A Revised With Prejudice Settlement Offer to the Victorian Government

… ☞☞☞ … 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. Between 100 – 200 witnesses, including PM Gillard, AG Roxon, MHR Turnbull, 9 MPs, 16 Judges, 10 Govt Agency Heads and more will testify. Many have been Summoned against their will to produce evidence and to give evidence at these Victorian Government Tribunal hearings … ☞☞☞ …

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.

Recently Gillardtined 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, new Australian Attorney-General Nicola Roxon and, at State level, Victorian Premier Ted Baillieu, Victorian Attorney-General Robert Clark, former Victorian Premiers John Brumby, Jeff Kennett, and former Victorian Attorney-General Rob Hulls, all up, 9 Federal and State Ministers of Parliament, 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.

“Newsworthy?  When was the last time so many State and Federal MPs, Judges, Government Agency Heads and senior public servants were keel-hauled into their own forum, according to their own rules, to be questioned on such weighty (and self-incriminating) matters – where the rules of the forum have stripped them from any claims to refuse to answer questions on the grounds of self-incrimination?

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.

FOR ALL MEDIA ENQUIRIES – send an EMAIL to:21May12@jamesjohnson2020.com .

The following is my letter today to the Victorian Government (4 key publicly-funded, lawyer-dominated government agencies, including the Department of Premier and Cabinet and Premier Ted Baillieu himself),

A Quick Introduction to the With Prejudice(save as to price) Settlement Offer

It is impossible to believe the farcical nature of these proceedings.  A criminal reprisal against whistleblower @JamesJohnsonCHR for which the said Michael McGarvie is doing his utmost to be the first government official to be jailed (for up to a maximum of two years) for criminal reprisals against a whistleblower under Victoria’s decade old, untested Whistleblowers Protection Act 2001.

In keeping with the farcial nature of this illegal and malicious prosecution (and reverse-prosecution by which @JamesJohnsonCHR is putting the LAWYEROCRACY ON TRIAL to fend off these criminal reprisals) @JamesJohnsonCHR this weekend sent a revised “with prejudice settlement offer” to the errant applicant government agency, Michael McGarvie.

There is nothing magical about the lawyers slogan “with prejudice settlement offer”.  All it means is that the terms of @JamesJohnsonCHR’s extraordinarily generous and mirth-filled offer are made open (therefore “with prejudice) to the Tribunal (and in this case to the State Government Ombudsman Victoria, George Brouwer and to the elected Victorian Head of State, and leader of the Legislative Assembly, Premier Ted Baillieu).

I have kept the amount that I have offered to take as settlement (compensation) confidential.  This is not something taht I personally agree with.  I am disgusted with the idea that government agents and agencies can brutally abuse citizens and then, for the very few who can survive the beatings and endure to the point of being able to bring pressure and law suit for compensation, be paid out using public monies, rather than the government agent’s own assets being confiscated to compensate their personal victims, and the whole details of how much public monies paid in respect of the private mistakes of those corrupt government agents being kept secret from “we the people”.  However, given that is the way that government “rules” (as oppposed to “works” or even “governs”, just “rules”) in this once great country we call Australia, there is no point me disclosing publicly the settlement figure I require to let the Victorian government walk away from this scandalous, false, and maliciously brought prosecution against me – since the Government will never agree to a settlement figure that has been made public (either exactly or in approximate figures).  That isn’t the way that government is done to us in this country.

The terms of this “with prejudice settlement offer”, are a further damning expose of the corruption, absence of professional skills, absence of professional ethics and absence of professional judgement, in short, the criminality of the “protection racket” tactics of faux legal regulator Michael  McGarvie and his disgraced predecessor, Victoria Marles, are once again showcased in this letter.

Set out below is the text of this “with prejudice settlement offer”. Please be forgiving of any formating errors in the translation from “word” to “wordpress”.

