Order 14, Rule 2
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSD327 of 2001
AFFIDAVIT OF FREDRICK TÖBEN
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:
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
4. The following Annexure “1” contains the June editions of our newsletter, No
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
on the 13th day of May 2008
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