforts;

    (e) identify Federal agencies' practices, any absence of practices, and funding needs that might hinder Federal efforts to effectively combat transnational criminal organizations and subsidiary organizations;

    (f) review relevant Federal laws to determine existing ways in which to identify, interdict, and disrupt the activity of transnational criminal organizations and subsidiary organizations, and ascertain which statutory authorities, including provisions under the Immigration and Nationality Act, could be better enforced or amended to prevent foreign members of these organizations or their associates from obtaining entry into the United States and from exploiting the United States immigration system;

    (g) in the interest of transparency and public safety, and in compliance with all applicable law, including the Privacy Act, issue reports at least once per quarter detailing convictions in the United States relating to transnational criminal organizations and their subsidiaries;

    (h) to the extent deemed useful by the Co-Chairs, and in their discretion, identify methods for Federal agencies to coordinate, as permitted by law, with State, tribal, and local governments and law enforcement agencies, foreign law enforcement partners, public-health organizations, and non-governmental organizations in order to aid in the identification, interdiction, and dismantling of transnational criminal organizations and subsidiary organizations;

    (i) to the extent deemed useful by the Co-Chairs, and in their discretion, consult with the Office of National Drug Control Policy in implementing this order; and

    (j) within 120 days of the date of this order, submit to the President a report on transnational criminal organizations and subsidiary organizations, including the extent of penetration of such organizations into the United States, and issue additional reports annually thereafter to describe the progress made in combating these criminal organizations, along with any recommended actions for dismantling them.

    Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

    (i) the authority granted by law to an executive department or agency, or the head thereof; or

    (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    DONALD J. TRUMP

    THE WHITE HOUSE,
    February 9, 2017
    Trump vows to fight 'epidemic' of human trafficking

    By The Associated Press

    WASHINGTON — Feb 23, 2017, 2:59 PM ET

    Donald Trump, Ivanka TrumpThe Associated Press
    WatchInvestigating the Dark Underworld of Sex Trafficking in Holland

    Share
    Email

    President Donald Trump says he will bring the "full force and weight" of the U.S. government to combat an "epidemic" of human trafficking.

    The president is meeting at the White House with senior advisers and representatives of organizations that deal with trafficking. His daughter, Ivanka Trump, is among those in attendance.

    Trump calls human trafficking a problem that is "not talked about enough." He says he will order the departments of Justice and Homeland Security to take a hard look at the resources they are devoting to addressing the issue.

    Read More...
    4 weeks ago
  • Supported Residents & Carers Action Group Inc created a new topic ' IRS 501 3 c' in the forum.
    IRS 501 3 c January 2017 edition www.irs.gov/pub/irs-pdf/p557.pdf

    Read More...
    1 month ago
  • You're on the treadmill so what else can you do?

    Read More...
    1 month ago
  • Douglas replied to the topic How Long Does FOS Take in the forum
    Thanks for your response. It seems that you don't know how bad the banking industry is until you get caught up in a dispute. It seems that normal business ethics do not apply to the banks. It is interesting you mentioned documentation, I tend to be a bit of a hoarder, but I still could not understand why I had to produce documentation that surely the bank could provide. So should I find another avenue like ASIC?

    Read More...
    1 month ago
  • Charles Ponzi replied to the topic How Long Does FOS Take in the forum
    Fos has been known to take years. One criticism at Parliamentary Inquiries is that it 'closes' cases if customers can't get an obscure document from the bank - why can't FOS get the bank to prove its case?
    How to hurry FOS up, you ask? No idea. Seriously. Some home owners 'waited' for years, only to get a 'dud' deal + accrued Default Interest that wiped out their Equity.

    Read More...
    1 month ago
  • Douglas created a new topic ' How Long Does FOS Take' in the forum.
    Like the website but I am not sure where to go for assistance. I have had a dispute lodged with FOS over a Westpac investment portfolio for over a year now. I had several areas of complaint but only one has stuck. However, going through the process my remaining 'unresolved" issue has been passed on to an Ombudsman and has been there for several months now with no feedback. I have sent a prompting email and get the response that they need to hear both sides of the dispute. It seems to me that the banks are well practiced at avoiding scrutiny and long delays are part of that practice. Do you have any insight into whether FOS is ever likely to respond and if there is any way of moving things along in a beneficial way.

    Read More...
    1 month ago
  • Michael McGarvie's wife works for Slater and Gordon and his Howard Bowles must know the trust accounting rules for funds passed through trusts for the deposit on a house. What do you think about this theory from one on the investigative reporters that Howard Bowles was 'spying on'?

    ATO Commissioner asked for tax ruling on "the scheme Bernard cooked up" for GILLARD
    Monday, 20 February 2017

    Moments like this make it all worthwhile!

    KC read our post yesterday about GILLARD and the "scheme Bernard cooked up" to provide her with a lump sum "loan".

    Another of our brilliant readers and regular contributors had provided a professional tax litigator's view on the scheme/combination/conspiracy. Yesterday we published that on the website, today KC has dispatched this note to the Commissioner of Taxation.

    Just magnificent work, thank you to all concerned.



    Sent this off to the ATO (to whom I remit close to $900K a year). Be interesting to see what response I get.


    Commissioner of Taxation

    I write to seek a tax ruling relative to the apparent accepted practice of a corporation providing a loan to employees, and then, over time, forgiving the loan, as some form of incentive/bonus scheme to extend the time staff remain in the employment of the corporation.
    This would appear, most easily understood in the practice of Slater & Gordon expose on

    www.michaelsmithnews.com/2017/02/they-go...ly-unprosecuted.html

    As a substantial employer I seek clarification from the ATO as to the clear precedent set by this established, if somewhat unusual method of remunerating staff whilst, apparently avoiding taxation obligations.

    I would also seek clarification as to whether the forgiveness of this loan, over time, is also a deductable expense for the employer.

    While I would understand that Slater & Gordon are a large and powerful law firm with deep connections into the body politic this country is still the land of the “fair go”. If this matter is known to the ATO, which I am aware has been brought to its attention, is the ATO turning a blind eye or at least is it determining no ATO fraud has occurred and payment arrangements, by way of a forgiven loan is not taxable income. If this is in fact the case it should be available to all businesses to offer a salary package with this type of tax free incentive included.

    Yours Faithfully

    Read More...
    1 month ago
  • Feb 16 2017 at 11:00 PM Updated Feb 16 2017 at 11:00 PM

    Print License article

    Nationals fume as One Nation wins rural bank inquiry

    Share via Email
    Share on Google Plus
    Post on facebook wall
    Share on twitter
    Post to Linkedin
    Share on Reddit

    Senator Pauline Hanson has won a deal for a Senate inquiry into rural banks.
    Senator Pauline Hanson has won a deal for a Senate inquiry into rural banks. Andrew Meares
    Phillip Coorey

    Share on Facebook
    Share on twitter

    by Phillip Coorey

    The federal Nationals are fuming over a deal in which Pauline Hanson's One Nation will chair a parliamentary inquiry into the lending practices of banks to farmers.

    The Nationals lashed out on Thursday, saying they were sick of being traded off against other third parties without consultation, as they were with the Palmer UnitedParty in the last term of Parliament.

    The Senate Select Committee into Lending to Primary Production Customers was promised to Senator Hanson when she and her team first met Prime Minister Malcolm Turnbull in July last year.

    Senator Hanson had demanded a royal commission into the banks but Mr Turnbull talked her out of it, saying a Senate inquiry would be quicker.

    A One Nation spokesman insisted the promise was not in return for the minor party's support for any piece of legislation.

    He said either Senator Hanson or Senator Malcolm Roberts will chair the committee, which will seek to call bank executives.
    High bank discontent

    Senator Roberts is no friend of the banks. He belonged to the international Galileo Movement and contends that international bankers are surreptitiously trying to gain global control through environmentalism.

    The Nationals, who are under threat from One Nation, especially in rural Queensland where discontent with the banks is high, feel they have been undercut by their Coalition colleagues in their own constituency.

    When the Senate voted on Thursday to establish the select committee, Queensland Liberal-National Senator Barry O'Sullivan boycotted the vote.

    He, like his colleagues, believes One Nation will use the committee to steal the credit for the work that has already been done by the Nationals.

