Wednesday 4 April 2018

Are those nasty digital chickens coming home to roost for Mark Zuckerberg and Facebook?


In 2014 rumours began to spread about the about Strategic Communication Laboratries (SLC) Cambridge Analytica.

By 12 December 2015, after contacting Facebook's public relations representatives in London, The Guardian (UK) was reporting that:

"A little-known data company, now embedded within Cruz’s campaign and indirectly financed by his primary billionaire benefactor, paid researchers at Cambridge University to gather detailed psychological profiles about the US electorate using a massive pool of mainly unwitting US Facebook users built with an online survey.
As part of an aggressive new voter-targeting operation, Cambridge Analytica – financially supported by reclusive hedge fund magnate and leading Republican donor Robert Mercer – is now using so-called “psychographic profiles” of US citizens in order to help win Cruz votes, despite earlier concerns and red flags from potential survey-takers.

Documents seen by the Guardian have uncovered longstanding ethical and privacy issues about the way academics hoovered up personal data by accessing a vast set of US Facebook profiles, in order to build sophisticated models of users’ personalities.

By 6 January 2016 The Guardian was reporting on what was likely to turn up in Facebook feeds by way of political advertising:

If you lived in north-east Iowa, the evangelical stronghold where the battle for the soul of conservative American politics will play out in person on Monday, and happened to have given Senator Ted Cruz’s campaign your email address sometime in the last few months, you might find something especially appealing this weekend in your Facebook feed.

Even the most obtuse member of Facebook Inc.'s board or senior management would have been aware that the company was fast becoming an active participant in the US presidential primaries campaign. 

Fast forward to now as the chickens come home to roost.......
Google Search, 3 April 2018

The Guardian, 26 March 2018:

In rejecting the media’s characterisation of this large-scale privacy violation as a “data breach”, Facebook claims “everyone involved” in the 2014 data-siphoning exercise had given their consent. “People knowingly provided their information,” the company claimed. As with its interpretation of the word “clear”, Facebook seems to have a skewed understanding of what “knowingly” really means.

Facebook’s senior executives may now be feeling apologetic, “outraged” even. But in January 2016, as Trump surged in the polls, Facebook’s COO, Sheryl Sandberg, told investors the 2016 election was “a big deal in terms of ad spend”. In other words, a major commercial opportunity. The ability to target voters, she said, was key: “Using Facebook and Instagram ads you can target by congressional district, you can target by interest, you can target by demographics or any combination of those,” she boasted. “And we’re seeing politicians at all levels really take advantage of that targeting.”

It’s perhaps worth remembering, then, that until recently Facebook was encouraging political operatives to take full advantage of its garden of surveillance. And while aspects of the Cambridge Analytica affair may be surprising, and offer a disturbing glimpse into the shadows, the routine exploitation of information about our lives – about who we are – is what’s powering Facebook. It’s the behemoth’s lifeblood.

This was a statement from the U.K. Parliament House of Commons Digital, Culture, Media and Sport Committee on 28 March 2018:

Christopher Wylie gave evidence to the Committee on Tuesday 27th March 2018 during which he referred to the evidence the Committee is publishing today. This session is available to watch. Please note the transcript will be published online shortly.

On Tuesday 20th March, the Committee Chair Damian Collins MP wrote to Mark Zuckerberg, CEO of Facebook, requesting oral evidence. Facebook have responded offering two senior executives. The Committee has accepted evidence from Chris Cox, Chief Product Officer, but has written today to Facebook to clarify whether  Mr. Zuckerberg will also appear himself, as requested. This matter was also raised with The UK Prime Minister Theresa May, in her evidence before the Liaison Committee on the evening of the 27th March. She said that Facebook should be taking the matter seriously.

On Thursday 22nd, the Committee wrote to Alexander Nix, the suspended CEO of Cambridge Analytica, recalling him to Parliament to give further evidence. Mr. Nix has agreed to come before the Committee again. You can watch the evidence session that took place on 27th February 2018 where Mr. Nix gave evidence on Parliamentlive.tv and read the transcript.


Tuesday 3 April 2018

NSW Bar Association: “As members of the legal profession, we know indigenous Australians, proportionately, are the most incarcerated on earth. This diminishes us as a nation.”


