Besieged Whistleblower Demands Bureaucrats Behave, and Quit their Vigilante Ways

Below are the opening paragraphs of my letter this weekend to the newly appointed chief bureaucrat for the Victorian Civil and Administrative Claims Tribunal, VCAT President Mr Greg Garde, requesting he put an end to the latest chapter in this facist, vigilante corruption that has dominated my life for much of the past few years.

You can download a printer friendly version of the full letter here.  You can download the four attachments here: (1) (2) (3) and (4)  (all 5 are highly recommended reading).

The hearings in these illegal administrative proceedings are scheduled to start again in VCAT at 55  King Street Melbourne on 3 – 5 September 2012 (starting at 10 am).  I am still waiting to be told  by VCAT what if anything happened at the last VCAT hearing (another of those hearings scheduled deliberately for a date that I could not attend).

Please excuse any formatting glitches that may occured in the translation of these paragraphs from word to wordpress.

… to be  continued … 


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)

From The Office of

James Johnson

Independent Federal Candidate for Lalor

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

The Crucible” || “Soylent Green and Gold”


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

18 August 2012

Mr Greg Garde

President of VCAT

55 King Street, Melbourne Victoria Australia

Dear Mr Garde


BY FACSIMILE: 03 9670 8408 || 03 8636 6050

(Telephone: 03 9603 6259 || 03 8636 6616 )

(7 + 2 + 8 = 17 pages)

           A request for protection and restoration of my rights at law

  1. I am writing to request you to see to it personally that I am restored in my rights under applicable Victorian and Australian laws, including without limitation the rights and the protections that your VCAT bureaucrats and other Victorian government officials have thus far denied me under Victoria’s Whistleblowers Protection Act of 2001 and Charter of Human Rights and Responsibilities Act of 2006.
  1. I enclose copies of some of my previous correspondences to your Mr Jonathan Smithers and Mr John Bowman of VCAT, specifically my letters to them of 3 and 8 August this year (and including my letter to Mr Bowman of 29 May this year). From these previous correspondences you will be made quickly aware that I am currently the subject of vexatious administrative proceedings in the Victorian Civil Administrative Tribunal brought against me by Mr Michael Keith McGarvie purportedly in his capacity as Legal Services Commissioner for Victoria (VCAT Reference J134/2011).

  1. Briefly:

    • My professional resume (which you can view at, 6 years with top 10 national law firm Corrs Chambers Westgarth, followed by 6 years with top (number one) national law firm of the past 15 years, Minter Ellison, followed by 6 years in my own highly successful boutique corporate and government legal advisory practice, mark me as a world class lawyer, in the top 1% of legal professionals in Australia, if not the entire Southern hemisphere;
    • On any examination of me, what you see is a consummate professional and humanitarian, a man of many professions, who has spent a life time devoted to caring for others – for family and friends, colleagues, clients and the public. As indicated in my professional resumes, I have been a trusted adviser to ASX Top 200 companies (most of them), Fortune 500 Companies (many of them) and to State and Federal bureaucrats and Ministers of the highest levels. I have even given generously of my time to educate and raise the standards of hundreds (thousands) of journalists, hundreds (thousands) of economists and tens of thousands of accountants and lawyers and other allied professionals. This is quite a world away from the wild, unsubstantiated smear campaigns that various bureaucrats such as the Legal Services Commissioner (and his stakeholders) have been waging against me in recent times.
    • The reasons for these smears and reprisals? These are just the latest chapters in a frightening story of crime and corruption waged against me by prominent members of the legal profession – I am an eye witness to industrial scale crime and corruption at the broad interface of the legal profession in this country and the upper benches of all three branches of government at State and Federal levels.
  1. At this point, like Neo in the Matrix, you are probably starting to wonder if you have tumbled down a worm hole, or a rabbit hole, into an alternate reality. References to the Kowalski Brothers, (Charles) Dickens and (Lewis) Carroll aside, if during the course of your academic career you have studied any of the history or transcripts of the Nuremberg Trials, the prosecutions of medium and middle-ranked German bureaucrats of the Nazi German regime, you cannot fail to recognise the alarming similarities between how government was done by that fascist government regime of Nazi Germany in the 30s and 40s, and how government is done in Victoria and Australia today:

