THE FEDERAL COURT OF AUSTRALIA
SAD 69 and 73 of 2009
GERALD FREDRICK TOBEN
SUBMISSION IN RESPONSE TO
by the Applicant
GERALD FREDRICK TOBEN
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
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.
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.
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.
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.
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.
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.
Margo, Zionism and the New Israel Fund-NIF
W Brockschmidt, Adelaide, 1 June 2011
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”.
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
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
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.
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.
NIF supports a Jewish democratic state, and pursues those Zionist
ideals by working to increase social justice in Israeli society.”
well, here we go again.
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.
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.
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
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.
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.
Israel has turned Palestine into a Jewish state. Israel is now ruled
by Jewish Talmudic law, left over Turkish and British military
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
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.
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.
fatal flaw in this process was that this was done mainly on stolen
500,000 Jews were declared Arians or honourable Arians by Adolf
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.
does not add up here. Please explain Chairman Robin.
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.
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.
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.
reading on Zionism
Riggs - Hitler’s Jewish Soldiers
Abrams – Special Treatment
Segev – The Seventh Million
Brenner – Zionism in the Age of Dictators
Brenner – 51 Documents, Zionist collaboration with the Nazis
Lazare – Antisemitism
Samuel – You Gentiles
Sack – An Eye for an Eye
Martin – The Jewish Onslaught
Reed – The Controversy of Zion
Benson – The Zionist Factor
Sharif – Non-Jewish Zionism
Jansen – Dissonance in Zion
Chomsky – The Fateful Triangle
M Lilienthal – The Zionist Connection
Garaudy – The Founding Myth of Modern Israel
Koestler – The Thirteenth Tribe
survivor Professor Israel Shahak – Jewish History, Jewish Religion
Shahak & Norton Mezvinzky – Jewish Fundamentalism in Israel
Schäfer – Jesus and the Talmud
Margo Named Chairman of the New Israel Fund Australia,
9, 2011 by Agencies
The new organisation, to be officially launched in June, has issued a media release. J-Wire publishes it in full…
Margo Photo: Henry Benjamin
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.
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.
also acted for Jeremy Jones, past president of the ECAJ, in a long
running legal battle against Holocaust denier Fredrick Töben.
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
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.
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.
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.”
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.
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.
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.”
on the NIF Australia board are Mandi Katz, Irving Wallach and Liam
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.
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.
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.
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.
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.
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.
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.
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.
Tebeka, successfully defended the right of Ethiopian Jews to equal
participation in Israeli schools.
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.
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.
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.
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.
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
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.
attacks are ill conceived, based on selective or demonstrably
incorrect facts, and ignore important context and other relevant
facts,” he said.
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.”
also has branches in America, Canada, Switzerland and the United
Kingdom. NIF Australia has been in development for more than a year.
new Australian branch will add to the strength of our growing
organisation,” said NIF’s CEO Daniel Sokatch.
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.”
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.”
©-free 2011 Adelaide Institute