Australia is an Oppressed Nation Suffering under a System of Laws and Lawyers Who Lack Justice

… ☞☞☞ … The whistleblower witch hunt  hearings against James resume on 6 July 2012 at VCAT, 55 King Street Melbourne 10 am – 12 midday [Case J134/2011 – Michael McGarvie – Legal Services Commissioner v Harold James Johnson].
More than 100 members of the public and the media turned up last hearing on 21 May 2012. A larger public and media presence is expected for the 2 hour hearing on 6 July 2012 … ☞☞☞ …

  Prominent Constitutional and Human Rights Advocate, Journalist, Whistleblower and Barrister, James Johnson spent the first sixteen years of his legal career working on one after another of billion dollar projects and deals with the top 1% of law firms in Australia.  

  James has spent the last 3 years in interstate exile, penniless, living out of 2 suitcases, under constant physical and legal attacks and threats of violence for speaking out against a culture of elitism and corruption within the nation’s legal profession and law making elite.

  For his first sixteen years in the skyscrapers of the legal elite, James was totally unaware of the injustices and abuses that lawyers, solicitors, barristers, even judges and bureaucrats, commit every day against ordinary Australians and families in court rooms, tribunals and offices across the nation.  

  Then in 2007 James became the target of a fraudulent legal claim, a wild and absurd claim so lacking in merit that it would be laughable if it were the plot for a comic or a soap opera.  But the story that unfolded is cryable not just because of the young lives in James’ life that were destroyed, and the circle of family, friends and colleagues of James who were damaged, as the law machine was switched on and kept on turning, but is cryable because of the hundreds of thousands of Australian lives that are processed the same way every year by the lawyer’s law machine, a never ending process of injustice, all grist to the uncaring mills of the lawyers that are our courts and tribunals. 

  So twisted and distorted is the legal profession and the judicial system in this country that James was stripped of everything by a claim that lacked evidence, a sad, obvious, criminally-deranged hoax, from a litigant who “looked me in the eye and lied to me from the witness box” [said the Trial Judge, before ignoring a mountain of independent, hard evidence of her lies and ruling in her favour based entirely on her evidence-less, uncoroborated, self-contradicting lies]; “is well practised at deceiving people, especially men” [said her psychiatrist, in a written report, a secret report the Trial Judge, later Judges, lawyers and bureaucrats kept hidden from James for years]; “who initially denied the allegations but then later confessed to me that they were true .. her credibility is an issue that the court will need to give careful consideration.” [said her psychologist in a rare sober moment of evidence and in a written report that was otherwise a minefield of hearsay and unprofessionalism]; “I am in truth a beautiful liar” [the young lady herself, in her handwritten journal / memoirs – written at the end of a shopping list of details of men she had scammed over the years – and tendered in evidence and read aloud twice in court]. A scandalous display by Federal and Supreme Court Judges, a cricket team of Judges, and half a dozen AFL sized teams of solicitors, barristers and bureaucrats, more than a hundred lawyers in all into whose pockets tumbled millions of dollars of wasted public monies, in a scandalous denial of due process or justice, to cover up the wrong doings by her lawyers, and by layer after layer of lawyers coming in o top of them.  A scandalous display by a Trial Judge who has form (has even been derrided in the daily press) for doing exactly the same sorts of misconduct, dealing out injustice, committing the same sorts of crimes that attract serious jail sentences under section 320 of the Victorian Crimes Act – if only there were lawyers in the system ready willing or enabled to investigate and prosecute, to uphold those laws.  If only those laws were as important as speeding tickets.  

The tragedy is that none of this blackmail was in the best interests of the young, penniless blackmailer turned fraudster and plaintiff. James had been sheltering this desperate young fraudster, and her 3 children by 3 different men, a non-live with custodian / father figure for all 4 of them, for years – ever since they faced eviction threats from the Salvation Army, an organisation “wrung out of charity, in mid-2001.” They lived under James’ roof for two years, and then (on their own) in one or other of James’ properties from 2003 onwards. And James would have continued to support them, if they hadn’t financially ruined James with their blackmail demands. If only these unprofessional, {“Ladro non Advocat”} “thieves not advocates” lawyers had not smelled blood in the water and moved in to make a killing for themselves. They gave this mentally troubled, penniless, criminally disposed young lady a line of credit, over $400,000 of legals her lawyers ran up for her on credit, only to smash 90% of James’ wealth, scooping $150,000 or so, the residue of James’ estates into their own pockets via corrupted legal process (mates on the bench, protected by more of their mates on the bench) and send her a $250,000 bill and “tell us how you will pay the balance.” Not a penny of gain, just a quarter million of debt for her scandalous efforts.  Such helpful lawyers.  

