ISSN
1440-9828
March 2008
No 373
Update
on Legal Battle, 28 February 2008
Hearing
in the Federal Court of Australia, Adelaide-Sydney per video link
From:
Adelaide Institute info@adelaideinstitute.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
NOTE
that:
(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 info@adelaideinstitute.org
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 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.
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.
Fredrick
Töben
______________________________________________________________________________________
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.
Introduction
________________________________________________
Amended
Notice of Motion
_____________________________________________
IN THE FEDERAL
COURT OF AUSTRALIA
)
NEW
SOUTH WALES DISTRICT
REGISTRY )
No. N327 of 2001
JEREMY
JONES
Applicant
FREDRICK TÖBEN
Respondent
ORDERS
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 info@adelaideinstitute.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:
……………………..…………..
District Registrar
_______________________________________________
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.
