Saturday, June 30, 2012

LAWYEROCRACY ON TRIAL IN WA TOO


LAWYEROCRACY ON TRIAL – HEARINGS RESUMES 10 AM, 6 JULY 2012, MELBOURNE, AUSTRALIA
On 21 May 2012 the Victorian Government commenced an inquiry into the absence of professional standards in the Australian (including Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than an exclusive lawyers club).
This unprecedented and history making trial resumes at 10.00 am on Friday 6 July 2012 at 55 King Street, Melbourne, Victoria, Australia. ... ... ... ... ... ... ... ... ... ... ... ...
LAWYEROCRACY ON TRIAL - THE TRIAL
Of course turning the spotlight on the corruption and cronyism at the heart of Victoria's (and Australia's) corrupt, lawyer-dominated legal and political systems of government was the last thing that these Victorian government agencies had on their mind.
The Victorian government agencies that cooked up this false and malicious prosecution expected, as is normally the case, that their 3 day witch-hunt would happen far from the eyes of the public or the media. They couldn't have been more wrong. The inquisitors were overwhelmed by the quality of the intended victim's performance, buoyed by more than a 100 members of the public and media (surely a national record for solicitor disciplinary proceedings anywhere in Australia for so many members of the public to show up to defend him) filling 99% of the seats in the largest hearing room in the building. Alarmed at the prospects of becoming the first government officials to be prosecuted and jailed (for up to 2 years each, per count) under Victoria's untested Whistleblowers Protection Act of 2001, the red faced and visibly shaken inquisitors (State government agency lawyers) immediately entreated me to seek an adjournment, which was readily given to me, on the red-faces saving basis that I could pursue avenues to get independent legal advice and representation before hearings resume on 6 July 2012.
A mere 4 days of behind closed doors caucusing later, fearful of widespread public attention and media exposure, fearful of the spotlight they have turned on themselves, the Victorian Government started using language such as "suppression orders" and "we can only seat 40 people" - a far cry from the "fair, open, efficient justice for all Victorians" slogans plastered on the doors and walls of this particularly low-performance Government Tribunal and agency.
This hearing (sub-named Michael McGarvie - Legal Services Commissioner v Harold James Johnson) is the biggest Australian whistle blowing, corruption and media exposing event of 2012.
Barely half a day old, this hearing is already living up to its name as "Lawyerocracy on Trial".
And the documentary (in progress) of the same title will be released prior to Christmas, irrespective of what stage of progress the trial itself is at at that stage. .. ... ... ... ... ... ... ... ... ... ... ...
LAWYEROCRACY ON TRIAL - THE MOVIE
Every one who turns up at any of the hearings, either watching from the public gallery (which can seat as many 100s as turn up), the press gallery, or testifies from the witness box will get their names in the credits at the end of the documentary, and tickets to walk down the red carpet on the opening night premiere of the documentary in Melbourne (prior to Christmas).
The Victorian Government intended this to be a 3 day witch-hunt where they held all the pitch-forks. They intended this to be a so-called disciplinary proceeding (on false, 2 and 3/4 times dismissed, grounds of 'professional misconduct') brought against a senior barrister and solicitor (more than 20 years good standing), who has consistently demonstrated professional standards clearly putting him within the top 1% of the legal profession (unlike those who masterminded the prosecution).
But, and here are the rubs, a disciplinary prosecution against a top 1% lawyer who is a candidate for federal parliament who for more than 3 years has been among Australia's most prominent whistle blowers - exposing corruption, cronyism and lack of professional and even legal standards within lawyers and government. And then there's the fifty million dollar matter of a fifty million dollar Supreme Court counterclaim initiated 3 years ago against the legal regulator and both his "secret" informants (a Federal Barrister and a Federal Magistrate).
Could every letter and every sound in every word of the expression “Criminal Reprisal against a Whistleblower” ever be any more deeply underlined for the benefit of prosecuting authorities wishing to take Victoria’s untested Whistelblower Protection Act of 2001 for a solid, open and shut, test drive? ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
