A little of the background to the Victoria Police search warrant on Slater and Gordon Part One
Friday, 20 November 2015
Friday, 3 August, 2012, the first of Hedley Thomas's articles featuring exclusive interviews with Ralph Blewitt was published in The Australian.
On 14 August, 2012, the Managing Director of Slater and Gordon wrote to Ralph Blewitt.
Dear Mr Blewitt.
I write in relation to the conveyance conducted by former lawyers at this firm in the mid 1990's concerning the property you purchased at 1/85 Kerr Street Fitzroy.
On 5 August 1996, by correspondence you advised Slater & Gordon in response to a subpoena for that file that you wished to maintain privilege over that file and that it not be released. This followed clear instructions from you previously by telephone on 4 August 1996 that you did not waive privilege over the file. In recent times it is apparent that you have made public statements to the effect that you wish to now publicly air information concerning these matters. You may be aware that this firm has also expressed a desire to defend its reputation concerning those matters following some false accusations made against the firm and its former partners.
We would be grateful if you could indicate in writing that you no longer maintain privilege over that file and that we may speak freely in response to allegations that have been raised. We are currently reviewing files from that period following those allegations and there is a probability that I will need to further communicate with you concerning waiver of privilege over other files conducted by the firm when you held elected positions in the AWU (Western Australia) branch.
In doing so despite information that you are represented by lawyers, none of those lawyers now indicate that they act for you. If you do have lawyers please advise us of who we should correspond with on your behalf. If you have not engaged lawyers we strongly advise you to seek independent legal advice on these matters before responding to this correspondence.
Yours faithfully,
Andrew Grech
Managing Director
SLATER & GORDON LAWYERS
485 La Trobe St, Melbourne VIC 3000
T: (03) 9602 6839 | F: (03) 9600 0290
On Friday, 17 August Peter Van Onselen spoke to his viewers on his Friday afternoon Sky TV show saying he was sick of the AWU scandal emails, to stop sending them and that there was nothing to the story.
On Saturday, 18 August The Australian newspaper published selected extracts from the redacted Record of Interview between Julia Gillard, Peter Gordon and Geoff Shaw of Slater and Gordon.
On Sunday, 19 August, Sky News broadcast the interview between Paul Kelly, Peter Van Onselen and Ms Gillard.
Later that same day, Sunday, 19 August, this statement was publicly issued by Slater and Gordon in time for the Sunday night deadline for Monday's papers. Gillard was very keen.
Statement from Andrew Grech, Managing Director at Slater and Gordon
As Slater and Gordon has previously indicated these events occurred more than 17 years ago. None of the individuals involved remain in the employment of Slater and Gordon.
Slater and Gordon has previously made clear it will continue to uphold the right of former and existing clients and staff to confidentiality in respect of all communications.
Slater and Gordon is only able to make comment on the basis of records it now holds.
In that context, the firm has received permission from the Prime Minister, Ms Gillard, a former salaried partner, to set out details of her employment history with Slater and Gordon.
This statement is based on those records.
Ms Gillard worked in the industrial department of Slater and Gordon in 1988 through to 1995.
During that time Ms Gillard acted for a wide variety of trade unions and individuals in employment related matters including various branches of the AWU from 1991 until 1995.
Upon the Slater and Gordon partnership learning of what has been described as the AWU/Bruce Wilson allegations in August 1995, it conducted an internal legal review as it would do, and has done, whenever any such allegations might be made.
Ms Gillard co-operated fully with the internal review and denied any wrong doing.
The review found nothing which contradicted the information provided by Ms Gillard at the time in relation to the AWU/Bruce Wilson allegations and which she has stated consistently since the allegations were first raised.
In September 1995 Ms Gillard took a leave of absence from Slater and Gordon in order to campaign for the Senate.
Ms Gillard’s resignation from the firm became effective on 3 May 1996 when, Slater and Gordon understands, she commenced employment with the then Victorian Opposition leader as an advisor.
Slater and Gordon has regularly invited the Prime Minister back to the firm for events and functions.
ENDS
On Monday 20 August Arnold Bloch Leibler (Shorten's lawyers at the TURC) wrote this threat to Nick Styant Browne.
On Tuesday, 21 August, 2012 - Nick Styant Browne released this statement along with a copy of Peter Gordon's draft statement prepared the week before (i.e. the week Grech wrote to Blewitt).
Styant Browne's statement and Gordon's draft statement have been exhibited at the TURC here
That same day Andrew Grech put out another statement:
Statement from Slater and Gordon Managing Director, Andrew Grech
21 August 2012
Whilst it is understandable that there is great media interest in the details of discussions between former partners of Slater & Gordon and a former employee, we thought it would be helpful for the public to understand the need for legal practitioners to be cautious in relation to the release of such information particularly when it concerns the confidential information of their former clients.
