Why Were the Deeds Criminally Concealed?

The reason why it was necessary to criminally conceal the original Trust Deed and valid Deeds of Variation from the cestuis que trust (ie members and beneficiaries) was because the provisions for the payment of pensions had never been repealed either by a Deed of Variation executed in accordance with the genuine Power of Amendment of even by purported amending instruments that relied on another power of amendment not prescribed by the original Trust Deed.

The Defined Benefit Fund was not closed to new members until 1 December 1997.

The Original Trust Deed

The original Trust Deed provided for a life pension pursuant to Regulation 8 for a male officer who had completed at least 15 years of service and had not left the employer on a voluntary basis to seek other employment.

The original Trust Deed included a power of revocation in Regulation 33, which required a unanimous resolution in writing of the Directors of the sponsoring employer and well as by the Trustees.

Consolidation Deed of Variation

The original pension formula was repealed by the consolidation Deed of Variation dated 6 May 1958 and a revised formula included in Regulation 29.

Regulation 29 has never been repealed and the trusts have not been revoked pursuant to the Regulation 52 {originally numbered Regulation 33 in the original Trust Deed and the associated Trust Estate (Fund) lawfully wound up

.

The same applies to Regulation 30A which has never been repealed and the trusts have not been revoked pursuant to the Regulation 52 {originally numbered Regulation 33 in the original Trust Deed and the associated Trust Estate (Fund) lawfully wound up

.

Regulation 30A provides for survivorship pensions for widows.

What do the Recitals Say?

The Defined Benefit Fund was purportedly closed to new members on 1 December 1997, however as late as 8 March 2006, the recitals still made mention of the “Regulations”.

A purported Amending Deed dated 8 March 2006 stated in Recital C:

“The Fund is governed and administered in accordance with rule and regulations as amended from time to time (the rules). The Rules were originally adopted by the Trust Deed.

No mention is made of the “Regulations” being repealed in their entirety nor the date on when such a Deed of Variation was executed.

The recitals in all the purported amending instruments executed after 1980 reciting “Regulations” and “Rules” are listed in the following document.

List of Fraudulent Documents – Recitals

Regulations still in Force

The NAB Trustee (PFS Nominees Pty Ltd) has not been able to produce any amending instrument dated before 1 December 1997, when the Defined Benefit fund was purportedly closed to new members, that repeals Regulation 29 and Regulation 30A specifically or repeals all the Regulations in their entirety.

In fact the recitals make mention of the Fund being governed by both “Regulations” and “Rules”.

That is why dishonest officers of the purported corporate Trustees criminally concealed the Deeds that incorporated Regulations, since these Regulations are still in force.


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