VICTIMS OF LAWYEROCRACY - VICTIM IMPACT REGISTER
All Australians who have suffered loss or damage at the hands of negligent (or worse) solicitors are encouraged to download, complete and register a Victim Impact Statement (see VICTIM IMPACT REGISTER PAGE on this blog).
This is an Australia-wide problem of inequality and privilege "above the law" status between ordinary Australians ("lay people") and Australian lawyers. So Victims from all States and Territories are encouraged to complete and file a Victim Impact Statement.
Since an immediate priority is to convince State Premiers and Territory Chief Ministers that lawyers cannot be left to regulate themselves (see what happens, since 2004 if they do ...) "double victims" (those who have been let down by their lawyers (or worse) and then had their faces slapped (or worse) by the Legal Services Commissioner / Board in their State are especially encouraged to come forward with your stories... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... ... ... ... ... ... ... ...
PUBLIC ACTIONS TO RE-ESTABLISH ETHICAL AND LEGAL STANDARDS IN THE LEGAL PROFESSION
Meanwhile, outside of the Tribunal and outside of the documentary, measures are underway to have the Victorian Parliament take steps to fund test cases to get the High Court of Australia to repeal a bad law the High Court of Australia enacted in 2004.
In 2004, in a carefully stage-managed multi-million dollar lawyers picnic funded by two publicly-funded lawyer-dominated Victorian government agencies (Victoria Legal Aid and the Legal Practitioners Liability [Evasion] Committee) the High Court of Australia with very little thought and nothing in the way of evidence or analysis, created an extraordinarily perverse laws by which Australia a mere 8 years ago became the only nation ever in the world where it is illegal for law clients to sue any of Australia's 77,000 solicitors if they are negligent (or worse) in the court room, and to repeal the High Court's law of that same year under which Australia has since 2000 been the only country in the world where it is against the law to sue any of Australia's 7,000 barristers if they are negligent (or worse) in the court room.
And following on from the unactioned Victorian Government Ombudsman's damning 2009 Annual Report to Parliament expose of the Victorian Legal Services Commissioner, Mr Michael McGarvie, (a former partner in the fifth rate Melbourne law firm that gave us the current lack lustre Prime Minister Julia Gillard). In that damning 2009 Annual Report to Parliament the State's "regulators' regulator" described Mr Michael McGarvie's staff of upwards of a dozen in-house lawyers as deliberately refusing to investigate 90% of law client complaints about lawyers (and deliberately chucking the few that his staff pretend to investigate). The findings? That he is in effect running a protection racket that protects negligent (and worse) lawyers, rather than running a legitimate regulatory operation to protect members of the public. Moves are afoot to have his corrupt government agency abolished, and the clock again wound back to early 2004 by reintroducing an independent (of lawyers) regulatory scheme such as the Victorian Legal Ombudsman scheme that the previous corruption and cronyism ridden former labor party government (Julia Gillard's own political party faction) abolished to make way for Michael McGarvie's "co-regulation is no regulation" fairly Godfather scheme. .. ... ... ... ... ... ... ... ... ... ... ...
MOVEMENTS FOR NATIONAL REFORMS
The need to reclaim Justice and the Law is a national priority for all Australians. This is not just a Victorian movement. Although the problems that began with the 2004 High Court of Australia decision originated from the shady practices (and multi - million dollar public spends) of two Victorian publicly-funded, lawyer-dominated and lawyer-serving government agencies.
Identical moves to those in motion in Victoria have been started in every other Australian State and in the Northern Territory. Become a member of this National reform movement, in your home State. Track down contact details at this blog to volunteer your time and talents, to register your Victim Impact Statement to reclaim Justice and Law for the people by putting lawyers back under the same legal standards as lawyers impose on everybody except themselves. .. ... ... ... ... ... ... ... ... ... ... ...
... to be continued ...

