28 February 2008 Hearing 

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From: Adelaide Institute info@adelaideinstitute.org 
Sent: Thursday, 28 February 2008 1:30 PM
To: Adelaide Institute
Subject: 28 February 2008 Federal Court of Australia hearing

Please be advised on 28 February 2008, Federal Court of Australia, per video-link Adelaide-Sydney, the following transpired before Justice Moore:

1. Mr Robin Margo, SC, for Mr Jeremy Jones, asked His Honour to act on the following submission, which was ‘foreshadowed’ in a letter from solicitor, Steven Lewis to Dr Töben -at: http://www.adelaideinstitute.org/LEGAL2006/Jones_hurtfeelings.htm

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JONES V TÖBEN: FCA N327 of 2001

SHORT MINUTES OF ORDERS

coram Moore J, 28 February 2008

NOTE that:

(a)  in affidavits sworn by the respondent this year in support of an application by him by Amended Notice of Motion dated 19 February 2008 to withdraw the unconditional apology he gave to the Court on 27 November 2007 for his contempt of its orders to that date and to be relieved of the undertaking he gave to the Court and the applicant on 27 November 2007 and for related relief, and placed by him on the website of the Adelaide Institute; and

(b)  in a document the respondent submitted to the Court by email on 25 February 2008, and copied to the applicant’s solicitor, with the file name “Address for 28 February 2008.doc”, a hard copy of which has been initialled by me and placed with the Court file, the respondent admits that he has breached the undertaking he gave to the Court and the applicant on 27 November 2007 by not deleting some of the material that that undertaking required and requires him to delete and makes statements impugning the integrity of the Court and the judicial process.

1.            Dismiss the respondent’s amended application by notice dated 19 February 2008.

2.            ORDER pursuant to 40 r 10 that the Registrar apply by motion for punishment of the respondent’s contempt by breach of his undertaking to the Court and by making statements that impugn the integrity of the Court and the judicial process.  [Although the applicant submits this order is appropriate, it is entirely a matter for the court as a ministerial decision taken of its own motion.]

3.            Order that the respondent pay the applicant’s costs up to and including 27 November 2007 on an indemnity basis and that the applicant may proceed to recover his costs under this order forthwith.

[Only if the court does not make order 2:

4.            Fix the applicant’s contempt motion for hearing in Sydney on [15 May] 2008 and note estimate of two days.

5.            Direct that the applicant file and serve any further material on which he wishes to rely on or before 31 March 2008 and that any service on the respondent henceforth may be effected by email to info@adelaideinstitute.org  and by putting a hard copy in the mail addressed to PO Box 3300, Norwood SA 5067.

6.            Direct that the respondent file and serve any answering material on or before 24 April 2008.

7.            Reserve costs of today.

8.            Liberty to apply on two business days’ notice. ]

2. I responded by drawing His Honour’s attention to my Written Submission http://www.adelaideinstitute.org/LEGAL2006/WrittenSubmission28Feb.htm, which could not be located in Sydney on account of His Honour having moved from one court to the present one. Mr Margo kindly submitted his copy to His Honour.

3. Among other things, I asked His Honour that I would like to submit the Notice of Motion http://www.adelaideinstitute.org/newsletters/n372.htm and the Amended Notice of Motion - http://www.adelaideinstitute.org/LEGAL2006/AmendedNoticeOfMotion.htm at the proposed hearing.

4. His Honour fixed 3 June 2008, the day after my birthday, for hearing the matter. He asked if I would again consider having legal assistance – I said: YES…

5. Place of Hearing has not yet been determined – either Adelaide or Sydney.

Fredrick Töben  

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IN THE FEDERAL COURT OF AUSTRALIA    )

NEW SOUTH WALES DISTRICT REGISTRY )        No. N327 of 2001

JEREMY JONES

Applicant 

FREDRICK TÖBEN

Respondent

ORDERS

Judge:                           Moore J

Date of Orders:   28 February 2008

Where made:                Sydney

THE COURT ORDERS THAT:

1. Fix for hearing on 3 June 2008, noting estimate of two days, the applicant’s contempt motion, the respondent’s motion notice of which was filed on 4 January 2008 and the respondent’s motion notice of which is dated 19 February 2008, the venue to be decided and advised by the Court.

2. Direct that the applicant file and serve any further material on which he wishes to rely in support of his motion and any answering material in respect of the respondent’s said motions on or before 11 April 2008 and that any service on the respondent henceforth may be effected by email to info@adelaideinstitute.org  and by putting a hard copy in the mail addressed to PO Box 3300, Norwood SA 5067.

3. Direct that the respondent file and serve any answering material on or before 2 May 2008.

4.Reserve costs of today.

5.Liberty to apply on two business days’ notice.

Date that entry is stamped:  

……………………..…………..  

District Registrar  

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Holocaust denier called to account

Jeremy Roberts

The Australian, February 28, 2008

HOLOCAUST denier Fredrick Toben faced accusations of criminal contempt of court yesterday after he claimed the Federal Court was part of worldwide conspiracy against him.

The call to lay criminal charge against Dr Toben came from counsel for Australian Jewish leader Jeremy Jones, in a long running Federal Court case aimed at removing Holocaust-denial material from Dr Toben's Adelaide Institute website.

In a document lodged with the Federal Court yesterday, Dr Toben, 62, claimed the court was a part of a plan to silence his controversial views on the Holocaust.

"This matter before the Federal Court of Australia is a Jewish conspiratorial matter designed to protect an historical lie," Dr Toben says, in notice of motion filed yesterday.

Going further, Dr Toben identifies two Jewish judges, Federal Court Justice Alan Goldberg and NSW Supreme Court Justice Stephen Rothman, and questions the integrity of the courts.

"Both (judges) have been heavily involved in propagating the Jewish Holocaust-Shoah, gives rise for concern that any kind of justice can emerge from proceedings that directly impact on a contentious interpretation of an historical event," he says.

Counsel for Mr Jones, Robin Margo SC, told the court that Dr Toben's comments were so serious as to attract a criminal action.

"This matter has passed from a civil contempt proceeding to serious criminal contempt," Mr Margo said.

Mr Margo told Justice Michael Moore, sitting in Sydney, that after six years of litigation from Mr Jones, it was time for criminal action to be taken by the court against Dr Toben.

"There must come a point in which a private litigant doesn't have to keep pushing the barrow for ever," Mr Margo said.

German-born Australian, Mr Toben, 62, spent seven months in a German prison in 1999 for breaching Holocaust denial laws on his website.

He represented himself yesterday in Adelaide, connected to the Sydney court by video link, responding to a civil contempt of court complaint by Mr Jones, a former president of the Executive Council of Australian Jewry.

Mr Jones is attempting to have Dr Toben honour a court undertaking, made in November last year, to remove references to Holocaust denial material on his website.

Mr Jones also wants Dr Toben to re-issue his apology, made last November, for breaching the terms of the 2002 decision by Justice Catherine Branson to remove the Holocaust-denial material.
Justice Moore adjourned the case to a date in April, ahead of a possible hearing in June.