28 February 2008 Hearing

Notice of Motion 

Written Submission for 28 February 2008 FCA Hearing






Affidavit in Support


Form 27

  (Order 19, rule 2)




NEW SOUTH WALES DISTRICT REGISTRY             No. N327 of 2001     


Jeremy Jones   



Fredrick Töben






The above named Respondent will at 9:30 am on the 28th day of February 2008 at Law Courts Building, Queens Square, Sydney, NSW move the Court, for directions only, that the NOTICE OF MOTION of 2 January 2008 be augmented by this AMENDED NOTICE OF MOTION for Orders that:



1. The circumstances of the report ‘Toben gives Holocaust denial apology in Court’, in the Australian Jewish News, dated 30 November 2007, concerning Orders of 27 November 2007 be investigated by the Registrar of the Federal Court of Australia.


2. The Respondent be given Declaratory Relief in the following terms:


2.1 Although the Respondent has – bar a link to an article on another website – deleted per the 27 November 2007 Consent Order material from Adelaide Institute’s website, it be declared that the Respondent has unreservedly withdrawn his apology to the court on account of the Applicant attempting to use the court as a proxy to achieve his conspiratorial aim of imposing – without open debate – a Jewish Holocaust-Shoah world view on the Australian public, something that is contrary to Australia’s democratic tradition of being a pluralistic society because such a world-view would violate its moral compass by entrenching Jewish supremacism within the fabric of Australian society.


2.2 That it be declared this current legal action – begun in 1996 before the Human Rights and Equal Opportunity Commission-HREOC, then continued in 2001 in the Federal Court of Australia-FCA, and finally culminating on 5 December 2006 with the Applicant, Jeremy Jones, requesting that the Court order the arrest of the Respondent, Dr Fredrick Töben, for violating the FCA Court Order – is an abuse of process because it violates Australia’s democratic value system, and that Jeremy Jones and Members of the Executive Council of Australian Jewry apologize to the Australian public for committing such an intentional abuse.


2.3 That the Applicant, Mr Jeremy Jones and Members of the Executive Council of Australian Jewry, be declared obsessive and vexatious Holocaust-Shoah litigants who merely follow directly in the footsteps of their overseas co-conspirators, Dr Efraim Zuroff and Rabbis Cooper and Hier of the US-based Simon Wiesenthal Centre, Los Angeles, in propagating what is for Germans and other truth-loving individuals a false, hurtful, hate-filled, offensive and racially motivated account of an historical event called the Holocaust-Shoah.


2.4 That it be declared that the Applicant’s use of the Holocaust-Shoah narrative serves to spread Zionist racist hatred and contempt against Germans and anyone of German descent, and anything to do with German culture and heritage.


2.5 That it be declared that if the Applicant and Members of the ECAJ initiates any future legal action wherein claims are made about the Holocaust-Shoah narrative, they be obliged scientifically to substantiate and quantify any such claims and subject such claims to a truth-test.


2.6 That it be declared that if the Applicant and Members of the ECAJ claim hurt feelings flowing from any alternate Jewish Holocaust-Shoah narrative that corrects the false factual nature of the Jeremy Jones, et al, propagated Jewish Holocaust-Shoah narrative, they be obliged to substantiate such hurt feelings per medical evidence, for example a psychiatric report of no less than four weeks old.


2.7 That it be declared that a singular/unique interpretation of the Jewish Holocaust-Shoah narrative is contrary to academic and scientific enquiry and is a mere political/dogmatic interpretation of an historical event, something that runs counter to Australia’s cherished concepts of freedom and democracy where a plurality of world-views co-exist without criminalizing one view or another.


2.8 That it be declared that a belief in the narrative – that during World War Two Germans systematically exterminated European Jewry in homicidal gas chambers – without subjecting that belief to forensic investigations, remains a mere belief, and that any attempt to enshrine it within Australia’s legal framework is contrary to Australia’s self-interest because it enables the racist Zionists in Australia to suppress free expression on any historical debate and to criminalise dissenting views and opinions.


2.9 That it be declared that the claim Germans exterminated six million Jews during World War Two, and the Auschwitz concentration camp death figure reduction – from four million to 1.-1.5 million, and that this reduction does not influence the total of six million – is an irrational claim without empirical foundation.


2.10 That it be declared that in both Germany/Austria and Turkey legal measures have been implemented to prevent an open historical enquiry on a claimed historical massacre – in the former about the Jewish Holocaust-Shoah massacre and in the latter about the Armenian massacre.


2.10.1 That it be declared that to the question – cui bono? – it is Jewish interests that are legally protected by such legal censorship preventing investigation of an historical event, and that the Jewish Holocaust-Shoah guarantees a perpetual victimhood status of Jews while the Armenian Holocaust protects Jews from being regarded as perpetrators, which they were, and as they were in the 1917 Soviet Bolshevik Holocaust.


2.10.2 That it be declared that such legal protection of an historical event leads to legal persecution of individuals/dissidents who refuse to believe in the Zionist racist propagated version of historical events, something that is contrary to Australia’s understanding of human rights where freedom of expression is paramount if a belief in freedom and democracy is to be maintained, all of which is contrary to how Germany and Austria treat their dissidents, for example, legally persecuting/imprisoning and criminalising dissenters, such as Germar Rudolf and Ernst Zündel in Germany and Walter Fröhlich and Gerd Honsik in Austria, only because they refuse to believe in the Zionist Jewish version of the historical event called the Jewish Holocaust-Shoah.


3. There be such further or other Order as the Court may consider appropriate.


DATED: Adelaide

19 February 2008



Dr Fredrick Töben



To: Jeremy Jones

Slater & Gordon

11/51 Druitt Street

Sydney 2000




Filed by Dr F Töben                                                                       Tel: 08.83310808 

                                                                                                          Mob: 0417088217

Wattle Park 5066                                                            Email: toben@adelaideinstitute.org




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