James Johnson, Independent Federal Candidate for Lalor


James Johnson

Independent Federal Candidate for Lalor

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

The Crucible” http://wp.me/p1Ay6h-27 || http://wp.me/p1Ay6h-19 “Soylent Green and Gold”

* http://www.thenewamerican.com/world-mainmenu-26/europe-mainmenu-35/11509-is-julian-assange-being-denied-due-process

mail: PO Box 6137 Point Cook

Victoria Australia 3030

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

email: 21may12@jamesjohnson2020.com


blogs: http://jamesjohnsonchr.wordpress.com


web: www.jamesjohnson2020.com

twitter: www.twitter.com/jamesjohnsonchr

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

* http://delimiter.com.au/2012/04/17/australian-govt-says-hands-tied-on-assange/

* http://www.theage.com.au/opinion/politics/truth-of-assange-is-stranger-than-fiction-20120411-1ws4o.html

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

6 14 May 2012

Mr Michael McGarvie – Legal Services Commissioner

Level 9, 330 Collins Street Melbourne Victoria 3000

With Prejudice (save as to price) Settlement Offerby facsimile: 03 9679 8101

( Telephone: 03 9679 8001 )

cc: Special Investigations Unit [Fax No. Withheld]

The Legal Practice List Coordinator

Victorian Civil and Administrative Tribunal

55 King Street Melbourne Victoria 3000

by facsimile: 03 9628 9788

( Telephone: 03 9628 9081 )

CC: George Brouwer

State Government Ombudsman – Victoria

Level 9, 459 Collins Street, Melbourne Victoria Australia

by facsimile: 9614 0246

telephone: 9613 6222

CC: Ted Baillieu

Honourable Member for Hawthorn, and Premier of Victoria

325 Camberwell Road, Camberwell, Victoria Australia

by facsimile: 9882 4051

telephone: 9882 4088

Dear Sirs / Madams

Michael McGarvie – Legal Services Commissioner v Harold James Johnson

I refer to the above matter, set down for hearing at VCAT, 55 King Street, Melbourne, starting 10 am on 21 May 2012.

The primary purpose of this letter is to change the nature of the “settlement offer” that I communicated to the addressees (other than VCAT) on 6 May 2012 on a “without prejudice” basis and to substitute the following “settlement offer” that is “with prejudice” as regards every term of the offer other than the ‘price’ (settlement I demand from the Victorian Government, acting through the LSC). The “price” remains undisclosed, on a without prejudice basis, at the figure that I struck to the LSC in my letter of 6 May 2012.

Step One (Substitution)

I hereby expressly withdraw “with prejdice” (ie on the Tribunal Record) the “with prejudice” settlement offer previously made to the applicant by letter of offer dated 5 May 2012 to settle this matter “… by [VCAT applicant] immediately withdrawing it and paying to me the sum of $275,000,00 (Two Hundred and Seventy Five Thousand Dollars) … not conditional on any kind of apology or admission of wrong doing. Nor is it subject to any sort of calculation or verification or vetting process.”

Step Two (Explanation)

I do not owe the applicant any explanation or duty to give reasons for my decision. I do wish to put it clearly on the record (especially for Mr Brouwer and for Premier Baillieu) that I could not in all good conscience take such a small amount of “hush money” as $275,000.00 – notwithstanding the amount of good, counselling and compensation claims, I could fund for others even with such a tiny amount. I could not take the “hush money” if it meant failing to follow through with the reforms that are required to clean up the legal profession, starting with publicly-funded, lawyer-dominated and corrupted organisations such as the Legal Services Commissioner.

I therefore wish to be very clear in the “reform” conditions attaching to this substituted “without prejudice” settlement offer.

I also wish to be very clear that I reserve the right to change this new settlement offer from “without prejudice” to “with prejudice” at any time through the simple expediency of making it known to VCAT what the terms of this new settlement offer are, including the right to make it so known without prior discussions with the applicant.

Step Three (Terms of New With Prejudice Settlement Offer)

In accordance with VCAT rules and procedures I hereby invite applicant to settle this proceeding on the following basis:

(a) by the applicant immediately withdrawing this illegal prosecution application, and paying to me the sum of ############################################### (the amount, unchanged, from the amount I stated in my previous “without prejudice” version of this letter, as sent to all the parties except VCAT, dated 5 May 2012 . Note that this offer (too) is for an absolute fixed amount and is not subject to any sort of calculation or verification or vetting process.

(b) by furnishing me with unconditional apologies, to be made public, and to be made in terms as drafted by me and as wholly to my satisfaction.

(c) by Mr McGarvie tendering to Premier Baillieu and to Attorney-General Clark his immediate, resignation (without benefits) as Legal Services Commissioner / CEO of the Legal Services Board pending his in-depth investigation and prosecution, and recommending to Premier Baillieu and Attorney-General Clarke that I be immediately sworn in as caretaker Legal Services Commissioner to begin cleaning up the rot and on the basis that all existing staff of (both) statutory offices are to be carefully and thoroughly investigated by me and, I expect, mostly fired and/or prosecuted for their complicity in the Legal Services Commissioner’s failings to the people of Victoria these past six or seven years.

