Taped insults ignite fight for $30m David Rofe estate

A barrister who tried to claw back control of his $30m fortune before he succumbed to dementia accused his power of attorney, Michael Lawler, of being a ‘thief’ and ‘liar’.

Former Health Services Union boss Kathy Jackson, left, and her ex-partner Michael Lawler. Picture David Geraghty

A barrister who tried to claw back control of his $30m fortune before he succumbed to dementia had accused his power of attorney, former Fair Work boss Michael Lawler, of being a “thief” and “liar” after he bought a house in the ailing silk’s name allegedly without his permission, a court has heard.

Mr Lawler used $1.35m of barrister David Rofe’s funds in 2014 to buy a house in Rofe’s name at Wombarra, 65km south of Sydney, right next to a home he owned with former union boss and his now ex-partner, Kathy Jackson. He claims the purchase was made with Rofe’s full approval.

The revelations come as a dozen beneficiaries squabble in the NSW Supreme Court over how to divide Rofe’s estate. They are accusing each other of using nefarious methods and “undue influence” to trick, charm, or force their way into the silk’s prized final will.

The warring beneficiaries include Ms Jackson, the former Health Services Union chief and Rofe’s estate executor, who is battling alongside Rofe’s carer and ex-partner, Gregg Hele, Rofe’s “virtual son” Nick ­Llewellyn, and rival nephews James and Philip Rofe.

Ms Jackson met Rofe in May 2012 — almost two years after he was diagnosed with dementia — and quickly graduated from the silk’s acquaintance to a self-styled “day wife”. Within two years, she became one of the biggest beneficiaries of the barrister’s many wills and is poised to inherit up to $3m if the final will is upheld .

At one stage, she almost lost her inheritance after Mr Lawler was dumped as Rofe’s power of attorney following the conflict over the Wombarra property.

On Tuesday, a series of private conversations recorded by Mr Lawler in 2014 were played to the court. In one conversation, Rofe calls Mr Lawler an “absolute b......”, and accuses him of abusing his power of attorney by dipping into the barrister’s bank account and removing $160,000 to pay for a deposit on the Wombarra property.

In another tape, Rofe says: “What a terrible little b...... you are. How dare you go on like this! How dare you!” In a another conversation, the barrister accuses Mr Lawler of being a “thief”.

On Monday, Mr Lawler claimed Rofe had agreed to the purchase of the Wombarra property, and had only lashed out because he was being influenced by a rival beneficiary, Mr ­Llewellyn.

Kathy Jackson in 2014.

Mr Llewellyn, who has previously claimed to have been Rofe’s “virtual son”, could walk away debt-free with $6m if the court upholds a will written in March 2014. But if the court upholds a final will written in December that year, he would inherit $3m and be forced to pay back a debt of almost $2.5m.

In another tape, Mr Lawler accuses Mr Llewellyn of trying to “poison” Rofe in a bid to “turn him against” Ms Jackson, who was acting as Rofe’s typist and helping him with his final will. The court heard relations between the pair soured further after Mr Llewellyn learned Mr Lawler had bought a $1.2m Gold Coast apartment in Rofe’s name, not in Mr ­Llewellyn’s name as he had wanted.

Rofe died aged 85 in 2017. He wrote about 40 wills, most after 2010 as he slowly succumbed to advanced dementia. A flood of changes were made between 2013 and 2014. The hearing continues before judge Geoff Lindsay.