What did the then President of James’ professional association of lawyers, the Law Institute of Victoria have to say about it a couple of months before the rushed trial date (a trial without any pre-trial, and after sentence had already been carried out 4 months earlier, “sentence first, trial after”, in the Supreme Court’s “Practice Court”)?  James, with his twenty years of membership, his thousands of hours of time donated to the Law Institute, as Member and Chairman of many Law Institute Committees, and as a monthly columnist for 5 years for its “most prestigious publication” the Law Institute Journal, sought support and assistance, initially an intervention to pull the barratrious lawyers into law and into line, and fix the matter privately without the crushing heavy courtroom artillery.  And then when they persisted and got even stupider with their extortionate demands, James’ sought the Law Institute to assist him by providing a litigation lawyer to defend him in court.  James sought aid and assistance from his professional association (the lawyers’ near monopoly, trade union) that is the Law Institute of Victoria for more than a year before the President of the Law Institute of Victoria would graciously grant him an audience.  This is what the then President of the Law Institute had to say (and, much of it, later and helpfully, committed to writing): “James, go get some drugs, sit on a beach for a while, get yourself a low stress job in a company or firm somewhere.  And have a laugh, because they won’t get as much out of you as they thought they would … and they’re not real lawyers anyway.”  

Unlike the plaintiff’s lies, minted into “truths” by the alchemy of a corrupted legal and judicial system (she did, indeed, re-engineered by the obliging Trial Judge to protect his mate still at that barristers’s bar, become “in truth a beautiful liar”) all of this is provable beyond any measure of reasonable doubt via public records, transcripts, mountains of evidentiary exhibits in a multitude of government courts and offices that “the Law” refuses to acknowledge or act upon.

None of it happened in the eyes of “the Law”. The Law is a world full of greed, a world void of love, a world that cannot comprehend good samaritan compassion like James’ – a world whose denizens openly boast of being “More Powerful than the Creator” (Vic Law Inst Journal, June 2009). “Bring back Blasphemy Laws”, James says.

If James can’t get justice, what hope for the ordinary man or woman who doesn’t have James’ extensive legal career?

Facing persecution from the system, and surviving aggravated burglaries and even a car bombing, for speaking out against the corruption. James fight for justice obstructed and crippled in the court. Notices of Human Rights Violations ignored. Whistle blowing complaints ignored. The protections of the States’ Whistleblower Protection Laws denied to him by senior bureaucrats saying they were “not satisfied” he was a whistleblower.

Denied government and denied police protection, James has been forced from his homeland, into interstate exile for 3 years. From there he has built up an enormous on-line and social media following and is campaigning to replace Julia Gillard as a genuine representative for his fellow constitutents in his Federal electorate of Lalor.

Here is what James discovered to be the root cause of the crisis in the law and the legal profession:

  • A highly contrived High Court of Australia decision in 2004, where two lawyer-dominated publicly-funded Victorian government agencies spent millions on a successful bid to get have the High Court rule to retain the 400 year old so-called ‘barristers immunity.’ This ancient law, to prevent the scandal of aristocrats of the law being sued by commoners, means that since feudal times barristers have owed no legal professional duty of care to their clients. Clients cannot sue their barristers if they are negligent (or worse) in the court room. Every other British country abolished this barristers immunity decades, or even a century ago – even the aristocrats of England, where clients can now sue barristers (and have always been able to sue solicitors – and vice versa). This ancient privilege of the lawyer elite, the “barristers immunity” lives on only in Australia, protecting as few as 7,000 barristers, nationwide.
  • The High Court of Australia, not content with keeping barristers above the laws they apply to everyone else, took a gigantic leap off the ‘barristers immunity’ to create for the first time anywhere in the world a ‘solicitors immunity’ that means since 2004 Australia’s solicitors have no legal duty of professional care to their clients.  Since 2004 upwards of 77,000 solicitors no longer owe any legal duty of care to their litigant clients.  About 90% of all solicitors and 90% of all solicitors’ work, most of the times we seek out a lawyer to protect us, is not covered by any form of legal liability or duty of skill or care.
  • A weak Victorian Government cave-in in 2004, abolishing an independent legal regulator that was starting to create serious headaches for the “old guard” and giving back to the “boys club” the power of selective (non) regulation via a “co-regulation is no regulation” Legal Services Commissioner scheme that within only a matter of years was itself exposed, seriously indicted, in a damning State Government Ombudsman’s 2009 Annual Report to Parliament.

