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Justice Bowskill’s did NOT accept the “Cowan” applicants submission that these paragraphs should be struck out. The Tucker and Cowan liability regarding the actions of Tucker is still a matter which will be litigated.
 
If the issue of s. 249 of The Legal Profession Act is being litigated before the Supreme Court of Queensland where on earth are the Queensland Law Society which administers Solicitors Trusts Accounts and where are the Legal Services Commission. The allegations pleaded by the liquidators are extremely serious. Faith in the Legal Profession in Queensland is at stake as is faith in the Trust Account system.

All the Legal manoeuvring before the Supreme Court in terms of the minutiae of the pleadings is no substitute for the Queensland Law Society investigating in conjunction with an “own motion” investigation by the Legal Services Commission which they are capable of initiating to protect the Queensland public.

Any determination by the legal regulators is completely seperate to the civil proceedings on foot. Get independent auditors and investigations in to determine if the allegations made in the Supreme Court proceedings are true.

Trust Accounts are sacrosanct and should never have any cloud of doubt hanging over them.

The issues of conflict of interest are also matters which need investigation by the regulators. If this is allowed to hang in the air like a stench, then a mockery is being made of the Legal Profession in Queensland.

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https://www.queenslandjudgments.com.au/case-download/id/321500
 
Has there been a partnership split / dispute at Tucker and Cowan ???

Tucker representing himself, Cowan using DLA Piper to defend him in the Supreme Court proceedings.

Tucker now trading as a sole practitioner from his house in the Gap.

The litigation now being reported on by specialist LEGAL Publications such as Lawyerly.

???

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The liquidators action against Tucker and others could also drag on expensively for years to come.
 
It’s better to watch your words in a public examination, because organisations like the Courier Mail can order a copy of the transcript from the Federal Court as can any other member of the public.

From the Queensland Law Society records it seems Cowan should be referred to by Tucker as his ex business partner. Correct me if I’m wrong.

Tucker accusing Stephen Russell of extortion is on another level.

Stephen Russell’s firm has never had allegations levied against it of breaching s 249 of the Legal Profession Act.

Tucker accusing others of extortion as reported in the Courier Mail is an interesting study in projection.


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http://www.couriermail.com.au/busin...h/news-story/a37a779c6cca626917c5a4b06a12cac5
 
The liquidators report from 2013 details the sculduggery and deceit of friendly receiver “Worrells” saying they don’t know whether there will be surplus funds from the MS Asia debt. They also conveniently state they can’t provide details of any recoveries. Of course not, Tucker and Kennedy certainly didn’t want the liquidators to know anything.

If the Legal Services Commission doesn’t investigate this and Tucker & Cowans involvement as a legal firm channeling money through its trust account, there will be a public outcry.

It seems media coverage is the only way to get action on this...

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Yet Tucker clearly says that he was told by the receiver for Bank of Scotland that the debt amount would be satisfied prior to buying the debt from MS Asia.

When Worrells gave the advices detailed above to the liquidators, they would have had to get instructions from their appointor Ms Asia as well as the lawyer for MS Asia, no other than David Tucker who was also a hidden beneficial owner of MS Asia. The conflict of interest is beyond words...

Did he ever have any empathy for the shafted investors ???
 
Surely the regulators, need to step up to the plate and start investigating alleged breaches of the law...

The amounts involved are eye watering and involve innocent investor’s funds.

The alleged breaches involve use of Solicitors Trusts Accounts to divert money to third parties in breach of the Legal Profession Act.

Where is the QLD Law Society and Legal Services Commission and need I say ASIC when it comes to investigating these allegations.

ASIC and the Federal Police raided Equititrust and McIvor in search of evidence. Is that what’s warranted here ? Raids to get to the bottom of where money has been diverted via trusts and offshore accounts.
 

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Why is Kennedy avoiding service ?

When will Kennedy return to face the music ?

Kennedy is the key to these proceedings. Once he’s in the witness box the gig is up.
 
Let’s not forget the Courier Mail’s Tony Bela September 2017, enshrining the moment Tucker had to appear before the Federal Court of Australia for 5 Days of intense Public Examination regarding his role in the MS Asia deal.

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When partners of law firms become regular caricatures in the press due to litigation launched against them, their actions need to be looked at closely. I am reliably informed that they’re not too happy with the media attention. Well I can unequivocally confirm that investors aren’t happy about where their money went.

The media exposure is more than warranted as it is entirely in the public interest to know what went on. Millions of dollars of investor money disappeared and we have lawyers intrinsically connected to the transactions and the company now being sued by Liquidators alleging breaches of the Legal Profession Act.

The utter ridiculousness and insanity of a law firm getting involved in a scheme with the former CEO of this nature is beyond words and comprehension.

I’m sorry gents the media will continue to shine a spotlight on every aspect of the matter and each parties involvement until all come to justice...
 
Tucker’s director profile for Equititrust is an interesting read. Especially his areas of “alleged” specialisation...

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All aspects of the Corporations Act relating to directors duties and liabilities.

The bit about corporate governance not even a comedian could write that line...

In the end someone’s gonna have to “pony” up...
 
As the litigation progresses, Worrell’s involvement will come under the spotlight.

The Worrells boys were publicly examined in the Federal Court alongside Tucker.

As this sorid saga unfolds and people are put into the witness box for cross examination there will be some spectacular revelations which to date have not been made public.

Mark my words, David Kennedy will be worth listening to when cross examined at trial.
 
The bombshell evidence as to where the money went will jog some memories.

Tucker says he doesn’t know and never chased it up ???

How much tax has been paid in Australia and Hong Kong, or has it become an accounting excerise which the Australian Taxation Office May not agree with ?
 
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