Does NSW Premier Chris Minns, his Environment Minister Penny Sharpe or Agricultural Minister Tara Moriarty ever wonder just whose interests the forestry brands that lobby them conceal from view?

“Put the foresters back in charge of the forests.” 

Malcolm David McComb, Pentarch Group, quoted in The Monthly, November 2020

According to the 'privately-owned' Melbourne-based PENTARCH GROUP it commenced business in 1984, combining the expertise of five individuals with diverse commercial backgrounds. In the early 1990s, the group’s primary focus was on three key businesses - representing major international manufacturers of military hardware, exporting containerised hay to Japan, and exporting softwood logs to South Korea - through its Industrial, Forestry and Agricultural divisions.

By 2019 the Group was managing over 8,000ha of land - with est. 30 per cent of the defined forest area being native forest. 

That year NSW Deputy Premier and Minister responsible for Forestry John Barilaro announced Pentarch Logistics Pty Ltd was receiving a $3 million grant to drive innovation and technology advancements in the NSW forestry industry.

In August 2021 the Group purchased the assets of Dormit Pty Ltd which operated two sawmills and associated operations located at Dandenong South and Swifts Creek in Victoria. That same year Boral divested its timber business to the Group in October 2021. Allen Taylor & Company, Duncan’s Holdings and their subsidiaries (collectively known as Boral Timber) now trade under the brand Pentarch Forestry. This acquisition saw Pentarch add eight sawmills, including part ownership of the Highland Pine mill at Oberon, to allegedly become the largest hardwood processor in NSW.

Pentarch Forestry exports in excess of 800,000tn per annum of plantation softwood and hardwood from Australian and New Zealand ports. This division is actively involved in forestry harvesting and haulage; port logistics including marshalling, storage and stevedoring; and international marketing and shipping.

These days its forestry division boasts that its key woodchip and logs export destinations are; China, India, Japan, Korea and the Middle East. While its sawn timbers are listed as being sourced from; Malaysia, New Zealand and Australia. 

By 2022 the Pentarch Group operated 20 sites nationally with a high concentration of timber mills in NSW.

The Pentarch Group clearly states:

Timber sustainably sourced from our native forests is our most valuable and precious resource and Pentarch Forestry™ takes pride in finding ways to better use every part of that resource.

In particular Pentarch Forestry harvests Tasmanian hardwood logs from the north-west of that state and timber from native forests (including privately-owned native forest) on land around Nungatta, Mila & Delegate in NSW, as well as from Combienbar, Murrangower & Bendoc in Victoria and, apparently sees itself as helping to protect and manage a large permanent native forest estate.

[Mapping at https://pentarchforestry.com.au/sustainability-environment/sustainable-forest-management/]

The Group's milled native timber is ending up as everything from solid timber floor boards through to mass produced wooden pallets for industry and woodchips as a secondary product.

Its offices can be found at 18 different locations across five states. [See list & details at end of this post]

In its April 2022 submission to the NSW Legislative Council's INQUIRY INTO LONG TERM SUSTAINABILITY AND FUTURE OF THE TIMBER AND FOREST PRODUCTS INDUSTRY, Pentarch advocated for the permanent retention of multiuse State Forest. Also expressing a sense of frustration that the forestry industry had not been allowed carte blanche to clear the 2019-20 native forest fire grounds of all suitable timber. Apparently a firm believer in a forest restoration harvesting process. Leaving this reader with the suspicion that the Pentarch Group belongs to the 'lets keep the forest floor tidy' brigade.

2022 was also the year that Pentarch Forestry Pty Ltd had  its Forest Stewardship Council (FSC) sustainability certification (first obtained in 2017) suspended when a renewal audit found that Pentarch’s due diligence system was out of date, regrowth native forest and plantation wood were at risk of being mixed together, and threatened species assessments were not being done.

Prime Minister Scott Morrison & Chairman Pentarch Group Malcolm McComb. IMAGE: Merimbula News Weekly, 23 June 2020

Despite the apparent ease of access to political decision makers large forestry corporations appear to enjoy at federal & state government level, this apparently doesn't satisfy all in the industry that their voices are the loudest. 

The Pentarch Group chairman also reportedly co-founded Forest and Wood Communities Australia which has a dedicated website, a Facebook page and an X/Twitter account with the less than subtle principal aim of pushing back against so-called "environmental extremists", "ideological idiocy", criticising the Victorian Government and pressuring the NSW Minns Labor Government. The social media accounts in particular have a tendency to mislead.