The Australian, 29 March 2018, p.6:

As members of the legal profession, we know indigenous Australians, proportionately, are the most incarcerated on earth. This diminishes us as a nation.
Sovereignty and dispossession, recognition and representation of interests: they are different facets of the same problem. It is something that we, as lawyers, have a duty to help solve. It is because of this duty that the legal profession welcomed the government’s reference to the Australian Law Reform Commission to examine, among other issues, rates of incarceration for the indigenous.

The Pathways to Justice report of the ALRC represents a comprehensive blueprint to address the shameful over-representation of indigenous people in our prisons. Swift and decisive action is required from commonwealth, state and territory governments to ensure its recommendations are implemented.

ALRC recommendations relating to sentencing and bail regimes, the repeal of mandatory sentencing laws, an effective justice reinvestment framework, culturally appropriate community-based sentencing options, and so on, are all aimed at how substantive, not just formal, equality before the law can be achieved for indigenous people. All recommendations are supported by the NSW Bar Association as important initiatives which will contribute to addressing Aboriginal incarceration rates.

The NSW Bar is pleased the ALRC supports establishment of indigenous sentencing courts including the NSW Walama Court. The Walama Court is critical in reducing indigenous incarceration. The model involves community participation and greater supervision, resulting in reduced recidivism and increased compliance with court orders to better protect the community. It is not a “soft on crime” initiative but rather a more effective manner to supervise offenders post-sentence which would enhance rehabilitation and prevent re-offending.
At this stage the NSW government has not allocated funds to establish the Walama Court in the 2018-19 financial year, despite the fact it would have long-term economic cost savings for NSW as fewer indigenous people will be imprisoned and rates of recidivism would be reduced…..

Australian Law Reform Commission (ALRC) Pathways to Justice–Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples (ALRC Report 133) Final Report, published on 28 March 2018.



Monday 2 April 2018

Rate of homelessness is rising across Australia - including in New South Wales



Australian Bureau of Statistics (ABS), media release, 14 March 2018:

Census reveals a rise in the rate of homelessness in Australia 

The rate of homelessness in Australia has increased 4.6 per cent over the last five years, according to new data from the 2016 Census of Population and Housing.

The latest estimates reveal more than 116,000 people were experiencing homelessness in Australia on Census night, representing 50 homeless persons for every 10,000 people.

Dr Paul Jelfs, General Manager of Population and Social Statistics, said that while there was an overall increase in the estimate of homelessness in Australia, this number is made up of various distinct groups and each tells a different story.

People living in ‘severely’ crowded dwellings, defined as requiring four or more extra bedrooms to accommodate the people who usually live there, was the greatest contributor to the national increase in homelessness.

“In 2016, this group accounted for 51,088 people, up from 41,370 in 2011.

“On Census night, 8,200 people were estimated to be ‘sleeping rough’ in improvised dwellings, tents or sleeping out – an increase from 3.2 persons per 10,000 people in 2011 to 3.5 persons per 10,000 people in 2016,” Dr Jelfs said.

Younger and older Australians have also emerged as groups experiencing increasing homelessness in Australia.

“One quarter of all people experiencing homelessness in 2016 was aged between 20 and 30 years,” Dr Jelfs said.

People aged between 65 and 74 years experiencing homelessness increased to 27 persons per 10,000 people, up from 25 persons per 10,000 people in 2011.

Recent migrants (those who arrived within the five years prior to the 2016 Census) accounted for 15 per cent of the homeless estimate. Almost three quarters of this group were living in ‘severely’ crowded dwellings and the majority came from countries in South-East Asia, North-East Asia and Southern and Central Asia, including India, China and Afghanistan.

The overall number of Aboriginal and Torres Strait Islander people experiencing homelessness in 2016 was 23,437. More than two out of three were living in ‘severely’ crowded dwellings, with just less than 10 per cent ‘sleeping rough’.

Dr Jelfs also acknowledged the support of service providers in enumerating the homeless.

“I would like to thank the service providers and staff who worked with the ABS to tackle the difficult challenge of enumerating this population group and maximise the quality of this important information,” Dr Jelfs said.

