Julia Gillard

Justice Rodney Madgwick and the missing court judgement in the Julia Gillard Bruce Wilson AWU fraud scandal

There is a missing court judgement by Justice Madgwick in the Julia Gillard / Bruce Wilson AWU fraud scandal. The court has advised me that he did not publish a judgement which I find scandalous and not believable, especially when put together with the other documents that have gone missing from other sources in relation to this matter.

There are numerous missing documents in the matter but the missing judgement by Justice Madgwick is probably the most disturbing.

This is the same Rodney Madgwick who has been appointed by the ACTU as Chairman of a panel to make recommendations for improving governance arrangements amid the fallout of the Health Service Union scandal. He obviously has good knowledge of fraud and theft in the unions and how they get away with it given he was the judge in the AWU fraud scandal. The only problem is the court proceedings that came before him achieved nothing. Maybe he has a copy of the missing judgement. (Click here to read more)

Missing documents in the AWU fraud scandal

1. Julia Gillard’s old law firm Slater and Gordon say the file they had on the matter has gone missing which would have had documents involving Julia Gillard.

2. The West Australian state archives department has a file that had documents in relation to the dodgy association that Julia Gillard helped her then boyfriend Bruce Wilson set up. They still have the file but it is now empty.

3. The Federal Court of Australia had 4 files that went missing on the matter. Three have been found (QI 1274 of 1995, QI 1296 of 1995, QI 1297 of 1995) but one is still missing. The missing file, NI 2082/96, is believed to have an original copy of a Slater & Gordon conveyance file for the purchase of the house that was bought with stolen AWU funds. (Click here to read more)

4.  The missing Justice Madgwick judgement from 1996 in matter QI 95/1296 for which he issued orders.

The missing judgement would have damaging findings by Justice Madgwick against numerous parties which may include Slater and Gordon. Justice Madgwick seems to have had all 4 matters in his docket and from the files it seems documents filed in one matter were used in all matters which included the Ian Cambridge affidavit. So even though his orders deal specifically with returning redundancy payments that people were not entitled to, it is possible Madgwick made finding on the broader fraud and theft in his judgement which might have included Slater and Gordon.

Justice Madgwick issued court orders against Bruce Wilson, Ralph Blewitt and others in 1996 to recover money, but I am told by the court he did not publish a judgement and there was no judgement in the file. Registrar Segal told me “it appears from the file no written reasons for judgment were delivered. In other words, there is no “missing” judgment. There was never a written judgment.” I do not believe this as it would put Justice Madgwick in breach of common law. He has to give written reasons for his judgement as that is what is meant to keep judges accountable and it is required if one of the parties wants to appeal.

Sometimes judgements are not published but that is in minor cases. In this matter a total of $115,000 was ordered to be paid back to the AWU by six different people. Hardly a minor matter. (Click here to read the orders)

I first realised that there was a judgement missing last year when I looked for it on the AustLII website (Australasian Legal Information Institute) which has all legal judgements in the Australia. What I did find was a judgement by Justice Spender who made reference to Justice Madgwick hearing matters in the AWU issue. Spender said “I want, nonetheless, to make it plain that it is my intention to restore the position as best I can, pending the resolution of the litigation to be heard reasonably shortly by Madgwick J.”

Inspection of files at the Federal Court of Australia

Thursday last week (6/12/12) I inspected the files at the Federal Court of Australia Sydney registry in the AWU matter. In the days before, when I was organising the inspection I already knew the judgement was missing and asked for a copy of the transcript. I was told that some of the files have transcript but I could not inspect them. Registrar Segal said I could buy a copy from the transcript provider. I phoned them and they did not have a copy as they only keep it for a number of years.

The court kept some documents from being inspected, which ones I do not know, and would not allow me to inspect the transcript even though I told them the transcript provider did not have a copy for me to buy.

I thought by the time I went to the registry the file that is still missing might have been found, which is was not and still has not been found.

Michael Francis Moore

During the inspection of the files I came across a familiar name that has not been mentioned in the scandal as of yet. None other than the former federal court judge Michael Moore. The same man who gets a mention on the front cover of my book. In correspondence from Robert McClelland to his client Ian Cambridge on the 14th August 1995  he mentions that “In late February 1995 proceedings were commenced before His Honour Mr Justice Moore in the Industrial Relations Court of Australia alleging certain irregularities in respect of the establishment of the National Construction Branch” At the time Moore was also a Federal Court judge as he had been appointed as a judge in 1994. I have not been able to find any judgement by Justice Moore in relation to this either. (Click here to read more of his background)

This is the same Michael Moore who resigned in disgrace last year (as he was nothing more than a bad joke in the court) and that was appointed by Bill Shorten firstly to review the Fair Work Act then as administrator of the HSU. It seems Bill Shorten sure likes to look after Mr Moore. (Click here to read posts that I have done on Michael Moore)

This site is not a one trick pony but I have done numerous posts on the Gillard /Wilson AWU matter of late because it is a case that keeps on giving. The further one looks the more people who become involved and the broader the cover-up and the further into the judiciary it goes. I will keep on the courts case for the missing file.