    "The National Party has made no secret of the fact that we have been working long and hard on the issues surrounding debt loads and banking regulations in the rural sector," he told The Australian Financial Review.

    "I consider this matter to be one of our most important 'bread and butter' issues we deal with in this Parliament. Good public policy takes time and there is significant work that goes on behind closed doors.
    Heartland matters

    "I do not believe my government should support a new inquiry that allows the crossbench to jeopardise the work of the National Party."

    Mr O'Sullivan suggested One Nation was given the committee in return for passing legislation, saying there was no problem with Mr Turnbull "reaching sensible agreements" to secure the passage of bills.

    "But I believe Liberal Party ministers should first consult the National Party Senate team before doing any deals with the crossbench on issues that are traditional, National Party heartland matters," he said.

    NSW Nationals senator John Williams, who has devoted his political career to hounding the banks, is believed to be similarly aggrieved. He intents to sit on the committee and fly the flag for hs party.

    The banking industry, under constant threat of a royal commission and ever-increasing government regulation, is watching the inquiry nervously.

    Share via Email
    Share on Google Plus
    Post on facebook wall
    Share on twitter
    Post to Linkedin
    Share on Reddit


    Read more: www.afr.com/news/nationals-fume-as-one-n...guea50#ixzz4YtgN0MHR
    Follow us: @FinancialReview on Twitter | financialreview on Facebook

    Banking Royal Commission a Shorten ‘tyre pumping’ exercise

    16 February 2017by Mike Taylor | 0 Comments

    The Federal Treasurer claims the major beneficiary of a Royal Commission into the banking and financial services industry would be Federal Opposition leader, Bill Shorten.

    The Federal Treasurer, Scott Morrison has continued to deflect calls for a Royal Commission into the banking and financial services industry claiming it would only serve to "pump up the tyres" of Federal Opposition leader, Bill Shorten.

    Speaking on television, Morrison argued that the Government's responses in the form of a Parliamentary Committee review, better resourcing of the Australian Securities and Investments Commission (ASIC) and the involvement of the Small Business Commissioner were more effective than a Royal Commission.

    "I think we have already seen from the Government's response, which has been significant, we have increased the resources for ASIC, we have increased the powers for ASIC, we have ensured that there is a greater transparency and accountability through the process with the House of Representatives Standing Committee," he said.
    Related News:

    Home equity drawdowns threaten aged care funding
    Tax practitioners get help for cloud tech regulation

    Morrison said the Government also already had underway a review about more cost effective, affordable dispute resolution for bank customers along with the Small Business Commissioner working over many problematic cases.

    "Now, why have I gone through all of that? Because that is actually getting outcomes for the concerns of people who have genuine issues with the banking sector," the Treasurer said.

    "What a Royal Commission does is pump Bill Shorten's tyres up but doesn't give anybody anything if at all for years. So, that is a political exercise for a political hack."

    "What we are doing is focusing on delivering real changes and on top of that we have seen banks respond themselves with their six points which they have been working through," the Treasurer said.

    Read More...
    1 month ago
  • Charles Ponzi created a new topic ' Pay to Play?' in the forum.
    Michael Smith's Submission for an Inquiry into Pay-To-Play Donations

    www.michaelsmithnews.com/2016/09/senate-...ce-2006-the-aus.html

    Australian Senate Enquiry into Australian Government Donations to the Clinton Foundation
    Sunday, 04 September 2016

    I have asked several Senators to cause our Senate to use its powers to order an Enquiry into the "pay to play" allegations concerning the Clinton Foundation and the Australian Government's donations to it.

    Here is some of my submission.

    Senate Enquiry into “Pay to Play” donations from the Australian Government to the Clinton Presidential Library

    Screen Shot 2016-09-03 at 5.28.30 am
    Executive Summary

    Since 2006, the Australian Government has donated around $100 million directly to the Clinton Foundation, one of America's 13 Presidential Libraries.

    The 13 libraries were established and are operated under the following US legislation:

    Presidential Libraries Act of 1955
    The Presidential Libraries Act (PLA) established a system of privately erected and federally maintained libraries.
    Freedom of Information Act
    The Freedom of Information Act (FOIA), enacted in 1966, generally provides that any person has the right to request access to federal agency documents or information.
    Presidential Recordings and Materials Preservation Act of 1974
    Presidential Recordings and Materials Preservation Act (PRMPA) applies only to the Nixon Presidential Materials.
    Presidential Records Act of 1978
    The Presidential Records Act (PRA) of 1978 governs the official records of Presidents and Vice Presidents created or received after January 20, 1981.
    Presidential Libraries Act of 1986
    The Presidential Libraries Act of 1986 made significant changes to Presidential Libraries, requiring private endowments linked to the size of the facility.
    Executive Order 12958
    Signed by President Clinton on April 17, 1995, Executive Order 12958 mandates a review of classified documents older than 25 years. Executive Order 12958 was amended by Executive Order 13292 on March 25, 2003.
    Presidential Historical Records Preservation Act of 2008

    Controversially, about 5 or 6 years into the Clinton Foundation's life, the directors of the Clinton Presidential Library began to exploit the privileges and to interpret the provisions which apply to all Presidential Libraries so broadly that the original purpose of the foundation has been obscured.

    The Clinton Foundation was founded 3 years before Clinton left the White House by 3 citizens of the former President's home state Arkansas. Its statement of purpose and the approvals for it to operate as a charitable tax exempt foundation were the same as the 12 other Foundations established under the Presidential Libraries Act.

    Screen Shot 2016-09-03 at 5.51.30 am





    During his presidency Clinton famously debated the meaning of the word "is".

    He continues his presidential tradition of semantic debates with the Clinton Foundation's unique interpretation of what operating a "Presidential Archival Depository" means.

    Initially the Clinton Foundation "honoured the legacy" of the Clinton Presidency.

    Clinton extended the meaning of honouring the legacy into continuing the "work" of his Presidency.

    By the time Clinton started soliciting donations from Australian taxpayers, honouring the Clinton Legacy included a range of dubious activities with suspect partners around the world - including lobbying foreign governments to assist Clinton Foundation donors to buy uranium mines and other continuations of the Clinton Presidential code of personal conduct.

    Screen Shot 2016-09-03 at 5.49.47 am

    The Clinton Foundation is continuing the "work" of Clinton's presidency in ways that reflect the worst excesses of his time in office.

    On 24 January 2001 the Washington Post delivered this lead editorial as the Clintons moved out of the White House, taking with them a substantial inventory of household goods including $190,000 of home furnishings solicited as gifts to order.
    Count the Spoons

    The list makes it sound as if the Clintons registered for wedding gifts: some $22,000 worth of china, including several gifts of about $5,000 each; about $18,000 for flatware, some in similar increments; $19,900 for two sofas, an easy chair and an ottoman; $3,650 for a kitchen table and four chairs; $2,993 for "televisions and DVD player." Denise Rich of New York, also a significant campaign contributor whose fugitive former husband Mr. Clinton pardoned in the final hours of his presidency, provided two coffee tables and two chairs valued at $7,375.

    The list demonstrates again the Clintons' defining characteristic: They have no capacity for embarrassment. Words like shabby and tawdry come to mind. They don't begin to do it justice.


    Screen Shot 2016-09-03 at 5.11.27 pm
    In addition to its $100M in direct donations, the Australian Government has paid more than $100 million for the purchase of pharmaceuticals from companies that have suspect financial arrangements with the Clinton Foundation.

    Australian aid money was spent buying drugs from the Indian manufacturer Ranbaxy during the time when Ranbaxy was selling adulterated and worthless tablets that killed people.

    Several shady Indian businessmen were made into wealthy shady Indian businessmen through Clinton's arrangements exploiting the removal of patents and other trade protections from expensive brand name drugs for delivery to patients in designated developing countries. While Clinton claims credit for "negotiating" reduced price lists for HIV/Aids drugs, the lower prices for HIV/Aids medicines were the result of World Trade Organisation negotiations and lobbying of many governments, notably George Bush's for the removal of patents protections and other competitive restraints on the importation of brand name pharmaceuticals into developing countries.

