Former Australian Attorney-General Robert McClelland to Testify at Lawyerocracy on Trial, 21 May 2012

… ☞☞☞ … Robert McClelland was first elected as the Federal Member for Barton in March 1996. In October 1998 he was appointed Shadow Attorney-General and later served in a range of shadow portfolios including Workplace Relations, Justice, Homeland Security, Defence and Foreign Affairs. Robert served as the Federal Attorney-General from 2007 to 2011. He also served as the Minister for Emergency Management, Housing and Homelessness … ☞☞☞ …

On 21 May 2012 the Victorian Government is conducting an inquiry into the absence of professional standards in the Australian (Victorian) legal profession, and at the broad intersection of the legal profession with the upper benches of all three branches of State and Federal government (benches that these days look like little more than an exclusive lawyers club).

This unprecedented and history making trial starts at 10.00 am on Monday 21 May 2012 and will be held at 55 King Street, Melbourne, Victoria, Australia.

Former Australian Attorney-General, the Federal MHR for Barton, Robert McClelland is the first of 9 present and past Parliamentarians / Cabinet Ministers including Prime Minister Julia Gillard and Attorney-General Nicola Louise Roxon, 16 past and present Judges, 10 past and present Government Agency Heads and over 50 Senior Public Servants – (all lawyers) who have been Summoned to Appear, to confirm that he will cooperate in the production of documents and in testifying at these hearings.

This is an open invitation to the media and to the public to attend the hearings.  Come and, look, listen, laugh and learn as leading Australian lawyers, lawmakers, governmen and governwomen (the Australian lawyerocracy elite) are put on trial and compelled to answer questions that they have been avoiding, for generations.


The following is the text of my letter to Robert McClelland today, thanking him for his cooperation and compliance with this important Victorian Government Tribunal hearing starting on 21 May 2012.  My letter includes a paste-in of Robert’s confirmatory email to me.

Please be forgiving of any formatting distortions that occur in the translation of this letter from “word” to “WordPress”

James Johnson, Independent Federal Candidate for Lalor 

From The Office of

James Johnson

Independent Federal Candidate for Lalor

B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Whistleblower. Journalist. Independent Documentary Film Maker.

mail: PO Box 6137 Point Cook

Victoria Australia 3030

sms: +61 (0)401 865 914 (text only)





To sin by silence when they should protest makes cowards of men. – Abraham Lincoln



We are now living in a world … where whistleblowers are traitors and journalists are enemy combatants. – Christine Assange

9 May 2012

Robert Bruce McClelland

Federal MHR for Barton / Former Attorney – General for Australia

Suite 203, 13A Montgomery Street, Kogarah, NSW Australia

by facsimile: 02 9553 0855

telephone: 02 9553 4111

twitter: n/a

cc: Special Investigations Unit [Fax No. Withheld]

Dear colleague


Thank you for your prompt and courteous email message (copied below) confirming receipt of your summons and your co-operation with the production and giving of evidence for the 21 – 23 May 2012 Victorian Government tribunal of inquiry into the absence of professional standards in the Australian (Victorian) legal profession.

May I begin by expressing my disgust at the public and personal deceitful manner in which popular Australian Prime Minister Kevin Rudd was undemocratically dismissed by his deputy, the current MHR for Lalor, Ms Gillard on 24 June 2010, and the way that you were consequently dismissed as the Australian Attorney-General by said Ms Gillard just a month or so ago.

I assure you that my fellow constituents, the good people of Lalor, will be speaking loudly and clearly to Ms Gillard via that most feeble, “last line of democracy”, the ballot box, next time it is open for business, about just what is acceptable and just what is not acceptable conduct, not in public and not in private life, either.

It is tragic to think (as the portrait of “Gough and Kerr” hanging in my Chambers demonstrates) in another time and place, we might well have been colleagues in a political party sense, and not merely, nominally, as members of the same legal fraternity.

Regarding your acknowledgement and compliance with the VCAT Summons for this hearing, subject to one clarification and a caveat, your “conditions” are of course quite reasonable.

Conduct Money versus Testifying by Video-Link

I intend to organise for interstate witnesses to give evidence via video link, as I am as keen to minimise the Victorian Government’s unwanted intrusion into your busy schedules as much as I am keen to minimise its intrusion into my own affairs.

Should you be required to give evidence in person in Melbourne, then I will see what I can do regarding airline tickets (and a return one at that) rather than one-way, suburban and intercity train tickets which is your maximum entitlement (if any) under VCAT and more general background laws. I mention in passing that if you were an ordinary citizen, a one-way train ticket would be your maximum (and indisputable) legal entitlement as regards conduct money. But as you are a public servant (as indicated by your clear decision not to assert any claim for loss of pay or similar type witness expenses) I am fairly sure that your public duties owed, and public purse available to cover your transport expenses, rather than resorting to your private purse, remove any legal right to claim reimbursement out of my private purse.

Again, I mention this in passing as I don’t believe you will require conduct money as I believe that you will be able to give evidence by video-link, when the relevant day comes for you to testify (see below).

