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Legislative Assembly for the ACT: 1997 Week 1 Hansard (20 February) . . Page.. 298..


MINISTER FOR URBAN SERVICES

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO. 346

ACTTAB - Contract with VITAB Ltd

Mr Osborne - asked the Minister for Business Employment and Tourism - In relation to your response to question on notice No. 326:

(1) Who, on behalf of ACTTAB, instructed Messrs Freehill, Hollingdale & Page to prepare independent legal advice in relation to the role of Messrs Macphillamy, Cummins and Gibson.

(2) Will the Minister table a copy of (a) the advice together with the letter of instruction; and (b) observations and any material which was made available upon which the advice was based.

(3) Did ACTTAB or you seek or receive any advice in relation to the role of Messrs Macphillamy Cummins & Gibson prior to the settlement with VITAB being effected in August 1994, if not, why not.

(4) Why did ACTTAB wait until more than six months after the VITAB settlement was effected before obtaining the independent legal advice.

(5) Did ACTTAB or you at any time receive advice in relation to the role of Messrs Macphillamy Cummins & Gibson from Messrs Sly and Weigall, the solicitors who took over the conduct of the VITAB matter.

(6) At the time that they received instructions to act on behalf of ACTTAB in relation to the VITAB matter, did Messrs Sly & Weigall (now part of Messrs Deacons Graham & James) disclose to (a) the Board of ACTTAB, (b) the Minister or (c) any departmental officers that they were involved with the merger discussions with Messrs Macphillamy Cummins & Gibson, the former solicitors for ACTTAB.

(7) Given that Messrs Sly & Weigall and Messrs Macphillamy Cummins & Gibson subsequently merged on 1 July 1994, will you now direct the Board of ACTTAB to obtain independent legal advice regarding an action for negligence against Messrs Macphillamy, Cummins & Gibson, or its successors in title.

(8) Will you guarantee that every possible avenue will be pursued to ensure that ACT taxpayers money is recovered.


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