    It is not clear why the Clinton Foundation has received so much Australian taxpayer funding when the legislation under which it is established precludes its own federal government from funding it.

    Nor is it at all clear why Australian taxpayers should donate $100M to "honour the legacy and continue the work of the Clinton Presidency" when we have provided no money to honour the legacies held at these foundations;

    Herbert Hoover Library
    Franklin D. Roosevelt Library
    Harry S. Truman Library
    Dwight D. Eisenhower Library
    John F. Kennedy Library
    Lyndon B. Johnson Library
    Richard Nixon Library
    Gerald R. Ford Library
    Jimmy Carter Library
    Ronald Reagan Library
    George H. W. Bush Library
    William J. Clinton Library
    George W. Bush Library

    The exposition of emails in former US Secretary of State Hillary Clinton's private email server show the Clinton Foundation's role as receiver for the "pay to play" solicitation of tax-deductible bribes now developing in the United States.

    Emails released just this past week by Judicial Watch include this intercession by "wjc" through his staff to his wife the Secretary of State, seeking special treatment for a significant donor to the Clinton Foundation.

    A July 27, 2009, exchange of emails begins with Abedin advising Clinton scheduler Lona Valmoro that “wjc” (William Jefferson Clinton) wants special treatment for high-dollar Foundation donor and Dow Chemical’s CEO Andrew Liveris. Dow donated between $1 million and $5 million to the Clinton Foundation, making it one of the largest corporate donors in Foundation history.

    From: Huma Abedin This email address is being protected from spambots. You need JavaScript enabled to view it.

    To: Valmoro, Lona J

    Sent: Monday, Jul 27 06:02:01 2009

    Subject:

    Wjc wants to be sure hrc sees Andrew Liveris, ceo of dow tomorrow night. Apparently he is head of us china business council. Is he definitely going to be there?

    From: Valmoro, Lona J [This email address is being protected from spambots. You need JavaScript enabled to view it.

    Sent: July 27, 2009 6:03:54 AM

    To: Huma Abedin

    Subject: Re:

    I will check. He declined our invitation to dinner tonight at State.

    From: Valmoro, Lona J

    Sent: Monday, July 27, 2009 9:24:08 AM

    To: Huma Abedin; Narain, Paul F [Clinton aide]

    Subject: Re: CEO of dow

    Paul, Andrew Leveris, CEO of Dow Chemical, is going to be at the dinner tomorrow night. We would like HRC to see him, perhaps they can do a brief pull aside upon arrival. Huma, would that work for you?

    From: Huma Abedin [This email address is being protected from spambots. You need JavaScript enabled to view it.]

    Sent: Monday, July 27, 2009 9:24:55 AM

    To: Valmoro, Lona J, Huma Abedin, Narain, Paul F

    Subject: Re: CEO of dow

    Yes pull aside on arrival

    From: Narain, Paul F

    Sent, Monday, July 27, 2009 7:56 PM

    To: Valmoro, Lona, Abedin Huma

    Subject: RE: CEO of dow

    Lona, I have arranged this pull aside for on the arrival in the Hold Room across the hall from the ballroom, immediately prior to the Secretary’s entrance and remarks.

    More than 50% of Secretary of State Clinton's meetings with parties from outside the United States Government took place only after the party had donated a significant sum of money to the Clinton Foundation.

    Screen Shot 2016-09-03 at 5.21.47 pm
    Former Australian Prime Ministers Rudd and Gillard were featured participants in New York at the annual Clinton Global Initiative. Bill Clinton introduced Rudd as one of "the smartest, most well read and intelligent leaders in the world today" to the crowd of global leaders in town for the UN leaders week around which the CGI is based.

    In March 2008 Rudd was recorded whispering "let me know if there's anything we can do to help" to a fundraising Hillary Clinton in presidential campaigning mode.

    One week before the September 2008 Clinton Global Initiative, Rudd announced an unbudgeted $400M white elephant called the Global Carbon Capture and Storage Institute.

    When Rudd appeared at the CGI that year he signed an MOU between the Australian Government and Clinton declaring a partnership with the Clinton Foundation Climate Initiative and the yet to be incorporated Global Carbon Capture Institute. The Commonwealth donated $10M to Clinton before December 2008 and that donation was "novated" from the books of the Commonwealth to the off-balance-sheet GCCI after its incorporation. Unfortunately for Mr Rudd, the Clinton Foundation reported the Australian Government as donor.

    Hillary Clinton was Gillard's personal tour guide and interlocked fingers hand-holder during her 2012 CGI week of appointments in New York, paving the way for Gillard's post-retirement sinecures.

    Clinton had 3 months left to exploit the pay to play cash generated during her term as US Secretary of State and her price was at its peak. 3 days before Gillard left for the CGI, Greg Combet announced the deal under which the Clinton Foundation would be paid $14M for work he'd already been paid for by the Rockefeller Foundation using systems, software and expensive purpose built platforms paid for by the Australian Government.

    Australians are entitled to know where their money went, who sent it, what it was used for and why the Clinton Library is worthy of our donations.

    Screen Shot 2016-09-03 at 5.22.48 pm


    The history of the unique US Presidential Library system



    Short of death, a mid-term electoral disaster or impeachment, America’s heads of state lead the nation for eight years.

    America has no castles nor formal dynastic succession with ancestral homes displaying collections through the ages.

    America's Presidential Libraries are intended to be symbols of the country's egalitarian values and its government by for and of the people.

    Without a hereditary monarchy, it’s America’s Presidents who mark out the chapters of America’s history as it happens. Presidents are tied to the big things like the December ‘41 date that will live in infamy, the 11th of September terror attacks and all the way with LBJ to war in Vietnam. President Kennedy inspired mankind’s giant leap to the moon and when Walter Cronkite announced that he “died today at 1PM” history froze for millions who’d remember tiny details about that moment in time for the rest of their lives.



    Screen Shot 2016-09-03 at 5.31.03 am
    Like the layers of rock that hold earth’s history, each American President’s time in office captures unique insights into a chunk of the nation’s timeline.

    It was President Roosevelt who first noted the amount of priceless historical material his time in The White House produced.

    Roosevelt felt that Presidential papers are an important part of the national heritage and should be accessible to the public. He sought out expert historians, librarians, archivists and curators to help create an institution to house and display the artefacts of his time.

    On 10 December 1938 a non-profit entity was incorporated with a charter to raise money for the construction of the Roosevelt Presidential Library to be built on Roosevelt’s Hyde Park estate.

    An admirable element of the evolution of this program is the mandating of a private foundation raising private donations to build and fund the operations of each library. That important consideration means no politician should be able to direct funds to the personal aggrandising of a politicial fellow traveller or himself.

    No US taxpayer funding has been provided for any Presidential Library. In every case, community-minded citizens have come together to create a not-for profit charitable foundation to raise the money to construct and operate the Library.

    After the Roosevelt foundation's success, Harry S. Truman decided in 1950 that he, too, would build a library to house his Presidential papers. In 1955, Congress passed the Presidential Libraries Act, establishing a system of privately erected and federally maintained libraries. The Act encouraged other Presidents to donate their historical materials to the government and ensured the preservation of Presidential papers and their availability to the American people.

    Under this and subsequent acts, more libraries have been established. In each case, donations were raised by a non-profit charitable foundation specifically established to fund the library. Once completed, the private organization turned over the libraries to the National Archives and Records Administration to operate and maintain.

    Until 1978, Presidents, scholars, and legal professionals held the view dating back to George Washington that the records created by the President or his staff while in office remained the personal property of the President and were his to take with him when he left office. The first Presidential libraries were built on this concept.

    The Presidential Records Act of 1978 established that the Presidential records that document the constitutional, statutory, and ceremonial duties of the President are the property of the United States Government. The Act provided for the continuation of Presidential libraries as the repository for Presidential records.

    The Presidential Libraries Act of 1986 also made significant changes to Presidential libraries, requiring private endowments linked to the size of the facility. The US national archives uses these endowments to offset a portion of the maintenance costs for the library.

