Letter to HR Committee on Economics - Appendix B

Phillip Sweeney made this Freedom of Information request to Federal Court of Australia

The request was successful.

From: Phillip Sweeney

Delivered

Dear Federal Court of Australia,

In a letter dated 23 September 2019, the House of Representatives Standing Committee on Economics was informed of an undertaking given by ASIC before the Honourable Justice Kenny in VID 323 of 2011 to the effect that ASIC would investigate allegation on misconduct (namely a fraudulent breach of trust) associated with one of Australia's oldest occupational pension schemes established by a Trust Deed made on the 23 December 1913 in the State of South Australia.

A copy of the undertaking was provided in Appendix B in this letter.

Evidence provided by the Attorney-General's Department of South Australia and the Parliament of South Australia itself confirms the fraudulent breach of trust.

Since 1 July 2016, NULIS Nominees (Australia) Ltd (a subsidiary company of the National Australia Bank), has been the legal entity responsible for the administration of this Defined Benefit occupational pension scheme.

This Defined Benefit occupational pension scheme was closed to NEW members on 30 November 1997 after a member-elected trustee director commenced proceedings in the Supreme Court of Victoria after he was sacked after raised concerns as to the administration of this occupational pension scheme.

ASIC is currently taking proceedings against NULIS in the Federal Court [NSD 1654/2018].

The document I seek is a copy of the letter to the House of Representatives Standing Committee on Economic dated 23 December 1913 which includes the undertaking given by ASIC in Appendix B.

Yours faithfully,

Phillip Sweeney

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From: External FOI
Federal Court of Australia


Attachment 2019 10 22 Acknowledgement of FOI Request Sweeney Phillip 17.10.2019.pdf
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UNCLASSIFIED
Dear Mr Sweeney,

Please find, attached to this email, correspondence in relation to your FOI request.

Kind regards

FOI Officer
Federal Court of Australia

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From: Phillip Sweeney

Delivered

Dear Federal Court FOI,

The Federal Court - NSW Division seems to operate completely independently of the Victorian Division and is seeking to ignore that ASIC gave an undertaking before the Honourable Justice Kenny in VID 323 of 2011 to investigate allegation of a fraudulent breach of trust associated with an occupational pension scheme established by a Trust Deed made on the 23 December 1913 in the State of South Australia.

ASIC is now in contempt of the Federal Court for failing to honour that undertaking, despite a wealth of evidence that the Attorney-General's Department of South Australia and the Parliament itself is able to provide ASIC.

This is a matter that must be brought to the attention of relevant Parliamentary Committees with oversight over ASIC.

This a matter of significant public interest.

The Federal Court was copied on this document sent to Tim Wilson MP - Chair of the House of Representatives Standing Committee on Economics via email.

Yours sincerely,

Phillip Sweeney

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From: External FOI
Federal Court of Australia


Attachment 2019 09 23 Correspondence Phillip Sweeney to Hon Tim Wilson MP.pdf
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Attachment 2019 11 01 FOI Decision Sweeney Phillip 17.10.2019.pdf
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UNCLASSIFIED
Dear Mr Sweeney,

Please find, attached to this email, correspondence in relation to your FOI request.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

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