So powerful is the “old guard” in the legal profession that the State Government Ombudsman had words spoken to him in January 2010. Suitably remonstrated for blowing the whistle on that one occasion, the State government Ombudsman has not been heard to utter a single word in public (or any subsequent Annual Report) about the legal profession or its Legal Services Commissioner. It now looks likely that former Victorian Legal Services Commissioner Victoria Marles was forced to resign in disgrace in September 2009, not for letting down the public by failing to regulate the legal profession (as does the current Legal Services Commissioner, Michael McGarvie, she ignored 90% of the 2000 complaints a year about lawyers that flooded her office), but because she let down the “old guard” by not heading off the State Government Ombudsman’s damning 2009 Annual Report to Parliament before it was tabled and became public.

And here is what James thinks the solution might be. Today James advocates for:

  • A full investigation of the culture of corruption, arrogance and elitism in Victoria’s legal profession, including the judiciary and a cartel of publicly-funded, lawyer-dominated, lawyers’ bureaucracies and political offices;
  • the injection of new judges and bureaucrats selected from all corners and demographics of our broadly based society, to kickstart a culture of justice and fairness, “trustee not tyrant” attitudes towards serving the public.
  • Genuine protections for Whistleblowers – not leaving it up to whistle blower bashers to self (non) regulate.
  • Abolition of the ancient “barristers’ immunity” and the 8 year old “Solicitors immunity” which protect solicitors and barristers from being sued for professional negligence (these “lawyers laws” are an insult to all Australians).

The next criminal reprisal against James is a surreal Victorian State Government prosecution currently pending before VCAT. The failed Legal Services Commissioner has James, falsely accusing him for a 3rd time of the “professional” “misconduct” in a federal judicial proceeding 4 years ago where James was involved solely in his personal capacity (as a reluctant, stranded, litigant). If James committed any “personal” “misconduct”, both he and the federal judge and others present, all missed it.

The legal regulator refuses to investigate the staggering instances of “open and shut” cases of “professional misconduct” by paid professional lawyers who committed the things that James blew the whistle on – even after James got two sets of Supreme Court rulings telling the legal regulator to investigate James claims, the Legal Regulator continues to refuse to do so.

And the legal regulator and VCAT, the supposedly independent tribunal, think nothing of holding a secret hearing on 17 May 2012 “a day [and a half]” before the trial to exclude 57 sources of damning evidence of the extent of James’ whistleblowing and the extent of their criminal reprisals against James for his courage in doing so. The ringleaders of that secret hearing are under investigation and are likely to be prosecuted for serious crimes (eg under section 320 of the Victorian Crimes Act) as allegedly committed by them at that 17 May 2012 secret, all-Government VCAT hearing.

Rights to justice, rights to good government, rights to freedom of speech are all “rights” that no Australians can count on – not even those of us who are prominent, once well-off, still well-educated barristers and journalists.

These hearings against James resume on 6 July 2012 at VCAT, 55 King Street Melbourne 10 am – 12 midday [Case J134/2011 – Michael McGarvie – Legal Services Commissioner v Harold James Johnson].

More than 100 members of the public and the media turned up last hearing on 21 May 2012.

A larger public and media presence is expected for the 2 hour hearing on 6 July.

FURTHER INFORMATION: Join more than 40,000 others, Follow: @JamesJohnsonCHR and @21May12 on twitter, and subscribe online: and 

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One thought on “Australia is an Oppressed Nation Suffering under a System of Laws and Lawyers Who Lack Justice

    What a battle you have undertaken, Harold James Johnson. As you know, many have been ‘wronged’ in a similar way to yourself but do not have the education, intelligence, funds or support to confront a well oiled dysfunctional machine which passes for ‘government’ in Australia. I pray that God gives you the strength to find a way to pervert the ‘course-that-passes-for justice’ in Australia today in order to return dignity, integrity, morality, goodness, kindness and understanding to what should be an admirably humane Australian way of life. It is hoped that the ‘silent majority’ will eventually be heard. Already the people of Queensland have given a resounding NO to the Beattie/Bligh Government and so it is hoped with new leadership comes the ‘decency’ so elusive for decades in that State – equally it is hoped good liberal government for the whole of Australia will eventually eradicate the current systemic illness. You are wished success in your David and Goliath battle and even the slightest change which may eventually bring fair and honest systems to all Australians, you may well be proud of – in spite of the great personal cost to yourself.

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