The Chairman, CEO, and Board of Directors of Goldman Sachs JBWere Pty Ltd Level 17 101 Collins Street Melbourne VIC 3000
Friday 13th October 2006
We herein reserve our rights and entitlements against each of you, and put you all on notice that:
The ‘T3’ Prospectus Fails To Disclose Contingent Liabilities!
We believe that you have a legal duty to forthwith withdraw from your participation in the Commonwealth’s Telstra® ‘T3’ share float, which legislation we understand was obtained by use of deception on the part of Minister Coonan. Further, we believe you have a legal duty to halt the ‘T3’ share float and re-print the ‘T3’ prospectus and/or do whatever is necessary to ensure that all potential „T3‟ investors are fully informed, advised, and made fully aware of all of the following stated facts before making any investment decisions, seeing that:
1. Both the Commonwealth of Australia and its (still majority owned) agency, Telstra®, have obligations under the Corporations Act and ASX Listing Rule 3.1, is to keep the market fully informed of information which may have a material effect on the price or value of Telstra® shares or on the level of viability of Telstra®, and are to correct any material mistake or misinformation in the market.
a. By needing to correct the false, misleading and deceptive statements made on page 51 of the ‘T1’ prospectus about unresolved CoT matters; and
b. Correcting the omissions of the truth in the ‘T2’ and ‘T3’ prospectuses, that fail to disclose our unresolved CoT matters and fail to disclose many other unresolved CoT matters; that
c. Minister Coonan, her MO staffers and Telstra are well aware of, but have since the ‘T3’ legislation was passed on the 14 th September 2005 by use of deception, they have been conspiring to keep concealing ours and many other CoT matters ever since.
d. The Minister Offices FOI documents that I have in my possession prove these facts).
2. We draw to your attention as we note that:
a. the Commonwealth of Australia and its agency, Telstra® have failed to discharge these obligations by not releasing the following information to the ASX in the form of an ASX release or disclosures in other relevant documents e.g. in the Annual Review and Annual Report and in the ‘T3’ prospectus.
b. The information must not be selectively disclosed (i.e. to analysts, the media or customers) before it is announced to the ASX.
c. In addition to exposing Telstra® to unwanted adverse publicity, a contravention of these obligations can have the following results:
(i). Telstra® may be suspended from trading on the ASX;
(ii). Penalties may be levied on Telstra® directors and officers; and
(iii). The Commonwealth as the major shareholder and its agency, Telstra® may have to compensate any investor who suffers loss or damage as a result of the contravention (i.e., losses caused by security price changes arising from failure to disclose in timely manner).
(iv) However, Telstra® employs a Company Secretary who has gross conflicts of interests and appears to have been appointed to ensure to prevent coordinated monitoring and to prevent continuous disclosure; and
3. Senior executives and management of Telstra® should have procedures in place that requires them to:
a. respond fortnightly with internal email confirming that there are not any matters that should be considered for continuous disclosure (or indicating those matters that should be considered) on the basis of information that the senior management is aware and after having made appropriate enquiries of the employees that report to the relevant senior manager; and
b. IMMEDIATELY notify the Company Secretary if they become aware of any information that should be considered for release to the market (material information) even if the information is market sensitive, as, we believe, these concealed and still unsatisfied contingent liability CoT debts are market sensitive and is material information that needs to be disclosed to allow fully informed investment decisions to be capable of being made by ‘T3’ investors.
On the other hand, was this unsatisfied CoT debt and my lien over shares not disclosed in the ‘T3’ prospectus, due to some regrettable oversight?
Or were they wilfully not disclosed due to intent to dump the undisclosed debt fully on uniformed and misinformed investors? As the last majority owner’s dividend was paid to the Commonwealth, on about the 22.09.06, by Telstra® borrowing the money, leaving ‘T1’, ‘T2’ and ‘T3’ investors with the borrowed debts, and unsatisfied debts, to repay and to pay-out undisclosed CoT debts, instead of using future profits for more dividend payments!
4. It ought to have been the responsibility of the Company Secretary to review the management’s responses by considering any material information and to determine what action (if any) is to be taken and, where appropriate, liaise with the Chief Finance Officer, the CEO, the Chairman, and the Board of Directors. a. However, the ‘T3’ prospectus released on the 9.10.06 is the third prospectus in a row that between 1997 and 2006 has wilfully been produced to keep concealing our unresolved CoT matters from the public and from institutional investors, mums, and dads who are investors that have been wilfully deceived and mislead by the Commonwealth Government and by the Commonwealth of Australia’s corruptly run agency, Telstra®, who act in concert with their conflict of interest share float legal advisory firms.
b. No wonder the same two law firms have been retained for all three share floats, to keep covering up the omissions, false misleading and deceptive statements as published in the ‘T1’ and ‘T2’ share float prospectuses.