Further 2016 Census homelessness data can be found on the ABS website

~~~~~~~~~~~~~~~~~~~~~~~~

On Census Night in 2016 the number of people who were listed as homeless in NSW:


37,715 persons in total, of which 22,698 were male and 15,010 were female
1,801 of the men and 981 of the women were 65 years of age and older
3,963 were children under 12 years


On Census Night in 2016 the number of people who were listed as homeless in the NSW Northern Rivers region by Local Government Area:

Tweed – 444 (compared to 308 in 2011)
Tweed Heads 156, Tweed Heads 47, South Murwillumbah 49, Murwillumbah Region 52, Kingscliff-Fingal Head 51, Banora Point 45, Pottsville 42

Byron - 327 (compared to 279 in 2011)
Byron Bay 146, Mullumbimby 121, Bangalow 31, Brunswick Heads-Ocean Shores 29
Lennox Head-Skennars Head 4

Lismore - 309 (compared to 283 in 2011)
Lismore 153, Lismore Region 93, Goonellabah 67

Clarence Valley - 230 (compared to 198 in 2011)
Grafton 89, Grafton Region 103, Maclean-Yamba-Iluka 37

Ballina - 77 (compared to 142 in 2011)
Ballina 52, Ballina Region 22

Richmond Valley - 73 (compared to 69 in 2011)
Casino 44, Casino Region 20, Evans Head 15

Kyogle - 34 (compared to 21 in 2011)
Kyogle 27


How easily this politician forgets the terms and conditions of being elected to the Australian Senate


“The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate”  [Commonwealth of Australia Constitution Act, compilation in effect as of 4 September 2013]

“Under the Constitution, each state of the Australian federation, regardless of its population, has an equal number of senators. The Senate currently consists of 76 senators. Twelve senators represent each of the six states elected for a period of six years.”  [Parliament of Australia, About the Senate]

This is Liberal Senator for Queensland Matt 'my mother made me do it' Canavan explaining a change in how he views his responsibility to the people of Queensland.

NEW TO THE PARLIAMENT IN 2014

“Mr President I am honoured to give my first speech in the Senate and I am honoured to have been elected by the Queensland people to represent them. I will do my best to serve their collective interests with courage, integrity and humility.” [Nationals Senator for Queensland Matt Canavan, Maiden Speech to the Senate, 16 Jul 2014]

LESS THAN FOUR YEARS LATER IN 2018

"I stand on a platform that is unashamedly pro-coal, I got elected on that basis. I got elected on the basis I will support the resources sector." [Nationals Senator for Queensland Matt Canavan, ABC TV Special address to the National and Rural Press Clubs, 28 March 2018]

[my yellow highlighting]

Sunday 1 April 2018

UNITED LAND COUNCILS IN THE NEWS AGAIN: Nicholas Petroulias appears before NSW Independent Commission Against Corruption and represents himself at hearings


*This post will be updated whenever additional information becomes available*

The NSW Independent Commission Against Corruption (ICAC) began a public inquiry on 27 March 2018. 

ICAC’s media release of 7 March 2018 stated in part:

“….as part of an investigation it is conducting into allegations concerning the Awabakal Local Aboriginal Land Council (LALC) (Operation Skyline).

The Commission is investigating whether any public official, being a Awabakal LALC Board director, acted dishonestly and/or in breach of their duty as a Board member in relation to a scheme involving proposals from 2014 to 2016 for the sale and development of properties (“the Sale and Development Scheme”) owned by the land council.

The Commission is also investigating whether any Awabakal LALC Board director acted dishonestly and/or in breach of their duty as a Board member in purporting to retain, or retaining, Knightsbridge North Lawyers or anyone else to act for the land council in respect of the Sale and Development Scheme.

Further, the ICAC is investigating whether any Awabakal LALC Board director: acted dishonestly and/or in breach of their duty as a Board member by participating in, or aiding or assisting any person in relation to, the Sale and Development Scheme including dealings with Sunshine Property Investment Group Pty Ltd, Sunshine Warners Pty Ltd, Solstice Property Corporation Pty Ltd and Advantage Property Experts Syndications Pty Ltd and/or Advantage Property Syndications Ltd; and whether they received any financial or other benefits as a reward or payment for their involvement in, or for their assistance or services rendered in relation to, the Sale and Development Scheme or any connected matter.

