OPEN LETTER to the other Justices of the High Court of Australia.

4 November, 2006.

Anthony Murray Gleeson, J.
William Montague Charles Gummow J.,
Michael Donald Kirby J.,
Kenneth Madison Hayne J.,
John Dyson Heydon J.,
Susan Maree Crennan J.,

Dear Justices,

In the matter of Your fellow Justice,  Ian David Francis Callinan J.

For all Australians cognizant of of the actions of Callinan J. regarding the Caboolture Park Shopping Centre saga, the High Court of Australia [HCA] must be surely viewed as a corrupt organ, as he is a Justice of the HCA.  As the ultimate court of review for all Australian courts, the HCA must reflect corruption on the whole Australian Court System.   This has international rammifications due to Australia being a signatory of the ICCPR.

You will be aware of the cases involving Callinan J. [I am sure you are all already so well aware of these that you will not need to click on any.]:

CABOOLTURE PARK SHOPPING CENTRE PTY LTD (IN LIQUIDATION) and WHITE INDUSTRIES (QLD) PTY LTD v. FLOWER AND HART (A FIRM) Nos. QG198 of 1986 and QG174 of 1992 FED No. 667 Courts - Practice and Procedure (1993) 117 ALR 253

White Industries (Qld) Pty Ltd v Flower & Hart (a firm) [1998] 806 FCA (14 July 1998)
and the Four Corners program   of  14 September, 1998.

The advice of Callinan J. that has become public whereby he was involved as advising barrister to George Herscu associates and in drafting the court documents to initiate a Federal Court proceeding against White Industries (Qld ) Pty Ltd, would no doubt have been expected by Callinan J. to have remained confidential due to Legal Professional Privilege.  It has become public.  His advice and his action in promoting that proceeding [for which he no doubt was well remunerated and which cost others substantially in funds and reputation, largely unrecovered] was for the purpose of using court proceedings and procedures for a purpose unrelated to the objectives which the Court process is designed to achieve. Australians aware of this would surely assess that Callinan J. has abused the Court process for his own reward.  That Callinan J. is now a judge of the Superior Court of Australia, must greatly reduce the respect and esteem in which the court is held by all Australians aware of these matters.  As the High Court is the Ultimate court in Australia, with responsibility for ensuring that all states' and territories' Supreme Courts are free of corruption and additionally, ensuring that Australia's undertakings by ICCPR are complete, the international perspective is important.  Callinan's appointment as, and his remaining, a High Court judge makes a mockery of our court system, domestically and Internationally, and, I suggest, brings Australia into disrepute on the international stage.  

I have called upon Callinan J. to resign form the High Court.    If Callinan J. does not resign, I call upon you all, as a first step to encourage Callinan J. to resign for the sake of the High Court's retention of the respect of Australians and for Australia's position, internationally.   If he does not resign, you should agitate for his removal.  If you fail to do this, I call upon you each to resign.   If you do not take a stand, who will?

All Australians are at the mercy of a court system which accepts abuse of its processes as the evidence establishes that it does.   In this environment, no Australian is really free, but subject to whim and arbitrariness as I have been by a  Supreme Court of Queensland that will not keep its own house in order.

Yours faithfuly,

Russell Mathews, BCom BSc LLB BA.