The faces fronting the Pentarch Group are on display at:

http://www.pentarch.com.au/pentarch_team.html.

However, the principal corporations in this group are very careful to conceal shareholder identities - all shares in the following three registered companies are beneficially held by the companies on behalf of unnamed individuals/corporations.

Although it is not hard to imagine that the Sedger, McComb, Yuncken, Cuthbertson and Dadd families might properly feature heavily on the shareholder list - along with a discreet number of self-managed super funds, investment entities and trusts. It is also not hard to imagine that the 'hidden' nature of such shareholder lists might potentially contain conflicts of interest for state and local governments dealing with the forestry industry.

It is noted that the Minister for Climate Change, Minister for Energy, Minister for Environment and Minister for Heritage, Minister for Agriculture, Minister for Regional NSW and Minister for Western NSW and the NSW Treasurer were meeting in 2023 with members of the forestry industry concerning what was loosely described as "forestry industry reform" and "forestry matters".

~~~~~~~~~~

PENTARCH GROUP PTY LTD

ACN: 064 165 635

ABN: 21064165635

Registered in: Victoria

Registration date: 31/03/1994

Registered address & principal place of business:

'Kings Garden Estate' Level 1, 99 Coventry Street,

SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

FRASER JEFFREY CUTHBERTSON (Victoria)

STEPHEN GORDON DADD (NSW)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 1,438 Fully Paid

• 838 Beneficially held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

• 600 Beneficially held by: PENTARCH GROUP PTY LTD

Current roles in the following organisations:

PENTARCH PERMACULTURE & CARBON PTY LTD

ACN: 661 995 035

ABN: 98661995035

Address: Unknown

OCEAN2EARTH PTY LTD

ACN: 663 110 629

ABN: 71663110629

Address: Unknown

Current shares and interests in:

*675,000 CLASS I SHARES & 1,125,000 CLASS

N_SHARES Fully Paid

Beneficially held by: SOUTH EAST FIBRE EXPORTS PTY LTD

ACN: 000 604 795

ABN: 85000604795

Address: Unit 1, 250 Charman Road, CHELTENHAM VIC 3192

*600 Ordinary Shares Fully Paid

Beneficially held by: PENTARCH HOLDINGS PTY. LTD

ACN: 064 165 635

ABN: 21064165635

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*96,000 Ordinary Shares Fully Paid

Beneficially held by: ALLIED NATURAL WOOD ENTERPRISES PTY LTD

ACN: 607 144 089

ABN: 65607144089

Address: Jews Head Edrom Road, EDEN NSW 2551

*96,000 Ordinary Shares Fully Paid

Beneficially held by: SAPPHIRE FORESTS PTY LTD

ACN: 607 256 780

ABN: 85607256780

Address: Jews Head Edrom Road, EDEN NSW 2551

*10,000 Ordinary Shares Fully Paid

Beneficially held by: ALLIED NATURAL WOOD EXPORTS (TAS) PTY LTD

ACN: 619 876 345

ABN: 23619876345

Address: Jews Head, EDROM NSW 2551

*1,000 Ordinary Shares Fully Paid

Beneficially held by: FORESTS IN PERPETUITY PTY LTD

ACN: 639 068 732

ABN: 84639068732

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*73,740 Ordinary Shares Fully Paid

Beneficially held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

ACN: 094 390 271

ABN: 88094390271

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*10,000 Ordinary Shares Fully Paid

Beneficially held by: PENTARCH PERMACULTURE & CARBON PTY LTD

ACN: 661 995 035

ABN: 98661995035

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

~~~~~~~~~~

PENTARCH HOLDINGS PTY. LTD

ACN: 064 165 635

ABN: 21064165635

Registered in: Victoria

Registration date: 31/03/1994

Registered address & principal place of business:

'Kings Garden Estate' Level 1, 99 Coventry Street,

SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

FRASER JEFFREY CUTHBERTSON (Victoria)

STEPHEN GORDON DADD (NSW)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 1,438 Fully Paid

• 838 Beneficially Held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

• 600 Beneficially Held by: PENTARCH GROUP PTY LTD

Ultimate holding company for:

