Serial Pest or well-know Whistleblower {NSD 1654/2018}?

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,

Following the publication of a defamatory and intimidatory article by journalist James Frost in the Australian Financial Review ( 31 July 2019) titled “Serial Pest hijacks ASIC’s case against NAB over fees scandal”, on 19 September 2019 Justice Yates made an order to remove the following Affidavits from the Court File:

(a) Affidavit of Phillip Charles Sweeney sworn on 1 May 2019;
(b) Affidavit of Phillip Charles Sweeney sworn on 1 August 2019;
(c) Affidavit of Phillip Charles Sweeney sworn on 5 August 2019;
(d) Affidavit of Phillip Charles Sweeney sworn on 21 August 2019;
(e) Affidavit of Phillip Charles Sweeney sworn on 26 August 2019;

On the 13 August 2019, an Affidavit was affirmed by PHILLIP CHARLES SWEENEY (not sworn) and was received by the Federal Court on 14 August 2019, however, an electronic copy was NOT filed on the Court File of NSD1654/2018 {ASIC v NAB Superannuation Trustees}.

There was no Order made with respect to this Affidavit by Justice Yeates.

Included in this Affidavit at Paragraph 5 was the following:

“I was a party to proceedings in the Administrative Appeals Tribunal in Sweeney and the Australian Information Commissioner and the Australian Prudential Regulation Authority (joined Party) [2014] AATA 539.

On 6 August 2014 Deputy President J W Constance in the Administrative Appeals Tribunal stated:
[3] Over the past seven years Mr Sweeney has been seeking to expose what he believes is fraudulent conduct involving the administration of a trust established in 1913 for the benefit of the employees of a major Australian company and their dependents. He has been dogged in his pursuit of documents which may establish that such a fraud has been committed. It may transpire that Mr Sweeney becomes well-known as a whistleblower who persevered. Notwithstanding the many obstacles he had to overcome.”

Documents confirming the widows’ death benefits were obtained a year later and have been provided to ASIC’s Chief Prosecutor, Daniel Crennan QC as confirmed in the Affidavit affirmed on 1 May 2019 {which was removed from the Court file).

Evidence was also provided in the Annexures to this Affidavit confirming that ASIC officers had provided false and misleading information to Senator John Williams in contravention of Section 13(9) of the Public Service Act 1999, the purpose being to protect white-collar criminals who refuse to pay widows their death benefits in the form of a survivorship pension from a Defined Benefit superannuation fund.

This is an extension of stealing money out of the superannuation accounts of deceased fund members exposed by the Hayne Royal Commission.

So why had the Affidavit affirmed on 13 August 2019 not be placed on the Court file when it had been received by the Federal Court of the 14 August 2019?

No mention was made in the Order by Justice Yates as to a specified way as to how this document which had not been filed on the Court file should be dealt with.

Therefore, the District Registrar must direct how this document must be stored pursuant to Federal Court Rule 2.28(3)(b). This is now a document of public interest.

The document I seek is a copy (but not the original) of the Affidavit affirmed on 13 August 2019 that was received by the Federal Court of the 14 August 2019 that was not placed on the Court file in an electronic format. This includes Annexures PCS21, PCS22, PCS23, PCS25, PCS26, PCS27, PCS28 and PCS29. The Annexures confirm serious misconduct by a number of ASIC officers.

This document will assist in obtaining advice as to how ASIC may be held accountable to honour the undertaking given before the Honourable Justice Kenny in VID 323 of 2011 and so that current proceedings where ASIC is the Applicant/Plaintiff cannot be impugned as an "Abuse of Process" should these proceedings not be stayed until such time as the undertaking has been honoured by ASIC or the Court has discharged this undertaking given before the Honourable Justice Kenny by ASIC by ASIC's Counsel, Mr Christopher Horan QC .

The case reference number is NSD 1654/2018

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 14.10.2019.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: External FOI
Federal Court of Australia


Attachment 2019 10 29 FOI Decision Sweeney Phillip 14.10.2019.pdf
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Attachment 2019 08 13 Correspondence from Mr Sweeney attaching affidavits.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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