Concealment of Evidence – Supreme Court of Victoria

A key feature of this major superannuation trust fraud is the attempts that have been made to conceal the original Trust Deed and genuine Deeds of Variation.

Not only have these important legal documents been criminally concealed from the cestuis que trust by purported Trustees who have not been lawfully appointed to the office of trustee, but the file copies of these documents held by the drafting solicitors, Finlaysons, were obtained under false pretences and destroyed, so as to prevent the cestuis que trust gaining access to them.

The original Trust Deed and genuine Deeds of Variation should have been discovered during proceedings in the Supreme Court of Victoria against a former purported corporate Trustee, since these documents were material evidence for the Court.

However the earliest document discovered was a purported set of rules that had been attached to a purported Deed of Variation executed on the 26 August 1986 that bears the signature of Ken Jarrett. The document bearing the signature of Ken Jarrett was itself not discovered.

Ken Jarrett is a well known white-collar criminal who served a term of imprisonment for dishonest conduct, following a major investigation by the former National Crime Authority.

However disciplinary proceedings were taken against a legal practitioner, Joseph D’Abaco, who had attempted to conceal another important document of evident from the Court.

Details of these disciplinary proceedings can be found here.

The document that had been attempted to have been concealed from the Court was the CUB Redundancy Policy that provided “all staff will be given ten weeks of advice of their termination”, and that “the ten week notice period will be the standard approach to termination”.

A newly elected Member-Director had requested copies of certain “trust documents” so as to prepare himself for his first Board meeting of the purported corporate Trustee, however he was retrenched with only one day’s notice effective the day before he was due to attend his first Board meeting

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This tab updated on 16 March 2015