The Commission is also examining whether any person or persons encouraged or induced any Awabakal LALC Board director to dishonestly or partially exercise any of their official functions in respect of the Sale and Development Scheme and any other land council property, or otherwise engaged in conduct connected with corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988.

The public inquiry will start at 10:00 am and will be held in the Commission's hearing room on Level 7, 255 Elizabeth Street, Sydney. Chief Commissioner the Hon Peter Hall QC will preside at the public inquiry, and Counsel Assisting the Commission will be Dr Nicholas Chen SC and Ms Juliet Curtin.

The inquiry is set down for approximately three weeks. A witness list for at least the first week of the proceedings will be published on the ICAC website prior to the commencement of the public inquiry.”

Transcripts of Operation Skyline public hearings can be found here.

Note: PURSUANT TO SECTION 112 OF THE ICAC ACT, A SUPPRESSION ORDER IS MADE PROTECTING AGAINST ANY DISSEMINATION OF ANY PRIVATE EMAIL ADDRESSES, PRIVATE ADDRESSES OR PHONE NUMBERS CONTAINED IN EACH OF THE EXHIBITS TO BE UPLOADED ONTO AND PUBLISHED ON THE COMMISSION’S WEBSITE. I MAKE THAT ORDER SUBJECT TO ANY FURTHER ORDER OF THE COMMISSION.

WEEK 1 WITNESS LIST

Tuesday 27 March 
Terrence Henry Lawler - government appointed Administrator of the Awabakal Local Aboriginal Land Council.

Wednesday 28 March 
Terrence Henry Lawler government appointed Administrator of the Awabakal Local Aboriginal Land Council.
Omar Bin Abdullah building design consultant & sole director/shareholder Alamco Pty Ltd (currently under external administration) 
Steven Mark Slee - former CEO Awabakal Local Aboriginal Land Council, former director 
Awabakal Cooperative and Yarnteen College
Cyril Philemon Gabey - one of three directors at The Indigenous Business Union Pty Ltd (IBU) (deregistered 15/01/2017)

Thursday 29 March
John Terry Hancock - former board member Awabakal Local Aboriginal Land Council Eleanor Swan - former board member Awabakal Local Aboriginal Land Council
Deborah June Swan - former board member Awabakal Local Aboriginal Land Council, sister to Elanor
Bernard Michael "Mick' Walsh - former board member Awabakal Local Aboriginal Land Council 

WEEK 2 WITNESS LIST

Tuesday 3 April
Eleanor W Swan - former board member Awabakal Local Aboriginal Land Council
Deborah June Swan former board member Awabakal Local Aboriginal Land Council 
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee

Wednesday 4 April
Matthew Fisk - employee of Tony Zong first at Sunshine Property Investment Group and later at Luxeland Group
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Diane "Dan Dan" Ren - property developer, co-director and co-shareholder of Luxeland Group Pty Ltd with Tony Zong *not questioned on the day*

Thursday 5 April
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Nicole Steadman - former interim chair of Awabakal Local Aboriginal Land Council *not questioned on the day*

Friday 6 April
Tony Zong (Shuxin Zong) - sole director and shareholder of Sunshine Property Investment Group Pty Limited, a commercial fitout & building company
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee
Ronald Wayne Jordan - former board member Awabakal Local Aboriginal Land Council, employed by family business
Candy Towers - member Awabakal community, former employee Awabakal Local Aboriginal Land Council *not questioned on the day*

WEEK 3 WITNESS LIST

Monday 9 April
Larry Warren Slee - former board member Awabakal Local Aboriginal Land Council, father of Steven Mark Slee
Leonard James Quinlan - former board member Awabakal Local Aboriginal Land Council
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council

Tuesday 10 April
Dr. Raymond Kelly - former board member Awabakal Local Aboriginal Land Council
Ronald Wayne Jordanformer board member Awabakal Local Aboriginal Land Council, employed by family business
Clayton Hickey - accountant with PKF Lawler *not questioned on the day*
Ian Sheriff - solicitor *not questioned on the day*

Wednesday 11 April
Keith Kang Rhee - co-director and one of two shareholders in of Keeju Pty Ltd a family sushi business
Sammy Sayed aka Sam Say - said to be in real estate/properties

Thursday 12 April
Sammy Sayed aka Sam Say - said to be in real estate/properties
Ian Sheriff - solicitor
Diane "Dan Dan" Ren - property developer, co-director and co-shareholder of Luxeland Group Pty Ltd with Tony Zong

Friday 13 April
Nicole Steadman - former interim chair of Awabakal Local Aboriginal Land Council 
Candy Towers - member Awabakal community, former employee Awabakal Local Aboriginal Land Council


The Sydney Morning Herald report on Day One of the hearings, 27 March 2018:

Disgraced former assistant tax commissioner Nick Petroulias has resurfaced at the centre of a corruption probe into a series of deals to sell off up to $30 million worth of Aboriginal land in the NSW Hunter region.

