Even though Enmore Spiritualist Church has been gone for some time, the question is still and often put, “what happened to your lovely little church?”  Well, the answer is complex and simple all at the same time.  Let’s go for the simple version.

The players:  Patricia Cleary – ex-president

Patricia Cleary, the then president of the church, had been stealing money from the church’s coffers for a very long time.  Indeed, there had been persistent questions and rumours about such dishonesty for a number of years, but all questions were rebuffed by Ms Cleary, normally with a threat of some kind, and usually a threat of court action claiming defamation or suchlike.  As it turns out, the threats issued by Pat Cleary were far from empty, and were both malign and well intentioned.

Back in 2009, Pat Cleary lost her role as treasurer, and the extent of the theft of church monies was exposed.  A meeting was held and the committee dissolved, with Pat Cleary losing her position as president.  She did not like this one little bit, and sought the legal assistance of Terence Goldberg of Turner Freeman Lawyers and commenced court action against five members of the church, and indeed against the church itself, in an attempt to regain her position as president and presumably also that of treasurer.

For reasons which remain difficult to understand, two other church members took Pat Cleary’s side in her court action, as well as a further church member by the name of Mandy Miami (real name Miranda McCarthy).  Mandy’s motivations though became clear after a certain length of time as her home address became the receptacle for church funds after the church was closed.

However, Pat Cleary and her three compatriots did not claim victory in their court action against the church and five of its members, as the court made no order in anyone’s favour and, in fact, the court’s only order was that each party pay their own costs.  This, in turn, caused a problem for Pat Cleary and her friends as they did not have the funds to pay their legal and court costs, which turned out to be very substantial indeed.

Terry Goldberg (solicitor) and Jon Lindsay

As dishonesty tends to do, its tentacles spread outwards.  Terence Goldberg, the solicitor who acted for the four plaintiffs in the abovementioned court matter made an application to the court for the assessment of his costs, and in such application claimed to have acted for the church in the said proceedings.  This was a clear and obvious lie.  Not only was the church named as a defendant in the court proceedings, it was also an unrepresented party, with no solicitor acting on its behalf.

An acquaintance of Terence Goldberg’s, a Mr Jon Lindsay, and while claiming to be a creditor in the amount of $85.00, sought the winding up of the church in order to pay Turner Freeman’s bill of costs.  The church was wound up and its building was sold in June 2011 for $965,000 to pay Turner Freeman’s improper first claim of $124,661.90 (which later inexplicably grew to $188,303.60).  Jon Lindsay’s claim to be a creditor of the church enabled him to pass a resolution for and in turn vote to wind up the association.

What happened to the residue, I hear you ask.  Well, not being content with improperly seeking his costs from the church, it transpires that the remaining monies as belonging to the church have since found their way into a trust as set up by Terence Goldberg, with the sole objective of that trust being to provide monies to a sham entity, as also set up by Terence Goldberg, with that sham entity residing at the given home address of, you guessed it, Mandy Miami and Jon Lindsay.

One would think that the Law Society and the police would be very interested in the above.  However, and sadly, all authorities have turned a distinct blind eye, claiming that all that took place was above board.

The Office of the Legal Services Commissioner, the overseer of solicitor conduct (a body answerable to the Attorney General’s Office), has done all in its power to protect Terence Goldberg and cover up his criminal activities.

Suzie Forell

As it also transpires, Terence Goldberg’s wife, Suzie Forell, a rumoured friend of Mandy Miami, was once an employee of the NSW Police Force, as well as being a former employee of the Independent Commission Against Corruption.  It seems that Terence Goldberg is very well protected indeed.  Sometimes truth is indeed stranger than fiction.

See below timeline of events for a baseline account of the sorry tale.

  • 27 November 2009

    Terence Goldberg acts for four plaintiffs in Supreme Court proceedings

    Terence Goldberg of Turner Freeman Lawyers acts for Patricia Cleary, Matilda Vila, Caroline Allen and Miranda McCarthy in Supreme Court proceedings 2009/00291458-001.  One Order only is made in these proceedings, in that each party is to pay their own costs.

  • 23 June 2010

    Terence Goldberg provides false instrument to Supreme Court of NSW

    Terence Goldberg files an Application with the Court for assessment of his costs, and in such, fraudulently claims to have acted for the sixth defendant in the above Court proceedings.  The sixth defendant (the church) was, in fact, unrepresented.  A copy of the said false instrument can be found here.

