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Dear Wolter,
I received a letter from John McDonnell, Senior
Solicitor for the Crown Solicitor, today. The text is as
follows:
"Dear Mr Wilson
Re: You v Deputy Commissioner of
Taxation, Commonwealth of Australia and State of New South Wales - No. 349 of
2000 in the Parramatta District Court.
I am instructed to act for the third defendant
in thes proceedings in which I was served with a notice of cross-claim on 17
October 2000.
The cross-claim is defective for a number of
reasons.
More importantly, however, the cause of action
pleaded has no basis in law. As to the tort claim, judicial officers enjoy
immunity from suit. As to the argument as to the invalidity of all laws, I would
note that, if your argument were correct, you would have no legal basis to
cross-claim as against the thrid defendant. However, the break in
sovereignty-argument has been rejected by numerous courts in this country,
including the High Court in Joosse v ASIC (1998) HCA 77; (1998) ALR 260
and Helljay Investments Pty Ltd v Deputy Commissioner of Taxation
(1997) HCA 569; (1999) 166 ALR 302. Needless to say, the trial by jury
issue does not arise.
I advise that unless you withdraw the notice of
cross-claim as against the thrid defendant within fourteen (14) days of the date
hereof, I shall apply to strike-out the cross-claim and seek indemnity costs
against you.
Yours faithfully,
John McDonnell.
Senior
Solicitor
for Crown Solicitor
60-70 Elizabeth Street, Sydney, NSW
2000. GPO box 25 Sydney 2001. DX 19 Sydney
F:\TEAM5\JKM\Miscellaneous\AGD010.6251.1d.doc
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Wolter, he actually
phoned me last week to say he would be representing the State of New South Wales
and outlined the same blurb. My reply to him then was, "None of this
has been to a jury."
Regards,
John.
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