Mr Petroulias was one of the country's most senior public servants before his high-profile jailing in 2008 for corrupt conduct and unauthorised publication of Commonwealth documents.

The first day of public inquiry by the Independent Commission against Corruption (ICAC) has heard that Mr Petroulias played a "central role" in three deals - and one attempted deal - to sell off land belonging to the Awabakal Local Aboriginal Land Council.

In one of the more extraordinary allegations, Mr Petroulias was accused of signing a 2014 deal on behalf of a company director who was already dead at the time he was appointed.

The deals took place between 2014 and 2016, with the most lucrative worth $30 million, the inquiry heard.

In his opening address, counsel assisting Nicholas Chen SC alleged that Mr Petroulias used a "two dollar company" he controlled - known as Gows Heat - to obtain purchase rights over several parcels of Awabakal land.

"Mr Petroulias at that time had recently been made a bankrupt," Mr Chen told the inquiry. "Neither Gows Heat nor Mr Petroulias paid any money to the land council to secure this 'right'."

It was alleged Mr Petroulias on-sold the purchase rights to a new buyer and then attempted to on-sell the rights again to another buyer, while both remained unaware of the other's existence.

"Gows Heat and Mr Petroulias secured a significant windfall: he sold this "right", around six months later, and received around $1.1 million as a result," Mr Chen said.

Whether Awabakal's board was aware of these deals - and how the deals could go ahead without disclosure to the board - will be investigated by the inquiry.

The inquiry will also examine the actions of two former Awabakal board members involved in the transactions - Richard Green and Debbie Dates - and a lawyer who executed the deals on the land council's behalf.

That solicitor, Despina Bakis, was the sole director of Sydney firm Knightsbridge North Lawyers. Mr Chen noted that she had been in what could be described as an "on-again, off-again" relationship with Mr Petroulias for about 20 years.

Mr Chen noted that neither Ms Bakis or Mr Petroulias were Indigenous and Ms Bakis had "no relevant experience" in undertaking the kind of work she was tasked to do by the land council.

The inquiry heard Mr Petroulias has adopted a string of aliases, including Nick or Nicholas Piers; Nick or Nicholas Pearson and Nick or Nicholas Petersen.

A number of corporate entities with links to Mr Petroulias had been created using the identities of people that knew nothing of their involvement, Mr Chen alleged.

The Newcastle Herald reporting on Day One, 28 March 2018:

The land council's administrator, Terry Lawler, took to the witness box on Tuesday afternoon, testifying that he found no copies of any agreements to sell Awabakal land when he was installed by the state government in 2016. 

Mr Petroulias, representing himself, grilled Mr Lawler over what he told Awabakal members before they voted on one of the land deals.

"Did you mention that I was a criminal to the membership of the meeting?," he asked. 

Mr Lawler responded that a solicitor acting for him may have, but added “fact’s facts”. 

When he put the issue to a vote, there was a "sea of hands" against the proposal, Mr Lawler said. 

“One of the members actually said: ‘are you a comedian?’,” he recalled. 

Mr Lawler told the inquiry that when he was first made aware of the deal, involving a company called Advantage Property Experts Syndications, he “didn’t have any information” about whether it was a good or bad deal.

However he was stunned at proposals relating to the post office. 

“The thing that did really strike me, and I remember thinking ‘this bloke’s delusional’, is that he said to me ‘part and parcel of this is we're going to do up the post office and hand it back to the NSW state government so as they’ll provide us with a strategic state development approval for the development of Hillsborough Road,” Mr Lawler told the inquiry.  

“I found that an interesting statement, because that's just not the way things work.” 
Mr Lawler also noticed a number of typos within the agreement. 

“To be frank some of the agreements I found extremely difficult to read, understand, there were differing parties … one party on the cover sheet another party in the agreement, there were references to agreements even then that I hadn’t seen,” he said.  

Mr Lawler claimed he has since been the target of abusive, defamatory and inaccurate letters and a “slanderous” social media campaign. 

