Updated - did any party suffer a loss as a result of the alleged forgery of the Specific Power of Attorney?
The law about false documents in Victoria pretty much says that if you make a false document with the intention that it's going to 'cause prejudice" or hurt to another person it's a crime.
Many of you have asked who was hurt if the Power of Attorney was in fact created after the auction and contract of sale was executed for 1/85 Kerr Street Fitzroy.
Spin Baby Spin is a highly credentialled paralegal with a great deal of experience in the field. I regard Spin Baby's work very highly, if not her blogging name.
Spin Baby, Spin said:
You would be defrauding the Office of State Revenue as a lawyer. No post-dated documents in a conveyance, take it from me as a conveyancing paralegal. Everyone working in a legal office knows this. Again it's ABC stuff. Highly illegal and you get struck off if you do this sort of stuff. Lawyers are to be trustworthy individuals and if they intentionally defraud the state of revenue, they pay by losing their career as a lawyer. There's no way around this. All documents MUST be in place before signing the Contract. Gillard was at the Auction and would have known that Wilson could not sign without having the Power of Attorney in place. What rang bells with all this was that Gillard did not have a certified copy of the POA with her at the time of attending the auction. It's the sort of thing a normal lawyer would do, let alone one that's anal...