Lawyerocracy on Trial – Register your story in our Victim Impact Register

June 2, 2012
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RECLAIMING JUSTICE AND THE LAW – NATIONWIDE PUBLIC MEETINGS (Version 1.0 27 May 2012) VICTIM IMPACT REGISTER To join our National database of victims of negligent (and worse) lawyers, to become involved in this people’s movement to reclaim Justice and the Law, please add your name and details of your story below. PRIVACY AND PURPOSES… [Read more…]
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Lawyerocracy on Trial – Are you following the amazing VCAT government and lawyer corruption story?

June 1, 2012
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  [Name withheld] [Address and contact details withheld] Attention: Ms Nicola Berkovic The Australian Fax: 02 6270 7071 Dear Nicola Thank you for your stories in The Australian last week (Friday 25/5/12, Legal Affairs Section) on delays and problems in the Federal and Family Courts. Did you see the story by Farah Farouque on page… [Read more…]
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Reclaiming Justice and the Law – Report from the First National Public Meeting 27 May 2012

May 29, 2012
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Reclaiming Justice and the Law – Report from the First National Public Meeting 27 May 2012 On Sunday 27 May 2012 a packed house of approximately 100 braved Melbourne’s wintry conditions to come along to the First in a Series of National Public Meetings to Reclaim Justice and the Law. Some had come from as… [Read more…]
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Guidelines on the State of Victoria’s Obligation to Act as a Model Litigant – Routinely Remembered in the Breach?

May 29, 2012
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… ☞☞☞ … Guidelines on the State of Victoria’s obligation to act as a model litigant 1. In order to maintain proper standards in litigation, the State of Victoria, its Departments and agencies behave as a model litigant in the conduct of litigation. 2. The obligation requires that the State of Victoria, its Departments and… [Read more…]
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Honour Among Thieves

May 29, 2012
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‘There are many reasons to practice law in this country, but only one which is worthy of you, and certainly one that interests me. It applies to every facet of the law that you might be interested in pursuing, and it has never been better expressed than in the engrossed parchment of The Unanimous Declaration… [Read more…]
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First of Nationwide Public Meetings – Reclaiming Truth, Justice, Equity and the Law – Melbourne, Sunday 27 May 2012. From 1:45 pm.

May 24, 2012
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Notice of First Nationwide Public Meeting RECLAIMING TRUTH, JUSTICE, EQUITY AND THE LAW – LAWYEROCRACY ON TRIAL Unity Hall, 4 Renown Street, Burwood (Melbourne, Victoria)  Sunday 27 May 2012 1:45 pm SAUSAGE SIZZLE 2:30 – 3:30 pm AGENDA – Order of Business A. Justice Reform and Regulation of Lawyers A panel of presenters, including Senior… [Read more…]
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Lawyerocracy on Trial – The Very, Very Public, Last Will and Testament of a Failed, Criminal, Legal Regulator

May 22, 2012
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      Lawyerocracy on Trial – The Very, Very Public, Last Will and Testament of a Failed, Criminal, Legal Regulator On 21 May 12 nearly 100 members of the public came to 55 King Street, Melbourne to witness the first of these Lawyerocracy Hearings, and what surely must be the last will and testament… [Read more…]
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An Urgent Petition from a Senior Constitutional Human Rights Lawyer and Whistleblower, Seeking Aid and Protection from a Corrupt Government Agency and its Ongoing, Repeating, Criminal Reprisals

May 20, 2012
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        An Urgent Petition from a Senior Constitutional Human Rights Lawyer and Whistleblower, Seeking Aid and Protection from a Corrupt Government Agency and its Ongoing, Repeating, Criminal Reprisals  THIS IS AN OPEN LETTER to every Victorian parliamentarian asking them to raise the following story of government corruption and whistleblower abuse, and to express…[Read more…]
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Sentence First, Verdict After. The Judge laments “The paucity of the evidence”. But mateship amongst bench and bar overrules evidence, due process, human rights and natural justice.