The implied criticism of Slater & Gordon to the effect that it should release more information misunderstands the obligations of legal practitioners in relation to confidential communications with clients.
The release of confidential communications subject to legal professional privilege is a serious breach of a legal practitioners obligations.
On Sunday I gave a clear statement of what I understand to be the facts concerning the resignation of Prime Minister Gillard from Slater & Gordon some 17 years ago based upon the records that we presently hold.
Although I have sought to obtain the transcript of interview referred to by the Australian on Saturday 18 August 2012, I have not been provided with it by Mr Styant-Browne. I am therefore not in a position to comment on its authenticity or contents, even if my obligations of confidentiality to former staff permitted me to do so.
There is in fact no inconsistency of substance between Mr Styant-Browne’s reported version of events and the facts outlined in the statement already provided by me, or the draft working document provided in confidence to Mr Styant-Browne by Mr Gordon and subsequently provided to the Australian without Mr Gordon’s knowledge or consent by Mr Styant-Browne. Whilst there is a great deal of conjecture and commentary now in the public domain none of it contradicts directly or otherwise the factual account set out in my statement or for that matter the draft working document published in the Australian and Mr Styant-Browne’s own version of events. In particular to my knowledge no one has advanced any credible evidence that there is now any more substance to the allegation first made 17 years ago and denied by Ms Gillard at the time and since that she was in any way aware of or a knowing participant in any wrong doing concerning what has become known as the Wilson/AWU matter.
It is regrettable that Mr Styant-Browne has seen fit to release confidential communications. Slater & Gordon has said all that it currently can say based on its own records and subject to its obligations to former staff and former clients. We therefore do not intend to make any further statement unless and until new information comes to light which we are permitted or required to place in the public domain.
Andrew Grech
Managing Director
On
On Wednesday 20 August 2012 Ralph Blewitt's lawyers responded to Grech's 14 August email.
You can read all the email exchanges between Ralph's lawyers and Slater and Gordon and their lawyers ABL here - Download Letters to and from SG and ABL-2
I'll try to highlight some of Slater and Gordon's claims in those letters here.
4 Sept 2012, James Higgins Slater and Gordon to Galbally for Ralph. He states Ralph paid for the $72K Kerr Street directly and there are no AWU WRA doccos. Really?
Right. Here's some of what we now know Slaters had at that time.
How could a purported bank advice about Ralph Blewitt depositing Ralph Blewitt's funds to Ralph Blewitt's lawyers for Ralph Blewitt's conveyance of Ralph Blewitt's investment property purchase not be a document that should have been disclosed to Ralph Blewitt?
If Slater and Gordon were fair dinkum in saying they acted above board and properly at all times in this conveyance there'd be no need for Slater and Gordon to conceal things from their client would there?
I'd hate to see how they act if they ever choose to act improperly if this is proper.
Needless to say, Ralph's lawyers go back with a letter that gets them this response.
Remember Andrew Grech's note to Ralph of 14 August 2012 - the one about reviewing files and maybe needing Ralph's waiver of privilege?
It was Mr Grech who contacted Mr Blewitt seeking Mr Blewitt's approval for the waiver of privilege.
The email is also useful in Mr Grech's reference to other files:
We are currently reviewing files from that period following those allegations and there is a probability that I will need to further communicate with you concerning waiver of privilege over other files conducted by the firm when you held elected positions in the AWU (Western Australia) branch.
One cannot review files which don't exist. We are currently reviewing files from that period.....and this.....I will need to further communicate with you concerning waiver of privilege over other files conducted by the firm when you held elected positions in the AWU (Western Australia) branch.
Mr Grech also knew in concise detail the nature of Mr Blewitt's role in the AWU...elected positions (note plural).....in the AWU (Western Australia) branch........given that this was Mr Grech who originated the correspondence it seems reasonable to infer that Mr Grech based his terminological exactitude on a reading of some file that would have disclosed that information.
The date again was 14 August, 2012.
Two months later on October 16, 2012, The Australian newspaper published this story referring to Mr Grech's actions of 2 months previous:
Mr Howes told The Australian yesterday that Slater & Gordon had been "highly unethical" for declaring it would ask the AWU to waive privilege to lift a legal lid on the files relating to Ms Gillard's work for the firm and the AWU in the early to mid-1990s.
The firm's head, Andrew Grech, pledged two months ago that Slater & Gordon was determined to protect its reputation: "We hope that we are released from our obligations of confidentiality so that we can speak freely."
