No: SAD 69 and 73 of 2009


                                                                              GERALD FREDRICK TOBEN



   The Applicant received Respondent’s submission per email, and states thereto:

 1. This matter before the court began 15 years ago, on 31 May 1996 when Respondent lodged a complaint against Applicant in the Human Rights and Equal Opportunity Commission – now Human Rights Commission.

 2. On 30 March 2001 the matter progressed to the Federal Court of Australia where Branson J on 17 September 2002 handed down a Summary Judgment – FCA 1150.

 3. At all times Applicant remained legally unrepresented at the matters of fact stage of proceedings, and both State and Federal legal Aid refused to assist Applicant in funding legal representation claiming that for cases under the Racial Discrimination Act there is no provision to fund such matters.

 4. At all times Applicant complied with court orders that demanded material alleged ‘offensive’ be removed from Adelaide Institute’s Internet website.

 5. Applicant was represented at ‘matters of law’ stage during the 2007-9 ‘contempt of court’ hearings.

 6. On 6 December 2010 Applicant succeeded in having the first bankruptcy notice set aside, and also successfully engaged legal firm Armstrong Lawyers in Melbourne to negotiate and make a financially viable offer of settlement to the Respondent – which Respondent rejected without reason.


Filed by the Applicant

Dr GERALD FREDRICK TOBEN                                          Telephone: 0417088217    

Address for service:

PO Box 3300

Norwood SA 5067                                                                 Email:



7. When Respondent initiated his second attempt to have the Applicant declared a bankrupt it was normal for Applicant to continue with legal counsel in Melbourne and Applicant trusted his legal counsel to continue in the proceedings, and hence Applicant sent the new bankruptcy papers to him.


8. Compliance with the Bankruptcy Notice fell on 13 April 2011, and Applicant was in shock when he learned that two days after expiry of the 21-day compliance with the Bankruptcy Notice he was advised by his Melbourne legal counsel that owing to a change in personnel the matter had remained dormant and no response had been filed in the FCA on behalf of the Applicant.


9. Applicant was advised immediately to submit a Notice of Motion to the court, which he did on 15 April 2011. He did this with the aim of repeating what he had achieved on 6 December 2010 when the original Bankruptcy Notice was set aside.


10. Applicant is not legally trained and is only able to assist the court when it is a matter of facts but not where it concerns matters of law.


11. Applicant wishes to advise the Court that he now has found legal representation from Melbourne, Dr John Walsh of Brannagh, Barrister-at-Law, who at short notice is prepared to assist Applicant and the Court in this matter by appearing per video link at the FCA, Melbourne Registry, or by audio link from his office in Melbourne.


12. Unfortunately the timing of the 2 June 2011 hearing is problematic because Sir John is otherwise engaged during the morning but would be free at 2.30 pm EST., or alternately, he has a full free day on either Tuesday 7 June 2011 or on Thursday 9 June 2011, and he will be personally in attendance in Adelaide on Wednesday 15 June 2011.


13. Applicant begs the Court to consider granting the Applicant an extension of time and/or an adjournment so that legal counsel can prepare a proper response.



31 May 2011


Fredrick Töben

Mob: 0417088217





Robin Margo, Zionism and the New Israel Fund-NIF

D W Brockschmidt, Adelaide, 1 June 2011

Chairman Robin is trying to tell Australians and indeed the world that the New Israel Fund – NIF which works and functions only in Israel “strives to promote the vision of Zionism that is contained, indeed promised, in Israel’s Declaration of Independence, namely equality of social and political rights to all its inhabitants irrespective of religion, race or sex”.

Chairman Robin’s version and vision of Zionism has absolutely nothing to do with the theory and practice of Zionism world-wide including in Israel and Palestine in the past and present. Zionism was once condemned as a form of racism by the UN. Zionism as it has been made clear by the founding fathers from Theoror Herz’l to David Ben Gurion is for Jews only.

This, of course, excludes other racial, religious and or ethnic/cultural groups totally. For example, Muslims, Christians, Buddhists, Hindus, etc. Zionism fulfils the criteria of political, religious, racial and cultural apartheid.

Chairman Robin was an opponent of Apartheid in his home country South Africa but supports Zionism in his new country Australia and in his spiritual home country Erez Israel.