    • A “Legal Services Commissioner” who refuses to investigate legal services providers – and remains in dereliction of his duties in defiance / contempt of two separate sets of Supreme Court rulings … And instead of protecting the public from rogue lawyers thinks he can get away with protecting rogue lawyers (including himself) from public criticism, through misusing his statutory position and resources to silence a whistleblower, acting as a de facto censor of free speech, political speech, freedom of the press, a “legal regulator” in name alone purporting and practising as a de facto “censor”, “litigant commissioner” and “god father” racketeering to protect those he is supposed to be policing;
    • A government tribunal (VCAT) full of bureaucrats with “judge complexes” who think they can they can over-write and override the Acts of Parliament that it is their duty to administer, and who think it is okay to hold secret all-Government hearings “a day [and a half]” before a “trial” to rule out 57 sources of critical “evidence for the defence” – a creating an imaginary “prominent persons” privilege against being summonsed to produce documents and give evidence exposing mass corruption across all three by two branches of government and all levels of the legal profession.
    • The same government tribunal (VCAT) that thinks it its okay for a “prosecution” to merely assert a case without producing any informants, or witnesses, a prosecution without an investigation preceding it, to badger an innocent accused to present his case whilst still waiting for “an attorney to be appointed (strictly, “funded”) by the State”;
    • A government tribunal (VCAT) that thinks it is fine to schedule hearings on short notice and at dates that the defendant can’t attend (which has happened twice now) and/or doesn’t even find out about until after the hearing is over (which has also happened twice now);
    • A government tribunal that thinks it is consistent with “fair, open, efficient justice for all Victorians” to schedule public hearings in rooms barely holding 45 members of the public – when a crowd of 100 – 200 are expected (most of whom are past victims of rogue lawyers and the derelict legal regulator) – and then appoints three armed security guards to bar public access, to turn away more than half the crown of concerned public citizens , and disrupt government proceedings by disturbing the peace by (repeatedly?) assaulting peaceful members of the public, in front of the VCAT presiding Member (Jonathan Smithers on 6 July 2012 – and I am awaiting clarification whether the same thing happened on 6 August 2012)) and dragging them out of the hearing (all these members of the public had done was to innocently slip passed the milling crowd and busy security cordon – obviously quite a crowd if 3 armed security guards wasn’t enough to keep them all out).
  1. At this point you may be wondering what kind of hell hole is this VCAT that you are now politically, managerially and legally responsible for. If you are a decent human being like your predecessor former VCAT President Mr Kevin Bell you might even be starting to think about what you can do for the thousands of VCAT and other Victorian government victims – of whom my circumstances, striking as they are are by no means the worst I have discovered during the past 5 years – and what you can do to prevent any further atrocities by VCAT bureaucrats and other government officials misusing the VCAT forum and processes.

  1. Even if you don’t have further regard to the VCAT file and audio recordings of hearings, you will now be aware that you could not possibly in a hundred years find a more blatant example of Victorian bureaucrats (including the said Michael Keith McGarvie and about a dozen of his in-house lawyers) engaging in criminal reprisals against a whistleblower. Nor could you find a more powerfully and completely documented body of evidence of such criminal reprisals. The proof of these reprisals (and other crimes) is incontestable. They are all fully recorded in judicial and administrative transcripts, documents and correspondences – including official VCAT audio recordings of the six (or seven?) hearings in its proceedings J134/2011 to date, “plus to mention” Victorian Supreme Court proceedings during 2007 – 2010.

  1. All Victorians / Australians have legitimate rights and expectations as to how we are to be treated by government bureaucrats and other public officials. These include expectations that as members of the public we will be treated fairly, with dignity and with respect at all times, and that government proceedings (whether they be administrative, or judicial, or parliamentary) will be conducted at all times with integrity, objectivity and balance according to due and proper process (and not capriciously, unbalanced or hasty), with due investigation and receipt and assessment of all of the evidence, and in accordance with due respect for all applicable State, Federal and International parliamentary and judge made laws.

  1. While these legitimate rights and expectations are sadly not recorded in any of the Australian State or Federal Constitutions, they are reflected in the Attorney-General’s Model Litigants’ Guidelines (as issued by former Attorney-General Rob Hulls in 2001 and updated by current Attorney-General Robert Clark in 2011) and in the Victorian Charter of Human Rights and Responsibilities Act of 2006.
  1. However as the mountain of records of the injustices and reprisals committed against me by Victorian bureaucrats and other government officials since 2007 clearly demonstrates (together with many other cases of injustice, misconduct and corruption that have been reported to me in the past 5 years, along with more than a hundred prominent whistleblower reports), it is the rare exception that any Victorian bureaucrats or public officials ever come within a cooee of meeting any of these public expectations.

  1. During the past 5 years Victoria’s bureaucrats have misused in the order of $6,000,000 (six million dollars) completing, committing and concealing injustices and illegal reprisals against me, time and time again, with increasing degrees of absurdity and ferocity, in a cross-government agency exercise in lawfare involving more than half a dozen publicly-funded, lawyer-dominated Victorian government agencies.

  1. This present administrative proceeding in VCAT (reference J134/2011) is just the latest, most audacious illegal reprisal made against me to date. And unless you step in to put an end to such lawlessness by your bureaucrats, it will not be the last

    … “

    … to see the rest of the letter and attachments, feel free to download a printer friendly version of the full letter here,  and the four attachments here: (1) (2) (3) and (4) (all 5 are highly recommended reading)


One thought on “Besieged Whistleblower Demands Bureaucrats Behave, and Quit their Vigilante Ways

  1. These abusers of power are behind times, as thru social media and networking, the publicly are getting sick of such high levels of corruption, collusion and high levels of political control and abuse of innocent citizens.
    They need to change their mindset, and we need a shift in the paradigm, and mindset to stop such degrees of human injustice, and it will take persistent leaders like you James to protect the public from these greedy, covert and corrupt leaches.

    Wasting six million dollars to cover their asses is just appalling, but the truth is out there and they will not be able to get away with it, and we are watching with a very close eye on this issue.

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