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12 Alternate remedies pursued

12 Alternative remedies pursued was last edited in October 2021.

These pages are currently being edited and expanded.

Absent Justice - Order of Australia

Dr Gordon Hughes, Wawick Smith - Order of Australia

When a citizen needs surgery, they expect the surgeon to be fully qualified; junior surgeons spend years learning how to perform the right incisions. Amputating the left leg of a patient when it should have been the right leg is irreparable.

Warwick Smith, the then Telecommunications Industry Ombudsman assured the COT cases and the Australian government that Dr Gordon Hughes was a fully qualified arbitrator. Senator Richard Alston (Shadow Minister for Communications) also said a qualified graded arbitrator would be used for our arbitrations. However, the Institute of Arbitrators Australia later explained, in writing, that to appoint an ungraded  arbitrator into an arbitration process such as mine was a "risk". It is well known in legal circles and I have written evidence showing Dr Hughes was not a graded arbitrator until well after my arbitration concluded. It was also said (and no one has denied it) that, during the first four COT arbitrations and due to many allegations against Dr Hughes’ professionalism, it was suggested he sit the exams to become a graded arbitrator. He did and failed.

Why wasn’t a graded arbitrator nominated? Why were our arbitrations begun without a proper, transparent investigation of Dr Hughes’ qualifications? Why were our arbitrations not put on hold after Dr Hughes failed his exams to be a graded arbitrator? Surely four small business people, with their livelihoods at stake, we're entitled to a proper, qualified and graded arbitrator.

When, and only when, a surgeon is deemed qualified by his peers is he allowed to practice on his own. Dr Hughes was not deemed qualified by his peers prior to the four COT arbitrations, so why did he even take up the position-aware he had never arbitrated on so many complex cases. Had he been as qualified as he is now, he would have picked up the many deficiencies in the arbitration agreement Telstra’s lawyers provided him as the agreement to use in our arbitrations.

The fact that it took until 13 months into our arbitrations before Dr Hughes declared to Warwick Smith, TIO, on 12 May 1995 that the agreement was not credible and yet still used it on my arbitration proves Dr Hughes was still learning the art of arbitration.

Furthermore, at no point in Dr Hughes’ award did he acknowledge my claim documents or comments made by his arbitration technical consultants showing phone problems were still affecting my business. An experienced, graded arbitrator would not have fully brought down a final award under the Commercial Arbitrations Act 1984 but would have left that part of my claim open until after Telstra provided sound evidence the problems that brought me to arbitration were fixed.

The phone faults were not fixed until at well past December 2006, eleven years after the conclusion on my arbitration as the following 12-alternate-remedies-persued show.

On 26 September 1997, after most of the arbitrations were concluded, and three months after the Senate had been told under oath by Lindsey White, an ex-Telstra arbitration official we five COT Cases who had "to be stopped at all cost" from proving our claims naming me as one of the five, John Pinnock (the second-appointed administrator of the COT arbitrations), advised a senate committee (see pages 109 to 110, Senate – Parliament of Australia). that:

“Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.”

There is no amendment attached to any agreement, signed by the above-mentioned COT members, allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that he would have no control over the process once we had signed those individual agreements. How can the arbitrator and TIO continue to hide under a confidentiality clause contained in our arbitration agreement when that agreement did not mention the claimants would be forced to proceed with their arbitrations without the necessary documents needed to support their claims or that the arbitrator would have no control because the arbitration would be conducted entirely outside of the agreed ambit of the procedures?

 

See Brief Ericsson Introduction⟶

Absent Justice Ebook

Read Alan’s new book
‘Absent Justice’

In Alan Smith’s new book he shows us the twisting path of government arbitration,
the ways it can go wrong and how to make sure it doesn’t go wrong for you...

It's free - double click on the front cover of the book.

All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents linked in the text.

Clicking on these links with your cursor will automatically open a PDF of the exhibit/evidence that a crime was committed. Using this method and following the various file numbers discussed in our various pages, you will verify our story. Without those documents, most people would really struggle to believe that public officials and their lawyers committed the illegal offences they did.

Using the acquired evidence the way we have is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“All that is required for evil to triumph is for good men to do nothing”

– Edmund Burke