5. Prior to releasing such market sensitive information and this material information to the ASX and to minor shareholders, the Telstra® Board, its executives and its major shareholder have wilfully acted in concert with the ACMA (the Commonwealth’s regulator) who have each conspired with each other to keep concealing their systemic CoT handling practices, and undisclosed CoT liabilities, in particular, they have done so, since within about two weeks after Senator Joyce passed the ‘T3’ legislation in the Senate on the 14th September 2005. a. The ‘T3’ legislation was passed by Senator Barnaby Joyce trusting the 13th September 2005 ‘Compensatory Commitments’ undertaken by Minister Coonan, as being part of the agreed 10 point National Party plan, in exchange for Senate Joyce consummating the agreement by him in good faith trusting Minister Coonan’s word, when he passed the T3 legislation. Also see the 14.09.06 Senate Hansard.
b. Minister Coonan we note in FOI documents has, deceptively and unconscionably instructed the ACMA not to make any CoT findings, so as, to avoid honoring her outstanding CoTs ‘compensatory commitments’. c. The ‘T3’ legislation was therefore; passed by Minister Coonan and the Commonwealth Government engaging in unconscionable deception, and we believe the ‘T3’ legislation is therefore invalid and ought to be, totally repealed forthwith, and by them intentionally
and illegally not making full and proper disclosures in the current ‘T3’ prospectus, to not even attempt to correct the false, misleading and deceptive statements wilfully published on page 51 of the ‘T1’ prospectus.
6. Mr. Nimmo has made his 2005 findings at the request of all parties, including Minister Coonan, that are set-out in his 7th June 2006 Sworn Statutory Declaration; seeing that
a. No independent findings were capable being made by the TIO Ltd, prior to the ‘T1’ and ‘T2’ share float due to the systemic structure of the TIO Ltd, as its not capable of acting independent, and it was being run as a subsidiary of the Commonwealth’s agency, Telstra®, we note that Mr. Nimmo has dismissed the TIO ltd’s July 1996 findings as addressed in his 7th June 2006, Sworn Statutory Declaration, based on MSJ’s own legal advise given to Telstra® in July 1996.
b. But we note that MSJ as the legal advisory firm to Telstra® in the ‘T1’, ‘T2’ and ‘T3’ share float’s, continue to wilfully fail in their duty to disclose the truth about unresolved CoT matters in any of these three prospectuses, due to MSJ and its partners gross conflicts of interests, and due to indictable offences committed in 1996 via MSJ partners against my civil and human rights, to deflect attention away from Telstra’s systemic problems, which past and present conflicts of interests of MSJ and of their past and present partners may well and ought to result in some of its past and present partners and their accomplices being sent to jail in due course, particularly, if immediate corrections to the ‘T3’ prospectus are not forthwith carried out.
7. Therefore, in this instance, each of these people, holding the said positions, within the Commonwealth and its agency, Telstra®, and within their retained agents organisation are each liable for their failure to disclose these unresolved CoT matters contingent liabilities.
8. They are also each are liable for retaining and continuing to retain a conflict of interest Company Secretary. To ensure that he (Douglas Gration) would keep falsify documents to keep concealing these contingent liabilities and to not make the necessary disclosures, because: a. On the 6th & 7th February 2006; a Judgment and then a Schedule of Debt were duly issued and recorded for the sum of A$5,386,943,767.00 against the Commonwealth of Australia and its agency, Telstra Corporation Limited.
b. Then the said judgment and the schedule of debt were each delivered by hand and duly accepted for and on behalf of the Federal Treasurer on the 7th February 2006, at the Federal Treasury in Canberra and copies were sent by post direct to Prime Minister Howard, Treasurer Costello, and Ministers Coonan & Minchin and to Deputy Prime Minister Vaile as well as the Board of the Commonwealth’s agency, Telstra®. 9. A Lien over Shares was issued by Royal Authority on the 9th March 2006, and recorded over the Commonwealth of Australia’s shares that are held in its majority owned agency, Telstra Corporation Limited, (Telstra®).
10. The bulk of the unsatisfied debt arose through actions and tactics used by the Commonwealth and its agency, Telstra®, from prior to the „T1‟ shares being sold (or dumped) to misinformed and uniformed investor who were
sold ‘T1’ shares by use of deception on the part of the Commonwealth and its agency, Telstra®, back in 1997. a. As the „T1‟ share float prospectus, was issued with false, misleading, and deceptive disclosures, to wilfully conceal and omit from disclosing our unresolved CoT matters, and these contingent liabilities of the Commonwealth and of its agency, Telstra®. b. The accounting procedures of the Commonwealth’s agency, Telstra®, were changed in 1997, well before the ‘T1’ shares were sold (and dumped by use of deception), this fiddling of the books allowed the Commonwealth to strip-out of Telstra® in total over $4.2 Billion Dollars, that then prevented Telstra®, from being financial viable to be able to satisfy all of its CoT and CoT related contingent liabilities, this accounting changes and milking of the till by the Commonwealth Government resulted in omissions of the truth and false, misleading and deceptive disclosures being published on age 51 of the ‘T1’ prospectus.