I’m a bit confused here, Chairman Robin, please explain? But before you personally or publicly respond to my expressed views let’s have a closer look what the NIF stands for.

“The NIF supports a Jewish democratic state, and pursues those Zionist ideals by working to increase social justice in Israeli society.”

Well, well, here we go again.

Judaism, like any other religion may with the exception of Buddism, has nothing to do with democracy. Religions are not democratic. Israel has not even had the division between synagogue, church, mosque and state. The concept of a Jewish democratic state is an oxymoron.

Zionist ideals, working to increase social justice in Israeli society mean Jewish society only have a long, long way to go because Zionism is made for Jews only. Social justice in Israeli Jewish society means justice for Jews only. Ask any Palestinian in Israel, in the occupied territories of Palestine and Palestinian refugee camps in other Arab countries, they will all confirm that.

Social justice has not even been achieved within Israeli Jewish society. Semitic-Sephardic – Oriental Jews – are still the underdog ruled by the non-semitic-Ashkenazi – European Jews. Not to mention here the non-Jewish communities in Israel which have no full citizen rights.

The oppressed Palestinians in Israeli-occupied Palestine have hardly any rights at all, especially not the right-of-return to their homes and land taken from them by the Zionists between 1900 and today.

The NIF under Chairman Robin informs us that their values are “similar after all what we all wish for Australia”. What a chutzpah! Certainly not mate! Australia is a ‘democratic’ country based on Westminster Law, which has its origin in Christianity and particularly in the Sermon on the Mount given to the world by the greatest Jewish Prophet Judaism has ever produced, Jesus the Christ. PBUH.

Zionist Israel has turned Palestine into a Jewish state. Israel is now ruled by Jewish Talmudic law, left over Turkish and British military occupation law.

The ideological, political and historical roots of Zionism are mainly based on bolshevism brought to Palestine from Eastern Europe and Russia by David ben Gurion and his followers and fascism brought to Palestine by Izak Shamir, Menachim Begin and their followers from all over Europe.

The Betar Zionist Youth Movement has a fascist background. They were trained in Italy under Benito Mussolini before World War Two, so was the Irgun, the forerunner of Zahal-IDF.

May I also remind Chairman Robin here that approximately 150,000 Jews served the German Reich between 1933 to 1945 in its defence force, science and technology, for example the twice-Nobel prize winner and president of the Kaiser Wilhelm Institute in Berlin, Otto von Warburg who belonged to the famous Warburg banking family. Paul von Warburg organised the training of young Jews in Germany in agreement with the Third Reich government for their new life in Palestine. Approximately 50,000 German-trained Zionist Jews migrated to Palestine, carried on German ships until 1940. This was based on the so-called Haavara Agreement between the German Reich and the Zionist organisations in Germany and other parts in Europe. The Warburg Bank organised the transfer of wealth for Jews migrating from Germany to Palestine. At the same time there was also a technological and industrial transfer of German knowledge and industrial goods, for example locomotives were sent to Palestine. Approximately 70% of Palestine’s infrastructure was made in Germany. SS Colonel Baron Leopold von Mildenstein travelled to Palestine in 1936 and stayed for six months in Zionist Kibutzims where he observed and praised the young Jewish Zionists who were building up their new homeland.

The fatal flaw in this process was that this was done mainly on stolen Palestinian land.

Approximately 500,000 Jews were declared Arians or honourable Arians by Adolf Hitler.

How you, Chairman Robin and the NIF, can now turn Zionism, which is made for Jews only, into a form of multicultural- multiracial- political-social and religious freedom for all, is a mystery for me.

Something does not add up here. Please explain Chairman Robin.

Last but not least, I would like to remind Chairman Robin and other political Zionist activists within the world-wide Jewish communities that my parents, Hertha and Heinrich Brockschmidt are Righteous Gentiles, recognised by the German government and by  Yad Va Shem-Holocaust Martyrs' and Heroes' Remembrance Authority in Israel. Further, my late mother, Hertha Brockschmidt, on invitation of the Israeli government planted in honour of the Brockschmidt family a tree in the Allee of the Righteous Gentiles.

