We've tried to base today's discussion on this note from Retired Lawyer. Let me know if you have any questions for Ralph and we'll see if we can get to them.
Retired lawyer said:
Michael, It's hard to fault your learned friend's conclusion that the association was a sham. Very well argued.
Reflecting on this excellent memo it struck me that perhaps the very act of incorporation was null and void because there was no association in existence which was capable of incorporation in the first place. I don 't know if the following questions have been clarified in any if the documents or otherwise, but if they have not can you please ask Ralph when you next speak to him:
Was the incorporation of an association an idea thought up by Wilson or Ralph? If not, which lawyer or lawyers advised them to incorporate an association? Did Wilson and/or Ralph think of the name AWU-WRA or were they advised by someone else to use that name? Did Wilson and/or Ralph think of the purpose of the Association written in the application or was that somebody else's idea? Did Wilson and/or Ralph draw up any rules for the association or were the only rules for the association drawn up by Gillard? When the Commissioner originally rejected the application for incorporation of the Association, did someone in his office advise of the reasons for the rejection orally or in writing to either Wilson or Ralph? If advised to wilson or Ralph can Ralph remember what those reasons were? Thanks very much. The answers to these questions may assist in clarifying the intentions relating to the purported incorporation of the association and the state of knowledge of the relevant parties.