Justice Pack for the Widows

The Minister responsible for ASIC has powers pursuant to Section 14 of the ASIC Act 2001 to give a direction to ASIC to investigate alleged fraudulent conduct.

To assist the Responsible Minister exercise his powers pursuant to Section 14 to ensure that widows who have been defrauded out of their survivorship pensions receive justice a “Justice Pack” has been prepared for the Responsible Minister which contains the necessary evidence and the principles of law.

Section 14- Minister may direct investigations

(1) Where, in the Minister’s opinion, it is in the public interest in respect of this jurisdiction for a particular matter to which subsection (2) applies to be investigated, he or she may by writing direct ASIC to investigate that matter.

(2) This subsection applies to a matter relating to any of the following:

(a) an alleged or suspected contravention of the corporations legislation (other than the excluded provisions);

(b) an alleged or suspected contravention of a law of the Commonwealth, or of a State or Territory in this jurisdiction, being a contravention that:

(i) concerns the management or affairs of a body corporate; or

(ii) involves fraud or dishonesty and relates to a body corporate or financial products;

The incumbent Minister responsible for ASIC is the Assistant Treasurer, the Hon Josh Fredenberg MP.

Widows Entitlement

A trustee as the archetype fiduciary is under a legal obligation to advise persons who have a beneficial interest in the trust of their entitlement under the trust, even if that entitlement is contingent and not a vested benefit.

Palmer J in Chang v Tjiong & Ors [2009] NSWSC 122 stated at [45]:

“ It is the duty of a trustee to ensure that beneficiaries are made aware of their rights: see In re Emmet’s Estate (1881) 17 Ch D 142, at 149; Hawkesley v May [1956] 1 QB 304, at 322. A trustee can hardly comply with this duty unless he or she keeps the terms of the trust readily available so that they may be explained, or produced, to beneficiaries and made known to successor trustees: see Ford & Lee Principles of the Law of Trusts [9150].”

If widows have an entitlement to a survivorship pension and a trustee or purported trustee:

  • (i) Does not advise the widows of their pension entitlement;
  • (ii) Criminally conceals the genuine Deeds of the trust that confirms the entitlement from the widows and other beneficiaries of the trust;
  • (iii) Draws up a fraudulent “Trust Deed” to deceive the beneficiaries of their lawful entitlements;
  • (iii) Fails to pay the widows their pensions; and
  • (iv) Misappropriates monies from the Trust Fund held on trust to pay the widows pensions
  • this raises the question as to whether this dishonest fraudulent conduct is a matter of “Public Interest”.

    This question has added significance when the fraudulent “Trust Deed” bears the signature of a well known white-collar criminal who has served a term of imprisonment for dishonest conduct.

    Evidence of Widows Entitlement