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The decision to exonerate the arbitrator's financial and technical consultants from any accountability for misconduct and negligence was fundamentally undemocratic.

The government-endorsed arbitrations were ultimately revealed as a misguided criminal scheme meticulously engineered by Telstra, with the primary objective of curtailing their financial losses in a highly strategic manner. This complex deception involved a series of deliberate maneuvers aimed at manipulating the arbitration process, ensuring that the outcomes favored Telstra's interests while grossly undermining principles of equity and justice.

Between June 1997 and March 1999, the Senate undertook a comprehensive investigation that delved deeply into these troubling practices. The inquiry uncovered a multitude of irregularities and conflicts of interest, bringing to light the extent of the manipulation that occurred during the arbitration proceedings. Alarmingly, these findings emerged more than two years after the majority of the arbitrations had concluded, indicating a systemic issue that had not only affected individual cases but had broader implications for trust in the arbitration system as a whole.

The investigation raised profound concerns regarding the integrity of the arbitration process and pointed to potential complicity among various government entities that facilitated, and perhaps even endorsed, these unethical actions. Such revelations sparked a critical dialogue about accountability and the need for substantial reforms to prevent similar abuses in the future.

Chapter 

Exoneration from all liability 

The decision to exonerate the arbitrator's financial and technical consultants from any accountability for misconduct and negligence was fundamentally undemocratic, wholly unconscionable, and immoral. This action compromised the integrity of the arbitration process and established a perilous, dangerous precedent that undermined public trust in subsequent arbitrations.

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My decision to write this book stems from the intricate and multifaceted nature of our narrative, along with the extensive range of exhibits that necessitated meticulous organization and replication. This deliberate choice allows readers to grasp the myriad of transgressions committed against the COT Cases by various parties, including public officials and regulatory agencies. Through this storytelling approach, I aim to vividly illustrate the pervasive criminality that thrived within the framework of government-sanctioned arbitrations under the International Arbitration Act.

Until the late 1990s, the Australian government owned and operated the nation’s telephone network through the communications carrier Telecom, which has since transitioned to private ownership and is now recognised as Telstra. During this era, Telecom maintained a stranglehold over the communications sector, allowing the network to deteriorate significantly, leading to a cascade of service failures. Instead of confronting the pressing issues of our severely deficient telephone services as part of the government-endorsed arbitration process—an uneven and ultimately futile battle for justice—these critical problems were left unaddressed. As a result, countless claimants found themselves compelled to spend hundreds of thousands of dollars pursuing their cases against this government-owned entity, only to be met with resistance and neglect.

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“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

Hon David Hawker

“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

“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

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

The Hon David Hawker MP

“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

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