Southall hid facts about misapprehensions the court may have had regarding the effects of orders[1] and allowed the court to continue to be led astray by the results of his own grossly erroneous conduct and his blatant support of others’ grossly erroneous conduct. The court was under misapprehensions in regard to orders made based on, inter alia:
- Southall’s grossly erroneous misrepresentations in relation to the true facts in relation to the letter of 19 August 2011;
- Southall’s grossly erroneous misrepresentations in regard to my apology;
- Southall’s grossly erroneous misrepresentations in regard to the false claims of defamation;
- Southall’s grossly erroneous misrepresentations in regard to the false evidence in Southall’s clients’ sworn testimony;
- Southall’s grossly erroneous misrepresentations in regard to severe lack of truthfulness of his own submissions and addresses;
- Southall’s deceptions in relation to the delay in removing the words objected to (caused solely by Southall and his team’s deliberate delay in particularisations);
- Southall’s grossly erroneous misrepresentations in regard to the factuality and truthfulness of the documents prepared, settled and pleaded on behalf of his clients.
Having concealed from their Honours the fact that they had been placed under gross misapprehensions, and had been exceptionally led astray, Southall did nothing to remedy the situation by revealing the truth – rather, he went even deeper into concealment by, inter alia, telling their Honours that such conduct was trifling or small and the court should not waste its time looking at the matters.
[1] In breach of ASC Rule 19.11 and Vic Bar Rule 28