PENTARCH FOREST PRODUCTS PTY LTD

ACN: 059 465 879

ABN: 57059465879

Address: Level 2, 121-123 High Street, PRAHRAN VIC 3181

ARI LEASING PTY. LTD

ACN: 072 963 798

ABN: 77072963798

Address: Unknown

PENTARCH LOGISTICS PTY LTD

ACN: 075 432 254

ABN: 99075432254

Address: Level 2, 121-123 High Street, PRAHRAN VIC 3181

PENTARCH AGRICULTURAL PTY LTD

ACN: 101 274 613

ABN: 45101274613

Address: "KINGS GARDEN ESTATE", Level 1, 99 Coventry

Street, SOUTH MELBOURNE VIC 3205

SAPPHIRE HAULAGE PTY LTD

ACN: 132 292 436

ABN: 55132292436

Address: Unknown

NARROGIN HAY PTY LTD

ACN: 104 157 593

ABN: 73104157593

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

PENTARCH STEVEDORING PTY LTD

ACN: 108 439 185

ABN: 53108439185

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

MALLEE HAY PTY LTD

ACN: 123 956 089

ABN: 78123956089

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

PENTARCH FARMS PTY LTD

ACN: 123 956 105

ABN: 97123956105

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

~~~~~~~~~~

TIMBER AUDITS & TECHNOLOGY PTY LTD

ACN: 094 390 271

ABN: 88094390271

Registered in: Victoria

Registration date: 06/09/2000

Registered address & principal place of business:

Registered address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 73,740 Fully Paid

Beneficially held by: PENTARCH GROUP PTY LTD

~~~~~~~~~~

Pentarch Group offices current as of 17.02.24:

TASMANIA

Massy Greene Drive

South Burnie, Tas, 7320

PO Box 3033

Ph: 03 6430 7333

VICTORIA

Level 1, 99 Coventry Street

Southbank, Vic, 3006

Ph: 03 9621 7900

Great Alpine Road,

Swifts Creek, Vic, 3896

Ph: 03 5159 4438

98 Indian Drive

Keysborough, Vic, 3173

Ph: 1800 818 317

96-106 Ordish Road,

Dandenong, Vic, 3175

Ph: 03 9706 5744

QUEENSLAND

838 Nudgee Road

Northgate, Qld, 4013

Ph: 1800 818 317

Suite 12 Level 1,

84 Wises Road

Maroochydore, Qld, 4558

PO Box 5561

Ph: 1800 818 317

SOUTH AUSTRALIA

176-178 Magill Road

Norwood, SA, 5067

Ph: 1800 818 317

NEW SOUTH WALES

Eden Log Export Facility

Lot 2, Edrom Road

Eden, NSW, 2551

Ph: 02 6496 0252

Eden, NSW

Eden Chip Export Terminal

Edrom Road, Jews Head

Eden, NSW, 2551

Ph: 02 6496 0222

420 Herons Creek Road

Herons Creek, NSW, 2443

Ph: 02 6585 7188

43 Mill Road

Koolkhan, NSW, 2460

PO Box 437

Ph: 02 6644 7280

13056 Summerland Way

Kyogle, NSW, 2474

PO Box 187

Ph: 02 6632 1866

148 Tweed Valley Way

Murwillumbah, NSW, 2484

PO Box 56

Ph: 02 6670 8700

6016/6018 Princess Highway

Narooma, NSW, 2546

PO Box 75

Ph: 02 4476 7908

Unit D1, Regents Park Estate

391 Park Road

Regents Park, NSW, 2143

Ph: 1800 818 317

50 BTU Road

South Nowra, NSW, 2541

PO Box 5014

Ph: 02 4447 8262

PRINCIPAL SOURCES:

• ASIC company extracts retrieved 16.02.24
• The Pentarch Group website at http://www.pentarch.com.au/

• Industry news media
• Submission 233, NSW Legislative Council Inquiry into Long term sustainability and future of the timber and forests products industry. 
• Pentarch Forestry, Forestry Management Plan, September 2019.
• NSW Government, 2023 Ministers' Diary Disclosures at https://www.nsw.gov.au/departments-and-agencies/the-cabinet-office/access-to-information/ministers-diary-disclosures/2023
• The New Bush Telegraph, NSW Biggest Native Forest Logger Loses Sustainability Certification, 10 September 2022.
• Michael West Independent Media, Big logging company Pentarch pinged for shifty forestry practices, 7 September 2022.
• Forest and Wood Communities Australia at https://fwca.org.au/news/  https://twitter.com/woodcommunities & https://www.facebook.com/WoodCommunities/

Opinion: "Those with the loudest voices do not speak for all Jews in Australia"

Sarah Schwartz and Max Elliott Kaiser writing in The Sydney Morning Herald, 6 February 2024:

Those with the loudest voices do not speak for all Jews in Australia.