    President Reagan’s Presidential Library is huge. It houses the actual Air Force One aeroplane from Reagan’s time in office

    President Ronald Reagan often spoke of America as a “shining city on a hill,” and the Ronald Reagan Presidential Library perched on top of a hill in California seems like a realization of that vision. The Reagan Library complex, with its huge expansion to house a decommissioned Air Force One, is by far the largest presidential library. At 240,000 square feet it is 90,000 square feet larger than the runner-up, the William J. Clinton Library in Little Rock, Arkansas.

    Reagen's may be the most extensive foundation physically. But no presidential foundation comes close to the spread of tax exempt business operations established by the Clinton Foundation to raise and spend incredible amounts of money used to fund the continuing Presidential Lifestyles of the Rich and Famous Clinton Family.

    The physical building is but a small part of "continuing the work" of the Clinton Foundation's operations. The opacity of its financial accounts make it difficult to match donations given to revenues reported, however it's easy to see the links to donations and the timing of meetings or other favourable decisions for donors.

    In most jurisdictions, bribery or the solicitation or offering of a secret commission is illegal.

    Establishing a scheme where a bribe or secret commission is a tax deductible donation would be likely to engage the interest of most national regulators.

    It appears that it's possible for a country like Australia to engage the Clinton Foundation on an ostensible fee for service basis for a large and usually round number.

    In return for the fee for service, the Clinton Foundation delivers a few photographs representing its shovel ready dealings in a 3rd world jurisdiction in return for the large round number from the funder, regularly that's Australia.

    The potential for favours to accrue to the political approvers behind the transfer of taxpayer funds to the Clintons is an obvious invitation to malfeasance.

    It may all be innocent. It may be that Australian politicians are uniquely naive to the possibility a global celebrity like Bill Clinton might have in his past indicators of dishonesty or an intention to deceive. There may be other more sinister explanations for the Australian Government to cause more meaningful inquiries into the obvious concerns swirling around the Clintons and our money.

    Putting to one side the motivations, the facts about our money aren't in dispute. We sent it, the Clintons spent it.

    $100M donated to the cause of consecrating a Clinton shrine is a very big taxpayer investment. Perhaps it's time it was delved more deeply into.


    February 22 2006 - The Australian Government signs a $25M Memorandum of Understanding with Bill Clinton

    Here are former Foreign Minister Alexander Downer and current Foreign Minister Julie Bishop signing the first MOU with Clinton and the second MOU expunging some of the uncomfortable recitals of the first.

    Screen Shot 2016-09-03 at 6.32.52 pm

    This paper provides a summary of more detailed analysis of the $25M donation Clinton solicited from the Australian Government which can be found here.

    www.michaelsmithnews.com/2016/03/backgro...ve-incorporated.html

    www.michaelsmithnews.com/2016/03/foreign...hivaids-initiat.html
    Pavlova sittings, golf, wet T-shirt competitions and the millions Bill ...
    Editorial - the lying conman behind the Clinton Foundation frauds on ...
    Warning signs for Australia that Bill Clinton was way off the straight ...
    Bill Clinton and Australian officials in CHAI multi-million $$$ fraud and ...
    Bill Clinton's a lucky bloke, he might avoid a fraud conviction in ...

    During the period under my review, the Clinton Foundation's "audited" financial reports showed that it maintained bank accounts in Asia, South America and Africa. Papua New Guinea was the most significant area of Australian taxpayer funded operations under the $25M MOU (PNG operations received $15M).

    Contemporaneous with the start date of the funding agreement for the Australian funded PNG operations, the Clinton Foundation HIV/Aids Initiative -PNG Inc was unlawfully incorporated by the PNG regulator.

    Under PNG law the lowest level of oversight for an incorporated entity applies to incorporated associations. The structure is typically offered to groups of altruistic citizens who can prove their members are jointly engaged in pursuits like children's washing children's football guernseys, judo, ladies lawn bowling or the creation of patchwork quilts and complex knitted garments. Laundering money through a patchwork of complex international transfers is an unusual reason for the regulator to allow incorporation, because as well as the low level of financial activity expected of an incorporated association, there is no requirement for it to lodge a financial return of any type to anyone. Ever.

    The Clinton Foundation reported spectacular growth in its offshore (ie offshore from its home jurisdiction, the USA) accounts after funds commenced to flow following the incorporation of its clinton foundation association with the tea-club level of scrutiny in 2006. These amounts are drawn from a series of Clinton Foundation financial accounts filed at its early website.

    Screen Shot 2016-09-03 at 6.11.19 pm

    The money held in those offshore accounts was not transferred from the Clinton Foundation's US entity. It was deposited and the accounts were operated in countries which share the dubious distinction of joint appearances near the bottom of the Transparency International corruption index. In many of these countries it's not unknown for regulators to eschew diligent law enforcement for financial friends.

    The amounts above are what the Clinton Foundation reported as year end balances. Who knows what transactions took place or what bagman tours of the third world were conducted in between.

    More details about the Clinton Foundation's offshore bank accounts and the specific countries are filed with the IRS, here's a screenshot of the 2005 jurisdictions.

    Screen Shot 2016-09-03 at 6.19.05 pm

    www.clintonfoundation.org/files/2005_Audit.pdf

    And here's 2006 (the first few months of Australia's $25M MOU with the PNG association established in late August).

    Screen Shot 2016-09-03 at 6.17.55 pm

    www.clintonfoundation.org/files/clinton-...cial-report-2006.pdf

    The US IRS appears to take little interest in the incorporation of associations in PNG and their bank accounts. So Australians would hope their government's level of oversight of the Australian millions donated to the Clintons in PNG was closely examined for probity breach potential.

    Unfortunately, the Australian Government seems to share the IRS disinterest. Our government routinely reports on its payments to the Clinton Foundation in a manner that discloses poor due diligence and lack of understanding about the donations the Foundation solicits.

    The Clinton Foundation was a single legal entity during the period of our 22 February MOU funding 2006-2009. The MOU is imprecise as to the Clinton entities covered by the agreement, the Clinton Foundation appears in the headings and recitals, while Clinton (then a disbarred lawyer and not a fiduciary or authorised representative of either entity) signed for the Clinton HIV/Aids Initiative Inc.

    The Clinton Foundation HIV/Aids Initiative Inc (CHAI) was a separately incorporated non-profit corporation which existed until dissolved by regulators for breaches of financial reporting legislation effective 31 December 2007.

    The Clinton Foundation claim that the CHAI was merged into the Clinton Foundation on 31 December 2005 is false. A merger of two non-profit corporations requires the non-surviving entity to be dissolved, while some assets moved between the entities, the CHAI Inc maintained its registration as a separate trading entity and its directors remained as officers of the entity until its dissolution.

    On 8 March 2015 Australia's DFAT sent me a statement in response to queries I made about Australian donations solicited by Clinton.

    The statement reads:

    “Former US President Bill Clinton signed a Memorandum of Understanding (MOU) with the Australian Government in 2006 in his capacity as the Founder and Representative of the William J Clinton Foundation. The MOU is a non-binding cooperation agreement with the intent to fight HIV/AIDS in China, Vietnam and Papua New Guinea. All funding arrangements are accompanied by specific legal funding agreements with specified outcomes, deliverables, budgets and conditions. No donations were provided to the Clinton Foundation.”

    “All DFAT funding agreements are with Clinton Health Access Initiative - a separate legal entity from Clinton Foundation since 2010 – to deliver HIV/AIDS treatment to a range of Asia-Pacific countries.”

    For your background, the “range of measures concerning transparency and accountability” of the Foundation mentioned in DFAT’s briefing document refers to an agreement between the Clinton Foundation and the US Government concerning Hillary Clinton’s nomination as Secretary of State. It bears no relation to the Australian Government’s funding agreements with Clinton Health Access Initiative.

    Firstly to the "funding arrangements accompanied by legal funding agreements with specified outcomes, deliverables, budgets and conditions".

    I have reviewed the Independent Completion Reports and other documents regarding the Funding Agreements DFAT agreed with the Clinton HIV/Aids Initiative Inc. It's significant that the ICR reports lament the absence of "specified outcomes and deliverables".

