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“As can be seen, Mr Goldberg’s conduct constitutes not only a contempt in the face of the Court but also a fraud upon the Court itself, with Mr Goldberg having provided a false instrument to the Court in the first instance to obtain monies by deception, while at the same time breaching an Order of the Court in doing so.

In an E-mail from Symn Waters to Joanne van der Plaat, 13 June 2022




From:  Symn Waters

Date:   Monday, 13 June 2022 11:22 AM

Subject:   Conduct of the Law Society of NSW – compromising of the integrity of the Honourable Court

To:   [email protected]
Cc:   [email protected]
[email protected]


Dear President

On 6 December 2021, I wrote to you directly informing you of improper conduct as taking place within the Law Society of NSW.  At that time you were the Senior Vice-President of the organisation.

Quite specifically, I provided you with a copy of three letters to the then President of the Society, Ms Juliana Warner, of 12 November 2021, 18 November 2021, and 19 November 2021, with all of such outlining in very clear detail issues of the covering up of solicitor wrongdoing.  As you are keenly aware, there has been a long-running campaign to stifle the content of those same correspondences.

Let us turn our minds to the first of such letters, and I attach a copy of same for the reference of those to whom this E-mail is copied.  As can be seen on the second page of such, attention is brought to the conduct of Ms Pauline Wright, ex-President of the Law Society, who turned a deliberate blind eye to the fraudulent conduct of Terence Goldberg of Turner Freeman Lawyers during her then incumbency.  Sadly, there is little or no question as to the fraudulent nature of Mr Goldberg’s improper activities.

On Friday, 10 June 2022, you delivered the swearing in speech wherein Ms Pauline Wright was appointed as a Local Court Magistrate.  You further placed a post on LinkedIn and publicly stated that you were “Thrilled this morning to be able to deliver the swearing in speech before Her Honour Local Court Magistrate Pauline Wright, former President of the Law Society of NSW.”  (Copy attached.)  It is evident that you delivered such swearing in speech knowing that the integrity of the Honourable Court was being compromised in your so doing.

Lest there be any question in relation to the fraudulent conduct of Terence Goldberg of Turner Freeman Lawyers, I attach affidavit of myself as sworn on 12 March 2022, and a copy of which you have received on a number of separate occasions.  As can be seen, Mr Goldberg’s conduct constitutes not only a contempt in the face of the Court but also a fraud upon the Court itself, with Mr Goldberg having provided a false instrument to the Court in the first instance to obtain monies by deception, while at the same time breaching an Order of the Court in doing so.

Given the gravity of the matter at hand, I copy this E-mail to the Honourable Justice Andrew Bell, Chief Justice of the Supreme Court of NSW, and also to the Judicial Commission of NSW.

I and a large number of others are appalled at what we see taking place before us, and indeed what is taking place quite openly.

Yours faithfully

Click here for original pdf version of the above letter.

“You are aware too that the conduct involved relates to the breaching of Court Orders and a fraud as perpetrated on the Court by a practising solicitor.

Despite the incontrovertible nature of the evidence of such, you consistently refuse to either comment or respond. I can only conclude that you find acceptable or even condone the behaviours as brought to your attention.

In a letter from Symn Waters to Joanne van der Plaat, 4 May 2022




Tuesday, 24th May 2022


Ms Joanne van der Plaat
President
Law Society of NSW
170 Phillip Street
Sydney   NSW   2000


Dear Ms van der Plaat

Re:  Criminal conduct

On 16th September 2015, and during a NSW Police investigation into the activities of Terence Goldberg of Turner Freeman Lawyers, the NSW Police wrote to me and stated that ‘Inquiries are still ongoing with the Law Society of NSW as to the nature of previous complaints made against Terence Goldberg.

As you are quite aware, the NSW Police commenced a criminal investigation into Mr Goldberg’s activities due to several false statements as made in an Application for Assessment of Solicitor/Client Costs, which duly enabled Mr Goldberg to improperly obtain a judgment debt in the District Court in the amount of $124,661.90 against a party for whom he did not act.  Mr Goldberg acted for the four opposing parties in the matter.

You are quite aware also, that the complaints as made to the Law Society of NSW related directly to the above (as well as to other various matters of misconduct), with a copy of the aforementioned Application for Assessment of Solicitor/Client Costs being made available to the Law Society during the Society’s then own live investigation into Mr Goldberg’s misdeeds, which, as you know, preceded the NSW Police’s separate criminal investigation.

You are aware that the Law Society, and despite indisputable evidence of wrongdoing on the part of Mr Goldberg being provided to it, dismissed each and every complaint as made in relation to Mr Goldberg’s extraordinary conduct.

