On 13 May 2008 I, Fredrick Töben, of 23 Caloroga Street, Wattle Park, in the State of South Australia, director of Adelaide Institute, say on oath:

1. I am the above Respondent in these proceedings and make reference to my Notice of Motion of 2 January 2008, my Amended Notice of Motion of 19 February 2008, to my Affidavits of 17 and 31 January 2008 and 19 February 2008 wherein I contest the charges made against me in the Applicant’s originating Notice of Motion set down for 5 December 2006 and both the Applicant’s Amended Notice of Motion dated 28 April 2008 and the Amended Statement of Charge dated 28 April 2008.

2. Since the 17 September 2002 FCA Court Orders I have continuously published material on Adelaide Institute’s website and published a hard-copy newsletter. Not until I became aware of the Applicant’s 5 December 2006 action in the FCA, Sydney, did I realize that the Applicant had a quarrel with my work, i.e. over four years later!

3. As a form of self-imposed censorship I began submitting our newsletters in hard copy as evidence of our work-output, seeking the court’s assistance in determining what is and is not legal for me to publish.

4. The following Annexure “1” contains the June editions of our newsletter, No 386, 387, 388, 389, to which I now make reference.

5. The Consent Orders of 27 November 2007 and my apology was made by me in good faith, something the Applicant and his legal team did not honour, hence my withdrawing from same.

Sworn by Deponent

at Perth

on the 13^th day of May 2008  

                                                                                                                                                                        …………………………….         

                                                                                                                                                                         Deponent’s Signature 

                  Before me:…………………………