Reader E has done quite a deal of research into various elements of The AWU Scandal.
One of the bits of the puzzle that seems pretty clear cut is Ms Gillard's improper witnesssing and apparent creation of the Power of Attorney her lover used to buy a house in Kerr Street Fitzroy, and to secure mortgage borrowings secured against the property.
A prudent and ethical lawyer could reasonably have been expected to open a file, write to Blewitt to explain what he was giving away, write to Wilson to explain his trustee and good faith obligations to Blewitt and a range of other things. It seems reasonable to me that a lawyer in the circumstances would have ensured the Power of Attorney was a lawful and properly created document in the jurisdiction in which Blewitt lived and apparently made the donation, WA - and in the jurisdiction in which the Power of Attorney had to be effective in the purchase of real property, Victoria.
Here is a copy of the POA Ms Gillard created and witnessed.
Here's the back sheet with Gillard's initials as the originator, along with IU for Industrial Unit and her PA's initials.
And here is a sample Power of Attorney that complies with Victoria's 1958 legislation.
Here now some notes from a real estate and legal practitioner.
I have had opportunity to look at the Vic. Instruments Act. 1958 the Principle Act & Instruments (Powers of Attorney's Act) 1980 Section 106 Execution of powers of attorney states:
(1) An instrument creating a power of attorney may be executed by, or by direction and in the presence of, the donor of the power.
(2) Where such an instrument is executed by a person by direction and in the presence of the donor of the power, two other persons shall be present as witnesses and shall attest the instrument.
The Specific Power of Attorney signed by Ralph Blewitt was in breach of the Vic Instruments Act and was invalid and fraudulent from its inception as notwithstanding that she was not even present to witness Mr. Blewitt's signature, Gillard did not qualify as a witness as she was
the person executing the instrument therefore two (2) separate witness were required to attest the validity of the instrument although pursuant to (1) on reading it may be argued that Ralph Blewitt could have prepared his own Power of Attorney and that Gillard was witness but
notwithstanding that she was witness a second witness would have been required to comply with the Act.
I note that the Blewitt Power of Attorney sates that it is a Specific Power of Attorney, I cannot find reference to "Specific Powers of Attorney" within the Act - unless she meant Enduring Power of Attorney.
On analysis, the use of the word "Specific" implies that Wilson would have been restricted to act only on matters he had been authorised to do on behalf of Blewitt which in that case those specific powers should have been stated within the instrument.
I am not certain as too why the instrument was so poorly constructed. Was it that Ms. Gillard was such an incompetent practitioner, or was it deliberate?
I have attached a sample of a Vic Power of Attorney for your reference.
The Specific Power of Attorney was an invalid and fraudulent instrument that facilitated the laundering of substantial AWU - WRA funds.
I am absolutely shocked that Vic Investigating Fraud Officers did nothing about this as it is blatantly obvious that the Power of Attorney was an invalid & fraudulent instrument, The Vendor's Real Estate Agent and conveyancing solicitor, both Slater & Gordon Finance and
conveyancing section's did not pick this up. These are profession people who should have known better.
Ms. Gillard cannot plead "I was young and innocent" as she was well into her 30's, was a partner in a reputable firm and as a legal practitioner she should know "ignorance is not an excuse in the eyes of the law". If anything because she was a legal practitioner she has a higher standard of accountability in the eyes of the law to the average person.
Ms. Gillard, has a lot to answer for and I am frustrated and outraged that she has been allowed to continue to reek havoc on this great nation now at the highest level of PM when she should have been prosecuted 17 years ago.
Michael, forgive my outrage.
Regards