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H J AMES J OHNSON

HUMAN RIGHTS § CIVIL RIGHTS § CORRUPTION § MEDIA


D EFA M AT I O N § P R O F E S S I O N A L N E G L I G E N C E L AW
1 S T F L O O R 1 4 1 O S B O R N E S T R E E T S O U T H YA R R A V I C T O R I A 3 1 4 1
TELEPHONE: +613 9279 3932 FA C S I M I L E : + 6 1 3 9 2 7 9 3 9 5 5

Monday 5 October 2009 ***


IMPORTANT COMMUNICATION

Mr Michael Brett Young


Chief Executive
Law Institute of Victoria
By Facsimile: 9607 9569 (... pages)
And By Registered Mail

Dear Michael

VICTORIAN SUPREME COURT PROCEEDINGS 9665 OF 2007, 9263 AND 10222 OF 2008 AND 3731 AND
3766 OF 2009
1. I refer to our previous correspondences in this matter.
2. On 18 August 2009 we spoke by telephone conference for approximately 80 minutes. This was a
conference you organised with some urgency the previous week after I had written to the Law Institute's
Board Members informing them that poor decision making by your Executive Team was pushing me into a
corner where I had no choice but to seek second opinions (in the Courts, relevant regulators, the parliament,
the general public (via the media) and other members of the Law Institute.
3. As an LIV member of 20 years goodstanding, who has given substantially and freely of my time to other
members, I am of the view that the Law Institute has contractual, statutory and constitutional duties (reciting
most paragraphs of clause 2 of the LIV's Constitution) to provide substantial assistance to protect me and
also the profession and the general public from the ravages of corrupt members of the legal profession (the
'Sharks with Wigs' as the State and Federal Attorney-Generals (and the media) are calling them.
4. During our telephone conference on 18 August 2009 you gave me three very serious undertakings. I regard
these undertakings as binding on you, as a matter of professional law, and as binding on the Law Institute of
Victoria Limited as a matter of corporations law [you are after all the Chief Executive and a Director of the
Law Institute].
5. I kept careful records of our telephone conversation and confirm the relevant undertakings in my letter to
you the following day (19 August 2009). I attach another copy of that letter to jog your memory. I strongly
warn you of the dangers to you professionally if you now try to weasel out of, or deny those undertakings.
6. The undertakings you gave included (see page 5 of my letter of 19 August 2009):

'Confirmation of Support
5. I confirm that you have agreed that the Law Institute will, to begin with, support me at a direct,
micro level, in the following three ways:
 By writing a letter to Mr Michael Bevan, the State Director of the Victorian Legal Aid Office
supporting my application for legal aid funding on public interest grounds.
 By writing a letter to the Legal Services Commissioner demanding that she investigate the
malicious slanders of me by Graeme Devries of the Victorian Bar, and his other unprofessional
misconduct, including multiple attempts to pervert the course of justice in these proceedings;
 By writing a letter to the Attorney-General expressing concern over the failure of the Legal
Services Commissioner to police misconduct disputes against members of the Victorian Bar
despite having clear statutory duties, powers and responsibllities to do so.

7. I have sent you drafts of the first two submissions, to Bevan Werner of Victoria Legal Aid, and to Victorai
Marles the Legal Services Commissioner.
8. It would seem to me to be beholden on you to draw up the third submission, from the Law Institute to the
State Attorney-General, without necessary input from me.my previous correspondences and requests for
assistance from the Law Institute. As further incentive to you for the Law Institute to write to the Attorney-
General demanding Ms Marles appointment be terminated (and her misconduct and corruption investigated
for possible criminal prosection) I attach:
 Copy of my more recent correspondences from and to Ms Marles (both her Tweedledumbness and her
Tweedledeedness); and
 Copy of the Victorian State Ombudsman's damning report on Ms Marles, from the official pages of his
2008-09 Annual Report – and God forbid that you haven't already read these materials.
9. On 9 September 2009 (having been left with the distinct impression you were ignoring me) you took my call
of about 4:14 pm. I mentioned both the submission I had drafted from the LIV to Victoria Legal Aid and the
submission I had drafted from LIV to the Legal Services Commssioner. You said that you didn't think it
necessary to put anything in writing to Bevan Werner because you have a close working relationship with
him (you talk to him every day). I explained the urgency of the submission to the Legal Services
Commissioner [This was a week prior to my reading the State Ombudsman's Report.] You said you would
get right onto it.
10. A week later. Nothing had happened. I telephoned your office on 16 September 2009 and was told you
were away at a conference for the week. So much for 'straight onto it'. The next day I sent you the attached
letter dated 17 September 2009.
11. Two weeks and a half later. Today is 5 October 2009 and I have not received any contact from you. Nor
have I received any evidence of any attempt to contact me.
12. TAKE NOTICE THAT I am giving you until close of business this Friday 9 October 2010 to make good on
your undertakings given to me verbally on 18 August 2009 (that's almost 2 months of patience from me).
13. If by this time you have not provided me with:
 Copies of all 3 LIV submissions to Victoria Legal Aid Office, Legal Services Commissioner and Attorney-
General Victoria; and
 A written explanation for why the hell you have done nothing for almost 2 months but, it seems, pretend
that you were going to do something:
14. I regret (honestly, I do regret) to inform you that all Board and Executive Members of the Law Institute will
find themselves joined in as defendants by counterclaims to these Brothelgate Watergate proceedings in the
Supreme Court.
15. I am not interested in speaking with you unless / until you honour these binding commitments, so please
don't bother telephoning me now if all you are going to do is try to sing me to sleep with more lies and
stalling tactics.

Kind regards

JAMES JOHNSON

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