The Murphy/Wilson file in full
Saturday, 07 October 2017
Here's the entire Murphy/Wilson file from Slater and Gordon.
Download Wilson central letter etc
Page 7 Handwritten note p1
B. Wilson 14.8.95
1.10pm
Attended w B.W.
Advised unable to act on his behalf b/c not prepared to be party to misleading union re WR Assoc. monies.
Very worried. Thought this meant we wld tell.
Advise him that cld not tell anyone. Completely prohibited.
Legal Prof. Priv.
Different thing tho to sit idly by or co-operate with it including?? acting for him.
Furthermore, he had lied to us about WR Assoc. He had instructed us to set it up.
SG.005.0136
Page 8 Handwritten note p2
, he had then received monies into it improperly.
Then he had spent the monies improperly.
Lied to us and involved us in criminal wrongdoing, re the house.
Partners very angry about that.
Cld not act for him. Wld give him a letter that day which set this out.
He concerned re letter being posted or even couriered.
I said I wld hand deliver it.
SG.005.0137
Page 9 Handwritten note p3
Suggested another solicitor.
Spec. in crim. law.
?? not apparently interested.
SG.005.0138
Page 10 Letter from Bernard Murphy to BW
BM:IU
14 August 1995
Re: possible criminal prosecution
(Handwritten note) Original of this letter read by Paul Henderson 14/8/95 and hand delivered to Wilson at above address in Hendersons presence on 14-8-95. Signed ??
SG.005.0139
BM6.14B/6
Page 11 Handwritten note
14/8
J.C. rang back. Concerned how our withdrawal was really b /c we were embarrassed about Wilson’s commitment to resignation/package and out of union.
Advised it was nothing to do with that & that I understood Wilson committed to leaving union with packages, with others.
Said I had spoken to Wilson about speaking to him directly
& he wld call him.
SG.005.0140
Page 12 Handwritten note
14.8
1.50
J.C.
Advised unable to continue to act.
Possible conflict – we act for union.
BW accused of misapp.
Did not feel comfortable.
Said had advised Wilson & he unhappy but wld prefer to deal with J.C. direct than Smith.
Did not currently intend to get another lawyer.
SG.005.0141
Page 13 Handwritten note
14/8
Peter McCarthy
Advised that developing view re conflict of interest. Wld not be attending at bank. Did he have bank statements? He will fax to J.C. and I said I wld get BW to pick up a set.
Indicated to him that my conflict was us acting for union and for him.
SG.005.0142
Page 14 Telephone message (Incoming)
14/8
BM
Caller: Peter McCarthy
Phone: 675 6293 Time 11.40
Message:
RYC
Spoke to John Cain. Hopes to have the ?? this afternoon
Details of the audits to a/c
Will fax bank statements to us.
30-6-95 Welfare??
– to union
– Re Election Fund
8-2-95 to now
SG.005.0143
Page 15 Telephone message (Incoming)
10/8
BM
Caller: Peter McCarthy From: Commonwealth Bank
Phone 675 6293 Time 2.20
RE: Matter name:- AWU
Message: T/O McCarthy 14/8
* Getting withdrawals & deposits is not a simple task
* B/W 27 June & 10/
- Leave him ?? 1
T/O McCarthy 14/8
SG.005.0144
Page 16 Telephone message (Incoming)
14/8
BM
Caller: Peter McCarthy From: CBA
Phone 675 6293 Time 10.55
MESSAGE: T/O left message
SG.005.0145
Page 17 Telephone message (Incoming)
10/8
BM
Caller: Peter McCarthy From: CBA
Phone 675 6293 Time 4.00
RE: Matter name:- AWU
MESSAGE: Please call b4 4.20pm
SG.005.0146
Page 18 Handwritten note
John Cain 10/8/95
- Hasn’t spoken to Harrison.
Smith has.
