This memorandum from Julia Gillard is at odds with what she told Peter Gordon

This letter of 15 May, 1992 from Ray Neal, the Assistant Director of the WA Corporate Affairs department is addressed to Julia Gillard at her Slater and Gordon office.  

He refers to Ms Gillard's letter of 13 May, 1992 "Your Ref IU:JEG" (industrial unit, Julia Eileen Gillard).   He says, "the explanation which you have provided in relation to the purposes of the association is accepted".  He goes on to state that the rules of the association should be amended after incorporation.

The letter from Neal states that Corporate Affairs is prepared to incorporate on the understanding that a post-incorporation event will take place within 30 days, that is that the Association undertakes to go through the process of amending its rules to include a new Rule 3A.   That is a post-incorporation event. 

This memorandum of 21 May, 1992 is from Julia Gillard to Ralph Blewitt.   She sets out detailed advice as to the form of a letter Ralph Blewitt should send to Mr Neal.   Note Neal has at that stage agreed to the incorporation on the basis of the explanation delivered by Ms Gillard in her 13 May letter.

Here is the transcript of the record of interview between Ms Gillard and her managing partner Peter Gordon, dated 11 September, 1995.   Note that Gillard agrees that instructions were coming from Bruce Wilson.   Note also her assurance that she had nothing to do with the Association after her 13 May letter.   Someone is telling porkies.   Again.

 

PETER GORDON: All right, well, let's talk about the AWU Workplace Reform Association Account. That account, as you've said, is an account which was the account belonging to an incorporated association by the same name which was incorporated by Slater & Gordon at (Bruce) Wilson's, on Wilson's instructions following your advice to him which you described earlier.

JULIA GILLARD: That's right.

PG: And that happened in or about mid-1992.

JG: That's right.

PG: And last Monday I think you gave to Paul Mulvaney a follow-up which demonstrates that Slater & Gordon had drafted model rules for, for that, had submitted those rules to the relevant Western Australian government authority, that there'd been a letter from the authority suggesting that it might be a trade union and therefore ineligible for incorporation under that legislation, and that we had prepared a response submitted on Wilson's instructions to that authority suggesting that in fact it wasn't a trade union and arguing the case for its incorporation. My recollection is that all of that happened in or about mid-1992. Is that right?

JG: I wouldn't want to be held to the dates without looking at the file, but whatever the dates the file shows are the right dates, so . . .

PG: Yes. And to the extent that work was done on that file in relation to that it was done by you?

JG: That's right.

PG: And did you get advice from anyone else in the firm in relation to any of those matters?

JG: No I didn't.

PG: Did Tony Lang have anything to do with the model rules or the drafting of them?

JG: No, I obtained, I had just in my own personal precedent file a set of rules for Socialist Forum which is an incorporated association in which I'm personally involved. Tony Lang and I drew those rules some years ago. Tony more than me. And I've just kept them hanging around as something I cut and paste from for drafting purposes, and I obtained, I don't quite recall how now but I obtained the model rules under the WA act and I must have done the drafting just relying on those two sources. I don't have any recollection of sitting down with Tony or any other practitioner and talking through the draft of the rules.

PG: Do you recall whether when it was necessary to argue the case with the, with the relevant Western Australian authority, whether you consulted anyone else in the firm as to what would or would not get, become acceptable or appropriate?

JG: I once again don't recall talking to anybody else in the firm about it.

PG: Beyond that, and it seems from the file that after that letter it was successfully accepted as an incorporated association and duly was created and presumably accounts were set up. I should ask did we have anything to do with the setting up of the accounts or was that done by the officers of the incorporated association?

JG: Slater & Gordon didn't have anything, did not have anything to do with setting up bank accounts for that association. We attended to the incorporation.

PG: Can I ask you then following the last thing that we did to setting up the incorporation, which appears from the file to be the letter arguing that it ought to be not construed as a trade union, did you have anything personally to do with that incorporated association afterwards?

JG: No I did not.

PG: Right, to the best of your knowledge did anyone at Slater & Gordon?

JG: To my knowledge no one at Slater & Gordon had anything to do with it post that time.

 

Comments