    Here is my analysis of the ICR in respect of the PNG donation to Clinton.

    www.michaelsmithnews.com/2016/08/aust-go...-we-paid-anyway.html

    The ICR paints a frightening picture of an Australian Government aid program that handed over more than $11M to the Clintons - and as the report says did it with:

    no statement of project goal or purpose,
    no clear Program Area objectives and
    no targets

    The Australian Government need not burden taxpayers with the cost of further enquiries to establish the nature of is donations to the Clintons. The Clinton Foundation exhibits the details on its returns to the IRS justifying its tax-exempt privileges.

    The Clinton Foundation is explicit about the tax-exempt purpose for which it is authorised to do business - that is honouring Bill Clinton's legacy through a Presidential Library. Clinton's extension of "honouring the legacy" by "continuing the work" of his presidency is quoted on the Foundation's annual returns as the purpose for which the Foundation solicits donations. At some point the IRS may investigate and even revoke the extended "continuing the work of the Clinton Presidency" extension of the Clinton Foundation's authorised tax-exempt status, but as to the circumstances that prevailed during 2006-09 and continue to today, the Library and Clinton worship is the purpose for which each and every revenue dollar is received.

    IN each of the years 2006-09, the Clinton Foundation reported that 100% of its revenues were donations made for the purpose set out in its authority for tax exemption.

    Screen Shot 2016-09-03 at 7.15.41 am Screen Shot 2016-09-03 at 7.16.00 am
    In those two questions filed with the Foundation's annual IRS returns, the Clinton Foundation confirms that every cent it received is a deductible donation (from the payer's tax, whether claimed or not) made for the purpose of honouring Clinton.

    The Financial Reports also display to donors and the general public, including the Australian Government this precise definition of the way the Foundation treats any and all revenue.

    Contributions

    Gifts of cash and other assets received without donor stipulations are reported as unrestricted revenue and net assets. Gifts received with a donor stipulation that limits their use are reported as temporarily or permanently restricted revenue and net assets. When a donor stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Gifts that are originally restricted by the donor and for which the restriction is met in the same time period are recorded as temporarily restricted and then released from restriction.

    DFAT can put whatever spin it wants on the loose agreements that accompanied the millions we sent to the Clintons. The facts are that each payment of our money was solicited by the Clintons as a donation, was received and accounted for as a donation and the purpose for which that donation was paid was the very loose and arguable "continuing the work" or lifestyle of Bill Clinton's Presidency through a library foundation. That a poorly executed AIDS initiative in PNG is part of that purpose of praising Clinton is very much incidental.

    The nett effect of the way the Clintons solicited and received our money is that after the period of time covered by DFAT's contracts was completed, 100% of our money was immediately released into the consolidated Clinton donations pool to be spent as the Clinton Foundation sees fit. One way it's spent our money is to employ people and contractors who've been assigned to the Hillary Clinton campaign teams, either at ostensible arms length or in many instances working within the Clinton Foundation. It's a concern that DFAT's misunderstanding of the nature of the Clinton Foundation and the matters displayed in the notes to its financial returns is so materially wrong - and that as a result Australia is donating money that it can't control and which is being used to support a candidate for election as President of the United States.


    Australia's claim that Bill Clinton is the founder of the Clinton Foundation is false

    One of Sydney's harbour ferries is the Dawn Fraser. The Australian swimming champion was honoured to have a small ship named in her honour, but she's never asserted rights to the ticket money or late night parties on board with friends.

    The claim that Bill Clinton founded the Clinton Foundation is false - and his perjury and propensity to lie publicly and under oath are relevant factors in the Australian Government's assessment of its history of donating money in answer to Clinton's solicitations.

    Like the other presidential libraries, the “William J Clinton Presidential Foundation” was founded on 23 October 1997 by 3 citizens from Arkansas. Bill Clinton was 10 months into his final 4 year term as President. During 3.25 years he had to run in that term he’d be impeached, charged with perjury, found in contempt of court and disbarred as a lawyer. Doing the legwork to create a foundation to honour his legacy may not have been his top personal priority.

    Clinton’s perjury and disbarment disqualified him from acting as an officer or authorised representative of a US charitable organisation, so it’s an important background consideration in the context of the donations he has solicited from Australian taxpayers.

    During 1995/97 President Clinton and 22 year old Monica Lewinsky maintained a clandestine sexual affair. Nine known sexual encounters took place in the Clinton family home and Hillary Clinton was present in the home for 7 of them. Lewinsky started out as an Intern in the President’s office but in April 1996 her supervisors transferred her to The Pentagon because of the amount of “time” she was spending with Clinton.

    Ms Lewinsky confided her distress at being moved along with details of the affair to a friend Linda Tripp who also worked at The Pentagon. Tripp told Lewinsky to retain the gifts Clinton had given her and not to dry clean a semen stained blue dress. Ms Tripp also spoke to a literary agent Lucianne Goldberg who advised Tripp to record her telephone conversations with Lewinsky and Tripp started doing that in September 1997. Goldberg started briefing reporters about the Lewinsky affair but no media outlet would report the story.

    Around that time Bill Clinton was being investigated over the Whitewater scandal, White House interference in FBI files and the sacking of the longstanding White House Travel Office who were replaced by friends of the Clintons. Clinton was also being sued by at least one former lover Ms Paula Jones.

    In January 1998 Lewinsky told Tripp that she’d sworn a false affidavit denying her affair with Clinton for use in Clinton’s defence in court in the Paul Jones matter. Lewinsky asked Tripp to lie under oath about their conversations. As a result, Tripp delivered the tape recordings of her conversations with Lewinsky to Independent Counsel Kenneth Starr.

    Goldberg wanted to sell books and she tried to sell the story into a range of mainstream media with the lurid details of the gifts, the semen stained dress and the recorded conversations. Still no main stream media outlet reported the story.

    On 17 January 1998 a conservative website run from the home of its founder Matt Drudge reported that Newsweek was sitting on a story by reporter Michael Isikoff (a friend of Goldberg) about Clinton’s affair with Lewinsky. On 14 January 1998 the Washington Post followed up on the Drudge Report’s story. Reporting of the Lewinsky scandal became a very big mainstream story.

    The story swirled in the media and as details emerged Clinton was under pressure to answer specific allegations about Lewinsky.

    Clinton had sworn a deposition in the Paula Jones matter in which he denied allegations put by the Jones legal team of "similar fact" or "propensity" conduct on the part of Clinton with Ms Lewinsky.

    The public wanted to know if Clinton could explain why Ms Lewininsky turned her mind to the Paula Jones proceeding swore an affidavit that supported Clinton but was at odds with the recorded conversations she'd had with Tripp. Or why Lewinsky asked her friend Tripp to lie under oath about her conversations regarding Clinton.But most directly, importantly, and problematically for Clinton was the request for him to explain the presence of the unique evidentiary DNA recovered from the contribution squirted on Ms Lewinsky's blue dress.

    By 24 January 1998 President Clinton recognised the public wanted answers. And Bill gave them answers. Totally false but answers nonetheless.

    At a Press Conference with his wife Hillary by his side and Vice President Gore standing behind him Clinton spoke about unrelated matters for a lengthy warmup, then looked down the barrel of the camera to deliver this famous statement:

    Now, I have to go back to work on my State of the Union speech. And I worked on it until pretty late last night. But I want to say one thing to the American people. I want you to listen to me. I'm going to say this again: I did not have sexual relations with that woman, Miss Lewinsky. I never told anybody to lie, not a single time; never. These allegations are false. And I need to go back to work for the American people. Thank you.



    On 27 January Hillary Clinton went on the NBC Today show to support Clinton lies with her own. ”The great story here for anybody willing to find it and write about it and explain it is this vast right-wing conspiracy that has been conspiring against my husband since the day he announced for president.”

    Because Bill was dealing with this matter and the subsequent prosecutions, impeachment, fines, perjury charges and disbarment as a lawyer for 5 years over his contempt for court proceedings and the truth, Bill didn't have much spare time left to be the Founder of a Library.

    Skip Rutherford and 2 other locals were the founders of “The William J. Clinton Presidential Foundation”, a “Presidential Archival Depository” ( defined in 44 USC Sec 2010(c)) incorporated as a Non-Profit Corporation by the Secretary of the US State of Arkansas.

    The Clinton Foundation which Australia's DFAT says was founded by Clinton may have metastasised as a function of his influence, but he's not the founder.