May 20, 2012
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  Sentence First, Verdict After. The Judge laments “The paucity of the evidence”. But mateship amongst bench and bar overrules evidence, due process, human rights and natural justice.  A Dickens of a Carroll – Lawyerocracy on Trial  Charles Dickens or Lewis Carroll would instantly recognise this case. They might well wish to claim it for… [Read more…]
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Victoria’s Failed Legal Regulator Engaging in Criminal Reprisals against Whistleblower. If prosecuted, faces up to 2 years Imprisonment

May 16, 2012
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  Lawyerocracy on Trial (guest blog from “Steve” one of the “lucky” survivors aboriginated a decade ago by Australia’s Corrupt, Unconstitutional Killer Family Court Lawyers and System) The grizzly truth – And James Johnson CHR’s Pledge to Shut Down Australia’s Genocidal Family Law Courts   Australian’s who have been fighting for reform of our legal system… [Read more…]
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Lawyerocracy on Trial – 10 AM 21 May 2012 at 55 King Street, Melbourne Victoria Australia

May 15, 2012
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LAWYEROCRACY ON TRIAL …   This unprecedented and history making trial starts at 10.00 am on Monday 21 May 2012 and will be held at 55 King Street, Melbourne, Victoria, Australia.   This hearing (sub-named Michael McGarvie – Legal Services Commissioner v Harold James Johnson) will be the biggest Australian whistleblowing, corruption exposing, media event… [Read more…]
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Lawyerocracy on trial – the grizzly truth of lawyers as grave robbers

May 15, 2012
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Lawyers or Grave Robbers (guest blog from Multi-Award Winning Author and Collingwood – Fitzroy based Community Activist, Diarmuid Hannigan) Introduction. The grizzly truth When one enters the world of inheritance, and the legal profession become involved, it soon becomes apparent that this place is as real as the rain that falls from the sky, the sun… [Read more…]
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Lawyerocracy on Trial – Suffer any wrong that can be done you rather than come here

May 15, 2012
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Lawyerocracy on Trial – “Suffer any wrong that can be done you rather than come here” In Charles Dickens day, the Court Houses were very bleak houses indeed. But even Charles Dickens would pale at the sight of today’s Court Houses which, in Australia at least, more often resemble fiascos, mad houses and slaughter houses,… [Read more…]
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A Revised With Prejudice Settlement Offer to the Victorian Government

May 14, 2012
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  On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than… [Read more…]
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Open Letter to Victorian Govt, Tribunal, on Due Process, Fair Hearing and Natural Justice

May 14, 2012
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   On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than… [Read more…]
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Lawyerocracy on Trial – Birmingham Six given their freedom after 17 years wrongful imprisonment

May 14, 2012
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              Birmingham Six given their freedom after 17 years wrongful imprisonment | Story reproduced from @BBCNews, 25 February 1991 After 17 years in prison, the Birmingham Six could be freed within weeks. It follows an announcement by the Director of Public Prosecution, Alan Green, that their convictions can no… [Read more…]
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Chief Justice warns duty to court must come before winning .. LAWYERS FACE TRIAL PROBE

May 13, 2012
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  Reproduced from @TheHeraldSun 19 October 2009 | by Geoff Wilkinson … Chief Justice warns duty to court must come before winning .. LAWYERS FACE TRIAL PROBE A SENIOR lawyer could face disciplinary action over his behaviour during a trial described by the Court of Appeal as a fiasco. The Court of Appeal ordered a retrial… [Read more…]
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Barristers not up to the job, according to former Supreme Court Judge, Professor George Hampel QC

May 13, 2012
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                Reproduced from @TheHeraldSun Friday 10 October 2008 | by Norrie Ross …  Barristers ‘not up to the job’ INCOMPETENT and poorly trained barristers are denying their clients justice, according to a former Supreme Court judge. George Hampel, QC, said some barristers were so bad, their short-comings would… [Read more…]
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Doctors, Lawyers and Immunity from Suit: What’s Fair for One Should be Fair for All?

