VIC Employer commits perjury and subornation of perjury

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Jack_G

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4 May 2020
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If staff members commit perjury as part of their employment (large company), will Employer defend him? Or are these people personally liable?

False statements were written and spoken as part of witness statements. It was done under oath.
There is material evidence proving the perjury.
Decision was made in favour of the perjurer because of this.

I know there are two courts that could hear the perjury case. County Court of Victoria and Magistrates' Court of Victoria. Is that right?

Is there any chance of success?
 

Tim W

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28 April 2014
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Tim W

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Why didn't you produce the contrary evidence at the time?
Why didn't you use the appeal processes?
 

Rod

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27 May 2014
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The employees making the statement are responsible.

Unless you undertake a private prosecution (very rare and expensive), convincing the police it is worth their time to prosecute the matter is not an easy task.

Also keep in mind VCAT is Victorian, and FWC is Commonwealth. I'm unclear if a Cth offence can be prosecuted by Vic police. I don't do criminal law.
 

Jack_G

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4 May 2020
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Why didn't you produce the contrary evidence at the time?
Why didn't you use the appeal processes?
Decision makers at VCAT at FWC didn't seem to care about apparent conflicting evidence. It was strange.
Are you saying that perjury is usually dealt with as part of the appeal?
 

Tim W

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I'm saying that what you (perhaps mistakenly) call perjury
is usually exposed (in a trial) during cross examination,
or (in a civil proceeding such as VCAT or Fairwork) in submissions in reply.

It's really not possible to say what happened to you, without seeing the material.
(no, don't post it here)

In any event, you will almost never get to prosecute perjury privately.
And you will certainly not get to do so when you did not
either attack the supposedly perjured material in cross,
and/or did not use it (either the perjury or the error of law in accepting it)
as a ground of appeal back at the time.

There are appeal processes available in both venues.
Answer my question - why didn't you use them?
 
Last edited:

Jack_G

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4 May 2020
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Appeal for VCAT is still available. Getting my head around the process. It's expensive.
The other party was probably counting on me not appealing. I can probably ask for legal costs reimbursed if I win, right?

I'm showing perjury in my submissions for appeal at FWC. It's in progress.
There's no threat of criminal conviction, is there? So they'll do it again next time.
 

Poidah

Well-Known Member
9 November 2017
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VCAT at FWC didn't seem to care about apparent conflicting evidence.
You had this distinction about true and false before, so what you might perceive to be clear perjury may be another aspect that may not appreciate as well? If VCAT and FWC did not pick it up, maybe your distinction have barriers that you may not appreciate, like skill or experience, or contex that others may not know about etc - VIC - Defamation against FairWork Commissioner

I can probably ask for legal costs reimbursed if I win, right?
I thought actions for costs are limited in FWC type cases, vexatious or deliberate mistruths/misleading efforts etc. Hard to prove the state of mind and intent when it could all be just honest mistakes or unconscious decisions etc.

(PS: It is annoying that you have so many thread btw. To me all your posts across various posts are part of the evolution of your one issue. You may feel that all the various issues are "new" but without the context of your previous posts, it does not make sense to me really).
 

Jack_G

Well-Known Member
4 May 2020
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There are appeal processes available in both venues.
Answer my question - why didn't you use them?
"...appeal courts are effectively casinos... Lawyers can thus advise clients to have another roll of the dice; they might win, however dubious their case." - from "Our Corrupt Legal System" by Evan Whitton