Slater and Gordon holding Blewitt documents for their own legal protection while telling Blewitt documents didn't exist
Monday, 02 November 2015
Monday, 1 April, 2013 - Ralph Blewitt writes to Andrew Grech, Managing Director Slater and Gordon
Subject: FW: Request for Trust Account Receipts
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.
Thank you, look forward to receiving the receipts.
my mailing address is XXXXXXXXX
my mailing address is XXXXXXXXX
Regards Ralph Blewitt.
Monday, 8 April 2013 - Slater and Gordon replies - "largely" no longer holds Trust Account receipts
Subject: Your recent request.
Date: Mon, 8 Apr 2013 02:52:43 +0000
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
It appears that when Slater and Gordon says something doesn't exist, it means it might exist but we think it's legally privileged and confidential, in which case it doesn't exist at all.
The correspondence with Sciacca's lawyers on the day of Ralph depositing the $67K cheque from the AWU WRA to the Slater and Gordon Trust Account is damning - but there's a range of other transactions with Blewitt contained in the Supreme Court material as well.
Slater and Gordon acted for Ralph Blewitt. But when it turned to custard they dropped him in it.
But Julia Gillard was a different matter.