Today, talk about antisemitism is everywhere - in newspapers, conversations between friends, and especially on social media. Many Jews feel scared. They are told to see antisemitism in the scarves worn in solidarity with Palestine, in the words "Free Palestine" voiced at protests, and in the stickers calling for the boycott of Israeli products.

But while reports of antisemitism have increased in Australia since Hamas' October 7 attack on Israel - as have those of anti-Palestinian racism and Islamophobia - none of these are examples of it. They are instead legitimate expressions of support for Palestinians who are facing overwhelming levels of violence and displacement.

When Australia's pro-Israel lobby groups mischaracterise these expressions as antisemitic, they produce fear and demonise Palestinians and their supporters. These accusations rely on a conflation of Jews and Israel - that any criticism of the state of Israel is seen as an attack on all Jews. This conflation reflects the view, promoted by Israel, that Jewish identity and safety worldwide is inextricable from Israel and its "security". Any criticism of Israel's use of brute force against Palestinians in the name of this security is by default deemed antisemitic.

As proud Jews who are committed to combating real racism, we know these are not the same thing. Jewish people have identities separate from the state of Israel and our cultures and practices are far older than Zionism. The truth is that the Jewish community is not a monolith. We might better speak of multiple Jewish communities with unique histories, diverse expressions of Jewishness, and - in our view increasingly - conflicting views on Israel. Jews here and around the world, particularly those with personal connections to Israel, are still reeling from the killing of more than 1100 people in Israel, the majority civilians, on October 7. Many Jews also abhor the violence Israel has since meted out to Palestinians in Gaza. More than 27,000 people have been killed, according to Gaza's health ministry, many of them children and most of them civilians, and 2 million have been displaced from their homes.

Almost 1000 Jewish people in Australia have signed an open letter condemning Israel's collective punishment of Palestinians in Gaza, calling for a ceasefire and stating that: "Our Jewish values are incompatible with the unjustified cruelty and reckless disregard for human life and dignity that the Israeli government is displaying."

A survey in June 2023 found disagreement between Jews in Australia in relation to Israel's control over Palestinians in the West Bank. Irreconcilable differences of opinion between Jews are widening, yet the broader Australian public could be forgiven for thinking all Jews agree.

This is in part because most so-called Jewish representative organisations in Australia refuse to represent this diversity of opinion between Jews and have become explicit Israel lobby groups. One of these organisations, the Executive Council of Australian Jewry, prepares a regular report on rising antisemitism in Australia.

In its December 2023 report, cited widely in the media, it brings attention to many real incidents of hate against Jews such as graffiti in November on a block of flats saying "kill jews, jews live here".

However, disgusting instances such as this are also lumped in with legitimate political expressions of solidarity with Palestinians, criticism of Israel and criticism of Zionism as a political ideology. Examples include graffiti and placards reading "Zionism = racism" and "end the Palestinian Holocaust" being considered antisemitic, as was the protest chant "intifada, intifada", which means "uprising" in Arabic.

The Israel lobby's conflation of these types of incidents has meant that claims of antisemitism are being exploited to stifle legitimate criticism of Israel's actions in the Gaza Strip and West Bank.

The Australian public now knows there is a concerted effort by organised pro-Israel lobbyists to target individuals who publicly criticise the state of Israel.

Leaked messages from WhatsApp groups reveal campaigns to target actors who wore the keffiyeh - a scarf worn in solidarity with Palestinians - for a curtain call; broadcaster Antoinette Lattouf, who reposted content on Gaza; and doctors who engaged in political action in support of healthcare workers in Gaza. We should all be concerned when political lobbying crosses over into intimidation aimed at suppressing legitimate expression in a democratic society.

The baseless weaponisation of accusations of antisemitism by various lobby groups aims to undermine the movement for a just future for Palestinians, but it also undermines the fight against antisemitism. The history and concept of antisemitism risks becoming confused and devalued amid a very real fight worldwide against genuine anti-Jewish racism and an increase in fascist activity. It will lead to real instances of antisemitism being dismissed.