Service by facsimile – no right to personal service

You have suggested (wrongly, and I apologise for drawing attention to your mistake over this foreign / Victorian point of purported law) that you are entitled to receive “an original sealed copy of the summons .. served ..”.

A minor (and tangential) clarification barely worth mentioning as a procedural point but very important from a constitutional human rights perspective is that, under the relevant VCAT rules (section 140 of the VCAT Act), individuals are not entitled to personal service of an original sealed copy of the summons. Under the VCAT rules corporations are required to be served personally. IN this sense, corporations are given greater human rights than flesh and blood (or, rather, corporations are given the basic human rights). A facsimile transmitted to the last known home or business address counts as valid service on a human being – without even a requirement to prove that they actually received or became knowledgeable of the summons (or claim) against them. I wonder how many VCAT respondents are stitched up this way, with judgments handed down by the VCAT against them when they didn’t even know they were being tried. I suspect this is a significant percentage of VCAT’s workload (maybe even double digit percentages) judging by the volume of complaints that cross my desk.

For out purposes, I merely mention this in passing, since I am not responsible for this rubbish on our statue books (90% of which is of course rubbish just like this). Nor of course are you responsible for this bit of rubbish, since this is off the Victorian statute books, not the Federal Australian statute books. And of course I will post you an original sealed copy of the Summons for your records.

Dates for Compliance with Summons to Produce Documents

I advise that contrary to the 10.00 am, 21 May 2012 attendance date specified in the Summons, I do not require your presence at VCAT in person on that day.

Given that I will have in the order of 100 – 250 witnesses to call, these hearings are going to take months. I will be impressing in the interests of natural justice that the Victorian Government must present what it calls its “open and shut case” on the three allotted days of 21 – 23 May 2012 (incidentally, I am not sure what exactly these Victorian Government agents mean when they use those words, certainly not their ordinary English meanings – I count one shut case and several dozen unopened cases amongst the pitiful materials the Victorian Government has filed – but again that rubbish is none of your nor my responsibility).

Therefore, I ask that you comply with the Summons to produce documents, and have copies of the summonsed documents delivered into VCAT by 21 May 2012 at the latest. I note that you are not entitled or necessitous of any conduct monies for compliance with this aspect of the Summons.

I also note that the class of documents you are summoned to produce were documents generated to / from you and your staff in your capacity as the Attorney-General for Australia. There is a particularly significant letter that you wrote to colleague Malcolm Turnbull relating to my predicament, that his Chief of Staff Peta Credlin purported (but failed) to copy to me. I am most anxious in particular to see that letter of yours. To the extent that these documents are now in the possession and control of your parliamentary colleague and successor as Federal Attorney-General, Ms Nicola Roxon – they of course remain within your “possession and control” as a matter of law, even if your staff have to approach Ms Roxon’s staff in order to obtain copies of this / these documents.

I am sure that even without my spelling out these details to you, I could rely on your public duties (as a Member of the House of Representatives) and private duties (as per the Summons issued in VCAT) for you to produce these documents to me / VCAT on or before 10.00 am on 21 May 2012.

You are required to Give Evidence on a date later than 21 May 2012 (for present purposes, I am fixing as 3.00 pm on 23 May 2012)

I also advise that I require you to attend at VCAT at 3.00 pm on Wednesday 23 May 2012, being a later date substituted for the one expressed in the Summons – unless, of course, I advise you before then of yet another later date for your attendance.

Please note that I am specifying 3.00 pm on 23 May 2012 as a default date so as to keep the Summons process intact. I expect that, after discussion at VCAT on the morning of 21 May 2012 I will be able to notify you later (probably on the evening of 21 May 2012) of a further substituted date, a later date, that is likely to be several months into these hearings, as the date that you will be required to give evidence.

I do hope I have explained this to your satisfaction. And please spare a thought for how much of my own time and energy I have to expend marshalling and re-marshalling several hundred witnesses, including in all probability over 100 as the final tally of summonsed witnesses.


Please be assured, as I give you my word, that when you are called on to give your evidence I will treat you with all courtesy and kindness due to you given your station in our government and our society.

There is absolutely no way that I will be dragged down to the level of behaving towards you, or anyone else such as yourself, in the outrageously rude, unprofessional and unethical discourteous manner in which I am being time and again affronted by these shameful Victorian government agents (all of them lawyers) in this latest (third cycle) round of their criminal reprisals and vendettas against me.

Kind Regards,


Independent Federal Candidate for Lalor

(in the) Australian House of Representatives

Constitutional Human Rights Advocate

Solicitor and Barrister of the High Court of Australia

(Celebrating 20 Years of Legal Practice 1990 – 2010)

Text of Email received from Robert McClelland, MHR for Barton

McClelland, Robert (Private) [withheld]

May 8 (1 day ago)

to me

I have received a facsimile copy of a purported summons to appear and produce documents in matter J134/2011.

 I give notice that in order for me to attend court on 21 May 2012 I would require an original  sealed copy of the summons to be served upon my office in accordance with the rules of VCAT.

 I would also require conduct money to be provided being the cost of a return economy airfare from Sydney to Melbourne.

 Your sincerely

Robert McClelland


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