He alleged a businessman associated with Advantage and two other people stood outside a recent Awabakal meeting, handing out flyers making similar allegations.

“My local residential area was letter-boxed with those flyers that same evening and it’s clear from the Facebook post from Advantage that I’m being stalked,” he said. 

“There are quite a lot of photos that are nothing other than me just going about my business.” 

Mr Lawler has reported the matters to police....

 Mr Chen described Ms Bakis’ appointment as “more than a little curious”, given that the land council had been making use of a “highly experienced” commercial and property lawyer. 

He further alleged that Ms Bakis was appointed by Mr Green without the board’s authority until a motion to ratify her appointment more than a year later. 

It’s understood that Ms Bakis will argue that she was always given to understand her appointment was authorised. 

Mr Lawler told the hearing that when he was installed he did not find any records relating to Ms Bakis’ appointment and when he asked for them, it triggered a “flow” of abusive material. 

“Abuse, complaints, accusations and being told that she’s not my secretary and that I’m a thief, it just goes on,” he said. 

“I have never experienced – let alone from a professional person – I’ve never experienced the style in which Ms Bakis writes … clearly [she was] an angry little ant.” 

The Newcastle Herald reporting on Day Two, 28 March 2018:

 A corruption inquiry has been told board minutes of the Awabakal land council appear to have been falsified to show it voted in favour of selling land to a company tied to disgraced former assistant tax commissioner Nick Petroulias. 

It came as a Sydney developer told the Independent Commission against Corruption (ICAC) he did not understand how a reference to the same company – Gows Heat Pty Ltd – ended up in documentation he prepared on the development of the land…. 

Mr Petroulias was a “common feature” in all of the deals and Gows Heat a shelf company he controlled, it has been alleged.  

In the witness box on Wednesday was Omar Abdullah, a building designer and new home specialist based in Sydney. 

He made an overture to the land council in late 2014, after he was informed by a business contact it had property ripe for development. 

Mr Abdullah told the inquiry he was given an opportunity to meet with Awabakal’s board and present it with discussion material on potential developments. 

He felt the presentation was met with a “positive reaction”, but Mr Abdullah did not pursue a deal when he got “nothing formal back” from the board.

The inquiry previously heard a “critical matter” will be an allegation from Mr Petroulias that the presentation was made jointly with Gows Heat. 

When asked if he had ever heard of Gows, Mr Abdullah replied “absolutely not”. 

Mr Abdullah was then shown a document that appeared to be identical to the one he circulated during the presentation, but included a reference to Gows Heat. 

“I’ve never seen this document,” he said. 

The land council’s chief executive at the time, Steven Slee, was questioned over his recollection events. 

Mr Slee told the inquiry the board resolved to contact Mr Abdullah to pursue the land proposal, a resolution reflected in typed and signed minutes and a “running list” of resolutions kept at the land council’s offices.  

Council assisting Nicholas Chen SC tendered those documents as evidence, before presenting Mr Slee with an additional book containing handwritten minutes. 

Mr Slee agreed it appeared someone had written extra words around the resolution. 
He was unable to decipher what they said, but observed they started with the letters “Go”. 

Mr Slee was then shown a different resolution that appeared to have been stapled into the minute book, recording a decision to push ahead with the sale of the land to Gows Heat. 

“Mr Slee, whilst you were CEO was it the practice of the board to staple resolutions into minute books?” Mr Chen asked. 

“No,” Mr Slee responded, agreeing it appeared someone had tampered with the minutes. He was unable to pinpoint who it might be. 

The Newcastle Herald reporting on  Day Five, 5 April 2018:

As an experienced property developer and qualified valuer based in Sydney, Matthew Fisk knew his way around a land deal.

But as he bargained with the Awabakal Local Aboriginal Land Council over land it owned at Warners Bay, there were aspects of the negotiations that struck him as strange.

One of the more “unusual” elements, Mr Fisk told an Independent Commission against Corruption inquiry, was the role of disgraced former assistant tax commissioner Nick Petroulias and an instance where Mr Petroulias allegedly “scribbled out” a figure in a contract….

