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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