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Who We Are

The evidence presented in these five links indicates a systemic and deliberate effort to subvert the arbitration process and undermine the integrity of justice.

Clicking on the 'Judges Gavel' to the right of this page will allow you to see all of the evidence which supports our COT story.   

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Who We Are
Absent Justice Ebook

Read Alan's book

How can one publish a true account of what happened during various Australian Government-endorsed arbitrations without attaching exhibits to support the facts, as we have been forced to do due to the rampant corruption within the government bureaucracy? How can the author prove that government public servants fed privileged information to the then Australian Government-owned telecommunications carrier (the defendants) but also concealed the same documentation from the claimants, their fellow Australian citizens?

Additionally, how can one tell a story so unbelievable that even the author doubts the authenticity of what they are writing until they check their records before continuing with the story? How can one expose collusion between an arbitrator, various appointed government watchdogs (umpire), and the defendants? How can one also expose that the defendants in an arbitration process (the once government-owned telecommunications carrier) used equipment connected to their network to screen faxed material leaving your office? 

Moreover, how can one expose that the defendant's advisors stored the screened material without the author's knowledge or consent before redirecting it to its intended destination, where, in some cases, the more relevant information was never forwarded? The defendants (the Telstra Corporation) were using this screened material to benefit their arbitration defence to the detriment of the claimants.

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“…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

Absent Justice - The Godfather

My name is Alan Smith, and I want to share my story about the struggles I faced while battling a major telecommunications company and the Australian Government. This fight has been ongoing since 1992, spanning various government departments, regulatory bodies, the judiciary, and the Australian telecommunications giant Telstra, previously known as Telecom. Unfortunately, the quest for justice is still ongoing.

In 1987, I left my 28-year career at sea and purchased the Cape Bridgewater Holiday Camp near the small maritime port of Portland in rural Victoria. However, I realised the telephone service was unreliable within a week of taking over the business. Instead of telephone calls, I received letters from potential customers trying to book my venue.

This issue persisted for six years and resulted in losing business, our reputation, and even our house, which was needed for the mortgage on the holiday camp. I was not alone in this struggle, as other independent business owners were similarly affected by Telstra's poor telecommunications service. We became known as the Casualties of Telstra, or the COT cases. All we wanted was for Telstra to acknowledge the problem and fix it.

We were given hope for a fair resolution through an arbitration process, with the assurance of receiving crucial Telecom documents to support our case. Regrettably, despite the promise made, only five of the twenty-one COT Cases were granted access to their required documents upon completing the arbitration and mediation procedures.

On February 16th, 1996, John Rundell, who was the Arbitration Project Manager, wrote a letter to John Pinnock, the administrator of an arbitration case, informing him that the financial report prepared by his office was incomplete at the time the arbitrator used it to assess the losses in the case → Chapter 2 - Inaccurate and Incomplete. This happened ten months after the completion of the arbitration. This incomplete and inaccurate report affected the outcome of the case. It's worth noting that in 2024, Mr Rundell will operate two arbitration centres, one in Melbourne and the other in Hong Kong.

Adding insult to injury, clauses 25 and 26 of the arbitration agreement that I had signed stipulate that the financial resource unit, which Mr Rundell was a part of, had a $250,000 liability cap for negligence. However, without my knowledge, this liability cap was removed from the arbitration agreement. Part 2Chapter 5 Fraudulent conduct

Additionally, the confidentiality clause in the same arbitration agreement prohibits me from discussing what occurred when John Rundell submitted his incomplete financial report to the arbitrator.

Despite this gag clause, I have decided to make this information public.

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