  • 3 February 2011

    Certificate of Determination issued against the sixth defendant

    John Bartos, costs assessor, having been led to believe by Terence Goldberg that the sixth defendant was in fact a plaintiff, issues a Certificate of Determination against the Enmore Spiritualist Church Incorporated in the amount of $124,661.90.

  • 15 February 2011

    Terence Goldberg obtains judgment debt against sixth defendant

    Judgment debt is issued by the District Court, Sydney, in the amount of $124,661.90, against Enmore Spiritualist Church Incorporated.

  • 17 May 2011

    Associate of Terence Goldberg seeks winding up of sixth defendant

    Jon Lindsay, a long-time acquaintance of Terence Goldberg, in a meeting of creditors at the office of Jones Partners, liquidator, while claiming to be owed the sum of $85.00, puts forward a motion to wind up the association known as the Enmore Spiritualist Church (sixth defendant).

  • 21 June 2011

    Premises of 2 London Street, Enmore, sold for $965,000 to pay purported Turner Freeman debt

    The only asset as owned by Enmore Spiritualist Church Incorporated, ie the church building, is sold as part of the winding up of the association in order to pay Turner Freeman’s disputed debt, with the sale having been arranged by Michael Jones, liquidator.

  • 20 December 2012

    Turner Freeman paid in full by the liquidator to the amount of $188,303.60

    NSW Fair Trading confirms that Turner Freeman was paid in full to the amount of $188,303.60 on 20 December 2012, some $63,641.70 in surplus to the obtained judgment debt.

  • 29 May 2014

    Terence Goldberg attends 'meeting of creditors' at offices of liquidator

    Terence Goldberg attends ‘meeting of creditors’ at the offices of Jones Partners, despite having been paid in full some 17 months previously, and is also the only attendee at this meeting (rendering the said meeting void).  In this meeting Terence Goldberg provides financial advantage to the liquidator, and discusses the creation of a Trust and also a new entity by the name of The Congregation of the Enmore Spiritualist Church Incorporated.

  • 21 October 2015

    Creation of sham entity called The Congregation of the Enmore Spiritualist Church Incorporated

    Turner Freeman Lawyers sets up entity to act as a receptacle to receive fraudulently obtained funds, with such entity headed by Jon Lindsay, long-time acquaintance of Terence Goldberg, with such entity also being registered to the given home address of Jon Lindsay, at 3/349 Bourke Street, Darlinghurst.  This entity has no actual purpose or function and exists in name only.

  • 16 December 2016

    Creation of The Congregation of the Enmore Spiritualist Church Foundation Trust

    Trust set up by Terence Goldberg with the assistance of Perpetual Trustee Company Limited, with its sole objective being to provide funds to the abovementioned sham entity.  The surplus funds as owned by the original entity were received by this Trust after being held for some years by Mr Michael Jones, the liquidator.

  • Between 30 June 2016 and 1 July 2017

    Moneys passed to sham entity from Trust

    As per the website of the Australian Charities and Not-for-profits Commission and the financial statement of the abovementioned Trust, the sham entity by the the name of the Congregation of the Enmore Spiritualist Church Incorporated received the amount of $492,307.00, which, of course, was received from the said Trust.  However, what is of interest is that the said Trust still holds the remaining amount of $493,140.00.

    This therefore means that the Trust, in the first instance, received an amount of $985,447.00.  This sum exceeds by far the assets left over from the winding up of the original association.  Where did it come from, and why is the sum of $493,140.00 still held by the Trust?

    The Financial Information Statement for 2017 for The Congregation of the Enmore Spiritualist Church Foundation Trust can be found here on the website of the Australian Charities and Not-for-profits Commission.

  • 2017/2018

    Where has the money gone?

    As at June 2019, both entities have provided financial statements to the Australian Charities and Not-for-profits Commission.  The Congregation of the Enmore Spiritualist Church Foundation Trust has $517,980.00 in its account (as here), however, the sham and non-operating entity known as The Congregation of the Enmore Spiritualist Church Incorporated holds the paltry sum of $4,700.00 in its account (as here).

    Where has the almost half million gone?  Quite simply, a tale of fraud and money laundering.

In relation to the above, see below letter that we have lifted from fumbart.com, which was sent to Mr John McKenzie, NSW Legal Services Commissioner, by a concerned member of the public regarding Terence Goldberg’s unlawful conduct.

It would more than strongly appear that corruption is at play.