OPEN LETTER to the other Justices of the High Court of
OPEN LETTER to the other Justices of the High Court of Australia.
4 November, 2006.
Murray Gleeson, J.
Montague Charles Gummow J.,
Donald Kirby J.,
Madison Hayne J.,
Dyson Heydon J.,
Susan Maree Crennan J.,
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
You will be aware of the cases involving Callinan J. [I am sure
all already so well aware of these that you will not need to click on
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
Industries (Qld) Pty Ltd v Flower & Hart (a firm)  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.
Russell Mathews, BCom BSc LLB BA.