Queensland Public Trustee Peter Carne says it was a "breach of trust" and she (Mrs Black) "knew or willfully (sic) shut her eyes to the fact that she had no entitlement" to his money held in a joint account established just after she sold his $2.25 million property, the court documents state.
But the newlyweds, both Logan councillors, yesterday said the allegations would be "strenuously defended".
The court documents, lodged late on Tuesday, say Mrs Black arranged for more than $900,000 to be transferred to the Public Trustee who took over the role of financial power of attorney from her in July.
"The matter is in the hands of our legal advisers," Cr Sean Black said yesterday.
The court documents say Mrs Black "asserts that she is not in breach of any trust and thereby was and remains entitled to the monies".
"The first defendant has alleged that (the man) informed her that his intention was that she would have complete access to funds to be placed into the joint account," the Public Trustee says in the documents.
They said the man was in ill health and of "impaired capacity", rendering him unable to fully comprehend the nature and effect of the transactions.
According to the documents, Mrs Black was required to "pay equitable compensation to the plaintiff for any loss suffered".
"The first defendant is obliged to restore and make good the loss of trust assets being the irrecoverable or untraceable improper joint account payments," the documents state.
They say she "knew the monies in the joint account were (the man's) property" and was advised in November 2009 she shouldn't make payments from the joint account unless she obtained authority from the then Guardianship and Administration Tribunal.
"(The man) was a person of 66 years, of poor health and suffering from a condition that did not allow him to properly care for his own needs," the documents say.
"A legally qualified attorney acting reasonably and diligently would have preserved the proceeds of the sale for the benefit of (the man)."
While not attempting to find her innocent or guilty, by means of trial by media (no matter how small)I don't think it does any harm to highlight to local people just how hard it must be to understand exactly what the requirements are for a power of attorney, because if a self professed barrister cannot understand (for the purposes of this particular defence it seems) then how is any ordinary not too bright person who happens to allow a relative or a dear friend or even a secret lover to name them as Power of Attorney supposed to know for example , when the Power of Attorney starts, when you can be in it or when you can be out of it or even if you can just decide that you don't want it any more?
•A Power of Attorney is a document which gives someone authority to act on your behalf on matters that you specify.
•The power can be specific to a certain task or broad to cover many financial duties.
•The power can be given to start immediately, or upon mental incapacity.
That is what it says about that document; also.
An enduring Power of Attorney, if created before the Principal loses capacity, will remain valid even after capacity is lost. If you want your Attorney to make decisions for you after you have lost the ability to make decisions for yourself, then you should choose "enduring".
An ordinary Power of Attorney is only valid as long as the Principal is capable of managing his or her own affairs. It becomes invalid when the Principal loses capacity (loses the ability to make important decisions).
Interesting stuff, right? Well maybe not, it can't just be that simple can it? If the person who has nominated you as power of attorney is in a state where they are not able to make their own decisions, you just automatically become empowered. No , it really is that simple.
Am I poking fun at the holes some have dug, sure, but I'm making a valid point here also, if the whole Power of Attorney thing was really that hard to understand and the person getting the power to execute decisions on behalf of an incapacitated person could turn it on and off, It just wouldn't work for the best interests of the incapacitated person, and that is simple.
32 comments:
What I find difficult to understand is why a conflict of interests wasn't noted with the Power of Attorney and the joint bank account?
What about the man's other assets and bank accounts?
I guess we will just have to wait and see how this pans out, I doubt that a suppression order will be granted.
It is hard to imagine having any credibility with a defence based on thinking you were outside the power of attorney guidelines when you are already telling all who will listen and even those who couldn't give a toss that you are a Barrister because i think everyone knows that it is not up to the person accepting the power to say when it begins, it clearly begins when the person giving the power can no longer be considered capable.
I'm appalled that the legal society has not been called into question if barristers can be so unknowledgable about simple forms with relatively simple instructions on them, then the standard of education needed to become a member of the legal profession is sadly lacking.
Maybe the legal society should be examining its members and if found to be not capable of following simple legal requirements, fire them from being able to be even called a lawyer at all.
Please lets not insult the intelligence of normal everyday folk anymore. The instructions are very clear and simple however if unsure seek the advice of a SOLICITOR.Surely that is not hard to comprehend.Lets hope that this is not another occasion where the Law pokes fun at the everyday person by protecting their own through laws that have interpreted meaning.
I wonder though if they will ever find the unnamed character who was alledgly paid some $1000. per wek for duties carried out. More to these payments then meets the eye.
Unowho, You are really taking the piss with tongue in cheek comments. You know that these documents are not that challenging to put in place when the time is right.
It's glib to suggest that the same law applies to ordinary people and the ranks of the legal fraternity, we all know that there will never be any punishment for wrongdoings of a lawyer, solicitor, whatever. Once you pass that final exam you become one of the elite, you can get off speeding tickets, drink driving charges, use the law to bully people even oposing candidates. and commit various questionable acts which would see ordinary people jailed and yet get away with mediation or negotiation.