Mr Zong later took – and dropped – legal action against the land council, claiming he was not informed the deal did not have proper authorisation.

Mr Zong’s involvement began in 2015, when he attended a meeting at Warners Bay McDonalds over a potential land deal. 

Mr Fisk told the inquiry he accompanied Mr Zong to the meeting, also attended by Mr Green and Mr Petroulias.

The parties were allegedly brought together by a former inmate who served time with Mr Petroulias at Silverwater jail – Sammy Say  – who was acquainted with a contact of Mr Zong. 

Mr Fisk recalled one of the third parties introducing Mr Petroulias as a lawyer acting for the land council. 

So he was surprised – at the end of a tour – when he was informed that Mr Petroulias had a “larger interest”.

“I believe it was Sammy Say that had used words to the effect that Nick has already put the deal together,” Mr Fisk recalled. “Then Nick proceeded with he already has an option to acquire these five parcels of land and it would be, in fact, us … acquiring Nick’s option moving forward.” 

An option is where a potential buyer pays a vendor for the right to purchase their property at a fixed price at a later time. The vendor can not sell the property to a third party in that period. 

Council assisting Nicholas Chen asked Mr Fisk if he thought it unusual that the land council’s lawyer would have an option over its land. 

“I thought it was quite unusual, particularly that when I asked what the purchase price was I was told that it was to be subject to valuation,” Mr Fisk said. 

According to Mr Fisk, another odd twist came as a contract was being signed with the amount to be paid out to Gows Heat. 

“After Mr Zong had signed the document Mr Petroulias then lent over, scribbled out $250,000, wrote $673,000 and then initialled it,” Mr Fisk said. 

“Tony [Zong] said, look, he said to Nick, ‘what are you doing?’ I don’t recall the response that was given but I found it very unusual.” 


North Coast Voices’ readers might recall that Nick Petroulias (using the name Nicholas Peterson) and Richard Green gave sworn evidence before the NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND, as part of United Land Councils' lobbying for the potentially environmentally destructive Yamba Mega Port proposal.

Before Operation Skyline’s public hearing began, one of those named in the inquiry began short-lived and unsuccessful proceedings in Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption.

The matter of the proposed Awabakal land sales was also before the NSW Supreme Court in 2017….

The Newcastle Herald, 21 October 2017:

The matter is the subject of a Supreme Court legal battle that veteran lawyers have described as one of the most extraordinary cases they have seen in their careers.

Labelled by a lawyer familiar with the case as a real-life version of “Alice in Wonderland”, its cast of characters includes an international fugitive known as Robbie Rocket, a convicted drug dealer and a dead company director who somehow continued signing agreements a year after he was cremated in a Sydney cemetery.

The existence of an international money laundering syndicate and a karaoke junket intended as a bribery attempt are among the other sensational allegations contained within thousands of pages of evidence that have been tendered to the court.

Last year in an unrelated matter Mr. Petroulias was the defendant in Director of Public Prosecutions (Cth) v Petroulias [2017] NSWSC 1290 (28 September 2017), excerpts:

When this matter came on for hearing before me there was no appearance on behalf of the defendant. The defendant now goes by the name Michael Felson. For abundant caution both of his names were called outside court three times….

During the hearing I was informed that the defendant is an undischarged bankrupt. He was declared bankrupt by a sequestration order made by the Federal Circuit Court on 23 October 2014. His statement of affairs was filed on 10 March 2015. He will thus be eligible to be discharged from bankruptcy on 10 March 2018.

Saturday 31 March 2018

Tweet of the Week



Quotes of the Week



"the average tax evader may be financially better off even after they're caught and penalised" [Chris Leech, writing about low tax evasion penalties applied by the Australian Taxation Office in an unpublished study, quoted in The Age, 24 March 2018]


“Civil disobedience and protest are vital in a democracy. They open up political space for communities to intervene when the doors of governments are closed to them, and the price of entry to corporate boardrooms and political party fundraisers is beyond reach.”  [Barrister Julian Burnside writing in The Sydney Morning Herald, 25 March 2018]