11. These undisclosed CoT liabilities are still outstanding, and Douglas Gration the current company secretary of Telstra®, (from shortly after the ‘T2’ share float), but, he was during the ‘T1’ and ‘T2’ share float still an employee of Mallesons Stephen Jaques (MSJ) where he played a „key role‟ in the ‘T1’ and ‘T2’ share floats by him acting in concert with Stephen John Mead the former Deputy General Counsel of Telstra®, who have acted in concert with the majority shareholder to conceal the full unresolved CoT liabilities from being disclosed in the ‘T1’ and ‘T2’ prospectuses and now to omit these unsatisfied debts owing to us from being disclosed in the ‘T3’ prospectus.
12. Mr. Mead was in 1996 an secondee employee at Telstra®, and was at the same time a conflict of interests partner at MSJ, while he was via Telstra® retaining MSJ to assist him to deflect and conceal our CoT matters, by wilfully committing indictable crimes to do so, by M r. Mead, MSJ and their partners wilfully breaching Section 3ZT of the Crimes Act 1914.
13. The major shareholder via the Commonwealth Government, Mr. Mead, MSJ and Telstra® have collectively and wilfully committed indictable crimes in December 1996 to deflect attention away from our unresolved CoT matters to get the ‘T1’ legislation passed in the Senate on the 11 th December 1996 by use of concealment and deception, while Mr. Stephen John Mead nd his family were secretly receiving dual incomes from Telstra® and MSJ, (also David Hoare was receiving dual incomes from both at the same time of the crimes being committed) to ensure they would dishonestly and discriminately keep the lid on our unresolved CoT matters, like they did with the Endeavour Foundations CoT matters to ensure they were not disclosed in the ‘T1’, ‘T2’ prospectuses and which are now discriminately and unlawfully not disclosed in the ‘T3’ prospectus due to the conflicts of interest of the Telstra board’s current Company Secretary, Douglas Gration and due to the conflicts of interest of MSJ and its partners involved in concealing these matters from being disclosed in the ‘T1’, ‘T2’ and now from disclosure in the ‘T3’ prospectus. 14. Mr. Douglas Gration as the Telstra® Board’s Company sectary being an Ex-MSJ partner, is implicated in making and publishing false statements re our negotiations with Telstra®, on the 18th February 2005, see Mr. J. J. Nimmo’s 7th June 2006 sworn statutory declaration re Mr. Gration’s involvement in falsifying a Telstra Forensic Special Investigation Report, to assist the Commonwealth and its agency, Telstra®, to keep wilfully keep concealing the truth by intentionally perverting the Judicial Power of the Commonwealth.
15. The concealment and omissions of our CoT liabilities and unresolved CoT matters from (page 51 of) the ‘T1’ prospectus, was to conceal the truth about Telstra’s systemic faults, and Telstra’s systemic CoT handling tactics and also to conceal how the TIO Ltd’s systemic CoT handling tactics are misused by the Commonwealth and its agency, Telstra®, who we believe have perverted the Judicial Power of the Commonwealth by their premeditated intent of falsely over inflating the viability of the Commonwealth’s agency, Telstra®, in the ‘T1’ , ‘T2’ prospectuses and now in the current ‘T3’ prospectus, by overinflating the viability of Telstra® by at least $5,386,943,767.00, plus accruing interest based on the independent loss assessment of our net profit margin loss.
16. For independent confirmation of their conduct used against us, please read the 7th February 2006 Sworn Statutory Declaration of the qualified independent administrator/assessor (IA) Mr. J. J. Nimmo Ass.DipBus. (Mgmt); Ass.Dip.Bus. (Jus.Adm.); J.P. (Qual), MAIPIO, FAIPI: MIAMA, MIPM.
Commonwealth Consolidated Acts
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ACTS INTERPRETATION ACT 1901 - SECT 34
Power to determine includes authority to administer oath
Any court, Judge, justice of the peace, officer, commissioner, arbitrator, or other person authorized by law, or by consent of parties, to hear and determine any matter, shall have authority to receive evidence and examine witnesses and to administer an oath to all witnesses legally called before them respectively.
17. We understand that the independent administrator Mr. J. J. Nimmo was the last person to hold the office of Legal Ombudsman in Queensland.
