Notice of Motion
Amended Notice of Motion
Written Submission for 28 February 2008 FCA Hearing
THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. N327 of 2001
Jeremy Jones -
28 February 2008 Hearing
From: Adelaide Institute email@example.com
Sent: Thursday, 28 February 2008 1:30 PM
To: Adelaide Institute
Subject: 28 February 2008 Federal Court of Australia hearing
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
JONES V TÖBEN: FCA N327 of 2001
SHORT MINUTES OF ORDERS
coram Moore J, 28 February 2008
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
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’s amended application by notice dated 19 February 2008.
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.]
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:
the applicant’s contempt motion for hearing in Sydney on [15 May] 2008 and
note estimate of two days.
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 firstname.lastname@example.org and by putting a hard copy in the mail addressed to PO Box 3300, Norwood
that the respondent file and serve any answering material on or before 24
costs of today.
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.
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.
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:
Place of Hearing has not yet been determined – either Adelaide or Sydney.
IN THE FEDERAL
COURT OF AUSTRALIA
SOUTH WALES DISTRICT
No. N327 of 2001
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.
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 email@example.com
and by putting a hard copy in the mail addressed to PO Box 3300, Norwood SA
that the respondent file and serve any answering material on or before 2
costs of today.
5.Liberty to apply on
two business days’ notice.
that entry is stamped:
Holocaust denier called to account
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.
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.
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