Admin – This will probably be my last standard post for the year, although I will do a Christmas post in the next few days.

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41 replies »

  1. The situation around Gillard seems to get murkier and murkier and the cover up is obviously widespread….this is mafia type stuff. This woman and those around her and behind her are criminals…this country has never seen the like..they have got into the judiciary and all levels of government, even the clergy not to mention the communication media…it stinks. John

    • It is a Mafia way! and I think we are all going to get shocked even Shane at just how big and widwspread this corrupt web is!

    • and now she has the front to tell Abbott to come clean ??? wanna run that by me again ??? this Govt is manned by traitors !! Oh & if their new bill on censorship of what we say gets through …I will be in jail for saying that ……well that will shut down dissent , wont it ?

  2. Is it amazing coincidence which causes only questionable material to be ‘lost’ or does the legal system have a systemic problem with archiving? Either way doesn’t inspire confidence.

  3. With all this damning evidence of the lack of (hard and vital) evidence which obviously involves paper shuffling by various members of the judiciary and parliaments at state and federal levels, why even bother to suggest that we should demand a Royal Commission? It would be a futile waste of time and money in my honest opinion…

  4. I give up with this mob. Gillard and her sleazy criminal mates think they have it all sewn up. How I would like to see Gillard get her comeuppance.
    Abbott should be pushed to call a Royal Commission into the lot of them when he takes office next year.

  5. If I or any other normal man or woman did even the slightest crime or offense as alleged against Gillard and others we would face the full impact of the courts. We would not be given the benefit of a full Royal Commission to fully investigate the facts, instead a single judge or judges would decide our fate. It would appear there are 2 sets of rules in Australia, one set for the ordinary people who are deemed guilty until proven innocent and a set for the elite few who are deemed innocent and have no fears because they are protected by their elite mates of power, the Judiciary and media.

    • It would be very strange if he issued the court orders that he did in chambers without a hearing. Also even if there was no hearing he would still have to have written reasons for those orders. The court would not let me read the transcript which they said was in a couple of the files, I think that would have filled in quite a few gaps of the story.

  6. Does it suprise any of us that there is more missing paperwork,Gillard might be a lousy Prime Minister and an even worse lawyer but as a cover up girl she is tops. I replayed her press conference last night and the way she “answered” the press questions was riddled with body language lies. I wish you and your family a happy Christmas and a successful new year. Regards Allan Myalup WA

  7. The spouse and I are off to Burma tomorrow, where at least the generals don’t deny corruption is a fact of life. More honest than the abysmal excuse we have for government here in Oz.

    Shane, I could tell you more stories about my years in media, courts and the very tawdry game of politics in NSW of the 1970s, 80s, 90s.

    Why the latest revelations should surprise me at all is testament that even my deep level of cynicism is no protection.

  8. When I see Gillard stand up in press conferences looking like no one can lay a glove on her, I now understand. She seems to have the law enforcement as well as the judiciary working for her. Why wouldn’t she be arogant, there is obviously a talented theif helping themselves as well. With the judiciary Shane I have an opinion, however I would be pinged for going off subject, even though I believe it to be factual. Have you noticed how this corruption spans so many different levels of expertise. Anyhow, I’ll have to leave it with the Judges, Law enforcement and the media to mold our thinking for us,hey.

  9. Missing documents from files, files missing, Educated people with faulty memories, and can’t remember what happened last night. This is our Government? This woman and her bunch of cronies are more criminal then any Underbelly Character. Ned Kelly was a Gentleman who at least had a set of Morals and rules when robbing people. I think
    Ned would be totally discussed with this bunch. But it does prove Ned’s Point, The Toffs are corrupt.

  10. I find this state of affairs truly scary!! And if our government has it’s way, we shall not even be allowed to MAKE any comments!!
    Who is keeping our leaders honest? How can a government body function efficiently when it loses important documents??
    My mind is boggled!

  11. How is it that these missing documents, (which would obviously prove all players in this scandal GUILTY of numerous crimes), could actually dissappear in the first place. That in itself should raise the eyebrows of the few honest members of our political and judicial system, if there are any of course.
    The whole caper smacks of coverups, corruption and manipulation from the highest levels, this is as plain as the nose on one’s face, yet the federal authorities are powerless to do anything, or dont want to.

    So maybe it’s up to the public to put pressure on the system to atleast have an independant body investigate this, and other union/government scandals. We as a population can make it happen, we just need to work as one.


    • The problem would be to get the numbers, Andy! With so many “rusted-ons” believing everything coming from Gillard’s mouth is Gospel, and with another huge sector of the population being absolutely devoid of interest, there’d hardly be a hope in hell of standing united!

    • Andy, the missing doc’s will surface before the next election. More than one news outlet had access to them, before they disappeared, maybe insiders, where they were held. Don’t give up, they’ll show up. This is not ww3, simply a matter of truth.

