Battle of wills: Kathy Jackson, David Rofe and his $30m estate

WHISTLEBLOWER Kathy Jackson has been locked in a battle which could see her pocket millions from the will of a prominent QC.

Kathy Jackson arrives at the trade union royal commission hearings in Sydney last August with David Rofe.

THE union corruption whistleblower Kathy Jackson has been locked in a battle which could see her pocket millions of dollars from the will of a prominent, elder­ly Sydney barrister with demen­tia.

The potential windfall follows Ms Jackson and her live-in partner, Fair Work Commission vice-president Michael Lawler, assuming a central role in the life of David Rofe QC and a fight for control of his $30 million estate.

Ms Jackson first met and befriended the 83-year-old Mr Rofe in 2012, two years after he was diag­nosed with dementia and urged to cease working because of his diminished mental capacity.

She is named in one of the ailing barrister’s wills drawn up last year as the beneficiary of a one-tenth share of his estate when he dies, or up to $3m.

Ms Jackson is understood to have already sought financial compensation from Mr Rofe — who has 24-hour home nursing care — by billing the administrator of his vast wealth for payment after time spent as Mr Rofe’s companion, sitting with the barrister at his Woollahra townhouse in Sydney’s eastern suburbs during 2013, and early last year.

Throughout this period, Ms Jackson, who exposed large-scale corruption by the now jailed union fraudster Michael Williamson and is now fighting alleg­ations that she misused at least $1.4m of members’ funds, was on extended unpaid sick leave from her position as national secretary of the troubled Health Services Union.

The Rofe estate’s administrator, accountant Robert Horder is understood to have rejected Ms Jackson’s billing request.

Ms Jackson is known to have asked Mr Rofe two years ago for a loan of up to $60,000 to cover her children’s private school fees and other debts, promising to “pay it back quickly”.

Mr Rofe, known for his lifetime of frugality, turned down the request despite his devotion to Ms Jackson — according to insiders among his family and friends — as “the daughter he never had”.

Last June, Mr Rofe’s money was used to buy a $1.35m house for him at Wombarra, south of Sydney, that is next door to where Mr Lawler lives with Ms Jackson.

Rofe family relatives and friends claim Mr Rofe became agit­ated towards Mr Lawler after the sale, dislikes the property, and rarely visits it.

At the time of Mr Rofe’s Wombarra purchase, Mr Lawler wielded enormous influence in controlling Mr Rofe’s wealth after having gained power of attorney over the barrister’s estate, and the role of financial manager.

A power of attorney document gives the attorney authority to buy and sell real estate, shares and other assets, to operate bank account­s and to spend money on behalf of the protected person. The attorney must always act in the best interests of the person. Unless expressly authorised, the attorney cannot gain a benefit from being an attorney.

Responding to detailed questions from The Weekend Australian, a solicitor for Mr Lawler said Mr Lawler had acted at all times “honourably, generously and in good faith in relation to Mr Rofe”.

The solicitor said Mr Lawler was a close friend of Mr Rofe. He had become power of attorney at Mr Rofe’s request, and Mr Rofe gave his prior assent when Mr Lawler bought the Wombarra property for him.

The proximity of Mr Rofe’s Wom­barra house to Ms Jackson’s “advantaged” Mr Rofe, rather than Mr Lawler or Ms Jackson, according to Mr Lawler.

Mr Rofe’s Wombarra house was “a peculiarly suitable property” for Mr Rofe to live in when his condition required “high-level, 24-hour, live-in care”. Ms Jackson did not respond to questions.

Mr Lawler, who is back at work after periods of “long leave”, started involving himself directly in a legal tussle for control of Mr Rofe’s estate after the elderly barrister suffered a breakdown and became seriously ill in September 2012.

Acting on the side of a young friend of Mr Rofe’s who had called for help, Nick Llewellyn, Mr Lawler — together with Ms Jackson — entered the frontline of battle against an anti-Llewellyn group on the other side.

The leading figures in this anti-Llewellyn group who now found they were fighting Mr Lawler and Ms Jackson were Mr Rofe’s nephew, Philip Rofe, and longstanding lawyer friends of Mr Rofe: John Agius SC, Anthony Tudehope, Brendan Hull, Bob McLaughlin, Bob Cameron and Andrew Cameron.

Under a registered “Enduring Power of Attorney” document that was signed after months of wrangling on June 17, 2013, Mr Lawler won control with the legal help of Wombarra friend and solic­itor Susanna Ford, from legal firm Arnold Bloch Leibler.

The power of attorney, signed by Mr Rofe, put Mr Lawler in charge of Mr Rofe’s finances.

It also specifically authorised Mr Lawler to ensure that 40-year-old Mr Llewellyn — who claims he has been a “close friend”, “depend­ent” and “virtual son” of Mr Rofe since 2000 — received a payment of $150,000 to clear credit card debts; regular monthly payments of $10,000; and $1.45m to assist Mr Llewellyn buy a residence.

These payments were described in the power of attorney as “loans” repayable on Mr Rofe’s death, or a request for repayment.

The monthly payments were also conditional on Mr Llewellyn continuing to visit Mr Rofe at least four times a week “for more than two hours on each occasio­n” and performing tasks “including providing companionship”.

Mr Llewellyn continues to receive the $10,000 monthly payments from the Rofe estate, but his personal access to Mr Rofe has been restricted since a major falling-out with Mr Lawler and Ms Jackson that reached its lowest point last year after a tussle over Rofe wills.

Control of the Rofe estate reverted to the Public Trustee in Aug­ust, with Mr Lawler forgoing his power of attorney, after Mr Llew­ellyn pressed his opposition to the continued involvement of Mr Lawler and Ms Jackson.

A guardian appointed for Mr Rofe in late 2012, former Rofe secretary Ruth Coleman, remains in this role. Ms Coleman ruled this week that The Weekend Australian should not be permitted to speak to Mr Rofe.

Mr Llewellyn remains bitter about how his relationship with Mr Rofe has allegedly been replaced by Mr Rofe’s relationship with Mr Lawler and “especially Ms Jackson”. He is also bitter about alleg­edly being shut out of the barrister’s financial management.

Mr Rofe was a barrister in high-profile court battles including Whitlam v Sankey, the Greek conspiracy case and the Heiner affair.

His closest relatives are a large group of nephews and nieces. Many have been written into, out of, and back into numerous Rofe wills over the years. Insiders say an epic court battle is inevitable when Mr Rofe dies, in a scramble to clarify which of his wills is legitimate.