    In 1997 the 3 founding officers of the Clinton Foundation applied to the US IRS for registration as a 501(c)(3) charitable foundation exempt from income tax. The IRS formally registered the Clinton Foundation as a charitable foundation in 1998 and as of today the only purpose for which it’s registered to trade is the operation of the Presidential Archival Depository set out in the original 1997 application.

    Because the Clinton Foundation operates as a 501(c)(3) charitable foundation, money it receives is recorded and treated at law as donations. A donation is a gift - while donations to a 501(c)(3) may be “tied” to a particular purpose, the recourse for those who make donations and later become dissatisfied is different from a client or customer purchasing a service or goods that turn out to be deficient. Likewise the Clinton related purpose to which the Foundation puts our donated money may be something vastly different from the intention conveyed to Australian taxpayers.

    In each of the Australian Government’s dealings with the US based Clinton Foundation the Australian Government has donated money for Clinton’s Foundation to do with it what it will.

    At the time Clinton personally signed the 2006 MOU with Alexander Downer he was not authorised to act for the US Registered 501(c)(3) charity because, unique among the presidents, he had a perjury finding against him and was a disbarred lawyer as a result.
    Which entity did Clinton represent at the MOU signing?

    Until 2013 William J. Clinton was not an officer or fiduciary of the Foundation. He was not a fit or proper person to be an officer of a 501(c)(3) from 2001 to 2006, the period during which he was a disbarred lawyer following court judgements against him for lying under oath. Nor could he represent or act for the Foundation under a Power of Attorney.

    The “Clinton Foundation HIV/Aids Initiative Inc” (which marketed itself as “CHAI”, a very widely used and popular acronym) was incorporated in March 2004. It was registered with Massachusetts corporate regulatory authorities and operated as a separate discrete entity from the Clinton Foundation from a head office at 225 Water Street Quincy, Massachusetts.

    CHAI applied for 501(C)(3) registration for the purpose of distributing HIV/Aids medicines and strengthening health systems but was knocked back. It was apparently never registered as a 501(c)(3) for that purpose. The US laws about charitable foundations is replete with cases where a charity sought to compete with the conventional business and trade of the free market economy, in particular in the pharmaceutical industry. Governments levy taxes on all sorts of businesses who could argue they act as a community good. Distributing pharmaceuticals with a tax exemption in order to undercut existing distributors of pharmaceuticals who pay taxes is not a charitable purpose in the United States.

    It's a particularly odious basis upon which to claim tax exemption from US taxes when the major financial beneficiaries are dubious characters from India like the friends of the Clintons in the deadly drug manufacturing company Ranbaxy.

    www.michaelsmithnews.com/2016/03/who-car...-that-will-make.html

    6a0177444b0c2e970d01b8d20e4cec970c-pi.png
    The sordid history of Australia's deals to 'facilitate' the Clinton Foundation's access to Asia

    On 23 October 2003 The Clinton Foundation announced that it had negotiated price reductions for the supply of HIV/Aids drugs with the following companies:

    Aspen Pharmacare Holdings Ltd., of Johannesburg, South Africa;
    Cipla Ltd., of Mumbai, India;
    Ranbaxy Laboratories Ltd., of Delhi, India; and
    Matrix Laboratories Ltd., of Hyderabad, India.

    The agreement covered antiretroviral drugs (ARVs) for delivery to African countries and the Caribbean through the Clinton Foundation HIV/AIDS Initiative. Business for those pharma companies went through the roof.

    Screen Shot 2016-09-03 at 8.07.33 pm

    Screen Shot 2016-08-15 at 7.39.06 amThat's Indian pharma executive and conman Nimmagad PRASAD on the right behind Clinton. Prior to the Clinton deal PRASAD bought a rundown Indian pharmaceutical company and renamed it Matrix Laboraties.

    The deal with Clinton was very good for him.

    He sold most of Matrix to the US pharma company Mylan and by 2006 had taken his initial investment of Indian Rs. 30Million ($500K AUD) to 5.7Billion ($110M AUD).

    In 2012 he was charged with corruption and jailed for 17 months.

    Ranbaxy's history is worse. By 2004 Ranbaxy was on notice of a formal investigation by the World Health Organisation over the sale by Ranbaxy of adulterated and worthless drugs labelled as the genuine article. In May 2013 Ranbaxy paid a record fine of USD $5ooM to settle the US Department of Justice criminal complaints. As the final US DoJ details settling the long running and very public case against Ranbaxy were completed, Bill Clinton jetted off to India to give what he thought was a private paid speech praising Ranbaxy and its executives. This is from the Indian Times, April 2013.

    Screen Shot 2016-08-15 at 7.50.31 am

    Australia is implicated in the Ranbaxy scandal. On 23 March 2013 a DFAT official wrote to me:

    “Prior to 2013, a small amount of Australian aid money was expended on Ranbaxy pharmaceutical products in Papua New Guinea to support the PNG Government’s health programs.”

    Kind regards

    Media Liaison Officer

    Department of Foreign Affairs and Trade

    At least $100M of taxpayer funded Australian aid money has been used in the purchase of pharmaceuticals under a relationship established between the Clinton Foundation and the Australian Government in February 2006. That is in addition to amounts donated directly to the Clinton Foundation.

    Prior to his jailing, the pharmaceutical purchases were explained by Matrix Laboratories Mr Prasad,speaking here to DNA India in 2009.
    Bill Clinton "facilitated" the deals

    Screen Shot 2016-08-15 at 8.10.17 am

    After working his way forward from being a professional executive in a pharma company to a promoter of the pharma major Matrix Laboratories, Nimmagadda Prasad is now an entrepreneur with interests in multiple and unrelated segments. After handing over Matrix to Mylan, the focus now is on managing the investments with an objective of creating pancha ratnas (five jewels), Prasad reveals in an interview. Excerpts:

    After handing over Matrix Labs to Mylan, you seem to have turned into a serial entrepreneur. Are you still with the pharma sector or is there any plan to diversify into new areas?
    Yes, after Matrix, I started looking at various other sectors basically from an investment point of view. But, even during the Matrix days, I was keen on evaluating options in other areas. With that plan in mind, I had decided to create pancha ratnas (five jewels) for myself to invest. .....................

    From being a citalopram player, Matrix has played its cards to ally with former US president Bill Clinton to sell anti retrovirals (ARVs) in some developing markets. How much revenue does the Clinton Foundation provide to Matrix?
    The Clinton Foundation does not buy anything from us. They only facilitate the supply of drugs to affected markets by creating the necessary logistics. At a time when Indian products did not have much credibility in the market, the Foundation gave buyers the required confidence about the products. They had set up the distribution channels. They prepared the protocols for compliance and guided the teams in the affected countries on usage of the drug.

    Do you discuss price with the Foundation?
    Yes, even today, the Foundation negotiates with us on the price. But they don’t buy it directly. They negotiate the price on behalf of the governments willing to buy the product.

    ENDS

    And Australia was there with more than $100M of taxpayer money buying often useless Clinton "facilitations".

    The Clinton Foundation claimed in its 2005 annual financial return that the Clinton HIV/Aids Initiative Inc had been merged into the Clinton Foundation. That claim is false. The CHAI entity continued to exist as a separate registered corporation until it was dissolved by the Massachusetts regulator in March 2008 for failing to file financial returns.

    In its 2005 filing with the IRS, the Clinton Foundation disclosed its relationship with the Clinton Foundation HIV Aids Initiative Inc (note the "Inc' referring to a separate incorporated entity).

    Screen Shot 2016-09-03 at 8.10.50 pm


    DFAT originally described the MOU as a partnership with the William J. Clinton Foundation.

    pastedGraphic.png



    Australia was to provide $25M to be supplemented by Clinton Foundation funding for projects in China, Papua New Guinea and Vietnam over 4 years. Separate funding agreements were to be negotiated for each country/project.

    Austender details record the actual contracts under the MOU as being between DFAT and the Clinton HIV/Aids Initiative with its address in Water Street, Quincy - i.e. the entity that was dissolved during the term of these contracts.

    Independent completion reviews of the CHAI contracts were damning. The reviews reported there were no agreed outcomes established at the beginning, no performance indicators or milestones, no targets to be met before payments were made and no means to effectively monitor the CHAI in the countries in which they operated.