18. We note that Mr. Nimmo is a Justice of the Peace, Qualified and a Qualified Arbitrator, and we went before him at the specific request of and consent of Minister Coonan, Senator Len Harris and with a written board authority of Telstra signed by Ziggy Switkowski the then CEO of Telstra®, therefore with the consent of all parties. 19. Mr. Nimmo’s independent findings, given in his 7th June 2006 Sworn Statutory Declaration, have not been challenged or denied by any of the Commonwealth of Australia’s Ministers or Senators and or by its agency, Telstra®, board of directors. 20. On the 8th February 2006, Minister Coonan, as the appropriate Minister of the Commonwealth Government, accepted the bill of exchange (for and on behalf of the Acceptors), while acting as the Owner and Regulator of the Commonwealth’s agency, Telstra®, personally requested we go before the independent administrator, Mr. J. J. Nimmo, on the 18th February 2005.
21. The evidence confirms that our unresolved CoT matters should have been disclosed in the ‘T1’ and ‘T2’ prospectuses and therefore must now be fully disclosed in the ‘T3’ prospectus, that is unless commercially resolved forthwith via the Commonwealth Government’s Finance Minister, in compliance with his due authority as per the herewith-enclosed copy of his duly signed 4th September 2006 admissions of the unsatisfied debt as adjudged and duly recorded by Royal Authority.
22. Nevertheless, the Commonwealth Government via Mr Howard, Mr Costello, Ms Coonan and their appointee Mr. Donald G McGauchie AO the Chairman of Telstra®, have each (in effect) publicly asked „T3‟ investors to trust the content and context of the disclosures made in its
„T3‟ Telstra® prospectus, as released on the 9th October 2006, but, the prospectus was released without any disclosure being published about ours or any other unresolved CoT matters and without disclosing the above said substantial contingent liability that is an unsatisfied debt, when the quantum of the unsatisfied debt well exceeds any non-disclosure threshold! 23. On the 9th March 2006 a Court of Faculties Notarial certificate was issued by Royal Authority, in favour of Kenneth Clyde Ivory, and the Solar-Mesh® Entities, it lawfully records the unsatisfied judgment debt and the Royal Authority also records my Lien over the ‘T3’ Shares, but we note that the ‘T3’ shares are currently therefore being offered for sale by the Commonwealth in its ‘T3’ share float prospectus which we note, does NOT disclose the above said unsatisfied quantum of debt, that is clearly an undisclosed contingent liability; and a. We further note that the ‘T3’ prospectus also fails to disclose that there are about another 25 additional unresolved CoT or CoT related issues that involve CoT handling conduct that we note also have not been lawfully disclosed in the current ‘T3’ prospectus.
24. We note and point out that an Ex-MSJ partner, who has now, been appointed by Prime Minister Howard to head ASIC, has controlled the ASX, until recently.
25. Such corruption keeps breading corruption until they get caught-out for their fraud, as we note with interest in the „Financial Review‟ on 14.10.06 (page 9) the heading “Jail to be home from home for CEO” stating that:
a. the former Homestore chief executive Stuart Wolff was sentenced to 15 years jail for fraud; and
b. Ex-WorldCom CEO Bernard Ebbers received a 25-year term last year for fraud; and
c. John Rigas, founder of Adelphia Communications, received a 15year sentence for inflating sales to boost the stock price of the company.
d. We note Wolff was also ordered to pay $US8.64 million in restitution and a $US5 million fine – in addition to his jail term given last Friday the 13.10.06, after a jury found him guilty.
26. No wonder the Commonwealth of Australia and its agency, Telstra®, are advertising the ‘T3’ share float by saying in advertisements:
a. Before you decide to invest, you should carefully consider the information in the Telstra 3 prospectus (including the benefits and risks).
b. Then in very small print, they carefully state:
(i). These securities have not been, and will not be, registered under the US SECURITIES Act 1933 and may not be offered or sold in the U.S. without registration or an applicable exemption. 27. We also draw your attention to the 4th September 2006 authority that was duly signed and recorded for and on behalf of the Finance Minister, the Hon. Senator Mr. Nick Minchin, as Notarised and Certified in Canberra ACT on the 7th September 2006, duly confirming the Acceptors, acceptance of liability owing to us the debts owing to us and confirming
that the ‘T3’ share float ought to be stayed if our unresolved CoT matters are not first commercially settled.
28. For further evidence or details, you can contact Kenneth Clyde Ivory, C/- P.O. Box 694, Archerfield, Queensland, 4108. Mob: 0402 021 628, Fax: (07) 3272 5159 or Email: email@example.com
Yours faithfully, ………………….. Kenneth C. Ivory.