Deed of Release

Please note: The other twelve pages on this website have been deleted until further notice. On 29 March 2019, it was decided to review the case of Graham Schorer – for the following reason.

Parliament House Canberra

When Graham signed his 1999 Deed-of Release, he was not aware that the Telstra Corporation and the Government Communications Regulator had withheld their knowledge that Graham’s claim had already been substantiated by the Australian Government Solicitor in 1990. This meant that Telstra and the Communications Regulator deliberately chose to let Graham go through an expensive and complicated arbitration process by choosing not pass on the information that it was secretly known that his claim was valid.  This led to Graham wasting a further NINE years of his life as he attempted to prove something that the Government regulator AUSTEL had already proved to be true, which is really mind-blowing on its own but then, in 1999, after this facade had been executed, he was forced, under threat, to accept less than 30 percent of his arbitration claim, and he was denied reimbursement of the costs that this facade had cost him; this goes well beyond all reason.

When Graham signed this Deed of Release he also agreed that he would not continue any further claims against Telstra and so, before we tell the rest of Graham’s terrible story, we want to be 100% sure that we can expose what Telstra and the government communications regulator collectively did to thwart the justice Graham has been denied.  This is why we are now in the process of seeking legal advice from the current Government in relation to whether Telstra was actually allowed to conceal such important information from the arbitrator, before Graham signed the arbitration agreement in an attempt to prove what the Australian Government Solicitors had already proved, i.e. that Graham’s case was completely justified, and that there was, therefore, no need for him to prove again what had already been officially proved and accepted.

After the Government Communications Regulator’s 1993 and 1994 investigation into Graham’s communications complaints had uncovered what Telstra had been concealing from Graham for more than three years, and the Regulators themselves ALSO concealed this fact from Graham, both before and during his arbitration, well that is truly beyond contempt.

It is these issues that, in September 2018, we are currently seeking legal advice about, before we continue on with Graham’s story.

Was the concealment collusion?

COT Case Graham Schorer shows in our Open Letter File No/35 link > 20130627133948062. that, although the Australian Government Solicitor (AGS) warned Telstra that Graham Schorer (COT spokesperson), of Golden Messenger Courier services, had a valid claim against them for misleading and deceptive conduct under section 52 of the Australian Trade Practices Act and advised Telstra should settle with Mr Schorer, Telstra ignored the AGS. For the next NINE years, Telstra went on a deliberate campaign to destroy Mr Schorer’s credibility and his finances even though they knew the AGS was right.

On age 23 of the government communications regulatory draft findings on Golden Messenger (see 20130627133948062: it notes:

“Telecom Minute of 30/3/88 states that advice from Legal and Policy Headquarters indicate that Golden Messenger appeared to have a case against us…and…the Australian Government Solicitor had advised Telecom that Golden Messenger is likely to be successful in establishing that Telecom engaged in misleading and deceptive conduct contrary to the Trade Practice Act and that consequence of lost calls or calls not getting through was likely to lead to an immediate loss of business in relation to that call and potential loss of future business from the customer”.

Exhibits 20111025143553046 and 20130627133948062. were not released to Graham until October 2008, fourteen years too late to be used in his arbitration or during the Senate Estimates Investigation into why relevant documents were being withheld from Graham during his arbitration. In other words, if AUSTEL had provided their adverse findings against Telstra to Graham and the Senate Estimates Committee during that 1997/1999 Committee investigation, it would be fair to say that the Committee would have immediately ensured that Telstra didn’t pressure Graham into accepting compensation of only 33% of his arbitration claim and that 33% did NOT include the thousands upon thousands of dollars Graham had wasted on legal fees to prove something that the government regulator had already proved.

Stretched to the limit

Stretched to the limit 

The Telstra  briefing note in /G.S. Conflict of Interest File 1 shows, at point 5, that the Australian Government Solicitor, on behalf of Telstra, wrote to Graham’s legal advisors instructing them “not to disclose to their client [Graham Schorer] or other the content of the report on the North Melbourne Exchange”. It is important to note the author of this exhibit later became chair of the Telecommunication Industry Ombudsman board: the same TIO office that administered the COT arbitrations.

This shows that people holding a higher level of service within Australia’s telecommunication industry are fully aware of how the system took Graham’s business life, destroyed it and then sat by while he was forced to spend hundreds of thousands of dollars in legal fees in a process that lasted for FIVE GRUELLING YEARS in proving his claim, while fully aware his claims were proven correct by none other than the Australian Government Solicitor and the government communications regulator. Even worse is that the receiver of G.S. Conflict of Interest File 1 briefing note copied this briefing note to a person in another department in Telstra and noted:

“It would appear that any concerns over the disclosure of the adverse report on the North Melbourne Exchange can now be set to rest as it will not be released until point (5) has been complied with.”

This point 5 is point 5 in the enclosed briefing note that confirms Graham’s lawyers were actually being threatened by the Australian Government Solicitors not to disclose this North Melbourne Exchange report to their client, Graham.

Of course, Dr Gordon Hughes, one of the lawyers being threatened, later became the COT arbitrator, four years after this event. Amazingly, Dr Gordon Hughes never openly disclosed to the COT cases his prior involvement in this Telstra matter nor the threats made by the AGS.

While this conflict of interest matter is alarming enough, equally alarming is that the receiver of the G.S. Conflict of Interest File 1 exhibit is also the author of G.S. Conflict of Interest File 3. This same person (Peter) was also named in the Senate estimates on 24 June 1997, by a Telstra whistleblower, as advising him that the first five COT cases (naming Graham as one of the five) had to be stopped at all cost from proving their claims see Senate – Parliament of Australia.

This same person (Peter), therefore knew full well that Graham’s arbitration claim had already been proved to be valid by none other than the Australian Government Solicitor but still Graham’s arbitration went ahead, as soon as he had formally signed for the Fast Track Settlement Process on the 23 November 1993.  Then, because no-one told Graham at the time that his claims were actually accepted as valid, the tormenting, legalistic process continued, without respite, until April 1999. It is impossible to even begin to calculate the damage this caused to Graham’s life, both for his business life and for his private life, mentally and physically, as he was forced to live through so many years with this stress constantly mounting. Those within the Telstra Corporation, and within the Government communications regulatory department, who stood by and allowed this stressful process to drag on for more than five long years, while they all knew that Graham was right and Telstra was wrong, should be charged for Crimes against humanity, which is defined as ‘certain acts that are deliberately committed as part of a widespread or systematic attack or individual attack directed against any civilian or an identifiable part of a civilian population.’ (See > Crimes against humanity – Wikipedia).

The first Peter on page 39 in the Senate Hansard – Parliament of Australia is the Joker I have named Joker Five, who lied under oath in his witness statement provided to the arbitrator hearing my case (see Telstra Falsified SVT Report). Amazingly, the Telstra executive Ted Benjamin names on page 39 of this report was also a TIO council member, who admitted to the following Senate Estimates hearing on 26 September 1997 (see page 109 > COMMONWEALTH OF AUSTRALIA – Parliament of Australia) as not disclosing his conflict of interest when attending TIO council meetings where COT case issues were discussed, fed privileged TIO council-discussed material to fellow Telstra executives as the following exhibit > TIO Council Conflict of Interest 30 Nov 1993 shows. A detailed explanation of this damning exhibit can be read by clicking onto > Chapter One Telecommunication Industry Ombudsman).

As far as the COT cases receiving their basic legal rights as claimants during their TIO-administered arbitrations, that right was NEVER afforded them see page 99  COMMONWEALTH OF AUSTRALIA – Parliament of Australia by the Commonwealth who originally endorsed our arbitrations.