    A $15M contract for PNG is reported as having a commencement date of 14 August 2006, however Austender did not publish details of the contract award until July 2010. The independent review of the contract found there was no clear start date, no agreed deliverables, and no document recording what the Clinton Foundation was to deliver and when.

    In the second half of 2006 a young graduate from New York who was working as an accounts payable clerk in a compensation authority was appointed as the PNG head for the Clinton Foundation HIV/Aids Initiative. He had no experience in HIV/medicine/start-ups or PNG.

    www.michaelsmithnews.com/2016/08/warning...d-narrow-in-png.html

    At the MOU signing in February 2006, Bill Clinton acknowledged the new PNG head’s predecessor Ruby Shang. Ms Shang was the head and only Clinton employee for not only PNG but of all Asia/Pacific operations for the Clinton Foundation. Simultaneously, Ruby Shang ran the family earthmoving equipment dealership for Caterpillar in Vietnam, Clinton operations in PNG, Indonesia, Vietnam and China that Australia was paying for as well as providing the Clinton Foundation’s climate change expertise.

    Screen Shot 2016-09-03 at 8.46.31 pm

    PNG law requires registration of foreign entities or the incorporation of a PNG corporation before foreign businesses can trade or open accounts in PNG.



    To receive payments due to it in PNG that second half of 2006, the Clinton Foundation somehow secured the obviously unlawful and improper incorporation of an incorporated association named the “Clinton Foundation HIV/Aids Initiative - PNG”. It was unlawfully registered by the PNG regulator even though no rules or objects of the association were produced, there was no evidence of a committee agreeing to nominate and authorise a representative to apply for incorporation and despite the unwaivable requirement for 30 days to elapse after an intention to incorporate was advertised (to allow for objections), the Clinton Foundation HIV/Aids Initiative Inc was incorporated on the day the application was hurriedly lodged.

    www.michaelsmithnews.com/2016/08/the-ill...apua-new-guinea.html

    Screen Shot 2016-09-03 at 8.51.35 pm


    The Clinton Foundation was receiving money from other funders in at least PNG and Indonesia for work that Australia was paying for.

    www.michaelsmithnews.com/2016/08/warning...d-narrow-in-png.html


    Screen Shot 2016-08-26 at 4.08.23 pm

    Read More...
    1 month ago
  • Slater and Gordon shares smashed to pieces - record low - continues to bleed cash
    Thursday, 16 February 2017

    Screen Shot 2017-02-16 at 7.49.41 am

    I think Andrew Grech and his generous board might be starting to get the message.

    This line from their try-to-be-upbeat announcement to the ASX explains:

    Slater and Gordon's Australian business has more recently started to show signs of being impacted by negative sentiment about the business



    Screen Shot 2017-02-16 at 7.30.10 amScreen Shot 2017-02-16 at 7.30.24 am

    Screen Shot 2017-02-16 at 7.29.26 am

    Read More...
    1 month ago
  • Charles Ponzi created a new topic ' Trevor Mctaggart's Case' in the forum.
    NSW Crest
    Supreme Court
    New South Wales

    Medium Neutral Citation:
    Premium Green Batts v McTaggart [2011] NSWSC 838
    Hearing dates:
    02/08/2011
    Decision date:
    02 August 2011
    Jurisdiction:
    Equity Division
    Before:
    McDougall J
    Decision:

    Judgment for plaintiff against first defendant in the sum of $2,803,143.24. First defendant to pay plaintiff's costs on solicitor and client basis.
    Catchwords:
    CONTRACT - contract for supply of insulation batts - failure by purchaser to perform obligations under supply contract - enforcement of guarantee and indemnity given by director of purchaser - claim made out - failure of defences - damages awarded in accordance with terms of guarantee.
    Legislation Cited:
    Civil Procedure Act 2005 (NSW)
    Category:
    Principal judgment
    Parties:
    Premium Green Batts Pty Limited (Plaintiff)
    Trevor Shane McTaggart (First Defendant)
    Tarek Bhatti (Second Defendant)
    Representation:
    Counsel:
    J Horowitz (Plaintiff)
    Trevor McTaggart (Self Represented) (First Defendant)
    Solicitors:
    Swaab Attorneys (Plaintiff)
    Trevor McTaggart (Self Represented) (First Defendant)
    File Number(s):
    2010/321321

    Judgment (ex tempore)

    1HIS HONOUR: The plaintiff (PGB) imported glass wool installation batts from China and sold them in Australia. One of its customers (for all I know, its only customer) was a company called Aussie Home Saver Pty Ltd (AHS). PGB's case is that it agreed to sell, and AHS agreed to buy, a substantial quantity of batts, but that AHS has not paid for what was agreed to be sold to it. PGB says, further, that the first defendant (Mr McTaggart) guaranteed the liabilities of AHS to PGB, and agreed to indemnify it against loss.

    2In these proceedings, so far as they remain to be decided, PGB claims an amount of about $2.5 million, plus interest, from Mr McTaggart pursuant to what PGB says is his guarantee and indemnity.

    The sale contract and guarantee

    3PGB provided a quotation to AHS on 20 October 2009, for the sale of 100 containers of batts per month (the batts being of a specified kind) delivered to Melbourne, for a period of three months. The payment terms stipulated in the quotation were for a deposit of five percent on order and for payment per container 14 days after delivery. On the same day, PGB sent AHS a proposed delivery schedule for the containers to which I have referred. The delivery schedule was later revised, but nothing I think turns on this.

    4On 28 October 2009, AHS gave PGB its purchase order for the supply of the containers (100 per month for a period of three months) in accordance with the quotation. The purchase order was expressed to be "strictly per quote reference" (and there followed the precise reference given on the quotation of 20 October 2009).

    5On the same date, AHS applied for a credit account. That application was signed by Mr McTaggart. He was then, and at all material times has been, a director of AHS.

    6Immediately above his signature, Mr McTaggart certified to the truth and correctness of the information that was given in the document, and as to his authority to make the application on behalf of AHS. He said also that he had "read and understood the terms and conditions of trade" that PGB had furnished, and acknowledged that they were part of, and to be read in conjunction with, the application. He agreed further to be bound by them.

    7At the conclusion, in bold italicised print and immediately above the signature of Mr McTaggart, the following words appear:

    "I agree that if I am a director or a shareholder (owning at least 15 percent of the shares) of the buyer I shall be personally liable for the performance of the buyer's obligations under this contract."

    8There is no doubt that a contract was formed by offer and acceptance through the mechanism that I have just described.

    The terms and conditions

    9The terms and conditions that I have referred to stated, in clause 4.4 that:

    Time for payment for the goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due fourteen (14) days following the delivery date of the goods.

    10Clause 13.3 of the terms and conditions stated:

    If the buyer defaults in payment of any invoice when due, the buyer shall indemnify Premium Green Batts from and against all costs and disbursements incurred by Premium Green Batts in pursuing the debt including legal costs on a solicitor and own client basis ...

    The guarantee and indemnity

    11On 11 October 2009, Mr McTaggart, and another director, executed a document described as "Personal/Director's Guarantee and Indemnity". This document was executed after the contract for supply had been made but, on the evidence, before deliveries had commenced. The introductory words stated that the guarantees and indemnities were given "n consideration of [PGB] at the request of the Guarantor... supplying and continuing to supply goods and/or services ...". The description of the buyer was left blank but as a matter of construction it was obviously AHS. If any point had been taken that no buyer was specified, that could have been cured either as a matter of construction or by rectification. The document stated, in clauses 1 and 2, that the guarantor would:

    1. GUARANTEE the due and punctual payment to Premium Green Batts of all moneys which are now owing to Premium Green Batts by the Buyer and all further sums of money from time to time owing to Premium Green Batts by the Buyer in respect of goods and services supplied or to be supplied by Premium Green Batts to the Buyer or any other liability of the Buyer to Premium Green Batts, and the due observance and performance by the Buyer of all its obligations contained or implied in any contract with Premium Green Batts. If for any reason the Buyer does not pay any amount owing to Premium Green Batts the Guarantor will immediately on demand pay the relevant amount to World Oyster.