The Law is a device for making an exclusive elite rich class system in Australia, it certainly is not a justice system and do not be conned into thinking that there is even a possibility of making a complaint against a lawyer without severe repercussions not just from them but from accross the whole profession.
I have zero tollerance for the type of behaviour by lawyers that sees them using every inch of legal power to continue to amass wealth, intimidate people and generally live a great life at the expense of others.
Its about time the legal society took seriously the complaints about legal's and kept confidence for whistle blowers, and did their own private investigations rather than allowing the lawyer being complained about to control the ongoings of the complaint process which always results in mediation and then after its over continued intimidation of the complainant.
Hi anonymous 11;25
Look, I do agree with you, there has been a problem in the way our court system and for that matter our lawmakers for such a long time and that is truly manifest in the way our legal system works for the benefit of the "legal fraternity" as you well put it.
I'd like to think though that every now and then someone within their own could be so bad an example that they would seek to eradicate them from the profession rather then further their already very low image (apparently even car sales people are considered more honest than anyone in the legal system or our police).
I have hesitated to put further information about this utter horror where it seems a person has been stripped of their considerable wealth all but their care facility bond and the amount the Adult Guardian managed to get back for that individual, but the fact is that this is local news and needs to be out there.
The thing that really intrigues me is that the man's assets (his real property in the main) has been sold in a manner that saw it get less than half the asking price and that it seems to have been sold to someone well known, I also wonder perhaps if any, what sort of other deals may have been done in relation to payment for the rest of the property value?
Some say the man deserves all he got, that maybe so but who am I to judge.
However, I wonder how it is that his family could have missed out so badly?
I don't understand why there have not been charges laid to be honest.
.
With all the publicity this matter has generated one would think that some charges will have to be laid. Nuttall has gone to jail for $300 thousand - here it's a matter of $900 thousand plus.
Then there's the matter of not declaring 'extra' assets on the council register.
I doubt that the CEO can 'fix' this without putting his own job in jeopardy. Documents, as late as June 2010 show that none were declared.
So all in all there are too many issues for this to be swept under the carpet.
I will also be interested to see what ramifications this has for some recipients of funds over the time. I believe there are quite a few - not only those who received money but other support.
Regardless of the family situation, I think its disgusting that some one outside of the biological family should benefit from the man's estate.
If the money was 'entwined'as stated, one has to ask how the person managed to accrue nearly 1 million on council wages? If our crs are able to save this much on their wages then we definitely are overpaying them!
The people will have to be vigilant on this case if even it gets past continuances and extensions and into court. The continuances and extensions are a legal design used by bigger law firms who are effectively "Judge Shopping"
Some of the bigger law firms have been in existence for a long time in Brisbane, and members of those firms can be on Boards and ethics committee's and such they can also be Judges, and if a particular firm wants a certain verdict it could be possible to hold a case up until a Judge who might think a certain way comes onto the roster for that case. Of course it probably won't be the judge who has some relationship with that law firm, but that wouldn't hurt either as another delaying tactic.
Anyone who has seen episodes of Judge John Deed, for instance will know that there is politics within the ranks of the Judiciary and that among them it is commonly known where each of their sympathies lie.
I guess if someone has a spare $million, and has a family income close to another quarter $million then it's not unfeasible that they could hire such a firm with the intent to "Judge Shop" to maximise the ability to get away without having to face the consequences of one's misdeeds.
Over
Bob.
If the property involved was for sale for $5.7 million, why aren't the Public trustee asking questions about the relationship between the Power of Attorney and the Buyer?
I think that apart from the obvious allegations too many toes have been stepped on and too many slandered for this to go away.
The personal attacks alone would make other lawyers step back. Stated in documents lodged with the Supreme Court..'A legally qualified attorney acting reasonably and diligently would have preserved the proceeds of the sale for the benefit of (the man).'
This is no ordinary Joe suing, but the Public Trustee.
To my understanding being taken to the Supreme Court means its serious. But then I'm no lawyer.
Have a look at https://aussiecriminals.wordpress.com
After the very comprehensive article in last issue of the Jimboomba Times I have no doubt about the motives of the councillor which now in my opinion are obvious and not good.
I don't know how anyone can defend the position they find themselves in and yes that line about the "legally qualified attorney acting reasonably and diligently" pretty much sums up the whole sordid affair.
Logan should be standing this pair down whilst these types of actions are under investigation, and I believe that if there are grounds for this suit why aren't the police charging them for their actions also.
Of course that would imply the police are actually impartial, and we know that's not necessarily true.
Anon 10:53 Brave comments that are a little premature at this point.However does it smell absolutely and lets hope the stench can be sorted out asap and we can get on with a Council that truly represents the old BSC fair and equitable. Primadonnas are not required in our two Divisions.But if they are to be replaced lets hope we do not return to old representation from the past. New Blood and fresh minds are required as our Representatives.