I, myself, lived on-and-off in Israel during the 1960s and 1970s, and especially during the 1967 dreadful six-day war, which is still on-going, risked my life for your spiritual homeland. I point this out to you and your followers just in case you are trying to stick the ‘antisemitic’ and ‘anti-Judaic’ label on to me.

During World War Two my father was also the business partner of Oskar Schindler and he supplied trucks to Schindler with which some of the ‘Schindler Jews’ were transported from Schinder’s factory, Deutsche Metall, in Krakow Poland to Schindler’s new ammunition factory in Brünnlitz Czechoslovakia, Schindler’s birthplace.

Shalom and Mazaltov

W D Brockschmidt


Recommended reading on Zionism

Brian Riggs - Hitler’s Jewish Soldiers

Allan Abrams – Special Treatment

Tom Segev – The Seventh Million

Lenni Brenner – Zionism in the Age of Dictators

Lenni Brenner – 51 Documents, Zionist collaboration with the Nazis

Bernard Lazare – Antisemitism

Maurice Samuel – You Gentiles

John Sack – An Eye for an Eye

Tony Martin – The Jewish Onslaught

Douglas Reed – The Controversy of Zion

Ivor Benson – The Zionist Factor

Regina Sharif – Non-Jewish Zionism

Michael Jansen – Dissonance in Zion

Noam Chomsky – The Fateful Triangle

Alfred M Lilienthal – The Zionist Connection

Roger Garaudy – The Founding Myth of Modern Israel

Arthur Koestler – The Thirteenth Tribe

Holocaust survivor Professor Israel Shahak – Jewish History, Jewish Religion

Israel Shahak & Norton Mezvinzky – Jewish Fundamentalism in Israel

Peter Schäfer – Jesus and the Talmud




Robin Margo Named Chairman of the New Israel Fund Australia, May 9, 2011 by Agencies

The new organisation, to be officially launched in June, has issued a media release. J-Wire publishes it in full…

Robin Margo Photo: Henry Benjamin

Robin Margo, a Sydney-based barrister, has served in several leadership positions within the Jewish community, most notably as president of the New South Wales Jewish community from 2008-2010.

He remains actively involved in the NSW Jewish Board of Deputies, the Council for Jewish Community Security (NSW) and the Executive Council of Australian Jewry, the roof body of Australian Jewry.

He also acted for Jeremy Jones, past president of the ECAJ, in a long running legal battle against Holocaust denier Fredrick Töben.

The NSW Government awarded Mr Margo its Community Service Volunteer Award for 2010 in recognition of his role in strengthening understanding and promoting mutual trust between the NSW Jewish community and diverse ethnic, cultural and faith communities in NSW, especially Muslim communities.

As a student leader in South Africa, Mr Margo was an active opponent of Apartheid, and was denied a passport for many years. He was eventually allowed to migrate to Australia in 1977.

“NIF strives to promote the vision of Zionism that is contained, indeed promised, in Israel’s Declaration of Independence, namely ‘equality of social and political rights to all its inhabitants irrespective of religion, race or sex’,” said Mr Margo.

“NIF supports a Jewish democratic state and pursues those Zionist ideals by working to increase social justice in Israeli society. We have been encouraged by the way NIF’s values seem to resonate with many in the Australian Jewish community, including many of its younger members. They are similar after all to what we all wish for Australia.”

Mr Margo’s deputy is Melbourne-based Ric Benjamin, the immediate past president of Jewish Aid Australia, which was founded in 1994 in response to the humanitarian crisis in Rwanda, to mobilise the Australian Jewish community in the pursuit of humanitarian relief, poverty alleviation and social justice for disadvantaged communities in Australia and overseas.

Mr Benjamin, JAA’s president for 11 years, stepped down in 2009, and is now CEO of VicRelief Foodbank, an independent charity that delivers food to people experiencing hardship through a network of more than 480 registered community organisations.

He is also a former president of the Australian Zionist Youth Council. “As a Jew and a Zionist I am proud of the principles of tzedakah (charity) and tikkun olam (healing the world) that are involved in my humanitarian work at Foodbank. To me, NIF Australia’s support of welfare agencies in Israel is a natural extension of the way I judge the strength of any society – by the value it places on supporting the most vulnerable in the community.”