    2. HOLD HARMLESS AND INDEMNIFY Premium Green Batts on demand as a separate obligation against any liability (including but not limited to damages, costs, losses and legal fees (as defined hereunder in paragraph (b) hereof) incurred by, or assessed against, Premium Green Batts in connection with:

    (a) the supply of goods and/or services to the Buyer; or

    (b) the recovery of moneys owing to Premium Green Batts by the Buyer including the enforcement of this Guarantee and Indemnity, and including but not limited to Premium Green Batts' nominees costs of collection and legal costs calculated on a solicitor and own client basis; or

    (c) moneys paid by Premium Green Batts with the Buyer's consent in settlement of a dispute that arises or results from a dispute between, Premium Green Batts, the Buyer, and a third party or any combination thereof, over the supply of goods and/or services by Premium Green Batts to the Buyer.

    12For greater precaution, the document stated that it was "executed as a deed".

    The issues

    13The case that PGB brings claims against Mr McTaggart, pursuant to his guarantee, for:

    (1) the cost of goods sold and delivered, and for other charges incurred by PGB on account of AHS; and

    (2) damages for breach of contract in respect of containers of batts that were procured to fulfil the contract between PGB and AHS, but which were not delivered.

    14The issues raised by Mr McTaggart's defence, apart from putting PGB to proof of the ingredients of its cause of action, are that:

    (1) the contract between PGB and AHS was varied in a way that had the effect of reducing the liability of AHS; and

    (2) ownership of the batts never passed to AHS in any event.

    Factual findings

    15The plaintiff's evidence (which was relevantly unchallenged) satisfies me that it invoiced AHS for the deposit, and for so many of the containers of batts as were either delivered to AHS or made available for AHS to collect at Melbourne Port. It satisfies me, further, that in respect of containers of batts that were made available for collection at Melbourne Port but not collected, PGB incurred storage costs and other costs (both to the Melbourne Port Authority and to the shipping company) as detailed in its calculation of its claim, to which I will turn in a moment.

    16Finally, as to the claim in respect of unliquidated damages for breach of contract, the evidence (again, relevantly unchallenged) satisfies me that PGB did lose profits on the goods that were not taken, the profit being calculated as the margin between the price payable by PGB for those goods to the supplier in China and the price for them payable by AHS to PGB.

    17The evidence satisfies me also that, apart from about $75,000 on account of the five percent deposit, AHS has not made any payments to PGB, either for the rest of the deposit, or for such goods as were sold and delivered to it.

    18It follows, subject to consideration of the defences to which I have referred, that PGB has made good the elements of its cause of action, and that it is entitled to succeed unless one of those defences suggests otherwise.

    The defences fail

    19The second defence - that property never passed to AHS - is one that I do not understand. The question is not whether, on the terms of the contract, property in the goods passed to AHS, but, rather, whether a contract for sale was made and whether it was performed or breached. In the ordinary way, the fact that this aspect of the defence was not addressed in submissions would confirm my understanding of its legal irrelevance. However, in this case, Mr McTaggart represented himself, and I do not draw any inference from the fact that this aspect of the defence was not addressed in submissions.

    20I turn to the suggested variation to the contract. The difficulty with that is that in my view it is not supported by the evidence. It is common ground that a meeting occurred between Mr Azzopardi and Mr Xenos of PGB, and Mr McTaggart, in Melbourne on 16 February 2010. It is common ground that there was discussed at the meeting a proposal for AHS to reduce, and ultimately satisfy, its debt to PGB. Even taking Mr McTaggart's oral evidence as to that meeting at face value, (and putting to one side the fact that his oral evidence is in some ways inconsistent with the unchallenged affidavit evidence of Messers Azzopardi and Xenos), it does not amount to proof of an agreement to vary the terms of the sale contract. On Mr McTaggart's own evidence, it is clear that there was an agreement to negotiate a repayment plan, and that although elements of a proposed plan were discussed, there was no acceptance of a concluded position.

    21That this is so is confirmed by an email sent by Mr McTaggart to, among others, Messers Azzopardi and Xenos the following day. There is no suggestion in that email that any concluded variation had been negotiated and agreed.

    22Further, as Mr McTaggart conceded, AHS did not make any payment at all to PGB after the alleged variation was made.

    23Thus, at the level of fact, I conclude that the defence relating to variation has not been made good.

    Quantum of PGB's claim

    24I said earlier that the evidence satisfied me as to the quantification of the components of PGB's claim. The first component is $23,752.50 remaining owing on the deposit. The second component is $1,243,623.87 for goods actually invoiced and sold but not paid for. I note that credit is included within that quantification for the resale of some of the goods once it was plain that AHS could not take them, nor pay for them.

    25The next component is storage and disposal costs, incurred to Melbourne Port Authority and the shipping company. That is quantified at $432,473.

    26The total of those amounts is $1,699,849.37.

    27The claim for damages, being the difference between the amount payable by PGB to its supplier in China and the amount payable by AHS to PGB, is $844,734.76.

    28I am satisfied that each of those elements is proved to the requisite standard.

    Other matters

    29I should mention that in final submissions, Mr McTaggart raised a number of points based on matters that had not been pleaded. He noted that the deal (if I can call it that) between PGB and AHS was underpinned by the Commonwealth Government home insulation scheme, and that this scheme was first suspended and then stopped shortly after the discussions of 16 February 2010. That may very well explain why it is that AHS found itself in the position that it could not pay, but it does not seem to me to provide any defence.

    30Mr McTaggart suggested that PGB had put its case together "very skillfully". I am not sure what this means except (as I have said) that every element of its cause of action is proved.

    31Mr McTaggart raised questions as to whether PGB contracted with AHS knowing that AHS could not pay, and queried how PGB could continue to trade when not even the full five percent deposit had been paid. The only matter that is proved is that the full deposit had not been paid. The knowledge asserted is not otherwise made good. In any event, those things do not seem to me to provide a defence.

    32Mr McTaggart raised a number of other issues, but since they were not pleaded and they are not supported by any evidence, I will not go to them in these reasons. It is sufficient to say that even if it were open to Mr McTaggart to rely upon the further matters that I have just summarised, when they were not pleaded, they do not seem to me to offer any suggestion of a defence to the claim.

    33PGB claims interest. It has produced a printout of a spreadsheet calculating interest in accordance with s 100 of the Civil Procedure Act 2005 (NSW). The contents of that schedule are agreed. It follows from the schedule that the total of the amount payable under the guarantee, together with interest to today's date, is $2,803,143.24.

    34I referred earlier to the fact that the form of guarantee and indemnity included both a guarantee in respect of amounts payable by AHS to PGB (Clause 1) and an indemnity in favour of PGB for any liability (including for breach of contract) that AHS might have to PGB "in connection with...the supply of goods and/or services" to it (Clause 2).

    35I am satisfied that on the proper construction of that document, the liability that Mr McTaggart undertook pursuant to it included not only a liability to pay the guaranteed sums due under the contract for sale by AHS to PGB, but also such other losses as PGB sustained "in connection with" the supply of goods pursuant to that contract for sale. Thus, I am satisfied that Mr McTaggart's liability under the guarantee and indemnity extends to all the ingredients of PGB's claim. It is accordingly unnecessary to consider whether (for example) the claim for storage charges and the like is properly recovered pursuant to the indemnity or pursuant to the guarantee.

    36For the reasons that I have given, and at the risk of repetition, I am satisfied that PGB has made good its claim for judgment and that the defences have not been made good.

    Costs

    37The final matter to be discussed is the question of costs. As will be seen from Clause 2 of the guarantee and indemnity, and indeed from the terms of conditions of the guaranteed contract of sale, there is a liability to pay costs on a solicitor and own client basis. PGB asks that any costs awarded in its favour be assessed on that basis. That is its contractual entitlement.

    Orders

    38For those reasons I direct entry of judgment for the plaintiff against the first defendant in the sum of $2,803,143.24. I order the first defendant to pay the plaintiff's costs of the proceedings and I order that those costs be assessed on a solicitor and own client basis.

    39I direct that the exhibits be retained.

    **********

    DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

    Decision last updated: 22 August 2011


    Read More...
    1 month ago

News

Major Topics

Helpful Resources

Socialize

About Us