Given no sanction was made against Terence Goldberg by the NSW Police, the Law Society of NSW must have misled the police in their criminal investigation and enquiries.

Yours faithfully

Click here for original pdf version of the above letter.

“You are aware too that the conduct involved relates to the breaching of Court Orders and a fraud as perpetrated on the Court by a practising solicitor.

Despite the incontrovertible nature of the evidence of such, you consistently refuse to either comment or respond. I can only conclude that you find acceptable or even condone the behaviours as brought to your attention.

In a letter from Symn Waters to Joanne van der Plaat, 4 May 2022




Wednesday, 4th May 2022


Ms Joanne van der Plaat
President
Law Society of NSW
170 Phillip Street
Sydney   NSW   2000


Dear President

Re:  Corrupt activity within the legal profession

You have been made aware of improper practices at play not only from within the legal profession, but also within the Law Society of NSW.  I have written to you directly on a number of occasions regarding same.

You are aware too that the conduct involved relates to the breaching of Court Orders and a fraud as perpetrated on the Court by a practising solicitor.

Despite the incontrovertible nature of the evidence of such, you consistently refuse to either comment or respond.  I can only conclude that you find acceptable or even condone the behaviours as brought to your attention.

However, perhaps I should be grateful that you, unlike others in various positions of overseeing authority, have not yet sought to threaten me in an attempt to bring about my silence regarding the above said issues of serious solicitor misconduct.

As you are indeed fully aware of the nature of the wrongdoing taking place, you are also fully aware of the intimidatory conduct of those around you.  For the purpose of reference, and in relation to same, I attach copy of letter to you of 7th January 2022.

Again, I await your response.

Yours faithfully

Click here for original pdf version of the above letter.

Letter of 7th January 2022 can be downloaded here.

“The NSW Police also took the time to inform me that the Law Society of NSW too was approached as part of their investigation into Terence Goldberg’s criminal activities and it was suggested to me by the officers concerned that the Law Society declined to cooperate.

In a letter from Symn Waters to Juliana Warner, 12 November 2021




Friday, 12th November 2021


Ms Juliana Warner
President
Law Society of NSW
170 Phillip Street
Sydney   NSW   2000


Dear Ms Warner

Re:  Criminality within the legal profession

As you are quite aware, I have written to the Honourable T F Bathurst, Chief Justice, detailing and providing evidence of criminality within the legal profession, with such correspondences being copied to yourself.  You have made no comment in relation to same.

You are quite aware that Terence Goldberg of Turner Freeman Lawyers made false representations to the Supreme Court of NSW in order to fabricate a debt neither owed to him nor his firm, and you are also aware of the Law Society’s original attempts to protect Mr Goldberg regarding same.

Indeed, and no doubt emboldened by the protection on offer, Mr Goldberg went on what can only be described as an uninhibited crime spree by creating two separate entities to launder monies as fraudulently obtained in the first instance.

You are quite aware that Mr Goldberg’s original fraud triggered a NSW Police investigation, and you are also quite aware that John McKenzie, the legal services commissioner, was interviewed by the NSW Police regarding such in the latter part of 2015.  As you know, if Mr McKenzie had been truthful in his interview with the NSW Police, Terence Goldberg and his accomplices would have been charged with multiple counts of fraud.  No charges followed.

The NSW Police also took the time to inform me that the Law Society of NSW too was approached as part of their investigation into Terence Goldberg’s criminal activities and it was suggested to me by the officers concerned that the Law Society declined to cooperate.

On or around 21st March 2018, an ex-councillor of the Law Society of NSW, and acting as an apparent envoy of same, made a clandestine and improper approach to my employer and gave the directive that my employment was to be terminated as the Law Society was ‘very unhappy’ that I was writing to it about Terence Goldberg’s fraudulent activities and the society’s ongoing covering up of such.

Of course, such clandestine approach is text book corruption.  My employer refused to carry out such directive, and only part complied, presumably to assuage the individuals concerned and being fearful of the consequences if he did not.  I remain employed within that firm.

Preceding the above, and on 16th February 2017, I received correspondence from Baker & McKenzie, acting for the Law Society of NSW, threatening me with court action in relation to my making public of the activities of Mr Goldberg and the Law Society’s covering up of such.  Pauline Wright, the then incumbent President of the Law Society saw fit to threaten me rather than deal with the information as repeatedly brought to her attention.  No court action ensued, and as you know, I continue to speak publicly.

Alas, the above was only a taster of what was to come.  On 20th July 2019, two detectives arrived at my front door.  It appears that John McKenzie, the legal services commissioner, made a complaint to the NSW Police, alleging that he was harassed by my writing letters to his office regarding Terence Goldberg’s conduct and his office’s turning of a blind eye to same.  This was an upsetting experience (to say the least).