Also on the NIF Australia board are Mandi Katz, Irving Wallach and Liam Getreu. Mandi Katz is a former Victorian chair of the Australasian Union of Jewish Students. A former lawyer, she now works in financial services and has been active in Jewish women’s issues. Her husband, Ashley Browne, is a former editor of the Australian Jewish News. They have three teenage children, who attend Jewish schools in Melbourne.

Irving Wallach, the son of Holocaust survivors, is a former head of Betar Zionist youth movement and former chair of the Zionist Youth Council of NSW. During his student years he fought against the anti-Israel campaigns of the Australian Union of Students.

He has also served as National Secretary of the Australasian Union of Jewish Students, Secretary-General of the World Union of Jewish Students in London, board member of Mount Sinai College, board member of Moriah College, and as a Deputy, Honorary Secretary, and Executive Member of the NSW Jewish Board of Deputies.  A barrister, he is married to Ronni Kahn, the founder of Oz Harvest, and has a daughter.

Liam Getreu is the immediate past president of the Australasian Union of Jewish Students and will provide a link with young people supportive of NIF and its values. He is a graduate of Bialik College and Habonim Dror youth movement, a former president of the Australian Zionist Youth Council and was AUJS president in 2010.

The New Israel Fund works only within Israel. Over more than three decades, it has provided in excess of $US200 million to more than 800 amunatot (NGOs), all recognised by the Israeli government.

NIF is widely credited for the role it has played in building Israeli civil society, promoting rights for women, the disabled, the GLBT community and minority groups, and for furthering religious pluralism and equality and democracy for all Israelis.

Organisations funded by the NIF have made many significant contributions in helping Israel, the only democracy in the Middle East, become a fairer and more just and inclusive society.  The following are a few examples only out of a very long list.

One grantee, The Coalition for Affordable Housing, this year successfully lobbied for housing projects in Tel Aviv, Ashdod and Ra’anana for Israelis with limited financial means.

Another, Tebeka, successfully defended the right of Ethiopian Jews to equal participation in Israeli schools.

The leading human rights organisation in the territories, B’Tselem, seed-funded by NIF, was acknowledged recently by the Israeli government for assisting the IDF to improve its procedures for urban warfare designed to minimise civilian casualties.

The NIF’s current president is three-time Knesset member and former Deputy Speaker of the Knesset, Professor Naomi Chazan, and one of its international board members is the Australian-educated academic and former US ambassador to Israel, Martin Indyk.

The Australian branch will be officially launched in June by Professor Chazan, who is being brought to Australia by NIF in conjunction with the Union for Progressive Judaism.

She is scheduled to speak to Jewish audiences at Limmud Oz in Sydney on June 12 and 13 and at Glen Eira Town Hall in Melbourne on June 16, as well at various Progressive synagogues in Sydney and Melbourne. She will also speak at the Sydney Opera House on June 19, The Wheeler Centre in Melbourne on June 14 and the University of Melbourne on June 16.

“Attempts by some in Australia and overseas to denigrate the NIF have failed to dent the enthusiasm we are seeing for the establishment of NIF in this country”, said Mr Margo.

“These attacks are ill conceived, based on selective or demonstrably incorrect facts, and ignore important context and other relevant facts,” he said.

“More fundamentally, they miss the point of what is required to realise the vision of inclusion, pluralism and diversity in the Declaration of Independence. We welcome open, rational, civil debate about the fulfillment of the Zionist vision and the strengthening of Israeli society. And we look forward to constructive discussions about these issues, which will be prompted by Naomi Chazan’s visit in June.”

NIF also has branches in America, Canada, Switzerland and the United Kingdom. NIF Australia has been in development for more than a year.

“The new Australian branch will add to the strength of our growing organisation,” said NIF’s CEO Daniel Sokatch.

“My visit there last year impressed me with the depth of commitment the Australian Jewish community has to a strong Israel and to equality and justice for all Israelis.”

Peter Wertheim, the Executive Director of The Executive Council of Australian Jewry told J-Wire: “The Committee of Management will meet later this month. The NIF Australia is not on the agenda but it is likely to be discussed.”




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