Basetec Services MD Charles Figallo previously told The Australian Business Executive (The ABE) how some companies are legally able to conduct business in a manner which can create great difficulties for sub-contractors, who can struggle to receive payments due.
Chevalier Charles Figallo, MD, who last year received an Order of Australia Medal for promoting Australian businesses, recently received a lot of positive feedback and support for speaking to The ABE about a corrupt legal system which is totally against SMEs.
“Legal representation is disproportionately expensive, and the Courts decide issues which can be baffling even to those within the legal profession. Trials can end up being a deliberately drawn-out legal conundrum designed to totally bankrupt you.”
“It is in the interests of some companies to bankrupt SME’s and the Courts have this totally wrong to such a degree, showing bias in favour of companies with deep pockets.”
“In my opinion the 2014 legal reforms designed to extend protection to small businesses against unfair contract terms do not go far enough, and how some judges interpret the law leads to results which can undoubtedly be biased.”
“We need a legal system which is objective and treats businesses equally, rather than one which is easily manipulated by parties with the most resources, such as when a small company is made to put up financial security in the way of cash. The defendant who counter-claims should also have to put up security to the Courts for the work done, or at best to the value of the signed contract.”
“Judges are taking far too long to hand down their decisions, and this is a major problem. Strong indications are coming to me, supported by a recent letter from the court, that the judges junior associate may be actually writing the decisions. There is undoubtedly something going wrong here. And as a year or two goes by, prior to judgement, has the judge lost all reasoning or knowledge of what took place in the courtroom? As an example, our QC tore a strip off the judge clearly stating ‘where has the $800,000 gone that you yourself awarded?’ Further to this, 23 grounds of appeal were submitted. This alone is evidence that something has gone wrong. Another important issue is that the trial judge pulled the defendants’ witness up for committing perjury. When I queried this, the Federal Court has refused to answer. I would call this biased and contempt of Court.”
“I am receiving very favourable comments on the need for a fair court system from the business community and including the judiciary. I am told time and time again to keep up the fight for our country.”
“Judicial decisions depend largely on the individual biases and social situation of the judge. Law is not neutral or objective. The logic and structure attributed to the law grow out of the power relationships within the business community, and can be dominated by certain companies who regard themselves as beyond the scope of the law of any one country. ”
“What’s happening is that smaller contractors aren’t getting paid. People are depressed, even committing suicide due to a lack of honesty and transparency in business dealings, and a legal system which protects the rights of certain companies who are able to manipulate the system.”
“SM businesses need an avenue to make official complaints and for these to be investigated independently of the legal and court systems, as I strongly believe that some judges are not carrying out their duties correctly.”
“Another thing I have noticed in our courts, and this is extremely important, that SMEs should not have to disclose their financials or their personal assets. This goes totally against SMEs, and is extremely biased.”
“There are great business opportunities in Australia and for Australian businesses overseas. What Australian business needs is a fairer, unbiased legal system which delivers speedy and affordable justice. This is becoming apparent in the courts overseas.”
Mr Figallo campaigns tirelessly to extend Australian business opportunities overseas whilst raising money for charities supporting the disadvantaged, such as children with cancer.