The firm's strategy was viewed by an infuriated Mr Howes and his lawyers, Maurice Blackburn, as part of a bold challenge to the AWU to allow potentially damaging statements and material concerning Ms Gillard's legal advice into the public arena. Mr Howes said yesterday the firm subsequently wrote to him to advise that the most sensitive of the legal documents, over Ms Gillard's role in helping establish the slush fund, could not be found.
Two months before this article, Mr Grech was apparently in dialogue with the AWU seeking its waiver of privilege over files. Later on it found that most of the sensitive documents could not be found.
Mr Grech initiated the contact with Mr Blewitt asking Mr Blewitt to do something for the firm. Mr Grech said the firm had been inspecting files. Mr Grech said there was a probability he would need to communicate again over other files conducted by the firm when Blewitt held elected positions that Mr Grech described in detail. He said there was a probability he would need to communicate. He didn't say there was a probability we have files, or there is some doubt about whether we have other files. Quite the opposite, he said his firm was then engaged in reviewing files.
So what to make of this treatment of Ralph the former client?
You've got to give Ralph full marks for tenacity.
Date: Mon, 1 Apr 2013 17:06:10 +0800
Dear Mr Grech,Slater and Gordon acted for me in the purchase of 1/85 Kerr Street Fitzroy in February, 1993.I recently asked you for a copy of the firm's file on the conveyance and the mortgage you gave me.I've thoroughly perused what you sent in the conveyance and mortgage files and I see that you haven't included any copies of the Trust Account receipts for the money that I and entities associated with me paid you.I did not receive any receipts at the time I paid you either.I have been told that a law firm in Victoria has to make out a receipt when the firm receives money on trust.Would you please send me copies of the Slater and Gordon Trust Account receipts for:
- On 18 March the Australian Workers' Union Workplace Reform Association paid Slater and Gordon $67,722.30 as funds to settle my purchase. Would you you please send me the Trust Account receipt for the Association's money? I was the public office holder for the Association.
- On 29 April, 1993 my wife and I sent you a cheque for $2,000 as requested to meet a shortfall in your Trust Account - would you please send me a receipt for that too please.
(original completed with Mr Blewitt's details)
Slater and Gordon has ignored Mr Blewitt's clear advice to the firm that the source of the $67,722.30 was not Mr Blewitt himself, rather it was the AWU Workplace Reform Association. The firm continues to advise external parties that Mr Blewitt provided the money when he did not and in circumstances where Mr Blewitt clearly admits he did not and where he has provided the details that describe the true source of the money.
Beyond Mr Blewitt's written advice to Slater and Gordon, the true source of the $67K cheque (ie the AWU WRA Inc) has been the subject of court proceedings in the Australian Industrial Relations Court, matter 2082/96. The affidavit of (now Commissioner) Ian Cambridge sworn in September, 1996 exhibits material provided by the Commonwealth Bank of Australia which describes the AWU WRA's payment of the funds directly to Slater and Gordon.
None of that has caused Slater and Gordon to correct its continuing apparent mis-reporting. Here is its letter in reply to Mr Blewitt:
Date: Mon, 8 Apr 2013 02:52:43 +0000
Dear Mr Blewitt.
I write in response to the request for Trust Account receipts associated with your conveyancing file for your purchase of a property in 1993. I am assuming for this purpose that you are no longer represented by Galbally Rolfe and I can communicate directly with you in this regard. For the avoidance of doubt, and as we have previously advised you should continue to seek independent legal advice concerning these matters.
Your request was to our Managing Director Mr Andrew Grech. Mr Grech is on leave and has asked me to respond on his behalf.
Under the rules and laws applying to Trust Account receipts they must be kept for 7 years. Nevertheless we requested our Matter Accounts group search for receipts from 1993 related to this matter. Unfortunately it appears the firm largely no longer holds trust account receipts for the early 1990's given the expiration of time. We do enclose a copy of our Trust Account ledgers which we have previously provided to your lawyers. You will note that the ledger reflects that the transactions you have inquired about involved a Direct Deposit in your name. You are aware you deposited those funds at a Commonwealth Bank Branch in Western Australia. As previously advised to your lawyers there is no reference in your conveyance or mortgage file concerning where you sourced those funds. The other transaction you inquire about concerned a personal cheque in the name of R E & J A Blewitt.
You will note that these ledgers are in fact copies of the actual ledger that was printed off for the file on 13 July 1994 prior to any controversy concerning this conveyance. I am informed that this was likely to be for the purposes of archiving the file.
Yours faithfully
James Higgins
General Manager - Commercial and Project Litigation
SLATER & GORDON LAWYERS
How would you feel to find out while they were spinning you that rubbish, here's what they were asking the Supreme Court to keep secret from you:
Furtherance of fraud, anyone?