“Red Flag” Documents – 1980s

There are three purported amending instruments executed during the 1980s and these are all “Red Flag” documents because they bear the signatures of persons who where the subject of three major investigations by the former National Crime Authority (NCA), namely

  • John Dorman Elliott
  • Ken Jarrett
  • Ken Biggins

  • The documents bearing their signatures are:

  • Purported “Resolution” dated 20 December 1982
  • Purported “Deed” dated 26 August 1986
  • Purported “Resolution” dated 15 December 1989

  • These documents are analysed in more detail on the following links:

  • The “Elliott Resolution” here.
  • The “Jarrett Deed” here.
  • The “Biggins Resolution here.

  • None of these documents have been executed in accordance with the provisions of the Power of Amendment {Regulation 50} namely:

  • A Deed must be used as the amending instrument;
  • A majority of the natural person Directors of the sponsoring Employer; and
  • A majority of the Trustee must give their written consent.

  • The “Elliott Resolution” and the “Biggins Resolution” are not even Deeds and the “Jarrett Deed” has not been executed by a majority of the Directors.

    The Elliott Resolution” was used as justification to remove five natural person Trustees from office, however the replacement corporate Trustee was a “de facto trustee (Trustee de son tort) and had no power to consent to any amendments to the terms of the trust, so the “J arrett Deed” and the “Biggins Resolution” are invalid for this reason as well.

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    This tab updated on 17 March 2015