May 13, 2012
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                 Reproduced from The Supreme Court of Victoria, Medico-Legal Society of Victoria, The Victorian Bar, 6 May 2005 | Speech by The Hon Chief Justice Marilyn Warren Doctors, Lawyers and Immunity from Suit: What’s Fair for One Should be Fair for All? May 2005 Speech by Hon Chief… [Read more…]
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Lawyers fail you, Australian Federal Attorney-General Robert McClelland warns

May 12, 2012
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… ☞☞☞ … “If you are in a dispute with someone, as soon as you go through a lawyer’s door you have grabbed a tiger by the tail .. They have created that uncertainty, lack of clarity and regulatory gobbledegook that is spewed out to clients … To use a lawyer to resolve a dispute… [Read more…]
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A free speech right to impugn judicial integrity in court proceedings

May 12, 2012
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    A free speech right to impugn judicial integrity in court proceedings… Boston College Law Review 2009 [Vol. 51 : 363] | by Associate Professor Margaret Tarkington, Associate Professor of Law, J Reuben Clark Law School, Brigham Young University) … ABSTRACT: This Article examines why a free speech right to impugn judicial integrity must be… [Read more…]
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Court Practice in the Dock – Lawyerocracy on Trial 21 May 2012

May 12, 2012
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                    Reproduced from @TheHeraldSun Sunday 18 November 2009 | by Laurie Nowell Court practice in the dock VICTORIANS may be able to sue dodgy or incompetent solicitors and legal sharks if a landmark test case in the Supreme Court is successful.In Victoria, clients can sue lawyers… [Read more…]
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Victorian State Government Ombudsman Slams Victoria’s Legal Regulator, the Office of the Legal Services Commissioner

May 11, 2012
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… ☞☞☞ … Victorian State Government Ombudsman George Brouwer Reported to the Victorian Parliament that “My investigation identified a lack of understanding by staff of the Legal Services Commissioner … Case files lacked: * investigation plans * thorough and professional approaches to gathering evidence * follow-up on serious allegations * substantiating documents such as practitioners’… [Read more…]
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The People are Speaking: PM Gillard, AG Roxon, MHR Turnbull, 9 MPs, 16 Judges, 10 Govt Agency Heads and more Summoned for 21 May 12 Lawyerocracy on Trial Hearings

May 10, 2012
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  On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than… [Read more…]
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Former Australian Attorney-General Robert McClelland to Testify at Lawyerocracy on Trial, 21 May 2012

May 9, 2012
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On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than an… [Read more…]
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The People are Speaking: “Hear Ye Hear Ye – All Melbournians Come and Witness Lawyerocracy on Trial”

May 9, 2012
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     I am encouraged and enheartened by the positive messages of encouragement and support I have received from victims and survivors of Australia’s genocidal family courts, our ruling lawyerocracy and debtocracy, over the past 24 hours. I am endeavouring to respond personally to everyone who writes to me to offer good wishes and support.… [Read more…]
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Lawyerocracy On Trial: Gillard, Roxon, Turnbull, 9 MPs, 16 Judges, 10 Agency Heads and more Summoned for 21 May 2012 Hearings

May 8, 2012
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    Is it crazy to believe in one law for everyone? Is it crazy to believe that judges and lawyers should be just and lawful? Is it crazy to believe that bureaucrats, parliamentarians and judges should operate clearly, at all times (and beyond reasonable doubt) within Federal and State Constitutional limits? And is it… [Read more…]
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A With Prejudice Settlement Offer

May 7, 2012
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  On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (legal) profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than an… [Read more…]
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Champions for Change or Silent Collaborators?

May 6, 2012
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  This week I wrote to the 30 largest commercial law firms in Australia and New Zealand, the real law firms that do much of the running of corporations and government in Australia.  These are the 30 or so law firms that 99% of Australians never get to see (only governments, ASX Listed companies and… [Read more…]
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Lawyerocracy on Trial

May 5, 2012
    This unprecedented and history making trial starts at 10.00 am on Monday 21 May 2012 and will be held at 55 King Street, Melbourne, Victoria, Australia. This hearing (sub-named Michael McGarvie – Legal Services Commissioner v Harold James Johnson) will be the biggest Australian whistleblowing, corruption exposing, media event of 2012. 48 yo… [Read more…]
Posted in: Uncategorized