I wrote to the NSW Police the following morning attaching copies of four recent letters to Mr McKenzie regarding the corruption taking place within his office, as well as attaching a copy of my letter to Radhika Withana of 8th April 2019, also regarding the corruption taking place within the OLSC, and stated that if the matter were to proceed to Court the said five enclosures would form part of my defence.  As I suspected would occur, Mr McKenzie, and from that moment on, decided he was no longer feeling harassed by my writing to him.

In relation to the matter at hand, Terence Goldberg’s criminal activities commenced when he claimed in an Application for Assessment of Solicitor/Client Costs (as filed with the Supreme Court of NSW on 23rd June 2010) to have acted for a party in Supreme Court proceedings when that party was in fact unrepresented and not his client.  That party was a defendant in the matter, in which Mr Goldberg acted for the four plaintiffs.  In his application to the Court for assessment of his firm’s professional costs, and as you well know, Mr Goldberg makes a multitude of false statements in order to make improper financial gain.

On 7th September 2012, the Law Society, while dismissing all complaints as made against Mr Goldberg in relation to the matter at hand, and after a 17 month long ‘investigation’, stated that:  “The Court did not make any order prohibiting the lawyers in the proceedings from recovering their costs from their clients.

The Order as made by the Court was that each party was to pay their own costs.  The sixth defendant, being unrepresented was not Turner Freeman’s client, and had accrued no costs.

The claim as made by the Law Society of NSW that the sixth defendant was Turner Freeman’s client is absurd.  The Law Society’s statement is designed to mislead and to provide protection to Mr Goldberg and his firm.

As can be seen, and manifestly so, not only has there been a consistent campaign to cover up Mr Goldberg’s criminal activities, but also a campaign of intimidation against those speaking out, lest indeed that the cover up be discovered.

However, and despite the best efforts of those involved, the numerous acts of fraud and the resulting cover ups are common knowledge within the legal arena, with a large number of legal professionals knowing what has taken place and being fearful of speaking out.  That in itself tells its own story.

I trust you will maintain your silence.

Yours faithfully

Click here for original pdf version of the above letter.

See here at julianawarner.com how Julia Warner sought to threaten and intimidate rather than deal with the issues raised.

“It is obvious that in your respective positions of Chief Executive Officer and President of the Law Society, both yourself and Pauline Wright sought to cover up the wrongdoing and protect Terence Goldberg from the weight of the law, thereby assisting him in his criminal endeavours.

In a letter from Symn Waters to Michael Tidball, 18 August 2020

 

Tuesday, 18th August 2020


Mr Michael Tidball
Chief Executive Officer
Law Council of Australia
19 Torrens Street
Braddon   ACT   2612


Dear Mr Tidball

Re:  Fraud and corruption

On 14th September 2009, four individuals retained Turner Freeman Lawyers to act for them and to seek advices in relation to financial irregularities having been discovered within an incorporated association, in which they were committee members.

Due to the discovery of the said financial irregularities and missing monies, a meeting of the members was called for and subsequently held on 10th September 2009, with the said four individuals losing their positions as committee members of the association.  That association was the Enmore Spiritualist Church Incorporated.

The four individuals commenced proceedings in the Supreme Court of NSW, naming five church members as defendants, and also naming the association itself as the sixth defendant.  The naming of the association as the sixth defendant would, of course, have had the effect of binding the church into any decision as made by the Court.  The four plaintiffs were seeking to declare as invalid the meeting that took place on 10th September 2009.

As above, the four plaintiffs were represented by Turner Freeman Lawyers, the first to fifth defendants were represented by Pigott Stinson Lawyers, and the sixth defendant, the Enmore Spiritualist Church Incorporated, was unrepresented.

The proceedings were heard in the Supreme Court of NSW on 27th November 2009, with one order only being made by the Court, ie “Each party is to pay their own costs”.  The Court declined to make any orders the plaintiffs had sought.

On 23rd June 2010, Terence Goldberg of Turner Freeman Lawyers filed with the Supreme Court of NSW an Application for Assessment of Solicitor/Client Costs, claiming in such that there had been five plaintiffs and five defendants (in the said proceedings) and also claiming that he had acted for the Enmore Spiritualist Church (the sixth defendant).  Terence Goldberg’s lie was clear and uncomplicated.  I attach a copy of the filed Application for Assessment of Solicitor/Client Costs.

Having made a complaint to the Office of the Legal Services Commissioner, the OLSC wrote to me on 27th April 2011 and stated that the matter had been referred to the Law Society of NSW for investigation.

