Evidence Provided to ASIC

Over the last 5 years Officers of ASIC have repeatedly claimed that there is “No Evidence” to prove Australia’s Worst White-Collar Crime, even though ASIC has:

  • (i) made no attempt to obtain any evidence, and
  • (ii) blocked the victims from obtaining evidence that they are lawfully entitled to have access to.
  •  

    {Note: The response by ASIC was much different in the Trio Capital Superannuation Fraud Case}

    However the victims have been able to obtain evidence with the Assistance of the Deputy Premier and  Attorney-General of South Australia, the Hon John Rau MP, and his Department.

    The following evidence has been provided on the 19 December 2014  to the Chairman of ASIC, Mr Greg Medcraft:

    1. consolidation Deed of Variation dated 6 May 1958
    2. Deed of Variation dated 20 November 1974
    3. Purported Deed of Variation dated 26 August 1986 {Signed by Ken Jarrett}
    4. Purported “Resolution” dated 20 December 1982 {Signed by John Dorman Elliott}
    5. Purported “Resolution” dated 15 December 1980 {Signed by Ken Biggins}
    6. Purported “Resolution” dated 3 September 1991 {Signed by Ken Biggins}
    7. Purported “Resolution” dated 18 June 1998 {Signed by Geoffrey Cohen}
    8. Evidence Sourced from the Parliament of South Australia

    In addition the Chairman was provided with a copy of the following Document on 7 December 2014: “How the Chairman of ASIC can prove the fraudASIC Chairman – Proving the Fraud

    Mr Warren Day, a senior ASIC Officer, who appeared before the Senate Committee was provided with a copy of the following Document on 28 December 2014. Warren Day – Proving the Fraud

    Media Releases

    Copies of the following ASIC Media Releases were also provided:

  • 03-144 Court finds against Water Wheel Directors
  • 05-388 ASIC Charges former HIH Chairman
  •  

    Case Law References

    The  Chairman of ASIC was also provided with references to and extracts from cases involving the amendment of Trust Deeds:

    • Briggs v Gleeds (Head Office) [2014] EWCH 1178 (Ch) – details of this case can be found here.
    • Walker Morris Trustees Ltd. v Masterson & Anor [2009] EWHC 1955 (Ch) – details of this case can be found here.
    • Sovereign Trustees Ltd & Anor v Glover & Ors [2007] EWHC 1750 (Ch) – details of this case can be found here.
    • Trustee Solutions Ltd & Ors v Dubery & Anor [2006] EWHC 1426 (Ch) – details of this case can be found here.
    • NSW MASONIC YOUTH PROPERTY TRUST & ANOR v HER MAJESTY’S ATTORNEY-GENERAL IN AND FOR THE STATE OF NSW & ANOR [2009] NSWSC 1301 – details of this case can be found here.
    • Courage Pensions Case – details of this case can be found here.
    • Metropolitain Gas Case– details of this case can be found here.