I notice al the big mouthed supporters have gone very quiet, in fact some have openly done a thomas and publicly disassociated them selves with her, which probably surprises no one. The thing I find amusing about the whole situation is that even the one sided stories from the local election campaign rags have gone, it must be a lonley place at the top, ha ha ha.
I feel sorry for the damage done to innocent people by this person and supporters. Even if the supporters distance themselves many know who they are and the parts they played in the entire saga.
There is much to be said for the old saying - birds of a feather, flock together.
http://aussiecriminals.wordpress.com/2010/12/10/public-trustee-takes-hajnal-black-to-court-for-2m/
http://www.couriermail.com.au/entertainment/confidential/councillor-hajnal-black-defends-cash-grab-from-sale-of-sick-friends-house/story-e6freq7o-1225983223368
The defence seems to be based on what might be in his will, and we know who is most likely to have that since he was in hospital when his place was cleaned out and sold for allegedly half it's value.
Excuse me but doesn't some one have to be dead before their will comes into play?
Have I missed an event?
This story is becoming more and more bizarre.
There's always one isn't there, When my mum passed away the family was at the hospital every day except for one who said they were traumatised and too upset to go much of the time. After a couple of monthe we all communicated about getting her house cleaned up and maybe rent it out only to find the "one" had already cleaned out anything of value, liased with a solicitor and organised for it to be sold telling us al that mum wanted her to have it and not the rest of us, although we had a copy of the will and stopped the sale it was heartbreaking to see mums things going on ebay for a pittance out of greed for a dollar. Of course we no longer speak to the "one" which is sad especially at christmas when our kids miss their cousins.
Its sad when it is a blood relation but when its 'one' totally outside the family I think its criminal.
I cannot believe the article in the Jimboomba Times this week claiming that the defendant has some claim to the title of the victim's property or that her now husband defendant 2 didn't know the details or that it would bring him hardship to repay the money.
If the case of this sueing is only about forcing them to repay the money, i reckon it should be paid back to the developer and the property should be returned and sold in the correct manner and the public trustee should administer it all.
I cannot believe there have not been charges laid to be honest.
Outrageous, what an appalling woman, how can anyone be so callous as to put into the press about how this man might or might not feel about his real family, disgusting.
Having been witness to the abusive way she treated the old man when he was well, I find it disgusting that she claims 'unconditional' love and care for him.
She is simply a money grabbing grub and she married a man no better than herself. Just to remind some, this is the same man involved in 'auctioning' rentals off to the highest bidder.
I wish to God the law would do its job and be done so that we can get 2 new crs and get on with issues surrounding the two divisions.
How can he claim 'hardship' if he has to pay back what he should never have accepted. Between them they earn close to $200,000 a year, both have massive assets etc. She gave him the money so she can pay it back.
This whole saga makes me sick to the stomach.
Jeff, I would like to allow your comments, however unless you have some way of substantiating them or making them generalised, I cannot.
Feel free to email me with one that I can reply to, and I'm happy to discuss how we can get this info published because it is exactly what the rumours have said over the last few years.
I also think the public trustee may be interested if you would put it to them.
I really wish more people would speak up. I would be sick to see them slitter their way out of this.
I'm surprised that Logan City Council has not stood the pair down until the Court case outcome [without pay]. The charges are serious enough.
I would also hope that the CMC is still investigating the other allegations. [Quite a few I believe.]
People are still afraid to speak up about what they've endured, in case the case does not stick and that no charges are laid because there will be a fierce backlash.
I have been told some outlandish things that have happened to community members who have opposed this one.
If Council and the LNP won't get rid of her because they fear what she will do it seems, how does anyone expect ordinary people to stand up and give the facts in a legal system where you can get off with anything if you are in the right circle or have enough money.
I believe that she did have some clout when the old man was well - one could not even look at her sideways without him running to protect her.
But now I think she's pretty vunerable. Politicians have stepped away and I believe that many others are doing the same. It is rumoured that a developer is speaking out but as I say its a rumour.
She and the media have created this 'untouchable' image and encouraged fear. She is only a little barbie doll without much credibility and when someone in your own party says you are 'like the walking dead' then your power is waning.
The other thing is that she has forgotten all the media releases that contradict what they are saying now.
One just has to google her name to see how much info there is, including being featured on 'Aussie Crimes'.
Does anyone know when the trial is set for?
Perhaps an out of court settlement might be reached at the twelth hour? It would not surprise me to see that happen, there is no justice in a legal system.
She is my Cr. in Logan city, and she is a bully. Her and Russell (old man )used to pick on people who wrote into local papers and tracked down one on the electioal role.Don't get on her bad side. There is 2 properties involved, they stopped the Greenbank Property from being sold at auction.The old man held up the sale from the farmer (greenbank ) for about 18 months and Hajnal was on the council then, PS the property backs on to Ripley Valley Project now ? Mr. Black is also a ex- realestate agent. Would like to go to the next court hearing , where can you find out when its on ???
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