Update on Legal Battle, 28 February 2008
Hearing in the Federal Court of Australia, Adelaide-Sydney per video link
From: Adelaide Institute firstname.lastname@example.org
Sent: Thursday, 28 February 2008 1:30 PM
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 - http://www.adelaideinstitute.org/LEGAL2006/Jones_hurtfeelings.htm
JONES V TOBEN: FCA N327 of 2001
SHORT MINUTES OF ORDERS
coram Moore J, 28 February 2008
(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 email@example.com 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 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.
The following statement by Dr Fredrick Töben is submitted for clarification purposes to His Honour, Justice M Moore, presiding judge at the Federal Court of Australia hearing of 28 February 2008. A copy has been sent to the Applicant’s solicitor, Mr Steven Lewis.
Amended Notice of Motion
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. N327 of 2001
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 firstname.lastname@example.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:
_______________________________________________NOTICE ON WEBSITE: Please be advised that owing to a legal dispute with Australia's powerful Jewish lobby, Executive Council of Australian Jewry, and its former president, Mr Jeremy Jones, all new material placed on the website will be submitted to court for clarification purposes. Fredrick Töben, 28 February 2008.
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