  12. Terry, if these missing doc’s were going to resurface I think it would of happened by now, lets not forget the original scandal is some 17yrs old, it’s given the parties involved plenty of time to BURY any condemning evidence, dont you think?. Also, to think the MEDIA may have copies that they WILL release, is in my opinion, “a long shot”, their credibility isn’t exactly one I hold in high regard. Lets not forget the fact that the Gillard camp has already put many of the media outlets under massive pressure for having an opinion about this case.

    The fact that Shane has hit a brickwall in relation to viewing the few documents that are within the courts file, is in itself, suspicious to say the least. Also when a you consider that the court judgement by Justice Madgwick on the case was never publicly released (as Shane has stated) is unprofessional and unbelievable, and also smacks of a cover-up, and this was back in 1996, long before the scandal became public knowledge.

    What I find disgusting with this whole sordid affair is how long and deep has this type of corruption and cover-up been occurring, how long have our elected officials (Public Servants) Lawyers, etc etc, been doing the dirty to protect themselves and hiding behind their positions of power. For public officials and Lawyers who THINK they could go about running OUR country, Unions and Judicial system without a level of honesty, transparency or itegrity and not eventually become unstuck is beyond belief. But what we are seeing is obviously just the tip of the corruption iceberg. It’s “you pat my back I’ll pat yours”, and the public will never know.

    We are the MUSHROOM society, kept in the dark and fed Bull@%!t.

  13. I would like to think that Tony Abbot and his crew are as honest as the day is clear,(With out a fog) and that he will call a Royal Commission into the Union Frauds, passed and present when and if he gains power. Unfortunately I must say my hopes are fare from convincing, even to me. All Politicians are tared with the one brush and all swear to the “Pack” “What I know will not pass my lips if what you know doesn’t pass yours.”
    Gillard is a crafty bugger and knows her way around the Halls of Power only to well. What is needed is a miracle in the disguise of an Honest and Clean Politician followed by Honest and Clean backers.
    Alas there is no such animal. Even Caesar couldn’t find one a few years back, and look what they did to that bloke.

  14. Kenny & Andy, the sceptics, no Pandora’s box? forget it move on?
    Too late boys, just wait, be particular and show some patience.
    So we go into the holiday break, but when Parliament resumes, you will see
    more of the ingredients of the AWU affair cake.

  15. Terry, Im not a sceptic at all, infact Im an optermist, but I also face facts. If, as you say, that after the new year and when parliament resumes we will see more “ingredients” of this scandel great, but having all the ingredients is one thing, being able to make the cake and bake it is another. Remember, Gillard and her crew control the oven.

    Face facts Terry, she is the top dog, literally, and she is playing for keeps.
    I hope the missing documents do resurface, as do you and most Australians.
    But dont think for one minute that Gillard will be an easy “snake in the grass” to catch, that would be setting yourself up for dissapointment.

    We will all see in the future, what actually comes out, may be nothing, or it could be plenty. I will welcome it with a large satisfying smile, but until it happens I look to the side of scepticism.

  16. I have a strange feeling some one is going to dump on Silly Jillie very soon. Some one out there has missed out big time and the proverbial is going to hit the fan with one almighty splash. Once it starts it will not stop untill all and sundry have had their say.

    • Smudge, Yes I agree with you. Gillard has bought the Power players around her, but even Al Capone knew that he couldn’t buy the lot. The one he couldn’t buy was the one who went for the glory of bringing him down. Fare more worth then looking over your shoulder all the time. There is one person out there who is very disgruntled and they have been ostracized by the Gang of Thieves. Once they start the other Minos will follow suit and try to save their flimsy souls from the mincer. Mark my words, it will happen, she has done to many people to much damage over the years. The woman is an habitual Liar and as such she expects others to forget her previous statements and mistakes as she does. She will keep changing her story(s) untill she comes the full cycle then she will blame all and sundry for the mistakes made. Only trouble will be ,One will Back Lash on this move.

  17. I am surprised that never once any of the players in this dastardly soap opera ever make comments against your (factual) information, and neither do any of the opposition, from that, it would appear that all are as trustworthy and corruptible as the next. One thing I am certain of, all of them would have your site on their “favourites” and live in hope that one day you will slip up, something I am sure of will never happen. Merry Christmas and a Happy New Year and I hope that your site increases treble what it did this year, and you continue to attempt (through a wall of silence) to keep the bastards accountable.

  18. I am never amazed at the level of idiocy running in this nation, how there can be so much political corruption in this country in this day and age when we have instant reporting, but then when you look at how many of the MSM are deaf blind and dumb when it comes to Leftist Politics, which goes to show that the fabled Fourth Estate is really the Fifth Column.

  19. One missing document is unfortunate.
    Two missing documents might be a coincidence.
    Three or more missing documents is a conspiracy.

  20. Funny how court files go missing when fraud is alleged. I want to get a fraudulent dismissed proceedings set aside. The NSW Supreme Court file has been missing for 4 months – the NSW Attorny General is yet to give an explanation – this is third world country stuff surely!! Neither the print or electronic media has reported this serious event either- worrying!

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