On 7th September 2012, and after a 17 month long ‘investigation’, the Law Society dismissed all complaints against Terence Goldberg of Turner Freeman Lawyers, stating “The Court did not make any order prohibiting the lawyers in the proceedings from recovering their costs from their clients”.  As can be plainly seen, the sixth defendant was not Turner Freeman’s client.

The Law Society’s above statement was made despite all Court documents illustrating that Turner Freeman Lawyers did not act for the sixth defendant, and also with no documents stating anything to the contrary.

As you well know, Turner Freeman Lawyers, on the basis of the fraudulently filed Application for Assessment of Solicitor/Client Costs, obtained a judgment debt against the sixth defendant, and then entered into a conspiracy with the liquidator to fraudulently obtain all remaining funds as owned by it. 

The fraud involved is simplicity in itself.

Yet, despite the simplicity of the criminality involved, The Law Society and the Office of the Legal Services Commissioner refuse to explain their respective positions that Turner Freeman Lawyers acted for the sixth defendant in the said proceedings, and that the church was their client.  However, and, of course, that position is indeed unexplainable.

Both yourself and Pauline Wright wrote to me yesterday (separately) stating that the Law Society had dismissed my complaints as made to the OLSC in the first instance and that the OLSC had upheld such.

However, you both decline to state that that dismissal took place some eight years ago in 2012, and you both also fail to mention or comment on the further criminal activities entered into by Terence Goldberg of Turner Freeman Lawyers in the intervening period, with all of such taking place under your and Ms Wright’s watch, and with both of you having been made fully aware of such (also in the intervening period).

It is also pertinent to mention, and given the obviousness of the fraudulent activities that have taken place, a complaint was made to the NSW Police on 5th May 2015.  The NSW Police inform me that John McKenzie, the NSW Legal Services Commissioner, was interviewed by them in the latter part of 2015.

It therefore goes without saying that if Mr McKenzie had been truthful during that interview with the NSW Police, Terence Goldberg would have been charged with multiple counts of fraud.  No charges ensued.

It is obvious that in your respective positions of Chief Executive Officer and President of the Law Society, both yourself and Pauline Wright sought to cover up the wrongdoing and protect Terence Goldberg from the weight of the law, thereby assisting him in his criminal endeavours.

Coincidentally, both you and Ms Wright now hold identical positions at the Law Council of Australia.

Do you wish to provide comment?

Yours faithfully

Click here for original pdf version of the above letter.

“It is of note that you have been made aware of the said conduct issues on numerous occasions and you have neither replied to any correspondence sent directly to you raising such concerns, nor have you provided comment, with the said conduct issues remaining unresolved.”

In a letter from Symn Waters to Doug Humphreys,
President of the Law Society, 5 July 2018


Click here for the pdf version of the above letter to Doug Humphreys, President of the Law Society of NSW:  2018 07 05 – Letter to Doug Humprheys – conduct of OLSC.  A copy of the attached letter to the Office of the Legal Services Commissioner of 28 June 2018 can be found here.
“It is of note that you have not provided any response to my letters of 19th January 2018, 14th February 2018 and 3rd March 2018.

Given that such correspondences raise rather serious concerns regarding the conduct of the Law Society of NSW, your lack of response is rather disturbing, however, given the Law Society’s history with this matter, such is hardly surprising “


In a letter from Symn Waters to Doug Humphreys,
President of the Law Society, 15 March 2018

Click here for the pdf version of the above letter to Doug Humphreys, President of the Law Society of NSW:  2018 03 15 – Letter to Doug Humphreys – Letter to OLSC.  A copy of the attached letter to the Office of the Legal Services Commissioner of 13 March 2018 can be found here.
“Given the OLSC’s silence (as well as your own, may I add), there seems to be a distinct ‘wall of protection’ in operation, however, given the Legal Services Commissioner’s careless contradictory statements and admissions, chinks are beginning to appear.”

In a letter from Symn Waters to Doug Humphreys,
President of the Law Society, 20 February 2018

Click here for the pdf version of the above letter to Doug Humphreys, President of the Law Society of NSW:  2018 02 20 – Letter to Doug Humphreys – corruption
“Given the outlining of improper behaviours in my letter to the Legal Services Commissioner of 20th December 2017, it is somewhat concerning that no response has been received, however, and sadly, it is what I have come to expect.”

In a letter from Symn Waters to Doug Humphreys,
President of the Law Society, 19 January 2018;
the President, to date, has not replied

Click here for the pdf version of the above letter to Doug Humphreys, President of the Law Society of NSW:  2018 01 19 – Letter to Doug Humphreys – conduct issues