Dear Federal Court of Australia,
Attached to an affidavit affirmed on 25 September 2019 as Exhibit PCS54 was a copy of a document titled "Elders IXL Limited - The Provident Fund - Resolution".
This document was not duty stamped as a Deed nor as an Agreement as required by the Trustee Act 1932 (SA).
This document bears the signature of John Dorman Elliott twice - once as a Director of Elder IXL Ltd and again as one of five natural person trustees of this Defined Benefit occupational pension scheme.
Two of the natural person trustees had been elected by the fund members and one by the fund pensioners.
Purported Rule 1.2.2 in this document purported to allow Elders IXL (namely its CEO John Elliott) to remove all the natural person trustees from office and replace them by a corporate trustee where all the directors would be nominated by Elders IXL and none by the members and pensioners.
These five natural person trustees resident in South Australia were in fact unlawfully removed from office by Mr Elliott as soon as the ink was dry on this purported "Resolution' which then exposed this superannuation fund to the fraudulent breach of trust that then befell the widows of qualifying fund members
Mr Elliott and his colleagues were the subject of a major investigation by the former National Crime Authority (Operation Albert). Ken Jarrett the CFO spent time in prison.
In Paragraph 10 of the affidavit affirmed on 25 September 2019 the following was stated:
"One of ASIC's Deputy Chairman, Daniel Crennen QC, who is also ASIC's Chief Prosecutor, acted as Counsel for John Dorman Elliott against ASIC in the Victorian Court of Appeal in Elliott v Australian Securities and Investments Commission [2004 VSCA 54], giving rise to a potential conflict of interests which should be disclosed to the Federal Court in these proceedings."
In fact, this conflict of interest may result in ASIC and its Counsel Mr Tim Faulkner SC, concealing this "Resolution" signed by Mr Elliott from the Federal Court in NSD 1654/2018.
The affidavit affirmed on 25 September 2019 and the document bearing the signature of Mr Elliott were sent to the Federal Court by Registered mail (RPP 4463900051000992898607} and was received on 9 October 2019 by T Pham.
I do not seek a copy of this affidavit and document.
The documents I seek are any documents that would confirm that the document bearing the signature of Mr Elliott was not put through the Federal Court shredder so as not to cause embarrassment to both Mr Crennan and Mr Elliott in NSD 1654 of 2018.
This document signed by Mr Elliott is also relevant to the undertaking given before the Honourable Justice Kenny in VID 323 of 2011 which shall also in future be brought to the attention of the Federal Court when I seek to again uphold my rights as the Applicant in VID 323 of 2011, which are being denied in NSD 1654 of 2018 following the disparagement of a whistleblower by reporter James Frost, which is a Contempt in the face of the Court.
The Federal Court cannot sweep the fact that ASIC is currently also in Contempt of Court for failing to honour the undertaking given before the Honourable Justice Kenny "under the carpet".
Dear Mr Sweeney,
Please find, attached to this email, correspondence in relation to your FOI request.
Federal Court of Australia