We are proud of being Jewish. We are the descendants of Jews who fled violence, horror and racism. We grew up hearing stories of Holocaust survivors. For us, honouring our ancestors means fighting against racist violence wherever it appears. Doing all we can to stop Israel's overwhelming violence against Palestinian civilians, found to be a plausible case of genocide by the International Court of Justice, is an ethical imperative precisely because of our Jewishness and our histories.

We write these words knowing we will face backlash. Palestinians face the worst targeting from lobbyists. However, the state of Israel, and groups that lobby on its behalf, have no qualms about going after fellow Jews. In order to maintain that their actions are for the benefit of all Jews, they must silence and discredit Jewish dissenters.

Every Jew we know who has spoken out against Israel has faced threats, social exclusion, intimidation, campaigns for sacking or attempts to discredit them. We are called "self-hating", "Kapos", "Nazi sympathisers", or "fake Jews". Lattouf's Jewish lawyer Josh Bornstein was even called a "traiter" [sic] by a participant in the Lawyers for Israel group which advocated for the broadcaster's sacking.

We are part of a growing number of Jewish people who have spoken out against Israel's actions. Antisemitism is a real threat, but the cynical misappropriation of this term is causing unnecessary fear and shutting down critical dialogue around Israel's war. We are proud of our Jewishness, and we refuse to let those with the loudest voices speak for all Jews in Australia.

Sarah Schwartz is a human rights lawyer and lecturer at the University of Melbourne. Dr Max Elliott Kaiser is a historian, expert on antisemitism and author of Jewish Antifascism and the False Promise of Settler Colonialism.

Quote of the Week

 

“Imagine if there was a company which received millions of dollars in government grants each year, paid no tax as it held charitable status, owned recruitment agencies and also owned a law firm which fought against penalty rates for young workers and workplace leave for victims of domestic violence. There is such a company. It is called the NSW Business Chamber Limited. Its financial statements show the NSW Business Chamber recorded revenue of $190 million dollars last year of which $5.8 million came in government grants.” [Michael West writing in Michael West Media: Independent Journalists, 6 June 2022]

 

That day in August 2021 when Australia 'jumped the shark'*

On Saturday 28 August 2021, as the SARS-CoV-2 Delta Variant gradually spreads across the continent and, infections along with deaths continue to grow daily by epidemic-level numbers in Australia's most populous east coast state, this appeared in mainstream and social media....

The Sydney Morning Herald, 28 August 2021

Now that message may be close to the boastfully Pentecostal heart of Australian Prime Minister & Liberal Party MP for Cook Scott John Morrison, as well as in line with the political message he has been pushing since the beginning of the global COVID-19 pandemic in 2020. 

In fact Morrison has become quite insistent in the last week or so - in print and television interviews as well as on his feet in the House of Representatives - and like the ACL he glosses over the very real difficulties predicted by transitioning to very low public health restrictions based solely on a national vaccination percentage.

However, those difficulties stubbornly remain.......

On Saturday 28 August 2021 NSW Health recorded 1,218 new locally acquired cases of COVID-19 in the 24 hours to 8pm that night, another 8 people had died from COVID-19 infections, the number of COVID-19 cases admitted to NSW hospitals had risen to 813 with 126 people in intensive care and 54 of these required ventilation.

At Day 76 the state's public hospital system is feeling the strain after a prolonged infection surge and despite a COVID-19 'community care' system at least 8 people with COVID-19 have died in their homes.

Added to this locally acquired Delta Variant infections is still escaping into the regions and out of its state borders - the latest being two truck drivers who travelled from NSW through three other states before their infectious status was recognised.

The U.S. influenced hard-right Australian Christian Lobby (ACL) aka The Centre for Human Dignity  message is simplistic and dangerous during this Delta Variant Outbreak. Because it is targeted  at est. 52.1% of the population who state an affiliation to a Christian religion, in the hope that they will put pressure on state premiers and MPs to do the bidding of the ACL:

Take action today

Using the form below, please write an urgent email to your Premier or Chief Minister and your State MPs – it will only take a couple of minutes. Some wording has been provided for you, but feel free to adjust it as you see fit. Be concise and respectful.

As always

The salutation at the start and your name at the end will both be appended automatically. Please don't add these to the letter below, eg please do not address the email “Dear MP's name”.

