It is usual practice for a lawyer to identify their client prior to undertaking work on the client's behalf. This is important for a number of reasons, not the least of which is identifying the correct party for invoicing purposes.

In October 1998 Bubner engaged the services of Piper-Alderman in Adelaide to initiate dialogue with Dornan regarding the deteriorating position of the Cue Club business.. In reply Dornan engaged the services of a lawyer in Perth. This was clearly a matter between Bubner and Dornan; as such their respective legal fees would be met by themselves personally.

Correspondence from Piper-Alderman was directed to Dornan, his lawyers Jackson McDonald, and company accountant Peter Martin. This correspondence clearly states they were acting for G J Bubner.

No reply was forthcoming from Jackson McDonald. It is possible they had heard enough of Kevin Dornan and Edyosavan Pty. Ltd, and wanted no further part. Instead, Dornan approached Colin Garber of Colin Garber & Associates to address the Piper-Alderman correspondence. Garber occupied an office in the Business Building in Victoria Park, in the same office suite occupied by the company accountant, Peter Martin.

The initial reply from Garber clearly states "We are instructed by Mr K Dornan of Western Australia".

Correspondence ensued between the two parties through to January 1999. Bubner's genuine concerns and substantial allegations were, for the large part, simply ignored by Dornan. Instead, he instructed Garber to make further baseless and scurrilous accusations to muddy the waters. The last letter from Piper-Aldeman to Garber on 29 January 1999 went unanswered.

In February the directors convened at the office of Martin in Victoria Park. During this meeting Martin read out a list of outstanding company expenses, complied from information provided by Dornan. This list included an invoice for $1,500 from Garber. Bubner queried this invoice, at which point Dornan immediately interjected claiming that it was a mistake, and that he would "....look after that one".

This raises some interesting questions. Did Garber invoice Dornan or Edyosavan Pty. Ltd? Either answer has sinister implications. If the invoice was directed to Dornan, then clearly Dornan has again made representation that the company should pay his personal expenses. This is fraud. If the invoice was directed to Edyosavan Pty. Ltd., then why did Garber claim he was acting for Dornan, rather than for the company?

Bubner decided a simple telephone call to Garber would resolve this question. After all, if the invoice was in the name of the company then Bubner, as a director, was entitled to a copy of same.

In May Bubner telephoned Garber and asked the simple question. Garber replied that he understood the invoices were in the name of the company, and agreed to forward a copy. He did not do this, nor was he forthcoming with any further communication.. After a period of deafening silence, Bubner followed up the matter in writing.

Dear Sir,

RE : EDYOSAVAN PTY LTD TRADING AS THE CUE CLUB

On 11th May 1999 I contacted you by phone to inquire about the invoices for work you carried out for Mr. K. Dornan in relation to Edyosavan P/L.

You indicated at the time that you believed that the invoices were in the name of the company, and further indicated that there was some sort of agreement, possibly originating in correspondence from Piper-Alderman, that the company would be responsible for legal fees. I indicated that I was unaware of any such agreement.

As a result of this I requested that a copy of the invoices be forwarded to me. You agreed to retrieve them and either give them to Mr. Peter Martin, or post them to me.

To date I have had no further communication in this matter from yourself or Mr. Martin.

It is not my intention to take up too much of your time in attendance to this matter, but would appreciate a brief reply to inform me what action has been taken.

Yours sincerely,

Graham Bubner

Director, Edyosavan P/L.

Garber did not reply to this letter. Two months after the original telephone conversation asking the simple question, Bubner sent another letter to Garber.

BY REGISTERED POST

Dear Sir,

RE : EDYOSAVAN PTY LTD TRADING AS THE CUE CLUB

A copy of a letter I sent to you over a month ago is attached. When I last spoke to Mr. Peter Martin on 8th July 1999, he indicated to me that he had had no communication from you regarding this matter in recent months. Furthermore, I have had no response from yourself.

If I do not hear from you in the near future I shall have no choice but to refer the matter to the Law Society of Western Australia.

Yours sincerely,

Graham Bubner

Director, Edyosavan P/L.

This finally solicited a reply from Garber some two weeks later by way of a telephone call. Garber indicated that he had the file in front of him, and that he would seek permission from Dornan to release these. This still didn't answer the question, rather it raised another one. If the invoices are in the name of the company, why did Garber feel he needed permission from Dornan to release this information to a director, indeed Chairman, of the company?

The conversation terminated without resolving anything.

Bubner subsequently telephoned Garber two days later. The conversation was recorded, with Garber's consent. Garber suddenly became very defensive, and finally revealed that his client is Kevin Dornan and he is not releasing anything. It had taken eleven weeks, two letters and three telephone calls to obtain a reply to the 'simple question'

Given that his client was Dornan, the invoice for his services must surely have been directed to Dornan, not Edyosavan Pty. Ltd. Quite clearly, Dornan engaged in conspiracy to defraud the company by presenting an invoice for personal expenses for payment by the company.

© 2001 Australian Securities & Intelligence Services. All Rights Reserved. This work is copyright. It may not be downloaded, reported or copied in any form whatsoever without the express written permission of Australian Securities & Intelligence Services.

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