Politicians mostly enter politics to serve the country. They take on what is often a thankless tasak.
Can we say the same about union officials?
The Australian Today:
Beleaguered ex-union official Kathy Jackson has apparently thwarted attempts to freeze her assets by selling her $1.3 million coastal property to her partner, Fair Work vice president Michael Lawler.
The Federal Court today heard the transfer of the property was effectively a fait accompli, as Ms Jackson formally responded to the Health Services Union’s move to have her assets frozen ahead of a trial later this month which will determine whether she misused hundreds of thousands of dollars of union money for personal expenses.
Months after the HSU first foreshadowed fears Ms Jackson would sell the property ahead of the trial, her barrister Mark Robinson SC confirmed that had indeed happened.
“To some extent it’s too late,” he said in response to the union’s freeze application.
“The
property at Wombarra, which I think the freezing over was directed to catch, has effectively been sold.
“Documents of transfer have been executed in favour of her de facto husband.” Mr Robinson said Mr Lawler had been paying the mortgage on the property as well as some of Ms Jackson’s legal expenses.
Mr
Lawler’s intervention in the Federal Court during Ms Jackson’s legal challenges has raised concerns over perceptions of a conflict of interest, given he holds office at the top of the Fair Work Commission.
The property at Wombarra on the NSW South Coast boasts almost 5000sq m of landscaped gardens and was bought for $1.3m in July 2012.
Mr Robinson said the transaction occurred a month ago and documents would be filed by conveyancers very shortly.
He said Ms Jackson had been left with only $65,000 from the deal, less than she would require to fight the HSU’s case against her.
Judge Richard Tracey issued a stern warning to Ms Jackson, saying any further moves to cement the sale should cease immediately.
“I do not think that the registration should advance any further so that it became a fait accompli before I have an opportunity to deal with the freezing application,” he said.
“No further steps should be taken towards effecting a transfer of the registration of the property before your permanent stay application has been heard and determined.”
Ms Jackson is seeking to have the HSU’s case permanently stayed as an abuse of process.
The union has already applied for summary judgment against Ms Jackson, accusing her of hiding crucial documents from the courts.
It alleges Ms Jackson spent more than $660,000 on personal expenses, including holidays, shopping and mortgage payments, and $1.07m in separate, unauthorised spending. It claims that she misappropriated $350,399 through unauthorised expenses on union credit cards.
Judge Richard Tracey said he would give each side another week to finalise their arguments, but ruled against a move by Ms Jackson to amend her defence to rely on the statute of limitations.
Ms Jackson was seeking to have any allegations older than six years struck out, but the HSU argued it would still be able to pursue those allegations if it showed a fraud had been committed, though it would need time to prove the fraud.
Justice Tracey refused the application, saying it was inappropriate to raise it for the first time two weeks from trial.