When you complete your name and address in the box below, your letter will be directed to your Premier or Chief Minister and your State MPs.

Right now around 10,000 people have already used ACL's 'action' webpage as requested. According to ACL's website in February 2020 it claimed a membership of 170,000 individuals who are "seeking to bring a Christian influence to politics".  By 2021 it was claiming 175,000, however the only verifiable membership figure is the 5-member board whose names are currently concealed "Due to security concerns".

The misleading ACL message about the advisability of living with ongoing epidemic levels of COVID-19 because it restores our "freedoms" is not one supported by science or the majority of Australian medical/epidemiology experts. 

Indeed, Doherty Institute modelling suggests that even at best case scenario,  if the ACL gets its way then within 3-6mths of ‘opening up the economy’ at a 70% national vaccination rate, an est. 1,983 deaths are likely to occur including the deaths of 685 vaccinated people.

Encouraging people to ignore determining risk of infection, chronic illness or death for themselves and members of their family, on the basis of an alleged 'shared' Christian faith with the ACL, is a step too far.

That excerpts of this warped message was even published by a supposedly secular national Nine Entertainment newsprint and online asset was really 'jumping the shark'.

NOTE:
* 'Jumping the shark'. Colloquial expression meaning to lose both integrity and the plot.

Menzies Research Centre evidence before parliamentary joint inquiry appears to be built on shifting sands

Liberal-National Party drone, the Menzies Research Centre, was the 66^th individual or organisation to make a submission to the Parliamentary Joint Committee on Corporations and Financial Services’ Inquiry into the Litigation funding and the regulation of the class action industry.

 This submission was written by twenty-five year-old James Mathias (shown left), Chief of Staff at the Menzies Institute and unsuccessful Liberal candidate for the seat of Holt at the 2016 feferal election.

It would appear from the evidence Mathias gave to the Inquiry that he shares an office with the Liberal Party in Canberra.

Young James is definitely not a scholar and, typical of that peculiar breed of young Liberals, he made a a mess of the submission right from the opening lines.

On 13 July 2020 The Guardian report his appearance at the first public hearing of the Inquiry:

Mathias appeared on Monday before a parliamentary committee investigating whether Australia’s class action industry needs tighter regulation…

The first line of the submission from the MRC – the Liberal party thinktank – quoted the federal court justice Michael Lee as saying in a judgment on 5 June: “The phrase ‘access to justice’ is often misused by litigation funders to justify what at bottom is a commercial endeavour to make money out of the conduct of litigation.”

It was purportedly from a judgment on class actions stemming from allegations that the Australian defence department negligently allowed toxic chemicals known as Pfas to escape from defence bases and contaminate local environments.

But Mathias, who was just 21 when he ran as a federal candidate for the Victorian seat of Holt in 2016, confirmed under questioning he had “not read the full judgment” cited in the submission as “judgments are very long – some hundreds of pages”.

O’Neill said the judgment was actually 37 pages long and “the words you quote in the very first line of your submission are nowhere, nowhere to be found in his honour’s judgment”.

The NSW senator said the only place that quote could be found was in an article in the legal journal Lawyerly on 9 June, titled “‘A significant inequality of arms’: Funding led to better outcomes in PFAS class action, judge says”…..

In Lee’s judgment of 5 June, the judge made a more qualified statement that “the term ‘access to justice’ is commonly misused, most often by some funders who fasten upon it as an inapt rhetorical device”.

He then cautioned against generalisations. While noting “litigation funding is about putting in place a joint commercial enterprise aimed at making money”, Lee went on to say that recognising that reality “does not diminish the importance of litigation funding in allowing these class members to vindicate their claims against the commonwealth”.

Referring to the alleged victims in the Pfas class actions, Lee continued: “Without litigation funding, the claims of these group members would not have been litigated in an adversarial way but, rather, they would likely have been placed in the position of being supplicants requesting compensation, in circumstances where they would have been the subject of a significant inequality of arms….

When contacted for a response to the criticism of his submission, Mathias said it was “astonishing that the Guardian would be siding with foreign backed, super-profitable litigation funders just because it does not like the politics of the MRC”.

The 5 June 2020 judgement in question GAVIN SMITH et al v COMMONWEALTH OF AUSTRALIA (DEPARTMENT OF DEFENCE) can be found at https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0837

*James Mathias Snapshot found on Twitter