- Getting messages very strongly to that effect
- Try and make it as simple as possible
- Agreement b/w Wilson and union
- ??Allegations
- Decided to resign
- Resc term
SG.005.0147
Page 19 Handwritten note
Ralph Blewitt
Jim Collins
Mark Barnes
Bill the Greek Telikostoglou
Marie Murray Glen Cleghorn – Canberra
___
Sam Wood – org Melb
? Helmut Gries – org Melb
Steven Booth – Ind ORF – NSW
Lauren Godfrey – Org NSW
Tom Blacker – org NSW
Michael Barwick - Ind ORF Melb
Craig Wute - Ind ORF
Miles Rix – org Melb
Mick Young – org Melb
Phil Tuck – org Melb
Wayne Hem – office person
___
Christine Campbell – office person WA
Lindsay Harris – org
Mike Weller – org
None elected
SG.005.0148
Page 20 Handwritten note p1
10/8
Meeting John Cain (??) 9.00
- Discussed problem. J.C. indicated money for employees was arguably secret commissions
- Said his client’s requirement was that Wilson resign office, m’ship in union. If not he would be charged internally, there wld also be press & matter likely to find its way to police. (Careful not to specifically threaten police charges)
- Indicated after taking instruction that Wilson wld resign but wanted the standard AWU package.
Wilson concerned about press & possible police charges even if he left. J.C. felt this was unlikely
SG.005.0149
Page 21 Handwritten note p2
We to speak to Harrison and Smith.
Indicated possibility of others going if Wilson went. In fact, Wilson had said he would not resign unless those who supported him also left given standard packages.
SG.005.0150
Page 22 Handwritten note
(missing line)
Ludwig may at BW and my request.
He had been in meeting at Mt Isa all day.
Advised that BW wanted to resign and take standard package.
Wanted Ludwig’s assistance in this.
Ludwig not interested in assisting.
Not interested in being involved in negotiations. Had spoken to Cambridge and told him to brief R Kenzie to have a go at Harrison & Smith
Same view as earlier re nothing wrong with political donations. Told him highly likely Wilson wld resign following day
SG.005.0151
Page 23 File note p1
File note 9/8/95
In conference with Hinkley
Wilson told me for first time of the Workplace Reform Association account in WA.
Said that the monies from the account had been misspent on a no. of things he did not want to tell us about.
Indicated that if ?? a/c ever investigated he wld go to jail & so would other officials.
No further discussion re this in conf with Hinkley except agreed with Hinkley that I wld contact John Cain from MB
SG.005.0152
Page 24 File note p2
on behalf of Wilson to negotiate a redundancy package + resignation for Wilson in the hope that if he left there wld be no further investigation.
---
Had a coffee at ?? with Wilson immediately after conf. He told me then that S&G had set up the W.R. Association on his instructions as an election fund. & Also said that WR Assoc monies misspent by he and Blewitt on purchase of 1/85 Kerr St.
Very concerned. Told him that glad he had made his decision to resign already b/c this issue wld affect my ??
SG.005.0153
Page 25 Handwritten note
Woodside
- Managements commenced in early 94
- Mike Forshaw, Chris Hayes and myself
- A lot of payments made
- NCB – real q’s of survival
- moneys of NCB being banked by other branches. People
- Ralph B asks “what to do with cheque in Feb 95”. I told Ralph to leave it in safe, & worry about it later.
- (same with January payment from John Holland for $3000)
- Feb-Mar 95 wld NCB survive
can’t challenge
- April 95 – Elections
SG.005.0154
Page 26 Handwritten note p1
- Branch has no money at all.
Th
- Financial Dissarray – Auditors report
– NCB being ripped off by other branches
– Our super not being paid
– Hosp. benefits not being paid
– Peoples monthly letters
– No Bills being paid. Creditors demanding money
– Nat. Office delayed paying people
SG.005.0155
Page 27 Handwritten note p2
– Nat Office Building not sold. Had been told that if not sold by August then Bank wld foreclose.
