Appendix 4 – Copy of complaint to Victorian Legal Services Board

From: Terry McMaster <terry@tmclegal.com.au>
Date: Sunday, 24 March 2019 at 1:46 pm
To: admin@lsbc.vic.gov.au” <admin@lsbc.vic.gov.au>
Subject: Complaint about the conduct of four ASIC employee solicitors

Complaint to the Victorian Legal Services Board Sunday 24 March 2019

Dear Sir or Madam

Complaint about the conduct of four ASIC employee solicitors

This is a complaint about the conduct of four solicitors employed by the Australian Securities and Investment Commission (ASIC) in ASIC’s Melbourne office in the period to 30 June 2018.

The four ASIC solicitors (the solicitors) are:

  1. James McAllister-Harris
  2. Inakshi Rajadurai
  3. Andrew Thomas and
  4. Georgina Thomas.

The complaint is made by the following persons (the complainants):

  1. Dover Financial Advisers Pty Ltd (Dover)
  2. Terry McMaster (Terry) and
  3. Dover, in its capacity as principal for more than 400 financial planners registered with Dover   at 5 June 2018 (the advisers) whose details are available on request.

The alleged misconduct

The complainants allege the solicitors were negligent and acted in a way intended to mislead Dover and Terry and or which was apt to mislead and deceive Dover and Terry and which in fact did mislead and deceive Dover and Terry.

The details of the acts and omissions comprising this negligent and misleading conduct are detailed in the attached document tentatively titled “ASIC’s in-house solicitors help set Dover and Terry up for the Royal Commission”. This document is chapter 22 of a book being written now tentatively titled “ASIC v Dover, a study in misleading and deceptive conduct”. It will be published later this year. Providing you with a draft chapter 22 is the best way to explain to a lay reader the heinous and malicious conduct executed by the solicitors in the course of their employment as ASIC’s solicitors.

The draft chapter includes contrasting behavior by the ASIC solicitor’s senior manager, Mr Tim Mullaly, in his dealings with Dover’s competitors, ie AMP owned AFSLs and bank owned AFSLs. This highlights how unusual and out of character the ASIC’s solicitor’s behavior was, and further highlights the heinous and malicious nature of their deceptive and culpably negligent actions and omissions.

Providing you with other chapters such as “ASIC’s review of Terry’s advice to Dr Amit: a study in incompetence” and “ASIC’s review of Flo’s advice to Katrina: another study in incompetence” also provide more context. It is clear from these two chapters ASIC was working hard to create a case against Dover and Terry where none really existed

The breach

The alleged misconduct breaches the uniform rules and without limiting the generality of this statement breaches the obligation to:

  1. be honest (4.1.2)
  2. avoid any compromise to integrity or professional independence (4.1.4) or
  3. not engage in conduct which prejudices or diminishes public confidence in the administration

of justice or otherwise brings the legal profession into dispute (5.1).

Attachments

  1. Financial Advice (FA) Unit’s Dover Discussion Paper dated 12 December 2016
  2. Stakeholder Referral to Financial Services Enforcement dated 29 March 2017 and
  3. Dover Financial Advisers Pty Ltd (‘Dover”) Memo to Ops” dated 31 March 2017
  4. Selected Chapters from “ASIC v Dover, a study in misleading and deceptive conduct” including:
  5. ASIC’s in-house solicitors help set Dover and Terry up for the Royal Commission
  6. Why didn’t anyone else see what ASIC saw?
  7. ASIC’s review of Terry’s advice to Dr Amit: a study in incompetence and
  8. ASIC’s review of Flo’s advice to Katrina: another study in incompetence.

These attachments will be sent in separate emails to avoid size limits. One is attached to this e-mail.

Required remedy

All rights are reserved. At this time no remedy is required other than a written apology from each of the solicitors.

Please do not hesitate to contact me should you wish to discuss this matter or require any further information. Yours faithfully

Terry McMaster

Director

Dover Financial Advisers Pty Ltd

The Dover Group