(d) by Mr McGarvie undertaking to cooperate fully with my statutory investigations of him (in my new role has his successor at both statutory authorities), including providing a full statement on public record and answering all questions with complete waiver of any privileges against self-incrimination that might otherwise (though I am dubious) attach to him in the context of such investigations.

(e) by my being given immediate access to all records of the Legal Services Commissioner (and his delegates) relating to complaints made to his office(s) and to Mr George Brouwer’s office as Ombudsman Victoria since the inception of the Legal Services Commissioner, for the purposes of me identifying and organisation public compensations and apologies for all claims, “Marles-McGarvie claims” by members of the public for loss and distress from negligence non-performance (negligence failure to even keep up appearances) and public failures and frauds committed by the Legal Services Commissioner since its very first inception by the despicable former Bracks-Brumby-Hulls Victorian Labor administration.

(g) I repeat my previous comments regarding the applicability and consequences of Chorley principles applying should the matter proceed to hearing and the applicant’s application fails, I will most certainly be entitled to costs and solatium, according to Chorley principles. Such costs will need to be calculated by reference to hours engaged by me in communication with the applicant (and his staff) and in assemblage of my response to this malicious, false prosecution.

(h) This is an open, with prejudice settlement offer that remains open for acceptance by the applicant (Michael McGarvie – Legal Services Commissioner) at any time up until and even after 10.00 am on 21 May 2012 – unless revoked by me (by written communication to the applicant) prior to acceptance.

(i) This sum of $############################ is “all up, for everything” as regards the applicant. It includes factoring of solatium and such, on account of the malicious, outrageous and criminal (see below) nature of this latest instalment of reprisal action against me by the Victorian government (via the agency of the applicant and a multitude of his staff). It is without prejudice to all other claims I may bring (including be bringing) against agencies, corporations and persons other than the specific applicant.

(j) I appreciate that some of the things I have asked for (fortunately and constitutionally) are beyond the statutory powers of the applicant to lawfully agree (not that complying with the law seems to be much of a goal or anything of a priority either, for either the former Ms Vicky Marles or the current Michael McGarvie). These things will require oversight and / or authority from the State Government Ombudsman and especially from the Premier and Attorney-General.

How ironic, that (as will be demonstrated at this VCAT hearing starting 21 May 2012) I made a very similar settlement proposal to Vicky Marles, former Attorney-General Rob Hulls and former Premier of Victoria, John Brumby. That was barely 3 years ago. The irony of this makes me smile, but not smiling with jocularity. I am smiling with a cold, determined anger, focused at the evil and corruption to be expunged. And I so hope that this history will not need to be repeated by me a third time, three years from now, with the next Premier, Attorney-General and legal regulator for Victoria (three changes of administration in three State elections – how unbearable that would be).

As you are each professionals and servants of the public, I ask that each of you gentlemen provide written acknowledgement of receipt of this without prejudice settlement offer, (by email to 21May12@jamesjohnson2020.com ) in the next day or so, together with a brief note of your expected timetable to consider and agree / reject this proposal.

As a professional courtesy, I remind you that along with Attorney-General Robert Clark and his predecessor Rob Hulls, all three of you (Mr McGarvie, Mr Brouwer and Mr Baillieu) are each summonsed by me via VCAT to appear and to produce documents at this LAWYEROCRACY ON TRIAL hearing starting on 21 May 2012. You are therefore at risk of the discomfort of having to explain to the Tribunal from the witness box any discourtesies or failures by you to acknowledge or to respond to this proposal that I am putting to in the good faith for and in the best interests of the peoples of Victoria.

That said, I continue to hold each of you (other than of course Michael McGarvie) in the highest professional regards, despite your tardiness in dealing with this recalcitrant lawyer protection racket that is Ms Marles’ and Mr McGarvie’s’ and their fellow Brumby – Hulls era stooges Legal Services Commissioner racket. And I am sure that once you have taken the time to acquaint yourselves with my professional skills, experiences, ethics and judgement (all of which are readily on the public record and accessible via my WordPress blog) you will be very pleased and comforted how well we can work together, and I can clean up this rotting stink of legal corruption for you and on behalf of the long-suffering people of Victoria.



Independent Federal Candidate for Lalor

Constitutional Human Rights Advocate

Solicitor and Barrister of the High Court of Australia

(Celebrating 20 Years of Legal Practice 1990 – 2010)


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