- We discussed what we might do if the whole union went “into liquidation”.
Why don’t we open a new account on 13 June ’95?
Had old Vic AWU Account (General A/C) still in existence. Employers putting monies in & NCB operating it.
However knew it would not be operating
From 6 March, thru April 1995 I was asking for cheques & deposit books. I did not get them until early May 95. Hitchesen played “ducks + drakes” with us.
In period from 6 March to early May 1995 I did not bank these monies in that account. because union was broke.
SG.005.0156
Page 28 Handwritten note p3
raised it, it would have gone instantly.
In this period 6 withdrawals from ?? AWU working Account – Biggest one $7000 to finish the renovations.
In early May 95 finally got cheques & deposit books for NCB. I drew only emergencies from this. That is all I could have got anyway. Things like Telecom when phones were being cut off.
By mid May clear central funding is all over, with people just drawing cheques out of central fund with no a insufficient ??
8 June 1995 – Finance Ctee where each Branch stands on its own 2 feet. Each Branch runs own A/C. Suggestions of wrongdoing building. Huge argument. I speak
SG.005.0157
Page 29 Handwritten note p4
(missing line)
I think to myself that I will start to have to use their monies.
I had been having discussions with the C/W bank to try & get $200,000 overdraft & working account transferred to us. Bank said we couldn’t have a/c transferred to us. Said needed new A/C, & if got $200,000 overdraft it wld have to be authorised by Nat. Officials & they would have to tell them Bank what “security” wld be.
I couldn’t put it into old Vic account until this fixed up.
When I couldn’t organise this I went
SG.005.0158
Page 30 Handwritten note p5
(missing line)
1995. Started trading on it then we used that for membership dues.
B/W 8 June 1995 +
Letter from Cambridge saying those Branches having C/W Branches cld continue to use them provided they had a “Negative transaction” agreement with Bank of NSW to remit the 23% to the National Offices.
The account opened on
On 3 July 1995 the National Office opened the new decentralised accounts for each Branch from A Bank of NSW A/C for our use. 1. No good to us b/c throughout ?? can’t bank into it. 2. Still ?? the 23% problem
SG.005.0159
Page 31 Handwritten note p6
(missing line)
the earlier deposits made + banked again in the election account. I did not think about it. Everything was a schemozzle.
Still hadn’t finished negotiations with the C/W Bank re use of old Vic AWU account. Not until 8/8/95 did it become clear that we wld have to give the C/W Bank away.
What was your plan with this money?
Once I had established the NCB & it was clear that would happen, then we would transfer the Union monies into it.
At Finance Ctee on 19/6/95 (I think, there was discussn about setting up separate a/cs
SG.005.0160
Page 32 Handwritten note p7
(missing line)
WA $300,000 from Thiess
- an incorporated association
The $20,160 cheque from Thiess was made out to this association.
However, it could lead back into these other drama’s.
There would be a problem re “secret commissions” with this. Money spent on all sorts of things
The “AWU Workplace Reform Assoc” account closed in April ’95. It operated out of
SG.005.0161
Page 33 Telephone Message (incoming)
9/8
Caller: Bruce
Phone: 9639 1655 Time: 2.00
MESSAGE: See fax – please call
Ian Cambridge – 018 647 597
SG.005.0162
Page 34 Facsimile Message
Bernard Murphy
Date: 9 August 1995
To: Bob Smith
Bruce Wilson
From: Ian Cambridge
SG.005.0163
Page 35 AWU-FIME Letter
Letter to Peter McCarthy from Ian Cambridge
SG.005.0164
Page 36 AWU-FIME Letter p1
Letter to Bruce Wilson from Ian Cambridge and Steve Harrison
SG.005.0165
Page 37 AWU-FIME Letter p2
Letter to Bruce Wilson from Ian Cambridge and Steve Harrison
SG.005.0166